An Act To Improve the Ability of the Department of Corrections To Share Information Related to Clients in Order To Improve Treatment and Rehabilitative Services
Maine Legislature, Session 122, LD 1861
Committee: Criminal Justice and Public Safety
Sponsors: GROSE, MILLER, WEBSTER
Amends: 15 MRSA §3301, 34-A MRSA §1216

Legislative Document 
No. 1861 
H.P. 1301 
House of Representatives, January 3,2006 
An Act To Improve the Ability of the Department of Corrections To 
Share Information Related to Clients in Order To Improve 
Treatment and Rehabilitative Services 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 28,2005. Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 40l. 
Presented by Representative GROSE of Woolwich. 
!7J~ 
1h.1lldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: MILLER of Somerville, WEBSTER of Freeport. 
Printed on feJ.:ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §3301, sub-§6-A, as amended by PL 1999, c. 
260, Pt. A, §8, is further amended to read: 
6-A. 
Records confidential. 
Except as otherwise provided in 
this Title, 
information contained in records pertaining to a 
juvenile against whom a juvenile petition has not been filed is 
confidential unless the juvenile, 
and the juvenile's parents, 
guardian or legal custodian if the juvenile is not emancipated, 
has given informed written consent to the disclosure of the 
records. 
This subsection does not preclude the release of the identity of 
a juvenile on conditional release pursuant to section 3203-A or 
on informal adjustment pursuant to this section to a criminal 
justice 
agency 
for 
the 
administration 
of 
juvenile 
criminal 
justice or to the Department of Health and Human Services if 
necessary to carry out the statutory functions of that agency. 
Sec. 2. 34-A MRS A §1216. sub-§l. ~E. as enacted by PL 2003, c. 
205, §10, is amended to read: 
E. 
To persons engaged in research if: 
( 1) 
The 
research plan is first 
submitted 
to 
and 
approved by the commissioner; 
(2) 
The disclosure is approved by the commissioner; and 
(3) 
Neither original records nor identifying data are 
removed from the facility or office that prepared the 
records. 
The 
commissioner and the person doing the research shall 
preserve the anonymity of the person receiving services [rom 
the department and may not disseminate data that refer to 
that person by name or number or in any other way that might 
lead to the person's identification; 9F 
Sec. 3. 34-A MRSA §1216, sub-§I, 1fF. as enacted by PL 2003, c. 
205, §10, is amended to read: 
F. 
To 
persons who 
directly supervise or report on the 
health, 
behavior 
or 
progress 
of 
a 
juvenile, 
to 
the 
superintendent 
of 
a 
juvenile's 
school 
and 
the 
superintendent's designees and to agencies that are or might 
become responsible for the health or welfare of a juvenile 
if the information is relevant to and disseminated for the 
purpose of creating or maintaining an individualized plan 
for the juvenile's rehabilitation, including reintegration 
into the schoolT~ 
Page l-LR30l3(1) 
Sec. 4. 34·A MRSA §1216, sub.§l"G is enacted to read: 
gu. 
To any s~~ency eI}9aged in statistical analysis {or 
the purpose of improving the delivery of services to persons 
who are or might become mutual clients if: 
lJJ __ Th~_p_;LQ,p_f oL-.the_s_tj~_t.ti_UcQ.~_nalys i s 
i s 
fir s t 
submitted to and approved by the commissioner; and 
(2) 
The disclosure is approved by the commissioner. 
:rh_e~_mJ!!_i§_~i.QJler 
and 
the 
state 
agency 
reguesting 
the 
information shall preserve 
the 
anonymity of 
the persons 
receiving 
services 
from 
the 
department 
and 
may 
not 
disseminate data that refer to any person by name or number 
or 
that 
in 
any 
other 
way 
might 
lead 
to 
a 
person's 
identi£ ication. 
SUMMARY 
This bill will allow the Department of Corrections to share 
information regarding clients in order to improve the overall 
delivery of services to clients and to assist in the placement of 
preadjudicated juveniles as an alternative to detention.