An Act To Improve the Operations of the Department of Corrections and the Safety of State Correctional Facilities LR 2623(02)
Maine Legislature, Session 121, LD 1764
Committee Amendment CA_A_H749 (House)
Amends: 15 MRSA §3101, 15 MRSA §3203-A, 15 MRSA §3203, 15 MRSA §3306, 17-A MRSA §1253, 34-A MRSA §3805, 34-A MRSA §4104, 17-A MRSA §759

COMMITTEE AMENDMENT "hl· to H.P. 1286, L.D. 
To Improve the Operations of the Department 
the Safety of State Correctional Facilities" 
1764, Bill, "An 
of Corrections 
Amend the bill in Part A by striking out all of sections 1 
to 3 and inserting in their place the following: 
. Sec. A-I. 15 MRSA §3101, sub-§4, 1rE-2 is enacted to read: 
E-2. 
If 
the 
Juyenile 
Court 
binds 
a 
juvenile 
over 
to 
Superior Court and has not directed the detention of the 
juvenile in a section of a jail that is used primarily for 
the detention of adults pursuant to paragraph E-l, the court 
shall order that. if the juvenile attains 18 years and 6 
months 
of 
age 
and 
is being detained, 
the 
juvenile 
be 
detained in an adult section of a jail. 
Sec. A-2. 
MRSA §3203-A, sub-§5, 1rB, 
as 
repealed 
and 
replaced by PL 1999, c. 127, Pt. A, §32 and c. 260, Pt. A, §5, is 
amended to read: 
B. 
Following a detention hearing, 
a court shall order a 
juvenile's release, in accordance with subsection 4, unless 
it finds, by a preponderance of the evidence, that continued 
detention is necessary to meet 
one 
of 
the 
purposes 
of 
detention provided in that subsection. 
The Juvenile Court 
shall ensure, by appropriate order, that any such continued 
detention is otherwise in accordance with the requirements 
of subsection 4. 
The court may order that detention be 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H. P. 1286, L. D. 1764 
continued pending further appearances before the court or 
pending conditional release to a setting satisfactory to the 
juvenile community corrections officer. 
Sec. A·3. 15 MRSA §3203.A, sub·§5, ,C, as amended by PL 2003, 
c. 180, §4, is further amended to read: 
C. 
Continued detention or conditional release may not be 
ordered unless a Juvenile Court Judge or justice of the 
peace has 
determined pursuant to subsection 
4-A or 
the 
Juvenile Court determines at the detention hearing that 
there is probable cause to believe that the juvenile has 
committed a juvenile crime. 
Sec. A·4. 15 MRSA §3306·A, as amended by PL 2001, c. 696, 
§2, is further amended to read: 
§3306-A. Release or detention at first appearance 
At the juvenile's first appearance or at any subsequent 
appearance before the court, the court may orderT-peRa4R~-f~r~BeF 
appeaFaRees--~~~-~~--ee~F~T the 
juvenile's 
unconditional 
release, 
eeRa4~4eRea 
conditional 
release 
or 
detention 
in 
accordance 
with 
section 
3203-A. 
Unless 
the 
court 
orders 
otherwise, any juvenile put on conditional release by a juvenile 
community 
corrections officer 
remains 
on 
conditional 
release 
until disposition. 
Conditional release or detention may not be ordered at any 
appearance unless it has been determined by a Juvenile Court 
Judge or a justice of the peace that there is probable cause to 
believe that the juvenile has committed a juvenile crime. 
When a court orders detention or a conditional release that 
authorizes 
even 
temporarily the 
juvenile's 
removal 
from 
the 
juvenile's home or when a court allows a conditional release 
ordered 
by 
a 
juvenile 
community 
corrections 
officer 
that 
authorizes, 
even temporarily, the juvenile's removal 
from the 
juvenile's home to remain in effect, the court shall determine 
whether reasonable efforts have been made to prevent or eliminate 
the need for removal of the juvenile from the juvenile's home or 
that no reasonable efforts are necessary because of the existence 
of an aggravating factor as defined in Title 22, section 4002, 
subsection l-B, and whether continuation in the juvenile's home 
would 
be 
contrary 
to 
the 
welfare 
of 
the 
juvenile. 
This 
determination does not affect whether the court orders detention 
or 
a 
conditional release or allows 
a 
conditional release to 
remain in 
effectT-~&~-~~~-~e--&e-~~-~--6ee~4eR 
6aQa-A. ' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1286, L.D. 1764 
Further amend the bill in Part A by striking out all of 
section 5 and inserting in its place the following: 
'Sec. A-5. 17-A MRSA §1253, sub-§2, as amended by PL 2003, c. 
205, §6, is further amended to read: 
2. 
Each person sentenced to imprisonment who has previously 
been detained for the conduct for which the sentence is imposed 
in any state facility or county institution or facility or in any 
local lockup awaiting trial, during trial, post-trial awaiting 
sentencing or post-sentencing prior to the date on which the 
sentence commenced to run either to await transportation to the 
place of imprisonment specified, or pursuant to court order, and 
not 
in execution of 
any 
other 
sentence 
of 
confinement, 
is 
entitled to receive a day-for-day deduction from the total term 
of imprisonment required under that sentence. 
Each person is 
entitled to receive the same deduction for any such period of 
detention in any federal, 
state or county institution, 
local 
lockup or similar facility in another jurisdiction, including any 
detention resulting 
from 
being 
a 
fugitive 
from 
justice, 
as 
defined by Title 15, section 201, subsection 4, unless the person 
is simultaneously being detained for non-Maine conduct. 
For 
the 
purpose 
of 
calculating 
the 
day-for-day 
deduction 
specified by this subsection, a "day" means 24 hours. 
The total term required under the sentence of imprisonment is 
reduced 
by 
the total deduction of this subsection prior to 
applying any of the other deductions specified in this section or 
in Title 30-A, section 1606. 
~Re-a~~e£fiey-~~~~~~~~-S&a&e-6aaJJ-~~~~~~~~r~r-a~ 
~Re-~ime-~-~~~~r-witRiR-~~-~~~~~~-r-a-stateffieR~ 
sRawiR~-~ae-~~~-~~~~-tRis-6~~e€~iefi7-~~~~-~~&~-iR 
tiffieT-afie-~~~~~~~&~-se-a~~a€aee-~~~~~~~~~a~-FeeaFas 
a~-tRe-eaffiffiitffieR~T 
The 
~heriff or other person upon whom the legal duty is imposed 
to deliver a sentenced person who has been detained as specified 
in this subsection shall, within 30 days of delivery, furnish to 
the custodian a statement showing the length of that detention. 
In addition, the transporter shall furnish to the attorney for 
the State the 
same 
statement. 
The 
custodian shall use 
the 
statement furnished to determine the day-for-day deduction to 
which the person is entitled, if any, unless, within 15 days of 
its receipt, 
the attorney for 
the State furnishes 
a 
revised 
statement to the custodian.' 
Further amend the bill in Part A by striking out all of 
section 9 and inserting in its place the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to H.P. 1286, L.D. 1764 
'Sec. A-9. 34-A MRSA §3805, sub-§2, as amended by PL 1999, c. 
583, §3l and PL 2001, c. 354, §3, is further amended to read: 
2. 
Limitations. 
A person 
may 
not 
be 
detained at or 
committed to the facility wRe-i6-~~~~-~-~~-~~F&F-S~a}eet 
~e~--aRY--FesiQeRtial if that person is more 
appropriately 
a 
subject for intensive temporary out-of-home treatment services or 
for 
in-home 
treatment 
services 
provided 
by 
or 
through 
the 
Department of Behavioral and Developmental Services as agreed 
upon by the commissioner and the Commissioner of Behavioral and 
Developmental Services or their designees.' 
Further amend the bill in Part A by striking out all of 
section 11 and inserting in its place the following: 
'Sec. A-II. 34-A MRSA §4104, sub-§2, as amended by PL 1999, c. 
583, 
§42 and PL 2001, 
c. 354, 
§3 and c. 
439, Pt. 
G, 
§8, is 
further amended to read: 
2. 
Limitations. 
A person 
may 
not 
be 
detained at or 
committed to the 
Me~RtaiB--¥-iew--¥e~tR-~l:opmen-t--GeRte~-~-i6 
aliRe-~-~-~-a-p~epe~-~~~~~~-~-FesiQeRtia~ facility if 
that 
person 
is 
more 
appropriately 
a 
subject 
for 
intensive 
temporary out-of-home treatment services or for in-home treatment 
services provided by or through the Department of Behavioral and 
Developmental Services as agreed upon by the commissioner and the 
Commissioner of Behavioral and Developmental Services or their 
designees. ' 
Further amend the bill in Part A by inserting after section 
the following: 
'Sec. A-14. Report to Legislature. 
By 
March 
1, 
2005, 
the 
Department of Corrections shall report to the joint standing 
committee of the Legislature having jurisdiction over criminal 
justice matters regarding any impact on the corrections system 
due to detention and commitment changes in that section of this 
Part that enacts the Maine Revised Statutes, Title 15, section 
3101, subsection 4, paragraph E-2 and those sections of this Part 
that amend Title 15, section 3230-A, subsection 5, paragraph B; 
Title 34-A, section 3805, subsection 2; and Title 34-A, section 
4104, subsection 2. 
Upon hearing the department's report, the 
committee may report out a bill to the First Regular Session of 
the 122nd Legislature.' 
Further amend the bill by striking out all of Part B. 
Further amend the bill in Part C by inserting before section 
the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1286, L.D. 1764 
'Sec. C-l. 17-A MRSA §759 is enacted to read: 
§759. 
Violation of interstate compact for adult supervision 
1. 
A person is guilty of violating an interstate compact 
for 
adult offender 
supervision if that person, 
after being 
convicted and sentenced for a crime in a state that is a member 
of 
an interstate compact for adult offender supervision and 
subseguently released on probation or parole. resides in this 
State without complying with the reguirements of the interstate 
compact as enacted by the sentencing state. 
2. 
Violation of an interstate compact for adult offender 
supervision is a Class D crime.' 
Further amend the bill in Part C in section 6 by striking 
out all of that part designated "§9886." (page 10, lines 24 to 32 
in L.D.) and inserting in its place the following: 
'§9886. 
Violation of interstate compact for adult offender 
supervision 
Violation of the reguirements of an interstate compact for 
adult offender supervision as enacted by the sentencing state is 
a Class D crime as provided in Title 17-A. section 759.' 
Further amend the bill in Part C by inserting after section 
the following: 
, Sec. 
C-9. 
Appropriations and allocations. 
appropriations and allocations are made. 
LEGISLATURE 
Leqislature 
The 
following 
Initiative: 
Appropriates funds for the per diem and expenses of 
legislative members of the State Council for Juvenile and Adult 
Offender Supervision. 
General Fund 
Personal Services 
All Other 
General Fund Total 
2003-04 
$0 
o 
$0 
2004-05 
$440 
$840' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
or renumbering any 
number 
to 
read 
consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1286, L.D. 1764 
S~MAn 
This amendment does the following. 
1. 
It specifies that a bound-over juvenile be detained with 
adults once the juvenile attains 18 years and 6 months of age. 
2. 
It eliminates an extra court hearing and helps put a 
juvenile in an appropriate placement more quickly. 
3. 
It repeals language directing the attorney representing 
the State to provide a custodian with a statement showing the 
length of a person's detention. 
This provision was inadvertently 
left in law when the responsibility of providing a custodian with 
a statement of the length of a person's detention was transferred 
to sheriffs. 
4. 
It amends detention language to specify that a person 
may not be detained at or committed to a corrections facility if 
that 
person 
is 
more 
appropriately 
a 
subject 
for 
intensive 
temporary out-of-home treatment services or for in-home treatment 
services provided by or through the Department of Behavioral and 
Developmental Services as agreed upon by the Commissioner of 
Behavioral and Developmental Services and the Commissioner of 
Corrections. 
5. 
It removes from the bill all of Part B, which dealt with 
the reimbursement rate to providers for medical services provided 
to inmates outside correctional facilities. 
Provisions in Part B 
were enacted in Public Law 2003, chapter 513, Part E. 
6. 
It directs the Department of Corrections to report the 
impact of changes to the juvenile detention and commitment laws 
by 
March 
1, 
2005 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over criminal justice matters. 
Upon receiving the report, the committee may report out a bill. 
7. 
It moves the crime of violating an interstate compact 
for adult offender supervision to the Maine Revised Statutes, 
Title l7-A, 
while 
leaving 
a 
reference 
to the 
crime 
in the 
Interstate Compact for Adult Offender Supervision. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Approved: 02126/04 ;;::t?ac:.. 
Office of Fiscal and Program Review 
LD 1764 
An Act To Improve the Operations of the Department of Corrections 
and the Safety of State Correctional Facilities 
LR 2623(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
Projection 
2003-04 
2004-05 
2005-06 
2006-0 
$0 
$840 
$840 
$840 
$0 
$840 
$840 
$840 
This bill will require a General Fund appropriation to the Legislature in the amount of $840 annually, beginning in 
fiscal year 2004-05. This appropriation provides funds for the per diem and expenses of legislative members of the 
State Council for Juvenile and Adult Offender Supervision. All costs associated with the statutory changes impacting 
the Judicial Department and the Department of Corrections can be absorbed by the departments utilizing existing 
budgeted resources. 
LR2623(2) - Fiscal Note - Page 1 of 1