An Act To Amend the Laws Regarding Prisoner Participation in Public Works Projects
Maine Legislature, Session 121, LD 1622
Amends: 30-A MRSA §160, 30-A MRSA §1606, 30-A MRSA §1659

Legislative Document 
No. 1622 
H.P.1200 
House of Representatives, May 22,2003 
An Act To Amend the Laws Regarding Prisoner Participation in 
Public Works Projects 
Reported by Representative BUNKER of Kossuth Township for the Joint Standing 
Committee on Criminal Justice and Public Safety pursuant to Joint Order 2003, H.P. 1111. 
Printed on recyc led paper 
'!r/~ /h.1Jlil£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 30·A MRSA §1605, sub·§2·A, as enacted by PL 2001, c. 
171, §2, is amended to read: 
2-A. 
Grant of privileqe. 
The ~Faa~ia~-ef sheriff may grant 
a 
privilege 
described 
in 
subsection 
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Sec. 2. 30·A MRSA §1605, sub·§3, as amended by PL 2001, §171, 
§3, is further amended to read: 
3. 
Wages, 
self-employment 
income; 
collection. 
If 
a 
prisoner is employed for wages or salary, 
the sheriff shall 
collect the wages or salary or require the prisoner to turn over 
the wages or salary in full when received. 
If the prisoner is 
self~employed, the self-employment income must be turned over to 
the sheriff. 
The sheriff shall deposit the income in a trust 
checking account and shall keep a ledger showing the status of 
the account of each prisoner. 
The wages or salaries are not 
subject to trustee process in the hands of either the employer or 
the sheriff, and the self-employment income is not subject to 
trustee process in the hands of the sheriff during the prisoner's 
term and may be disbursed only as provided in. this section; but 
for tax purposes they are income of the prisoner. 
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Sec. 3. 30·A MRSA §1605, sub·§3·A, as enacted by PL 2001, c. 
171, §4, is repealed. 
Sec. 4. 30·A MRSA §1605, sub·§5, as amended by PL 2001, c. 
171, §5, is further amended to read to read: 
5. 
Disbursements. 
The 
wages 
or 
salaries 
of 
employed 
prisoners and employment income of self-employed prisoners must 
Page l-LR2100(1) 
• 
be disbursed by the sheriff for the following purposes, in the 
following order: 
A. The board of the prisoners; 
B. 
Necessary travel expenses to and from work and other 
incidental expenses of the prisoners; 
c. Support of the prisoners' dependents, if any; 
D. Payments, either in full or ratably, of restitution, and 
of the prisoners' obligations, acknowledged in writing, in 
accordance with Title 17 -A, chapter 54, or that have been 
reduced to judgment; and 
E. The balance, if any, to the prisoners upon their release. 
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Sec. S. 30-A MRSA §160S, sub-§S-A, as enacted by PL 2001, c. 
171, §6, is repealed. 
Sec. 6. 30-A MRSA §160S, sub-§6, as amended by PL 2001, c. 
171, §7, is further amended to read: 
6. 
Restitution disbursements. 
Notwithstanding subsection 5 
aRa-£Qa6ee~ieR-e-A, the wages or salaries of employed prisoners, 
employment income of self-employed prisoners or income from any 
other source must be disbursed by the sheriff in accordance with 
any restitution authorized by section 1562. 
These disbursements 
may 
not 
be 
authorized 
until 
any 
disbursements 
required 
by 
subsection 5, paragraphs A to D have been made. 
Sec. 7. 30-A MRSA §160S, sub-§7, as amended by PL 2001, c. 
171, §7, is further amended to read: 
7. 
Employment in other county. 
The sheriff may arrange 
wi th another sheriff for the employment of the prisoner in the 
other's county, 
and while 
so employed to be in the other's 
custody, but in other respects to be and continue subject to the 
commitment. 
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Sec. 8. 30-A MRSA §160S, sub-§7-A, as enacted by PL 2001, c. 
171, §8, is repealed. 
Sec. 9. 30-A MRSA §1606, sub-§l-A, as enacted by PL 2001, c. 
171, §9, is repealed. 
Sec. 10. 30-A MRSA §1659, sub-§l, as amended by PL 2001, c. 
171, §11, is further amended to read: 
1. 
Petition. 
A sheriff, 
upon written request 
from 
an 
inmate eligible for participation in a home-release moni tor ing 
program 
and 
recommended 
by 
the 
jail 
administrator, 
may 
electronically monitor or intensively supervise and t:e release 
the inmate to participate in a home-release monitoring program 
established in that county. 
Prior to releasing an inmate for 
participation in a home-release monitoring program, the sheriff 
shall provide to the court in which the inmate was sentenced 
notice of the release. 
The 
court in which the 
inmate was 
sentenced may withdraw the privilege of home release at any time 
by order entered with or without notice of hearing. 
Prior to 
issuing 
an 
order withdrawing 
the privilege, 
the 
court 
must 
provide an opportunity for the sheriff to provide comment. 
At 
the time of granting the privilege, the sheriff shall determine 
whether the inmate is responsible for the cost of participating 
in the home-release program based on the inmate's ability to pay. 
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Sec. 11. 30-A MRSA §1659, sub-§l-A, as enacted by PL 2001, c. 
171, §12, is repealed. 
Sec. 12. 30-A MRSA §1659, sub-§3, fI, as amended by PL 2001, c. 
171, §13, is further amended to read: 
I. 
As 
a 
condition of participation of an inmate in a 
home-release program, the sheriff shall require the inmate 
to pay a fee, as determined by the sheriff, including an 
electronic 
monitoring 
fee, 
if 
applicable, 
a 
substance 
testing fee or both, unless the sheriff determines that the 
inmate does not have the financial resources to pay these 
fees. The fee charged may include the costs associated with 
a 
home-release program for people 
who 
do 
not have 
the 
financial resources to pay the fees. 
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Sec. 13. 30-A MRSA §1659, sub-§3, fI-1, as enacted by PL 2001, 
c. 171, §14, is repealed. 
SUMMARY 
Public 
Law 
2001, 
chapter 
authorized county sheriffs 
instead 
of 
a 
court 
to 
make 
decisions 
concerning 
prisoner 
employment, participation in public works and participation in 
electronic 
monitoring 
and 
intensive 
supervision 
outside 
the 
jail. 
However, the law repeals that authorization 90 days after 
the 
adjournment 
of 
the First Regular 
Session of 
the 12lst 
Legislature. 
This bill repeals the reversion to the courts so 
that county sheriffs will continue to make decisions regarding 
prisoner participation in employment, public works, electronic 
monitoring and intensive supervision.