An Act to Improve the Prisoner Telephone System
Maine Legislature, Session 122, LD 1884
Committee Amendment CA_A_H793 (House)
Amends: 4 MRSA §1058

COMMITTEE AMENDMENT "A" to H.P. 1324, L.D. 1884, 
Act To Improve the Prisoner Telephone System" 
Bill, "An 
Amend the bill by inserting after the enacting clause and 
before section 1 the following: 
'Sec. 1. 4 MRSA §1058, sub-§§I, 3 and 4, as enacted by PL 1997, 
c. 75, §l, are further amended to read: 
1. 
Prepayment of filinq fee and certified copies required. 
A person who is confined in a federal, state, county or local 
correctional or detention facility may not bring a civil action 
arising under federal or state law in any court in this State 
with respect to a condition of that person's confinement or the 
effect of an action or inaction by a government official on the 
life of that person confined and may not appeal a 
judgment in 
such a civil action without prepayment of the filing fee unless, 
in addition to the in forma pauperis application and affidavit 
required by the Maine Rules of Civil Procedure, Rule 91, that 
person submits a certified copy of the 'aei;l,it.y general client 
account 
statement 
for 
that 
person 
for 
the 
6-month 
period 
immediately 
preceding 
the 
filing 
of 
the 
action 
or 
appeal, 
obtained from the appropriate official of each facility at which 
that person is or was confined. 
3. 
Full payment of filinq fee required; initial partial 
filinq fee. 
Notwithstanding subsection 2, the person shall pay 
the full amount of the filing fee. 
The court shall assess the 
person's financial status and, when funds exist, collect as a 
partial payment of the filing fee an initial partial filing fee 
of 20% of the greater of: 
Page l-LR30l2(2) 
COMMITTEE AMENDMENT 
fc';~k 
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COMMITTEE AMENDMENT .. /+ .. to H.P. 1324, L.D. 1884 
A. 
The average monthly deposits to the peEsefl.!s--f..a.e.il-it.y 
general client account 
credited to 
the 
person for 
the 
6-month period 
immediately preceding the 
filing of 
the 
action or appeal; or 
B. 
The average monthly balance in the 
peEseR.!s--~aeil-it.y 
general client account for the person for the 6-month period 
immediately preceding the filing of the action or appeal. 
4. 
Payments from account. 
After payment of the initial 
partial filing fee, the person shall make monthly payments of 20~ 
of the preceding month's deposits to the general client account 
credited to the 
peI'SeR.!.s-..f-ao-i-J..4..t.~-aeeeliRt. person. 
The facility 
having custody of the person shall forward monthly payments from 
the account to the clerk of the court each time the amount in the 
account for the person exceeds $10 until the filing fee is paid 
in full.' 
Further amend the bill by striking out all of section 8 
(page 5, lines 30 to 44 in L.D.) and inserting in its place the 
following: 
'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 1, upon 
presentation of an affidavit under Title 18-A, section 3-1201, 
the chief administrative officer shall pay the balance of any 
deposit left by a decedent in the eHeRt..!.s department's general 
client account or telephone call account 
at.--a---e~-£-e€-t:.-i~--el' 
Qet.eBt;ieB-.fa€,il,i~y and deliver the decedent's personal property 
to the e;b:i:eBt..!.s decedent's successor under Title 18-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 deposits in the e;bieBt.s~-aeeeliRt. accounts and-the 
personal 
property 
remal.nl.ng 
in 
the 
custody 
of 
the 
chief 
administrative officer at the time the affidavit is presented.' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill 
letter 
by relettering 
or 
section 
SUMMARY 
or renumber ing any 
number 
to 
read 
This amendment makes the provisions for deductions from a 
prisoner's 
account 
for 
the 
payment 
of 
court 
filing 
fees 
consistent with the changes proposed in the bill for deductions 
for the payment of fines and restitution. 
FISCAL .\OTE REQuIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/27/06 :;t;pac:.. 
LD 1884 
LR 3012(02) 
An Act to Improve the Prisoner Telephone System 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
The Department of Corrections may incur minor costs to administer the provisions of this legislation. 
LR3012(2) - Fiscal Note - Page 1 of 1