An Act To Improve the Management and Safety of State Correctional Facilities
Maine Legislature, Session 122, LD 1360
Committee: Criminal Justice and Public Safety
Sponsors: BLANCHETTE, CLUKEY, GERZOFSKY, GREELEY, PLUMMER
Amends: 15 MRSA §2162, 17-A MRSA §757-B, 17-A MRSA §760, 17-A MRSA §1256, 25 MRSA §1575, 28-A MRSA §208, 34-A MRSA §1216, 34-A MRSA §3032, 34-A MRSA §3038, 34-A MRSA §3069, 34-A MRSA §9887

Legislative Document 
No. 1360 
H.P.943 
House of Representatives, March 17, 2005 
An Act To Improve the Management and Safety of State 
Correctional Facilities 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BLANCHETTE of Bangor. 
Cosponsored by Senator CLUKEY of Aroostook and 
7Y/~ 
1?7.1l/I1C~ 
MILLICENT M. MacFARLAND 
Clerk 
Representati ves: CHURCHILL of Washburn, GERZOFSKY of Brunswick, GREELEY of 
Levant, PLUMMER of Windham. 
Printed on recyc ltd paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §2162. as amended by PL 1975, c. 771, §160, 
is further &nended to read: 
Ii 
S21fi2. CODmutation to jail 
f\ 
When 
a 
person is sentenced 
t9---GG-a~i-aeme-R-t;.-..,i-n---t.-be--Stat;e 
P"i,s9R 
and 
commi~t..~~~JJ!LSlJ.SJ;Qdy of 
the 
Department 
of 
I 'I 
~~c_tiJ;t~~, the Governor may,. if he-seems tb..e._~ 
.. nlP.I __ c...Q~s,i_Q.eJ;:s 
it consistent with the public interest and the welfare of the 
I •. ~ 
e9Ryi,et; 
pXj,.S.QJ1!U., 
commute 
sai,s 
.t~prisQner 
Ii 
sentence 
to 
imprisonment in any county jail, there to be supported at the 
I ,* 
charge of the State at an expense not exceeding the price paid 
for the support of other prisoners in said that county jail. 
I f"j 
Sec. 2. 17-A MRSA §757-B is enacted to read: 
In 
§I.57-B. 
Traffj.c~inq_QL~lcohQlic.lHtyerilqHJn adul.~Qrrectio~jlJ. 
. I) 
facilities 
~2 
1. 
A person is guilty of 
traff~king of 
an 
alcoholic 
'H 
H) 
beverage in an adult cQrrectiQnal facility if: 
h. 
ThaL,perS.QJL j:ntentiQQ.alJ,-.¥-CQ.:n\TeY~Q..L..§..t.tempts to COIlye,y 
an alcQhQlic beverage to 
a 
person confined in an adult 
cQrrectional facility; or 
B. 
That 
P~Q~.s cQnf..i.n...e.il---.iu 
an 
adult 
cOU: . .e.cJ;j,onal 
.t~ 
i ty 
andt.n~._P.!H:.!i9.~n 
tg.~nl.l.t~i,""o,-"n .... 
a"-,l",,l"-,;yt:-----,-mllia~k~e!i1..2.s.L' _!>l.o!>!b~t&a",i,"",n ... s,------,o,--,,-r 
PQssesses an alcoholic beverag~ 
2. 
As 
~.!i~....r;LJ,.n_t;.lli..s ___ s_e.~tJQJl~91J..1L.cQLr~tis;rn~1 [ac,ili ty..:.' 
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means 
a 
COJ,lU_ty 
jai1_Q._r_c~...t..LQJ}.al facility other 
than 
a 
juvenile 
facility 
under 
the 
control 
of 
the 
Department 
of 
\ Ii 
CorrectiQns. 
\:\ 
.3... 
TraffickiQ9.-Q.'------.g1L-QlJ;~Qh.Qlic 
beverage 
in 
an 
adult 
cQrrectional facility is a Class E crime. 
If) 
Sec.3. 17-A MRSA §760 is enacted to read: 
,J 
,~ 
§'lJiO.L--lailloJ.x:e to. rePQrt s-';l~u..aLcQ.Ilt~c~itb or sez;ual assaul..L.Qf 
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person in cust<K1,y 
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1. 
A 
m_e.!!!~~.I-..9..Lthe~il..!f of a hospitaL pdsou--.ru:_Q.tb,!;!r 
in.s.ti..tutiQn wh.Q __ JwQwS 
tb.at.-'p_per~..e..t.Qined in that in§.ti_tJ.l.ti.Q.n. 
III 
i~the vic..t.~~g_ 
. .c.Lirne-----.l.!.DQ.JlL-S_e.cti&.~3 , 
subSe....c~on 
2.,. 
pgragraph E or se~~iQn 255-A, 
subse~ion 1, paragraph I or J but 
0,1) 
dQes nQt report that crime to an apprQpriate criminal justice 
Page l-LR0366(1) 
• 
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.agency is gu.ilty of 
!..9..i_lJ,u;..e_t~:t:.eport unlaU..Jl,l sexual 
con~ 
with or gross sexual as~lt of a person in custody. 
~_~il.J.U.~~ePQxLJmlaJ~:fM 
.. L~~Y.aLcontact with or gross 
sexual assault of a person in custody is a Class E crime. 
Sec. 4. 17-A MRSA §1256, sub-§l, as amended by PL 1999, c. 
II 
458, §l, is further amended to read: 
I') 
1. 
Other provisions of this section notwithstanding, when a 
person 
subject 
to 
an 
undischarged 
term 
of 
imprisonment 
is 
I! 
convicted of a violation of section 752-A, 755 
9~L 757, 757-A or 
757-B or of any other crime against the person of a member of the 
staff of 
the institution in which the convicted person was 
imprisoned 9~; of a violation of section 806 involving government 
Ilj 
property in the institution in which the convicted person was 
imprisoned or any other crime against government property in the 
In 
institution in which the convicted person was imprisoned: or of a 
y~t..i.Q~~~tiQ.~Q~iA'LQlyj,1J.g bodily injury to 
an~ll.e.I. 
'1) 
p.erson 
imp~.e!Ljn the inst.itution in which 
the 
cOnyj,.c...tftQ 
~erson was imprisoned or any other crime involving bodily injury 
,:,~ 
to another penon impris..Qned in the institution in whkh the 
convicted person was 
impriso~, or of an attempt to commit any 
,'[ 
of the crimes mentioned in this subsection, the sentence is not 
concurrent with the 
undischarged 
terms 
of 
imprisonment. 
The 
", 
court may order that the undischarged terms of imprisonment be 
tolled 
and 
service 
of 
the 
nonconcurrent 
sentence 
commence 
'I 
immediately and the court shall so order if any undischarged term 
of 
imprisonment 
is 
a 
split 
sentence. 
No 
portion 
of 
the 
: r) 
nonconcurrent sentence may be suspended. 
All sentences that the 
convicted person receives as a result of the crimes mentioned in 
this subsection must be nonconcurrent with all other sentences. 
: ~ 
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,1) 
Sec. 5. 25 MRSA §1575. sub-§2-A. as enacted by PL 
2003, c. 
393, §4, is amended to read: 
2-A. 
Person 
to 
collect 
biological 
sample. 
A 
person 
descr ibed in subsection 2, a corrections officer or other staff 
me..mbe.r of a 
CQun.~il or De.pM....t.ment of Corrections faciIi ty, a 
probation officer or a juvenile community corrections officer may 
collect a biological sample that is not a blood sample. 
Sec. 6. 28-A MRSA §208J. as enacted by PL 1987, c. 45, Pt. A, 
§4, is repealed. 
Sec. 7. 34-A MRSA §1216. sub-§6. as enacted by PL 2003, c. 
205, §lO, is amended to read: 
6. 
Assessment tools. 
Documents in the 
department used to screen or assess clients, 
possession of the 
including, but not 
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II) 
I /l 
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IU 
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limited to, questionnaires and test materials, 
aFe--no-t--j,HiBJ,,i,e 
FeeeFas-~~-~~-e'-~i~J€-~~--eha~~~-1~7-~~--~~--~He 
must 
be 
kept confidential, 
except that the 
department shall 
release these documents on request to any other state agency if 
necessary to carry out the statutory functions of that agency and 
to 
any 
committee 
or 
study 
commission 
established 
by 
the 
Legislature with authority to examine issues related to lReREaJ: 
Hea.EH criminal justice. 
Sec. 8. 34-A MRSA §3032. sub-§5. tA. as amended by PL 1999, c. 
583, §lO, is further amended to read: 
A. 
Punishment 
at 
all 
correctional 
facilities, 
except 
juvenile correctional facilities, may consist of warnings. 
loss of privileges, restitution, fin~ labor at any lawful 
work, confinement to a cell, segregation or a combination of 
these. 
Sec. 9. 34-A MRSA §3032. sub-§5-B is enacted to read: 
B. 
Fines. 
The imposition of fines at adult correctional 
facilities is subject to the following conditions. 
A. 
When a fine is imposed at a facility. a prisoner who is 
subject to that fine and wbo is able to generate money sball 
pay 25" of that money to the facility where the fine was 
~ffiPQ£ed. 
~~(g~ilitY-~h~_l collect that money and apply it 
to defray the cost of holding disciplinary hearings. 
B. 
A prisoner 
who 
is 
~ferred to 
another 
faci~it~ 
remains liable for any fine authorized under this chapter. 
The facility receiving 
tillL.p~ner shall collect the 
fin~ 
and transfer it to the facility where the fine was imposed. 
c. 
A prisoner who is discharged from a facility remains 
liable for any' 
fin~1Jt..bJ~.;L~<LY...nder this chapter. 
If the 
prisoner is returned to the custody of the department. any 
.tJ:!.cility in which the prisoner resides shall collect the 
fine and ensure that it is used to defray costs as set out 
in this chapter. 
D. 
A fine is not authorized if its imposition would create 
an 
excessive 
financial 
hardship, 
as 
determined 
by 
the 
department. on the dependents of the prisoner. 
Any payment§. 
ID9~ELi.Q.r-.t.be........sypp_QJ;:.L.Q.L..t..h~~p.eJlSl.ELI}t.L-tha.t are r ew...i.t:.eSl_PY 
the Department of Health and Hwnan Services may not be used 
for fine payments. 
Sec. 10. 34-A MRSA §3032. sub-§6. as amended by PL 1991, c. 
314, §39, is further amended to read: 
• 
6. 
Impartial hearing. If the punishment may affect the term 
of commitment, 
sentence or parole eligibility or may involve 
/; 
restitution, fines, labor at any lawful work or segregation, the 
chief 
administrative 
officer 
of 
the 
facility 
shall, 
before 
H 
imposing punishment, provide an impartial hearing at which the 
client has the following rights. 
I') 
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I l 
Iii 
III 
/ () 
'+ 
il 
II) 
I: 
I • 
A. 
The client is entitled to be informed in writing of the 
specific nature of the alleged misconduct. 
B. 
The client is entitled to the right to be present at the 
hearing, 
except 
that 
the 
client 
may 
be 
prevented 
from 
attending or be removed if the client's behavior indicates 
that the client is in danger of self-injury or a danger to 
other persons or property. 
C. 
The client is entitled to present evidence 
on 
the 
client's behalf. 
D. 
The client is entitled to call one or more witnesses, 
which right may not be unreasonably withheld or restricted. 
E. 
The client is entitled to question any 
testifies 
at 
the 
hearing, 
which 
right 
unreasonably withheld or restricted. 
witness 
may 
not 
who 
be 
F. 
The client is entitled to be represented by counsel 
substitute as prescribed in the rules. 
G. 
A 
record 
must 
be 
maintained 
of 
all 
disciplinary 
complaints, hearings, proceedings and dispositions. 
H. 
The client is entitled to appeal the final disposition, 
before imposition of punishment, to the chief administrative 
officer of the facility. 
I. 
If, at any stage of the proceedings, 
the client is 
cleared of the charges in a complaint, or the complaint is 
withdrawn, all documentation relating to the complaint must 
be expunged. 
Sec. 11. 34-A MRSA §~~036-A. sub-§2. 'C. as amended by PL 2003, 
J/; 
c. 711, Pt. A, §21 and affected by Pt. D, §2, is further amended 
to read: 
III 
not 
be 
transferred 
to 
supervised 
community 
confinement 
unless the prisoner has 
no 
more 
than ene--yeaF 
~ears 
remaining on the term of imprisonment or, in the case of a 
split 
sentence, 
on 
the 
unsuspended 
portion, 
after 
consideration 
of 
any 
deductions 
that 
the 
prisoner 
has 
I, 
received and retained under Title 17-A, section 1253. 
II 
Sec. 12. 34-A MRSA §.'036-A. sub-§2. ,C-l. as enacted by PL 
2003, c. 711, Pt. A, §22 and affected by Pt. D, §2, is repealed. 
I() 
Sec. 13. 34-A MRSA §3038. as amended by PL 1991, c. 314, §43, 
I~ 
is repealed. 
Sec. 14. 34-A MRSA ~3039. sub-H. as amended by PL 1991, c. 
I 'i 
I !l 
,'1) 
11; 
314, §45, is further amended to read: 
1. 
Accounts. The 
eRief-~~i~~~-~-e~~ieeF ~~~9iODer 
shall 
pl'eRl1:l;!,~a\;e ~ 
rules for use of the clients' account. 
These rules must include a provision allowing a client to remove 
that client's money from the clients' account and place it in any 
type of investment outside the facility chosen by the client. The 
chief administrative officer shall keep a record of all money in 
the clients' account and is responsible for safekeeping of the 
money while the client is in the custody of the department and 
for t.he delivery of that money to the client upon the client's 
discharge. 
'q 
Sec. 15. 34-A MRSA §3069. sub-§l. as 
amended by PL 2003, c. 
ill 
482, Pt. B, §1, is further amended to read: 
1. 
Involuntary. When an-inmate _~risoner of a correctional 
el'-4e~en\;ien facility has been determined by a competent medical 
authority to require inpatient treatment for mental illness, the 
i + 
chief 
administrCltive 
officer 
of 
that 
facility 
shall 
make 
application in accordance with Title 34-B, section 3863. 
:1, 
1'1 
I . ~ 
,j n 
A. 
Any 
person with respect to whom 
an application and 
certification under Title 34-B, section 3863 are made may be 
admitted to either state mental health institute. 
B. 
Except 
as 
otherwise 
specifically 
provided 
in 
this 
section, Title 34-B, 
chapter 3, 
subchapter IV 1, Article 
lIlT .3. is applicable to the person as if the admission of 
the person were applied for under Title 34-B, section 3863. 
C. 
A copy of the document by which the person is held in 
the facility must accompany the application for admission. 
D. 
If the sentence being served at the time of admission 
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has not expi red or commi tment has not been terminated in 
accordance with law at the time the person is ready for 
discharge from hospitalization, the person must be returned 
by the appropriate officers of the correctional e~-QeteAtieA 
faciIi ty. 
E. 
Admission to a hospital under this section has no effect 
upon a sentence then being served or a commitment then in 
effect. 
The sentence continues to run and the commitment 
remains in force, unless terminated in accordance with law. 
Sec. 16. 34-A MRSA §9887 is enacted to read: 
T1J~e.,Q.2I-.tJ.!I~D..t __ 
I1la-y-----.i!llQo~e 
on 
a 
p~on acceQted 
for 
supervision under this 
CO!l!Qg~t a sUQeryision fee of between $10 
gnd $50 Qer 
mQ.nt~~Q.!:!t~LI1l!n~Q by then<1eQ.i;tr_tm.ent. for 
t...~t..e...m 
Q~peryision bL-tJl~ __ de..11.M-.tJl!e.n..t. 
In determining the amount of 
.tb~eEL the 
gep_&.r.t!Ite_n~4.21L.......t.ak~in_to account the finannal. 
Ie sources of the person and the nature of the burden the payment 
l1nQoses. 
A requ.e...s...t.-.LQ1."_~fer of sU.Q...eJ:.vision may not be denie...d 
.§..QJ.....ely because ~~n 
is not able to Qay the fee. 
When a 
p.e.x...son 
fa-ils 
to 
Qa.Y_tb~JJRex.Y..i..s...iQ..n fee, 
the..... depar.t...JIl..e_n....L.........may 
I~qJJe~the person' ~ret~rn 
__ t_o ___ t_he_!i.el~_din..g~t...e 
unles_~_t_he 
19i1~e to 
Qay 
was 
not 
a.ttributabl~ to 
the Qerson's willful 
refusal to payor to a failure on the Qerson' s part to make a 
good faith effort to obtain the funds required for the Qayment . 
SUMMARY 
This bill proposes several 
changes to 
improve staff and 
prisoner safety at correctional facilities. 
The bill authorizes 
consecutive sentences for certain crimes committed within a state 
correctional facility: 
trafficking in alcohol 
and tobacco 
and 
assault against other prisoners. 
The bill requires correctional 
staff to report sexual misconduct by other staff with a prisoner 
or resident. 
Failure to do so is a Class E crime. 
The bi 11 
amends the DNA collection statute to expand who is authorized to 
collect DNA samples to any Department of Corrections or county 
jail staffs who are trained to do so. 
The bill also 
amends 
current 
law to 
change archaic and 
inappropriate references. 
The bill eliminates a provision referring to special nursing 
rules as there are no such rules. 
The 
bill 
increases 
the 
eligibility 
of 
prisoners 
supervised community confinement by allowing a transfer to 
program 
when 
a 
prisoner 
has 
years 
remaining 
on 
incarceration portion of the sentence. instead of one year. 
for 
the 
the 
I, 
The bill also creates a supervision fee payment provision 
for probationers and parolees transferred to Maine 
from other 
!t 
states that is analogous to the supervision fee payment provision 
for probationers placed under the supervision of the department 
l' I 
by Maine courts. 
I 
~ 
The bill allows the imposition of a fine as a punishment for 
a prisoner committing a disciplinary offense. 
I ·1 
The bill requires the Commissioner of Corrections. instead 
Iii 
of each facility's chief administrative officer. to adopt rules 
for the prisoners' account. 
III 
Finally. 
the bill ensures 
that prisoners will not 
have 
'() 
access to. and thus the ability to manipulate. documents used to 
screen or assess prisoners. 
, , 
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