An Act To Improve the Management and Safety of State Correctional Facilities
Maine Legislature, Session 122, LD 1360
Committee Amendment CA_B_H598 (House)
Amends: 17-A MRSA §760, 17-A MRSA §1256, 34-A MRSA §3032

Clerk of 
COMMITTEE AMENDMENT ·B" 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 MRSA §760 is enacted to read: 
§76Q. 
Failure to re.port sexual assault of person in custody 
1. 
A member of the staff of a hospital ( 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 Quilty of failure to 
report a sexual assault of a person in custodv. 
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, §l, 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 
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Page I-LR0366(3) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT :b .. to H.P. 943, L.D. 1360 
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committed while in execution of any term of im~risonment or of an 
attem~t to commit a crime while in execution of any term of 
im~risonment, 
the 
sentence 
is 
not 
concurrent 
with 
~he any 
undischarged 
~erms ~ 
of imprisonment. 
The court may order 
that 
~he ~ 
undischarged 
~erms term 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 39 
in L.D.) 
by inserting after the 
following: 
"facility" the following: 
'who is designated by the 
sheriff or jail administrator of that county jail or 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: 
5-B_ 
MoDet~ sanctions-
The 
imposition 
of 
monetary 
sanctions at adult correctional facilities is subject to the 
following conditions. 
A. 
When a monetary sanction is 
im~osed at a facility. a 
prisoner who is subject to that monetary sanction and who is 
able to generate money shall pay 25% of that money to the 
facility where 
the monetary 
sanction 
was 
im~osed. 
The 
facility shall collect that money and a~~ly it to defray the 
cost of holding disci~linary hearings. 
B. 
A 
~risoner who 
is transferred to 
another facility 
remains liable for any monetary sanction authorized under 
COMMITTEE AMENDMENT 
.. " 
~~ 
COMMITTEE AMENDMENT ,~, to H.P. 943, L.D. 1360 
this chapter. 
The facility 
rece~v~ng 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 
defrey 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 
reguired 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 
nonconsecutive 
Part 
consecutively. 
bill by 
letter 
relettering 
or 
section 
SUMMARY 
or renumbering 
number 
to 
any 
read 
This amendment is the minority report of the Joint Standing 
Committee on Criminal Justice and Public Safety and makes the 
same changes as the majority report except that it does not 
strike sections 
and 
of 
the bill, 
which 
repeal 
the 
requirement that the Commissioner of Corrections 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 amendment retains 
this language, which 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 ~ae 
LD 1360 
LR0366(03) 
An Act To Improve the Management and Safety of State Correctional Facilities 
Fiscal Note for Bill as Amended by Committee Amendment :,:8, 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Minority 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 fmes 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 detennined at this time. 
LR0366(3) - Fiscal Note - Page 1 of 1