An Act To Expand the Bome-release Monitorinq Proqram for a Person with a TenBinal Illness Further
Maine Legislature, Session 122, LD 0348
Committee Amendment CA_A_H120 (House)
Amends: 30-A MRSA §1659

COMMITTEE AMENDMENT "A" to H. P. 261, L.D. 
Act To 
Expand Supervised Community Confinement 
Person with a Terminal Illne .. s" 
348, Bill, "An 
Options for 
a 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Expand the Bome-release Monitorinq Proqram for a 
Person with a TenBinal Illness' 
Further 
amend the bill by inserting after the enacting 
clause and before section 1 the following: 
'Sec. 1. 30-A MRSA §1659, sub-§8 is enacted to read: 
8. 
Terminally ill inmate. 
The 
sheriff 
may grant the 
privilege of participation in a home-release monitoring program 
to an inmate who does not meet the requirements of subsection 2, 
paragraph D if the jail's treating physician has determined that 
the inmate is terminally ill and that care outside the jail for 
the remainder of the inmate's illness is medically appropriate. 
Except as set out in this subsection, the inmate shall live in a 
hospital or other appropriate care facility, such as a nursing 
facility, 
residential 
care 
facility 
or 
facility that is 
a 
licensed hospice program pursuant to Title 22, 
section 8622, 
approved by the sheriff. 
As approved by the sheriff, the inmate 
may receive hospice services from an entity licensed pursuant to 
Title 22, chapter 1681, subchapter 1 and, subject to approval by 
the sheriff, 
may live at home while receiving these hospice 
services. 
The sheriff may 
exempt an inmate participating in 
Page l-LR0364(2) 
COMMITTEE AMENDMENT 
~: <. 
~,~" 
COMMITTEE AMENDMENT "A" 
H P 
L D 
to .• 
,.. 
home-release monitoring pursuant to this subsection from 
any 
requirements under subsection 3 that the sheriff determines to be 
inapplicable. 
The 
sheriff 
may 
terminate 
an 
inmate's 
participation in a home-release monitoring program under this 
subsection at any time and return the inmate to confinement for 
any reason in the sheriff's discretion. 
Except as set out in 
this subsection, all other provisions of this section apply to 
home-release monitoring pursuant to this subsection.' 
Further amend the bill in section 1 in subsection 10 in the 
9th and 10th lines (page 1, lines 14 and 15 in L.D.) by striking 
out the following: 
"saall-,l:ive must be placed" and inserting in 
its place the following: 
'shall live' 
Further amend the bill in section 1 in subsection 10 in the 
11th line (page 1, line 16 in L.D.) by inserting after the 
following: 
"QI" the following: 
'a facility that is' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering any 
number 
to 
read 
As the bill allows for state prisoners in the supervised 
community 
confinement 
program, 
this 
amendment 
amends 
the 
home-release monitoring program to expand the options for release 
to the community of a county jail inmate who is terminally ill 
when the release is medically appropriate. 
The amendment allows 
a county jail inmate to be transferred to a private residence 
with in-home medical hospice care, subject to approval by the 
sheriff. 
This amendment also makes technical changes to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/28/05 ~ac:. 
LD348 
LR0364(02) 
An Act To Expand Supervised Community Confinement Options for a Person with a Terminal Illness 
." 
Fiscal Note for Bill as Amended by Committee Amendment 'A' 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium savings - General Fund 
Correctional and Judicial Impact Statements 
Although the Department of Corrections has no offenders eligible at this time, allowing terminally ill prisoners to be 
transferred to a private residence with in-home medical hospice care may result in some savings to the department in 
the future. 
LR0364(2) - Fiscal Note - Page 1 of 1