An Act To Establish a Process for the Civil Commitment of Certain Sexual Offenders
Maine Legislature, Session 122, LD 1321
Committee: Criminal Justice and Public Safety
Amends: 34-A MRSA §1402, 34-B MRSA §1203

Legislative Document 
No. 1321 
H.P.919 
House of Representatives, March 15,2005 
An Act To Establish a Process for the Civil Commitment of Certain 
Sexual Offenders 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representati ve VA UOHAN of Durham. 
Printed on recycled paper 
11'l~ 111· 7i!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-A MRSA §1402, sub-§12 is enacted to read: 
12. Secure facilities for sexually violent predators. 
The 
commissioner, in cooperation with the Commissioner of Health and 
Human Services, shall maintain one or more secure facilities for 
sexually violent predators 
confined pursuant 
to Title 
B, 
chapter 3, subchapter 6. 
Sec. 2. 34-B MRSA §1203, sub-§10 is enacted to read: 
10. 
Secure facilities for sexually violent predators. 
The 
commissioner, 
in 
cooperation 
with 
the 
Commissioner 
of 
Corrections, shall maintain one or more secure facilities for 
sexually violent 
predators 
confined 
pursuant 
to 
chapter 
3, 
subchapter 6. 
Sec. 3. 34-B MRSA c. 3, sub-c. 6 is enacted to read: 
SUBCHAPTER 6 
SEXUALLY VIOLENT PREDATORS 
§3921. 
Definitions 
As used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Agency with jurisdiction. 
"Agency with jurisdiction" 
means the agency with authority to direct the release of a person 
serving 
a 
sentence or 
term of confinement 
and 
includes the 
Department of Corrections and the department. 
2. Connitted person. 
"Committed person" means a person who 
has been commi t ted as 
a 
sexually violent predator under this 
subchapter. 
3. 
Corrections supervisor. 
"Corrections supervisor" means 
an 
employee 
of 
the 
Department 
of 
Corrections 
assigned 
to 
supervise the case of a committed person. 
4. 
Less restrictive alternative. 
"Less 
restrictive 
alternative" 
means court-ordered treatment in a setting that is 
less restrictive than total confinement. 
5. 
Likely to engage in predatory acts of sexual violence. 
"Likely to engage in predatory acts of sexual violence" means it 
is more probable than not that a person will engage in predatory 
acts of sexual violence. 
If the person is not confined at the 
Page l-LR0037(1) 
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• 
time a petition is filed under this subchapter, likelihood is 
demonstrated by a recent overt act of sexual violence. 
6. 
Mental 
abnormality. 
"Mental 
abnormality" 
means 
a 
congenital 
or 
acguired 
condition 
affecting 
emotional 
or 
volitional capacity that predisposes a person to the commission 
of criminal sexual acts to the extent that the person is a threat 
to the health and safety of other persons. 
1. 
Predatory. 
"Predatory" means engaging in acts directed 
at a person for the primary purpose of victimization. 
8. 
Prosecuting attorney. 
"Prosecuting attorney" means a 
district attorney or the Attorney General. 
9. 
Recent overt act. 
"Recent overt act" means an act that 
has the elements of a sexually violent offense or creates a 
reasonable fear of a sexually violent offense. 
10. 
Secure facility. 
"Secure facility" means a facility 
identified by the commissioner as being capable of providing 
secure confinement, care and treatment of committed persons. 
11. 
Sexually violent offense. 
"Sexually violent offense" 
means: 
A. 
Gross sexual assault that is a Class A or Class B 
offense under Title 17-A, section 253: 
B. 
Murder, 
felony murder, 
aggravated assault, stalking, 
kidnapping, burglary of a residence or criminal restraint 
that at the time of sentencing for the offense or during 
proceedings 
under this subchapter is determined to be 
sexually motivated: 
C. 
An attempt, criminal solicitation or criminal conspiracy 
to commit an offense specified in paragraph A or B: or 
D. 
Any comparable offense under the laws of the United 
States or another state. 
12. 
Sexually 
violent 
predator. 
"Sexually 
violent 
predator" means a person who has been convicted of or charged 
with a sexually violent offense and who suffers from a mental 
abnormality or personality disorder that makes the person likely 
to engage in predatory acts of sexual violence if not confined in 
a secure facility. 
§3922. 
Notice to district attorney 
1. 
When notice required. 
When it appears that a person may 
meet the criteria of a sexually violent predator, the agency with 
jurisdiction over the person shall refer the person in writing to 
the district attorney of the district where 
the person was 
charged, 3 months before: 
A. 
The anticipated release from total confinement of a 
person who has been convicted of a sexually violent offense; 
B. 
The anticipated release from total confinement of a 
person found to have committed a sexually violent offense as 
a juvenile; 
C. 
The release of a person who has been charged with a 
sexually violent offense and who has been determined to be 
incompetent to stand trial pursuant to Title 15, chapter 5; 
or 
D. 
The release of a person who has been found not guilty of 
a sexually violent offense by reason of mental disease or 
defect. 
2. 
Information required. 
When providing the notice under 
subsection 1, 
the agency with jurisdiction shall provide the 
district attorney with all relevant information, including: 
A. 
A complete copy of the institutional records compiled by 
the Department of Corrections relating to the person and any 
comparable out-of-state records that are available; 
B. 
All records relating to the psychological or psychiatric 
evaluation and treatment of the person; 
C. 
A current record of all prior arrests and convictions, 
and full police case reports relating to those arrests and 
convictions; and 
D. 
A current mental health evaluation or mental health 
records review. 
§3923. 
Petition 
A prosecuting attorney may file a petition in the Superior 
Court alleging that a person is a sexually violent predator and 
containing sufficient facts to support the allegation if it 
appears that the person may be a sexually violent predator and: 
1. 
Convicted person. 
The 
person 
was 
convicted of 
a 
sexually violent offense 
and is about to be released from 
confinement; 
• 
2. 
Juvenile. 
The person was adjudicated to have committed 
a juvenile crime involving a sexually violent offense and is 
about to be released from confinement; 
3. 
Incompetent to stand trial. 
The person was charged 
with a 
sexually violent offense and was determined to be 
incompetent to stand trial and is about to be released or has 
been released from confinement; 
4. 
Hot guilty by reason of mental disease or defect. 
The 
person was found not guilty of a sexually violent offense by 
reason of mental disease or defect and is about to be released or 
has been released from confinement; or 
5. 
Post-conviction release. 
The person was convicted of a 
sexually 
violent 
offense, 
has 
been 
released 
from 
total 
confinement and has committed a recent overt act. 
§3924. 
Probable cause hearing; evaluation 
1. 
Determination of probable cause. 
Upon the filing of a 
petition under this subchapter, the judge shall determine whether 
probable cause exists to believe that the person named in the 
petition is a sexually violent predator. If the judge determines 
that probable cause exists, 
the judge shall direct that the 
person named in the petition be taken into custody by a law 
enforcement officer or by the department. 
2. 
Hearing. 
Within 72 hours after a person is taken into 
custody under subsection 1, the court shall give the person 
notice of and an opportunity to appear in person at a hearing to 
contest probable cause as to whether the person is a sexually 
violent predator. 
At the hearing, the court shall verify the 
person's identity and determine whether probable cause exists to 
believe that the person is a sexually violent predator. 
3. 
Evidence. 
The prosecuting attorney may rely on the 
petition for determination of probable cause. 
The prosecuting 
attorney may 
supplement the information in the peti tion wi th 
additional documentary evidence or live testimony. 
4. 
Rights of person charged. 
At the hearing required by 
this 
section, 
the 
person alleged to 
be 
a 
sexually violent 
predator has the right to: 
A. 
Be represented by counsel; 
B. 
Present evidence on the person's behalf; 
C. 
Cross-examine witnesses who testify against the person; 
and 
D. 
View and copy all petitions and reports in the court 
file. 
5. 
Evaluation. 
If the judge makes a determination of 
probable 
cause, 
the 
judge 
shall direct that the 
person 
be 
transferred to an appropriate facility for an evaluation of 
whether 
the 
person 
is 
a 
sexually 
violent 
predator. 
The 
evaluation must be conducted by a person who is determined to be 
professionally qualified to conduct the evaluation pursuant to 
rules adopted by the department. 
When adopting rules regarding 
professional qualifications, the department shall consult with 
the Department of Corrections. 
6. 
Confinement. If probable cause is found under this 
section, the person alleged to be a sexually violent predator may 
not be released from confinement prior to trial under section 
3925. 
§3925. 
Trial 
1. 
Timing. 
Within 
days 
after 
a 
determination of 
probable cause under section 3924, the court shall conduct a 
trial to determine if the person is a sexually violent predator. 
The trial may be continued upon the request of either party with 
a showing of good cause or by the court on its own motion when 
the person alleged to be a sexually violent predator will not be 
substantially prejudiced. 
2. 
Right to counsel. 
A person alleged to be a sexually 
violent predator is entitled to the assistance of counsel at all 
stages of proceedings under this subchapter. 
If the person is 
determined to be indigent, the court shall appoint counsel. 
3. 
Confinement. 
The person alleged to be a sexually 
violent predator must be confined in a secure facility for the 
duration of the trial. 
4. 
Right to examination. 
If a person is subjected to an 
examination under this subchapter, the person may retain experts 
or professional persons to perform an examination on the person's 
behalf. 
If the person wishes to be examined by a qualified 
expert or professional person of the person's choice, 
the 
examiner may have reasonable access to the person for purposes of 
the examination and to any relevant medical and psychological 
records and reports. 
If a person is indigent, the court shall, 
upon the person's request, assist the person in obtaining an 
.. 
• 
expert or professional 
person to 
perform 
an 
examination or 
participate in the trial on the person's behalf. 
5. 
Right to jury. 
The person, the prosecuting attorney or 
the judge may demand that the trial be before a 12-person jury. 
If no demand is made, the trial is before the court. 
§3926. 
Determination 
1. 
Determination: standard of proof. 
The court or jury 
shall determine whether a person is a sexually violent predator. 
The determination must be made beyond a 
reasonable doubt. 
A 
determination made by a jury must be unanimous. 
2. 
Proof of recent overt act. 
If the person alleged to be 
a sexually violent predator was not in confinement on the date 
the petition was filed, the State must prove beyond a reasonable 
doubt that the person committed a recent overt act. 
3. 
Proof of sexual motivation. 
If the State alleges that 
the prior sexually violent offense that forms the basis for the 
petition for commitment filed pursuant to section 3923 was an act 
that was sexually motivated, 
the State must prove beyond a 
reasonable doubt that the act was sexually motivated. 
4. 
Commitment. 
If the court or jury determines that the 
person is 
a 
sexually violent predator, 
the person must be 
committed to the custody of the department for placement in a 
secure facility approved by the department for control, care and 
treatment until such time as the person's mental abnormality or 
personality disorder has changed so that it is safe to discharge 
the 
person 
or 
release 
the 
person 
to 
a 
less 
restrictive 
alternative. 
If the court orders that the person be committed, 
the court may order that a corrections supervisor be assigned. 
5. 
Release. 
If the court or jury is not satisfied beyond a 
reasonable doubt that the person is a sexually violent predator, 
the court shall direct the person's release. 
§3927. 
Persons who were incompetent to stand trial 
1. 
Determination on original charge. 
If the person charged 
with a sexually violent offense was found incompetent to stand 
trial and is about to be or has been released and the person's 
commitment is sought pursuant to this subchapter, the court shall 
first hear evidence and determine whether the person committeq 
the act or acts originally charged if the original court did not 
enter a finding prior to dismissal that the person committed the 
act or acts charged. 
2. 
Procedures. 
The hearing required by this section must 
comply with all the procedures specified in section 3926. 
In 
addition the rules of evidence applicable in criminal cases 
apply, and all constitutional rights available to defendants at 
criminal trials other than the right not to be tried while 
incompetent apply. 
3. 
Findings. 
After hearing evidence on the question of 
whether the person committed the act or acts originally charged, 
the court shall make specific findings on: 
A. 
Whether the person did commit the act or acts; 
B. 
The 
extent to 
which 
the person's 
incompetence 
or 
developmental 
disability 
affected 
the 
outcome 
of 
the 
original hearing, including its effect upon the ability to 
consult with and assist counsel and to testify on the 
person's own behalf, and the extent to which the evidence 
could be reconstructed without the assistance of the person; 
and 
C. 
The strength of the prosecution's case. 
4. 
Effect of determination. 
If, after the conclusion of 
the hearing on whether the person committed the act or acts 
originally charged, the court finds beyond a 
reasonable doubt 
that the person did commit the act or acts charged, the court 
shall enter a final order and may proceed to consider whether the 
person should be committed pursuant to this subchapter. 
§3928. 
Place of confinement 
Confinement must be in a secure facility that is appropriate 
for persons confined as a result of criminal incompetency, except 
that confinement may be to a 
county jailor a correctional 
facility 
for 
up 
to 
days 
pending 
proceedings 
under 
this 
subchapter. 
§3929. 
Annual examination of confined person 
A person committed under this subchapter must be examined at 
least once each year to determine the person's mental condition. 
A report of the examination must be submitted to the court that 
committed 
the 
person 
and 
must 
consider 
whether 
conditional 
release to a less restrictive alternative is in the best interest 
of the person and will adequately protect the community. 
The 
person may retain or, if the person is indigent and so requests, 
the court may appoint a qualified expert or a professional person 
• 
• 
• 
• 
to examine the person. 
The expert or professional person must 
have access to all records concerning the person. 
§3930. 
Rights of committed person 
1. 
Legal rights. 
A person whose liberty is restricted 
under this subchapter does not forfeit any legal right or suffer 
any legal disability as a result of any actions taken under this 
subchapter except as specifically provided in this subchapter. 
2. 
Right to care and treatment. 
A person committed under 
this subchapter has the right to adequate care and individualized 
treatment. 
The department shall keep records of medical, expert 
and professional care 
and treatment received by 
a 
committed 
person 
and shall 
keep 
copies 
of all 
reports 
of periodic 
examinations made pursuant to this subchapter. 
Records kept by 
the department under this section must be made available to the 
committed 
person, 
the 
committed 
person's 
attorney, 
the 
prosecuting attorney, the court, the protection and advocacy 
agency designated under Title 5, chapter 511 or an expert or 
professional person who demonstrates a need for access to the 
records. 
3. 
Safeguarding personal property. 
When a person is taken 
into custody or transferred to a secure facility pursuant to a 
petition under this subchapter, 
the person in charge of the 
facility shall take reasonable precautions to inventory and 
safeguard 
the 
personal 
property 
of 
the 
person 
detained 
or 
transferred. 
A copy of the inventory, signed by the person 
making it, must be given to the person detained and must be open 
to inspection by any responsible person, subject by conditions 
imposed by the detained person. 
For purposes of this subsection, 
"responsible 
person" 
includes 
the 
guardian, 
conservator, 
attorney, spouse, parent, adult child or adult sibling of the 
person detained. 
The facility may not disclose the contents of 
the inventory to any person other than a 
responsible person 
without the consent of the detained person or an order of the 
court . 
4. 
Seeking release. 
This subchapter does not prohibit a 
person who has been committed from exercising any right otherwise 
available for the purpose of obtaining release from confinement, 
including the right to petition for a writ of habeas corpus. 
§3931. 
Petition for release 
1. 
Petition 
by 
commissioner. 
If 
the 
commissioner 
determines 
that 
a 
committed 
person's 
mental 
abnormality 
or 
personality disorder has changed so that the person is not likely 
to engage in predatory acts of sexual violence if conditionally 
released to a 
less restrictive alternative or unconditionally 
discharged, 
the 
commissioner 
shall 
authorize 
the 
person 
to 
petition the court for conditional release to a less restrictive 
alternative or unconditional discharge as follows. 
A. 
The petition must be served upon the court and the 
prosecuting attorney. 
B. 
The court. upon receipt of the petition for conditional 
release to a less restrictive alternative or unconditional 
discharge, shall order a hearing within 45 days. 
c. 
The prosecuting attorney shall represent the State and 
may 
have 
the 
petitioner 
examined 
by 
an 
expert 
or 
professional person of the prosecuting attorney's choice. 
D. 
The hearing must be before a jury if requested by either 
the petitioner or the prosecuting attorney. 
E. 
The burden of proof is on the prosecuting attorney to 
show beyond a reasonable doubt that the petitioner's mental 
abnormality or personality disorder remains such that it is 
not 
safe 
to 
discharge 
the 
petitioner 
and 
that, 
if 
conditionally released to a less restrictive alternative or 
unconditionally discharged, the petitioner is likely to 
engage in predatory acts of sexual violence. 
2. 
Petition by committed person. 
The committed person may 
petition the court for conditional release to a less restrictive 
alternative or unconditional release without the commissioner's 
approval. 
A. 
The commissioner shall provide the committed person with 
written annual notice of the person's right to petition the 
court 
for 
conditional 
release 
to 
a 
less 
restrictive 
alternative 
or 
unconditional 
discharge 
over 
the 
commissioner's objection. 
The notice must contain a waiver 
of rights. 
B. 
The commissioner shall forward the notice and waiver 
form to the court with the annual report. 
If the person 
does not affirmatively waive the right to petition, the 
court shall set a preliminary hearing to determine whether 
facts exist that warrant a hearing on whether the person's 
condition has changed so that it is safe for the person to 
be conditionally released to a less restrictive alternative 
or to be unconditionally released. 
c. 
The committed person has the right to have an attorney 
represent the person at the preliminary hearing required in 
• 
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.< 
paragraph B, but the person is not entitled to be present at 
the preliminary hearing. 
3. 
Hearing. 
If the court at the preliminary hearing 
determines that probable cause exists to believe that the 
person's mental abnormality or personality disorder has changed 
so that the person is not likely to engage in predatory acts of 
sexual violence if conditionally released to a less restrictive 
alternative or unconditionally discharged, the court shall set a 
hearing on the issue. 
A. At the hearing, the committed person may be present and 
has the same constitutional protections that are afforded at 
the initial commitment proceeding. 
B. 
The prosecuting attorney shall represent the State and 
may request a 
jury trial and have the committed person 
evaluated by experts chosen by the State. 
c. 
The committed person has the right to have an expert 
evaluation. 
The court shall appoint an expert if the person 
is indigent and requests an appointment. 
D. 
The burden of proof at the hearing is on the State to 
prove beyond a reasonable doubt that the committed person's 
mental abnormality or personality disorder remains such that 
the person is likely to engage in predatory acts of sexual 
violence if conditionally released to 
a 
less restrictive 
alternative or unconditionally discharged. 
§3932. 
Court jurisdiction 
The jurisdiction of the court over a person committed under 
this subchapter continues until the person is unconditionally 
discharged. 
§3933. 
Conditional release to less restrictive alternativeL 
proceedings 
1. 
Finding. 
Before the court may enter an order directing 
conditional release to a less restrictive alternative, the court 
must find that: 
A. 
The committed person will be treated by a treatment 
provider who is qualified to provide treatment; 
B. 
The treatment provider has presented a specific course 
of treatment, has agreed to assume responsibility for the 
treatment, will report progress to the court on a regular 
basis 
and 
will 
report 
violations 
immediately 
to 
the 
department, 
the court, 
the prosecuting attorney and the 
corrections supervisor; 
C. 
Housing exists that is sufficiently secure to protect 
the community, and the person or agency providing housing to 
the conditionally released person has agreed in writing to 
accept the person, to provide the level of security required 
by the department and the court and immediately to report to 
the court, the prosecuting attorney and the corrections 
supervisor if the person leaves the housing to which the 
person has been assigned without authorization; 
D. 
The committed person is willing to comply with the 
treatment provider 
and all 
requirements 
imposed 
by 
the 
treatment provider and the court; and 
E. 
The 
committed 
person is willing 
to 
comply with 
supervision 
requirements 
imposed 
by 
the 
Department 
of 
Corrections and the conditions of any period of supervised 
release imposed pursuant to Title l7-A, chapter 50. 
2. 
Decision. 
The court shall direct as follows. 
A. 
Upon the conclusion of the evidence in a hearing on a 
petition for conditional release to 
a 
less restrictive 
alternative, if the court finds that there is no legally 
sufficient evidentiary basis for a reasonable jury to find 
that the conditions for release have been met, the court 
shall grant a motion by the State for a judgment as a matter 
of 
law 
on 
the 
issue of conditional 
release to 
a 
less 
restrictive alternative. 
B. 
When 
the issue of conditional release to 
a 
less 
restrictive alternative is submitted to the jury, the court 
shall instruct the jury to return a verdict in substantially 
the 
following 
form: 
"Has 
the 
State 
proved 
beyond 
a 
reasonable 
doubt 
that 
the 
proposed 
less 
restrictive 
alternative is not in the best interest of the respondent or 
will not adequately protect the community? Answer: Yes or 
No." 
§3934. 
Conditional release to less restrictive alternative: 
judgment: conditions 
1. 
Judgment. 
Conditional release to a less restrictive 
alternative is permitted if the court or jury determines that 
conditional release to a less restrictive alternative is in the 
best interest of the committed person and will adequately protect 
the community and if the court determines that the minimum 
conditions set forth in section 3933, subsection 1 have been met. 
Page ll-LR0037(1) 
• 
2. 
Conditions for granting release. 
The court shall impose 
any 
additional 
conditions 
on 
release 
necessary to 
ensure 
compliance with treatment and to protect the community. 
If the 
court finds that conditions do not exist that will both ensure 
the committed person's compliance with treatment and protect the 
community, the person must be remanded to the custody of the 
department for control, care and treatment in a secure facility. 
3. 
Service provider other than State. 
If the service 
provider designated to provide inpatient or outpatient treatment 
or to monitor or supervise any other terms and conditions of a 
committed person's placement in a less restrictive alternative is 
other than the department or the Department of Corrections, that 
service provider must agree in writing to provide the treatment. 
4. 
Conditions of release. 
Before authorizing release to a 
less 
restrictive 
alternative, 
the 
court 
shall 
impose 
such 
conditions on the committed person as are necessary to ensure the 
safety of the community, including conditions imposed pursuant to 
Title l7-A, chapter 50. 
A copy of the conditions of release must 
be given to the person and the person's designated service 
provider. 
The court shall order the department or the Department 
of Corrections to investigate the less restrictive alternative 
and recommend any additional conditions to the court. 
These 
conditions include, but are not limited to, the following: 
A. 
Specification of residence; 
B. 
Prohibition of contact with potential or past victims; 
C. 
Prohibition of alcohol or other drug use; 
D. 
Participation in a 
specific course of inpatient or 
outpatient treatment that may include monitoring by the use 
of polygraph and plethysmograph; 
E. 
Supervision by a corrections supervisor, including a 
supervisor of conditions imposed pursuant to Title 17 -A, 
chapter 50; 
F. 
A requirement that the person remain within the State 
unless the person receives prior authorization from the 
court to leave the State; and 
G. 
Any other conditions that the court determines are in 
the best interest of the person or others. 
5. 
Report by service provider. 
A service provider 
designated to provide inpatient or outpatient treatment shall 
Page l2-LR0037(1) 
submit monthly, or as otherwise directed by the court, a report 
stating whether the conditionally released person is complying 
with the 
terms 
and 
conditions of the 
release to 
a 
less 
restrictive alternative. 
The report must be submitted to the 
department, the facility from which the person was released, the 
prosecuting attorney and the person's corrections supervisor. 
6. 
Review of release. 
The release of a 
conditionally 
released person to 
a 
less restrictive alternative must be 
reviewed by the court that released the person no later than one 
year after the conditional release and annually thereafter until 
the person is unconditionally discharged. 
Review may occur in a 
shorter time or more frequently, if the court, in its discretion 
on its own motion or on motion of the conditionally released 
person, the commissioner or the prosecuting attorney determines a 
shorter review time is desirable. 
The 
sole question to be 
determined by the court is whether the conditional release to a 
less restrictive alternative should be continued. 
The court in 
making its determination must be aided by the periodic reports 
filed 
pursuant 
to 
subsection 
and 
the 
opinions 
of 
the 
commissioner and other experts or professional persons. 
§3935. 
Revocation of conditional release 
1. Petition. 
The department, any service provider required 
to 
submit 
reports pursuant to 
section 
3934, 
the prosecuting 
attorney or the corrections supervisor may petition the court to 
schedule, 
or 
the 
court on its 
own motion 
may 
schedule, 
an 
immediate hearing for the purpose of revoking or modifying the 
terms of the person's conditional release to a less restr icti ve 
alternative if the petitioner or the court believes the released 
person is not complying with the terms and conditions of the 
release or is in need of additional care and treatment. 
2. 
Apprehension. 
If the department, 
the prosecuting 
attorney, 
the corrections supervisor or the court, based upon 
information received, reasonably believes that a conditionally 
released person is not complying with the terms and conditions of 
the conditional release to a less restrictive alternative, the 
court or corrections supervisor may order that the conditionally 
released person be apprehended and taken into custody until a 
hearing 
can 
be 
scheduled 
to 
determine 
whether 
the 
person's 
conditional release should be revoked or modified. 
The court 
must be notified of the person's apprehension before the close of 
the next judicial day. 
Both the prosecuting attorney and the 
conditionally released person may 
request an 
immediate mental 
examination of the conditionally released person. 
If the 
conditionally 
released 
person 
is 
indigent, 
the 
court, 
upon 
request, shall assist the person in obtaining a qualified expert 
or professional person to conduct the examination. 
Page l3-LR0037(l) 
• 
3. 
Hearing. 
The court, upon receiving notification of the 
person's apprehension, shall promptly schedule a hearing. 
The 
issue to be determined at the hearing is whether the State has 
proven by a preponderance of the evidence that the conditionally 
released person did not comply with the terms and conditions of 
release. 
Hearsay evidence is admissible if the court finds that 
it is reliable. 
At the hearing, 
the court shall determine 
whether the person should continue to be conditionally released 
on the same or modified conditions or whether conditional release 
should be revoked and the person committed to total confinement. 
§3936. 
Reimbursement of department 
The department is responsible for all costs relating to the 
evaluation 
and 
treatment 
of 
a 
committed 
person 
in 
the 
department's custody whether the person is confined to a secure 
facility or released to a less restrictive alternative. 
The 
department may require reimbursement of those costs to the extent 
that the committed person is able to pay. 
§3937. 
Record check for employees of secure facility 
The commissioner shall require a criminal record check of 
each employee working at a 
secure facility where committed 
persons are confined under this subchapter. 
Both state and 
federal criminal records must be checked. 
Fingerprints may be 
required. 
The department shall pay the costs of the record 
check. 
Information obtained may be used only in making the 
initial employment decision or a decision to assign an employee 
to work in a secure facility. 
§3938. 
Release of information 
The 
commissioner 
may 
release 
any 
relevant 
information 
obtained under this subchapter if the commissioner determines 
that the release is necessary to protect the public. 
§3939. 
Notice of conditional release. discharge or escape 
1. 
Standard notice. 
At the earliest possible time, and no 
later than 30 days before conditional release or unconditional 
discharge, 
the 
department 
shall 
send 
written 
notice 
of 
conditional release, unconditional discharge or escape to the 
following: 
A. 
The State Police; 
B. 
The local law enforcement agency in the municipality in 
which the committed person will reside; 
c. 
The sheriff of the county where the committed person 
will reside: 
D. 
The sheriff of the county where the person was last 
convicted of a sexually violent offense if the department 
does not know where the person will reside; and 
E. 
If the committed person has escaped, the local law 
enforcement agency and sheriff for the location in which the 
committed person resided immediately before commitment as a 
sexually 
violent 
predator 
or 
immediately 
before 
incarceration for the person's most recent offense. 
2. 
Requested notice. 
The department shall provide notice 
in the 
same 
manner 
as 
required under subsection 
upon the 
request of: 
A. 
A victim of a sexually violent offense or the victim's 
next of kin if the offense included a homicide; 
B. 
A witness who testified against the person in commitment 
proceedings; or 
c. 
Any person specified in writing by the prosecuting 
attorney. 
3. 
Confidentiality of request. 
Information 
regarding 
persons requesting notice under subsection 2 and the notice are 
confidential and may not be disclosed to any person, including 
the committed person. 
4. 
Recapture. 
If the committed person is recaptured, the 
department shall notify a 
person receiving notice under this 
section as soon as possible, but no later than 2 working days 
after the department learns of the recapture. 
5. 
Child. 
If the person to be notified under this section 
is under 18 years of age, the notice required by this section 
must be sent to the person with custody of the child. 
6. 
Where notice sent. 
The department shall send the notice 
required by this section to the last address provided to the 
department by the person requesting notice. 
§3940. 
Escorted leave 
1. 
Escorted leave authorized. 
The person in charge of a 
facility to which a 
committed person is confined under this 
subchapter may grant, subject to approval of the commissioner, an 
• 
.. 
escorted leave of absence to that committed person for the 
following purposes: 
A. 
To go to the bedside of that committed person's spouse 
or parent or other member of that committed person's 
immediate family who is seriously ill; 
B. 
To attend the funeral of a member of that committed 
person's immediate family; or 
C. 
To receive necessary medical or dental care that is not 
available in the facility where the committed person is 
confined. 
2. 
Conditions. 
A committed person granted an escorted 
leave of absence under this section must be under the continuous 
supervision of an escort. 
The escort must be a correctional 
officer or other person approved by the commissioner. 
The escort 
shall be in visual or auditory contact with the person at all 
times. 
Contact may not be aided by any electronic or other 
device. 
3. 
Notice. 
A committed person may not begin an escorted 
leave of absence until the commissioner has notified the law 
enforcement agency with jurisdiction in the area of the person's 
destination. 
4. 
Restricted to State. 
A committed person granted an 
escorted leave of absence may not leave the State unless approved 
by the court. 
5. 
Reimbursement of costs. 
The commissioner may seek 
reimbursement from the committed person or members of the family 
of the committed person for the costs of an escorted leave of 
absence unless the committed person and the committed person's 
family members are indigent and without resources sufficient to 
reimburse the State for the costs of the leave of absence. 
SUMMARY 
This bill provides 
a 
procedure for the commitment of a 
person determined to be a sexually violent predator if a court 
finds that the person has a mental abnormality or personality 
disorder that makes it likely that the person will engage in 
predatory acts of sexual violence if not confined in a secure 
facility. 
Protections are provided to a person subject to 
commitment. 
Care 
and 
treatment 
must 
be 
provided 
and 
the 
commitment is subject to annual review. 
Notice of release or 
discharge is required for victims, witnesses and other persons 
Page l6-LR0037(1) 
identified by the prosecuting attorney. 
This bill designates the 
Commissioner of Corrections and the Commissioner of Health and 
Human Services as responsible for providing secure facilities for 
sexually violent predators. 
This bill coordinates release from a 
secure facility for sexually violent predators with supervised 
release for sex offenders under the Maine Revised Statutes, Title 
17-A, chapter 50.