An Act To Improve the Management and Safety of State Correctional Facilities
Maine Legislature, Session 122, LD 1360
Committee Amendment CA_A_H597 (House)
Amends: 17-A MRSA §1256, 34-A MRSA §3032

COMMITTEE AMENDMENT .. A" to H.P. 943, L.D. 1360, Bill, "An 
Act To Improve the Management and Safety of State Correctional 
Facilities" 
Amend the bill by striking out all of sections 3 and 4 and 
inserting in their place the following: 
'Sec.3. 17-A MRS A §760 is enacted to read: 
§760. 
Failure to report sexual assault of person in custody 
1. 
A member of the staff of a hospital r 
prison or other 
institution who knows that a person detained in that institution 
is the victim of a crime of sexual assault that occurred while 
the person was in the institution but does not report that crime 
to an appropriate criminal justice agency is guilty of failure to 
report a sexual assault of a person in custody. 
2. 
For purposes of this section. "sexual assault" means a 
crime under chapter 11. 
3. 
Failure to report a 
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. 
458, §1, is further amended to read: 
1. 
Other provisions of this section notwithstanding, when a 
person 
subject 
to 
an 
undischarged 
term 
of 
imprisonment 
is 
convicted of a 
vie~aEieR-~~-~~~-~~r-~~~-e~-~~-~-~~-aBY 
eEaeF-~~4~~~-Eae-~~~-a-~-~--~ae-~~~~-~~-Eae 
COMMITTEE AMENDMENT 
t.-~~ 
COMMITTEE AMENDMENT ")\" to H.P. 943, L.D. 1360 
iRS~i~~~ieR-4£-~~~~~&~~~-~e~seR-w~£-4~4~~--&~-a 
viela~ieR-~~-£e€~4~--S~&--~~-~eve£BmeR£-~~p&~~~-4~-~ae 
iRS~i~~~ieR-4~~~-~ae-£~4£~~~~-was-4~4£~~-aRY 
e~aer-~~-~~~4££~-~e~eFRffiea~-~~~~-iR--~-4~4~~4~-iB 
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eemmi~-~&~-~--~~-e£iffie6-~&&~aeG-~-~~£--6~Bsee~ieR crime 
cOmmitted while in execution of any term of imprisonment or of an 
attempt to commit a 
crime while in execution of any term of 
imprisonment, 
the 
sentence is not 
concurrent 
with 
~ae 
any 
undischarged 
~e~m6 term of imprisonment. 
The court may order 
that 
~ae ~ undischarged 
~e!'m6 .t.u.m of imprisonment be tolled 
and service of the nonconcurrent sentence commence immediately 
and 
the 
court shall 
so order if any 
undischarged 
term 
of 
imprisonment 
is 
a 
split 
sentence. 
No 
portion 
of 
the 
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.' 
Further amend the bill in section 5 in subsection 2-A in the 
3rd line (page 
2, 
line 
in L.D.) 
by inserting after the 
following: 
"facility" the following: 
'who is designated by the 
sheriff or jail administrator Qf that county jailor by the 
COmmissioner of Corrections and is trained to collect biological 
samples' 
' 
Further amend the bill by striking out all of section 7. 
Further amend the bill in section 8 in paragraph A in the 
3rd 
line 
(page 
3, 
line 
in L.D.) 
by 
striking 
out 
the 
following: 
"fines" and inserting in its place the following: 
'monetary sanctions' 
Further amend the bill by striking out all of section 9 and 
inserting in its place the following: 
'Sec. 9. 34-A MRSA §3032, sub-§5-B is enacted to read: 
B. 
Monetan'" 
sanctions. 
The 
imposition 
of 
monetary 
sanctions at adult correctional facilities is subject to the 
following conditions. 
A. 
When a monetary sanction is imposed at a facility. a 
prisoner who is subject to that monetary sanction and who is 
able to generate money shall pay 25°'0 of that money to the 
facility where 
the 
monetary 
sanction was 
imposed. 
The 
facility shall collect that money and apply it to defray the 
cost of holding disciplinary hearings. 
B. 
A 
prisoner 
who 
is transferred to 
another 
facility 
remains liable for 
anY monetary sanction authorized under 
COMMITTEE AMENDMENT 
I;~ 
~. 
COMMITTEE AMENDMENT A" to H.P. 943, L.D. 1360 
this chapter. 
The facility rece1v1ng the prisoner shall 
collect the 
monetary 
sanction 
and 
transfer it to 
the 
facility where the monetary sanction was imposed. 
C. 
A prisoner who is discharged from a facility remains 
liable for 
any monetary 
sanction authorized under 
this 
chapter. 
If the prisoner is returned to the custody of the 
department, any facility in which the prisoner resides shall 
collect the monetary sanction and ensure that it is used to 
defray costs as set out in this chapter. 
D. 
A monetary sanction is not authorized if its imposition 
would create an excessive financial hardship, as determined 
by the department, on the dependents of the prisoner. 
Any 
payments made for the support of the dependents that are 
required by the Department of Health and Human Services may 
not be used for monetary sanction payments.' 
Further amend the bill in section 10 in subsection 6 in the 
first paragraph in the 3rd line (page 4, line 6 in L.D.) by 
striking out the following: 
"fines" and inserting in its place 
the following: 
'monetary sanctions' 
Further amend the bill by striking out all of sections 11 
and 12. 
Further amend the 
nonconsecutive 
consecutively. 
Part 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment is the majority report of the Joint Standing 
Committee on Criminal Justice and Public Safety and does the 
following. 
1. 
It 
amends 
section 
of 
the 
bill 
by 
requiring 
institutional staff to report to an appropriate law enforcement 
agency sexual assault that is committed against a person detained 
in that institution that occurred while the person was in the 
institution, whether the assault is committed by another staff 
person or by an another client or patient. 
The bill criminalizes 
failure to report only assaults committed by other staff. 
2. 
It amends section 4 of the bill to specify that an 
inmate who 
commits 
any 
crime while 
sentenced may have that 
sentence interrupted and serve the sentence for the new crime 
immediately. 
Currently, that authority exists only for inmates 
who 
commit 
crimes against corrections staff or institutional 
property. 
COMMITTEE AMENDMENT, 
~ro. 
~ 
COMMITTEE AMENDMENT ·A" to H.P. 943, L.D. 1360 
3. 
It amends section 5 of the bill by specifying that only 
staff members of 
a 
county jailor Department of Corrections 
facility who are designated by the sheriff or jail administrator 
of that county jailor by the Commissioner of Corrections and are 
trained to collect biological samples may do so for purposes of 
DNA collection. 
4. 
It strikes 
section 
of 
the bill, 
which 
replaces 
language that states that certain documents in possession of the 
department that are used to screen and assess clients are "not 
public records" pursuant to the freedom of access laws with 
language stating that 
those are records that "must be kept 
confidential," with statutory exceptions. 
This change is not 
necessary, as the department can now deny access to records that 
are not public records. 
5. 
It amends sections 8, 9 and 10 of the bill by specifying 
that the department may impose "monetary sanctions" instead of 
"fines" as a form of punishment in correctional facilities. 
6. 
It strikes sections 11 and 12 of the bill, which repeal 
the requirement that the commissioner first determine that the 
average statewide caseload of probation officers is 90 to one 
before increasing the eligibility of prisoners for supervised 
community confinement to those with 2 years remaining on the 
incarceration 
portion 
of 
their 
sentence. 
The 
bill 
allows 
transfer to the community confinement program when a prisoner has 
years remaining on the incarceration portion of the sentence, 
instead 
of 
one 
year, 
regardless 
of 
the 
current 
probation 
caseload. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/19/05 frae 
LD 1360 
LR 0366(02) 
An Act To Improve the Management and Safety of State Correctional Facilities 
Fiscal Note for Bill as Amended by Committee Amendment "/Ji' 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Undetermined revenue increase - General Fund 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new Class E crime. 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Creating a new supervision fee payment provision for certain probationers and parolees will result in an increase in 
revenue to the General Fund in an amount that can not be determined at this time. 
LR0366(2) - Fiscal Note - Page 1 of 1