An Act To Improve the Prisoner Telephone System
Maine Legislature, Session 122, LD 1884
Committee: Criminal Justice and Public Safety
Sponsors: BLANCHETTE, RECTOR
Amends: 34-A MRSA §3032, 34-A MRSA §3039, 34-A MRSA §3040-A, 34-A MRSA §3047

Legislative Document 
No. 1884 
H.P. l324 
House of Representatives, January 3, 2006 
An Act To Improve the Prisoner Telephone System 
(EMERGENCY) 
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 401. 
Presented by Representative BLANCHETTE of Bangor. 
Cosponsored by Representative: RECTOR of Thomaston. 
Printeli on fecydcd paper 
1J1~ 
/J7·771~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this legislation reduces the costs of telephone 
calls for prisoners and their families through the use of prepaid 
phone'accounts; and 
Whereas, 
immediate 
enactment 
of 
necessary for the timely implementation 
Corrections' telephone system; and 
this 
legislation 
of the Department 
is 
of 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17·A MRSA §1330, sub·§I, as amended by PL 1999, c. 
469, §2, is further amended to read: 
1. 
Work program; 
payment of restitution and fines. 
A 
prisoner who has been ordered to pay restitution or fines may not 
be 
released pursuant 
to 
a 
work 
program administered by the 
Department of Corrections under Title 34-A, section 3035, or a 
sheriff under Title 30-A, 
section 1605, or participate in an 
industry program under Title 34-A, section 1403, subsection 9 or 
any other program administered by the Department of Corrections 
or a sheriff by wbich a prisoner is able to generate money, 
unless 
the 
prisoner 
consents 
to 
pay 
at 
least 
25% 
of 
the 
prisoner's gross weekly wages or other money generated to the 
victim or the court until such time as full restitution has been 
made or the fine is paid in full. 
The chief administrative 
officer of 
the 
correctional 
facility where 
the 
prisoner 
is 
incarcerated shall collect and disburse to the victim or victims 
that portion of the prisoner' swages or other money generated 
agreed to as payment of restitution. 
The chief administrative 
officer of 
the 
correctional facility where 
the 
prisoner is 
incarcerated shall also collect and disburse to the court that 
portion of the prisoner's wages or other money generated agreed 
to as payment of fines after the restitution is paid in full. 
If 
the victim or victims ordered by the court to receive restitution 
cannot be located, the correctional facility shall inform the 
4.6 
court that ordered restitution. The court shall determine the 
distribution of these funds. 
Sec. 2. 17·A MRSA §1330, sub·§2, as amended by PL 1999, c. 
469, §3, is further amended to read: 
Page l-LR3012 (1) 
• 
• 
2. 
Payment of restitution or fines from other sources. 
A 
prisoner, other than one addressed by subsection 1, who is-aale 
te-~€ReEate receives money, from waateveF ~ 
source, shall pay 
25'1-0 of that money to any victim or the court if the court has 
ordered 
that 
restitution 
or 
a 
fine 
be 
paid. 
The 
chief 
administrative officer of the correctional facility in which the 
prisoner is incarcerated shall collect and disburse to the victim 
or victims 
that portion of 
the prisoner's 
money ordered 
as 
restitution. 
The 
chief 
administrative 
officer 
of 
the 
correctional facility where the prisoner is incarcerated shall 
also collect and disburse to the court that portion of the 
prisoner's money ordered as fines after the restitution is paid 
in full. 
If the victim or victims ordered by the court to 
receive restitution can not be located, the correctional facility 
shall inform the court that ordered restitution. The court shall 
determine the distribution of these funds. 
Money received by the 
prisoner and directly deposited into a 
telephone call account 
established by the Department of Corrections for the sole purpose 
of paying for use of the department's client telephone system is 
not subject to this subsection, except that 25% of any money 
received by the prisoner and transferred from the telephone call 
account to the department's general client account at the time of 
the prisoner's discharge or transfer to 
supervised community 
confinement must be collected and disbursed as provided in this 
suQsection. 
Sec. 3. 34-A MRSA §3032. sub-§5-A. ,A, as amended by PL 1995, 
c. 197, §2, is further amended to read: 
A. 
Restitution may be imposed for the purpose of replacing 
or repairing property destroyed or damaged by the prisoner 
or 
juvenile while 
the 
prisoner 
or 
juvenile is 
at 
the 
institution. 
When restitution is imposed at a facility, a 
prisoner or a juvenile who is subject to that restitution 
and who 
i6-aele-te-~eReEate receives money from waateveF ~ 
source shall pay 25°0 of that money to the facility where the 
damage occurred. 
The facility shall collect that money and 
apply it to defray the cost of replacement or repair of the 
items destroyed or damaged. 
Money received by the prisoner 
or juvenile and directly deposited into a telephone call 
account established by the department for the sole purpose 
of paying for use of the 
department's client telephone 
system is not subject to this paragraph, except that 25% of 
any 
money 
received 
by 
the 
prisoner 
or 
juvenile 
and 
transferred 
from 
the 
telephone 
call 
account 
to 
the 
department's general client account at the 
time 
of the 
prisoner's or juvenile's discharge or ~ransfer to supervised 
community confinement or community reintegration status must 
be collected and disbursed as provided in this paragraph. 
Sec. 4. 34-A MRSA §3032, sub-§5-A, ,A-I, as enacted by 
PL 
1995, c. 197, §2, is amended to read: 
A-I. 
Restitution may be imposed for the purpose of paying 
the cost of medical care incurred as a result of the conduct 
of a prisoner or juvenile while the prisoner or juvenile is 
at 
the 
institution. 
When 
restitution is 
imposed 
at 
a 
facility, a prisoner or a juvenile who is subject to that 
restitution and who is-~~~~~eaeFase receives money from 
wha~eveF ~ source shall pay 
25'\, of that money to the 
facility where the medical care was provided. 
The facility 
shall collect that money and apply it to defray the cost of 
medical care. 
Money received by the prisoner or juvenile 
and 
directly 
deposited 
into 
a 
telephone 
call 
account 
established by the department for the sole purpose of paying 
for use of the department's client telephone system is not 
subject to this paragraph, except that 
25% of any money 
received by the prisoner or juvenile and transferred from 
the 
telephone 
call 
account 
to 
the 
department's 
general 
client account at the time of the prisoner's or juvenile':;>_ 
discharge or transfer to supervised community confinement or 
communi ty 
reintegration 
status 
must 
be 
collected 
and 
disbursed as provided in this paragraph. 
Sec. 5. 34-A MRSA §3032, sub-§5-B, ,A, as enac ted by PL 2005, 
c. 329, §8, is amended to read: 
A. 
When a monetary sanction is imposed at a facility, 
a 
prisoner who is subject to that monetary sanction and who is 
aa±e--t-()--f;JeaeFase receives money from any source shall pay 
25% 
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. 
Money 
received 
by 
the 
prisoner 
and 
directly 
deposited into a telephone call account established by the 
department for the sole purpose of payins for use of the 
department's client telephone system is not subject to this 
paragraph, except that 
25°~ of any money received by the 
prisoner and transferred from the telephone call account to 
the department's general client account at the time of the 
prisoner's discharge or transfer to supervised community 
confinement must be collected and disbursed as provided in 
this paragraph. 
Sec. 6. 34-A MRSA §3039, as amended by PL 2005, c. 329, §11, 
is further amended to read: 
§3039. Clients' money 
Pag'-
3-LR3012(1) 
• 
• 
• 
When 
any client confined in a 
correctional or detention 
facility receives money from any source, including compensation 
for work authorized under other sections of Maine law or by a 
policy of the department, the money must be deposited in that 
~aei-±i-~y!...&-€.,l4eRts.!. the department's general client account Q.L.. 
as provided in subsection 4, in the department's telephone call 
account. 
Money deposited in either account must be credited to 
the client receiving it. 
1. 
General client account. The 
commissioner shall adopt 
rules for use of the elieRts.!. general client account. These rules 
must 
include 
a 
provision allowing 
a 
client to 
remove 
that 
client's money from the elieRts.!. general client account and place 
it in any type of investment outside the facility chosen by the 
client. The 
ehie~-~~~~~~-e~fi-eeF commissioner shall keep 
a record of all money in the elieRts.!. general client account and 
is responsible for safekeeping of the client's money while the 
client is in the custody of the department and for the delivery 
of that money to the client, subject to any collections provided 
for by statute or rule, upon the client's discharge or transfer 
to supervised community confinement or community reintegration 
status. 
2. 
Interest. Any interest accruing as 
a 
result of the 
deposit of ~ha~ money in the e±ieB~s~ general client account may, 
after first being used to defray expenses of the account, 
be 
expended by the 
ehie~-~i~i&~Fa~i¥e-~~~~F-~--the--~aei±i~y 
commissioner for 
the general welfare of 
a±± clients 
at--~ha~ 
£aei±i~y confined in the department's correctional and detention 
facilities in accordance with rules adopted by the commissioner. 
3. 
Use. During the client's confinement, any client may use 
that client's money in the 
e±ieB~6~ general client account by 
authorizing 
the 
ehie~--aeffiiRi6~Fa~iye--9~~ieeF commissioner 
to 
di sburse the money in accordance wi th the rules governing the 
e±ieR~6~ general client account. 
4. 
Telephone c~~count. The commissioner may establish 
a telephone call account for the sole purpose of paying for use 
of the department's client telephone system and into which money 
received by clients may be deposited. 
Money received by a client 
and clearly designated by the sender for paying for telephone 
calls 
must 
be 
directly 
deposited 
into 
the 
telephone 
call 
account. 
In addition, 
a client may remove the client's money 
from the general client account and deposit it into the telephone 
call account. 
Once deposited into the telephone call account, 
the client may use the money only for paying for the client's 
telephone calls. 
Any money received by a client and not used for 
paying for the client's telephone calls must be transferred from 
the telephone call account to the department's general client 
g<;col!n~~b~j,me of 
tn.~client' s 
discharge or 
trjlI].~~~ to 
supervised 
community 
confinement 
or 
community 
reintegration 
status and is subject to any collections provided for by statute 
or rule prior to delivery to the client. 
The commissioner shall 
l!:~_ep a record of all money in the telephone call account and is 
responsible 
for 
safekeeping of 
the client's 
money 
while 
the 
client is in the custody of the department and for the transfer 
of that money to the general client account and delivery to the 
client as set out in this section. 
Sec. 7. 34-A MRSA §3040-A, sub-§l, as amended by PL 1991, c. 
824, Pt. A, §69, is further amended to read: 
1. 
Payment. Except as provided in subsection 4, if any 
client under 
the control of the department dies, 
leaving on 
deposi t 
in the e;lieRt:.!.s department's general client account and 
telephone call account at:-a-~~~~~~~-~-~~&~~a-'aei1it:y an 
amount not exceeding $1,000, 
and no personal representative of 
the 
client's 
estate 
is 
appointed, 
the 
chief 
administrative 
officer may pay the balance of the €;lieat,.!.s-aeeeHRt: deposits in 
the accounts to the surviving spouse or next of kin in accordance 
with the Probate Code, Title 18-A, sections 2-101 to 2-114, to 
the funeral director having any bill outstanding for the burial 
of the decedent or to any other preferred creditor or creditors 
who may appear to be entitled thereto, and shall deliver personal 
property in the chief administrative officer's custody to the 
survi ving spouse or next of kin in accordance with the Probate 
Code, Title 18-A, sections 2-101 to 2-114. 
Sec. 8. 34-A MRSA §3040-A. sub-§4, as amended by PL 1991, c. 
824, Pt. A, §69, is further amended to read: 
4. 
Alternative payment. Notwithstanding subsection 
presentation of an affidavit under Title l8-A, section 
the chief administrative officer shall pay the balance 
1, upon 
3-1201, 
of any 
deposit of a decedent in the e±ieaE.!.s department's general client 
account or telephone call account at:-a-~~~~~~~~-eet:eat:iea 
Eaei;lit:y and deliver the decedent's personal property to 
the 
client's successor under Title l8-A, sections 3-1201 and 3-1202. 
The payments under this subsection take precedence over payments 
under subsection 1 to the extent of the balance of the depos its 
in 
the 
e;lieat:s.!.--aeeeHRt: 
accounts 
and 
the 
personal 
property 
remaining in the custody of the chief administrative officer at 
the time the affidavit is presented. 
Sec. 9. 34-A MRSA §3047, sub-§2, 1fA. as amended by PL 1991, c. 
314, §52, is further amended to read: 
A. 
Has, within the 6 months prior to the date of parole or 
discharge, 
transferred 
from 
the 
e;lieat:s.!. 
department's 
• 
general 
client 
excluding 
any 
dependents; or 
account 
to 
any 
person 
more 
money 
transferred 
for 
the 
than 
$500, 
support 
of 
Emergency clause. 
In view of the emergency ci ted in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill facilitates the use of prepaid minutes in the 
State's prisoner 
telephone 
system. 
It also provides that 
a 
prisoner who has been ordered to pay restitution or fines may not 
participate 
in 
an 
industry 
program 
or 
any 
other 
program 
administered by the Department of Corrections or a sheriff by 
which a prisoner is able to generate money unless the prisoner 
consents to pay at least 25% of the prisoner's gross weekly wages 
or other money generated to the victim or the court until such 
time as full restitution has been made or the fine is paid in 
full.