An Act To Amend the Laws Pertaining to the Department of Corrections
Maine Legislature, Session 122, LD 1886
Committee: Criminal Justice and Public Safety
Sponsors: BLANCHETTE, MAYO, GROSE
Amends: 15 MRSA §3203-A, 15 MRSA §3402, 17-A MRSA §1175, 17-A MRSA §1204, 17-A MRSA §1258, 25 MRSA §2001-A, 25 MRSA §2002, 34-A MRSA §1206, 34-A MRSA §3002, 34-A MRSA §4103, 34-A MRSA §4106, 34-A MRSA §4108, 34-A MRSA §4114, 34-A MRSA §5402, 34-A MRSA §5404

Legislative Document 
No. 1886 
H.P.1326 
House of Representatives, January 3,2006 
An Act To Amend the Laws Pertaining to the Department of 
Corrections 
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 BLANCHETTE of Bangor. 
Cosponsored by Senator MAYO of Sagadahoc and 
Representative: GROSE of Woolwich. 
Pruned on recycleu paper 
'!r/~ /J7.11l~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §3203-A, sub-§11, as enacted by PL 2003, c. 
180, §6, is amended to read: 
11. 
Review of order. 
Upon petition by a juvenile community 
corrections officer eFL 
an attorney for the State or a juvenile 
and after notice and ~ 
a showing of changed circumstances or 
ypon 
the 
discovery of 
new 
and 
significant 
information, 
the 
Juvenile Court may review an order for detention, conditional 
release or unconditional release and may enter a new order in 
accordance with this section. 
Sec. 2. 15 MRSA §3402, sub-§l, ,D, as amended by PL 1989, c. 
502, Pt. A, §45, is further amended to read: 
D. 
A detention order Slntered pursuant to section 3203-A, 
subsection 5 or any refusal to alter aR a detention order 
~eF--eAaR~es--e~Fe~ffi6~aRee6--eR~eFes upon 
petition of 
the 
juvenile pursuant to section 3203-A, subsection --9-
11, for 
abuse of discretion, provided that the appeal sAall must be 
handled expeditiously. 
Sec. 3. 17-A MRSA §1175, first" 
as amended by PL 
2003, c. 
186, §l, is further amended to read: 
Upon complying with subsection 1, a victim of a crime of 
murder or stalking or of a Class A, Class B or Class C ~rime for 
which the defendant is committed to the Department of Corrections 
or to a county jail, or is placed in institutional confinement 
under 
Title 
15, 
section 
after 
having 
been 
found 
not 
criminally responsible by reason of mental disease or defect, or 
is placed in institutional confinement under Title 15, section 
101-B after having been found incompetent to stand trial, must 
receive 
notice 
of 
the 
defendant's 
unconditional 
release 
and 
discharge from institutional confinement upon the expiration of 
the sentence or upon discharge under Title 15, section 104-A and 
must receive notice of any conditional release of the defendant 
from institutional confinement, 
including probation, supervised 
release 
for 
sex 
offenders~ parole, 
furlough, 
work 
release, 
intensive 
supervision, 
supervised 
community 
confinement, 
home 
release monitoring or similar program or release under Title 15, 
section 104-A. 
Sec. 4. 17-A MRSA §1175, sub-§3, ,B, as enacted by PL 1995, c. 
680, §5, is amended to read: 
B. 
The nature of the release authorized, whether it is a 
conditional release, including probation, supervised release 
for sex offenders, parole, furlough, work release, intensive 
Page l-LR30l4(1) 
superv~s~on, supervised community confinement, home release 
monitoring or a similar program or release under Title 15, 
section 104-A, 
or an unconditional release and discharge 
upon the expiration of a sentence or upon discharge under 
Title 15, section 104-A; 
Sec. 5. 17-A MRSA §1204, sub-§l-C, as amended by PL 2001, c. 
439, Pt. 000, §3, is further amended to read: 
I-C. 
The court shall attach as a condition of probation 
that the 
e9Il.viet;es-~-9ffeIl.SeF 10-year registrant, as defined 
under Title 34-A, section 11203, subsection 5, or the eesviet;es 
seHQally--¥-i-{)-I..e.nt.--]?Fesat;9F lifetime registrant, as defined under 
Ti tIe 
34-A, 
section 
11203, 
subsection 
8, 
satisfy 
all 
responsibilities set forth in Title 34-A, chapter 15, the Sex 
Offender Registration and Notification Act of 1999. 
Sec. 6. 17-A MRSA §1258. as amended by PL 2001, c. 458, §1, 
is further amended to read: 
§1258. 
Notification of commitments to the Department of 
Corrections 
At the time of sentencing, 
the sheriff shall notify the 
Commissioner of Corrections or the commissioner's designee that a 
person has been committed to the Department of Corrections and 
shall 
inquire 
as 
to the 
correctional facility to which 
the 
sentenced 
person 
must 
be 
delivered 
by 
the 
sheriff 
or 
the 
sheriff's 
deputies. 
The 
commissioner 
or 
the 
commissioner's 
designee has complete discretion to determine the initial place 
of confinement. 
In making this determination, the commissioner 
or 
the 
commissioner' s 
designee 
shall 
review 
all 
relevant 
information, including any available mental health information. 
The commissioner or the commissioner's designee shall immediately 
inform 
the 
sheriff 
ass--t;ae--e9QFt; 
of 
the 
location 
of 
the 
correctional facility to 
which 
the 
sentenced person must 
be 
transported. 
Sec. 7. 25 MRSA §2001-A, sub-§2, ,D, as enacted by PL 2003, c. 
452, Pt. N, §2 and affected by Pt. X, §2, is amended to read: 
D. 
Law enforcement officers assL 
corrections officers and 
corrections supervisors as permitted in writing by their 
employer; 
Sec. 8. 25 MRSA §2002, sub-§l-B is enacted to read: 
I-B. 
CorrectiQ~~~PexY~9,~r~.~ __ 
"~C~ourwr~e~c~t~i~o~nL-£s~u~p~eur~v~~~'~s~o~r_" __ ~h~a~s 
the 
same 
meaning 
as 
set 
forth 
in Title 
l7-A, 
section 
2, 
subsection 5-B. 
Sec. 9. 34-A MRSA §1206, sub-§3, as enacted by PL 1983, c. 
459, §6, is repealed. 
Sec. 10. 34-A MRSA §3002, sub-§4, as enacted by PL 2005, c. 
216, §1, is amended to read: 
4. 
Volunteer activities. 
Volunteer activities of a member 
of 
a 
board 
of 
visitors 
may 
be 
~FeSeFiBeQ 
RI9~~ by 
departmental policies regarding volunteer activities generally. 
Sec. 11. 34-A MRSA §4103, as enacted by PL 1991, c. 400 and 
amended by PL 2001, c. 439, Pt. G, §8, is further amended to read: 
§4l03. 
Superintendent 
1. 
Chief administrative officer. 
The chief administrative 
officer of the Mountain View Youth Development Center is called 
the 
QiFee~eF 
superintendent 
and 
is 
responsible 
to 
the 
commissioner. 
2. 
Duties. 
In addition to other duties set out in this 
Title, the QiFee~eF superintendent has the following duties. 
h. 
The 
QiFee~eF superintendent shall exercise supervision 
over the employees, grounds, buildings and equipment at the 
Mountain View Youth Development Center. 
B. 
The 
eiFee~eF superintendent 
the 
juvenile 
detainees 
at 
Development Center in accordance 
shall supervise 
the 
Mountain 
with department 
and control 
View 
Youth 
rules. 
3. 
Povers. 
In addition to the powers granted in this 
Title, 
the 
eiFee~eF superintendent 
may 
appoint 
one assistant 
eif'ee~ef' superintendent, subject to the Civil Service Law. 
The 
assistant 
QiFeeteF 
superintendent 
has 
the 
powers, 
duties, 
obligations and liabilities of the 
eiFee~EH superintendent when 
the 
QiFee~eF superintendent is absent or unable to perform the 
QiFee~eF~s superintendent's duties. 
Sec. 12. 34-A MRSA §4106, as enacted by PL 1991, c. 400 and 
amended by PL 2001, c. 439, Pt. G, §8, is further amended to read: 
§4106. 
Povers of employees 
Employees of the Mountain View Youth Development Center have 
the same power as sheriffs in their respective counties to search 
for and apprehend escapees from the facility, when authorized to 
do so by the QiFee~eF superintendent. 
• 
Sec. 13. 34-A MRSA §4108, sub-§2, ,A, as enacted by PL 1991, 
c. 400 is amended to read: 
A.. 
Placement under observation must first be approved by 
the ai~ee~e~ superintendent. 
Sec. 14. 34-A MRSA §4108, sub-§2, ,n, as enacted by PL 1991, 
c. 400 is amended to read: 
D. 
When placement under observation exceeds 12 hours, the 
~H~eeEe~ superintendent shall direct the facility physician 
or 
a 
member of the facility medical staff to visit the 
juvenile immediately and at least once in each succeeding 
24-hour period the juvenile remains under observation to 
examine the juvenile's state of health. 
(1) 
The 
ai~ee~e~ 
su-perintendent 
shall 
gi ve 
full 
consideration to recommendations of the physician or 
medical staff member concerning the juvenile's dietary 
needs and the conditions of the juvenile's confinement 
required to maintain the juvenile's health. 
If the 
recommendations 
of 
the 
physician 
or 
medical 
staff 
member are not carried out, the ai~ee~e~ superintendent 
shall immediately convey the reasons and circumstances 
for this decision to the commissioner for review and 
final disposition. 
(2) 
Placement under observation must be discontinued 
if the 
ai~eeEe~ superintendent, on the advice of the 
physician, determines that placement under observation 
is harmful to the mental or physical health of the 
juvenile, except that placement under observation may 
be continued if the behavior of the juvenile presents a 
high 
likelihood 
of 
imminent 
physical 
harm 
to 
that 
juvenile or others and there is no less restrictive 
setting in which that juvenile's safety or that of 
others can be ensured. 
If placement under observation 
is continued, the physician or a member of the medical 
staff shall visit the juvenile at least once every 12 
hours. 
Sec. 15. 34-A MRSA §4108. sub-§2, ,E, as enacted by PL 1991, 
c. 400 is amended to read: 
E. 
When pI acement under observ3.tion exceeds 24 hours, the 
ai~eeEe~ superintendent shall direct appropriate facility 
staff 
to 
develop 
a 
plan 
for 
the 
further 
care 
of 
the 
juvenile. 
The plan must be revised as needed to meet the 
changing needs of the juvenile. 
Sec. 16. 34-A MRSA §4108, sub-§2, ~G, as enacted by PL 1991, 
c. 400 is amended to read: 
G. 
If the recommendations of the physician or medical staff 
member 
regarding 
the 
juvenile's dietary or 
other health 
needs 
while 
under 
observation are 
not 
carried out, 
the 
e1i!'eete!' .s..\l..J;>.erintendent shall send a written justification 
to the commissioner. 
Sec. 17. 34-A MRSA §4114, as enacted by PL 1999, c. 583, §45 
and amended by PL 2001, c. 439, Pt. G, §8, is further amended to 
read: 
§4114. 
Discharge 
I. 
Duty. 
The 
e1i!'eete!' 
superintendent 
shall 
cause 
a 
juvenile client to be discharged from the Mountain View Youth 
Development Center when the client becomes 
years of age or 
otherwise reaches the end of the period of the Juvenile Court's 
commitment. 
2. 
Power. 
The e1i!'eeteF ~~perintendent may cause a juvenile 
client to be discharged from the Mountain View Youth Development 
Center when the e1i!'eete!' superintendent determines that discharge 
is in the best interest of the client or that the client has 
benefited optimally 
from 
the 
services 
and 
facilities 
of 
the 
Mountain View Youth Development Center. 
Sec. 18. 34-A MRS A §5402. sub-§2, ~A. as amended by PL 1995, 
c. 502, Pt. F, §34, is further amended to read: 
A. 
P!'em\'\±Ejate Adopt and enforce rules for field probation 
and 
parole 
officers, 
juvenile 
easewe!'l!:eFs 
communitJ' 
corrections 
officers, 
parole 
officers 
in 
correctional 
facilities and Intensive Supervision Program officers; 
Sec. 19. 34-A MRSA §5402. sub-§2. ~B. as amended by PL 1995, 
c. 502, Pt. F, §34, is further amended to read: 
B. 
Appoint, 
subject to the Civil Service 
Law, 
regional 
correctional 
administrators, 
field 
probation 
and 
parole 
officers, 
juvenile 
easewe!'l!:e!'s 
community 
corrections 
officers, Intensive Supervision Program officers and such 
other employees as may be required to carry out adequate 
supervision 
of 
all 
probationers, 
parolees 
from 
the 
correctional facilities, 
persons 
on 
intensive supervision 
and 
other 
persons 
placed 
under 
the 
supervision 
of 
an 
employee listed in this paragraph; 
• 
Sec. 20. 34-A MRS A §5402, sub·§2, 1JK, as amended by PL 1989, 
c. 417, §1, is further amended to read: 
K. 
Provide instruction and training courses for probation 
and 
parole 
officers, 
for 
Intensive 
Supervision 
Program 
officers and for juvenile easeweli'keli's community corrections 
officers; 
Sec. 21. 34-A MRSA §5404, sub·§l, as amended by PL 1989, c. 
127, §14, is further amended to read: 
1. 
Investigation. Investigate any criminal case or matter 
concerning 
probation, 
supervised 
release 
for 
sex 
offenders. 
parole or 
intensive supervision referred to the officer for 
investigation and report the result of the investigation; 
Sec. 22. 34-A MRSA §5404. sub·§2. 1JA, as amended by PL 1995, 
c. 502, Pt. F, §37, is further amended to read: 
A. 
Arrest al'la--£et.HHl. violators of probation or supervised 
release for sex offenders and parole violators and return 
parole violators upon request of the commissioner; 
Sec. 23. 34-A MRS A §5404, sub·§2, 1JC, as amended by PL 2005, 
c. 389, §5, is further amended to read: 
C. 
I f 
the officer has probable cause to believe that a 
person under the supervision of the department has violated 
a 
condition 
of 
that 
person's 
probation 
eFt 
supervised 
release for sex offenders, parole or intensive supervision, 
the officer may arrest that person; 
Sec. 24. 34-A MRSA §5404, sub·§3, 1JA, as amended by PL 2005, 
c. 265, §22, is further amended to read: 
3b 
A. 
Supervise the probation, 
~ervised release 
for 
sex 
offenders, parole or intensive supervision of each person 
placed 
under 
the 
officer's 
supervision 
to 
ensure 
that 
departmental 
resources are directed to the management of 
persons with a high risk of reoffending; 
SUMMARY 
This bill makes the following changes to the laws governing 
the Department of Corrections. 
1. 
It clarifies 
the 
appeals 
process 
with 
respect 
to 
detention orders. 
2. 
It adds 
a 
requirement that, 
upon 
the 
request of 
a 
victim, the victim be notified when a prisoner is released to 
supervised release for sex offenders, a sentencing alternative in 
the Maine Revised Statutes, Title 17-A, section 1231 enacted by 
Public Law 1999, chapter 788, section 7. 
3. 
It changes terminology to reflect the terminology used 
in the Sex Offender-
Registration and Notification Act of 1999, 
Title 34-A, chapter 15. 
4. 
It 
Corrections 
of a person 
eliminates the requirement that the Commissioner of 
notify the court of the initial place of confinement 
committed to the Department of Corrections. 
5. 
It adds correctional supervisors to those who may carry 
a concealed firearm with the permission of their employer. 
of 
6. It repeals the provision that requires the Commissioner 
Corrections 
to 
promulgate 
rules 
[or 
community 
services 
agreements. 
7. 
It corrects an error in terminology ln the provision 
governing boards of visitors. 
8. 
It changes the title of the chief administrative officer 
of the Mountain View Youth Development Center from director to 
superintendent to make it identical to the title for the chief 
administrative officer of the Long Creek Youth Development Center. 
9. 
It substitutes the term "juvenile community corrections 
officers" for "juvenile caseworkers" in several provisions. 
10. 
It adds 
references 
to 
"supervised release 
for 
sex 
offenders."