An Act To Amend the Laws Relating to the Department of Corrections
Maine Legislature, Session 124, LD 0631
Sponsors: BURNS
Amends: 17-A MRSA §2, 17-A MRSA §15, 17-A MRSA §1152, 17-A MRSA §12041, 17-A MRSA §1256, 17-A MRSA §1266, 25 MRSA §280, 26 MRSA §962, 26 MRSA §979-A, 28-A MRSA §2, 34-A MRSA §1001, 34-A MRSA §1405, 39-A MRSA §102, 39-A MRSA §203

MAINE STATE LEGISLATURE 
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D'l~\ TE UHN Ut)E~:t{ , , 
AUGUSTA; f~AJPJE 
124th MAl E LEGISLATURE 
Legislative Document 
No. 631 
HouseofRepresentatives, Febmary 19,2009 
An Act To Amend the Laws Relating to the Department of 
Corrections 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Reference to the Committee ort Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BURNS of Whiting. 
Cosp<?nsored by Senator DAVIS of Cumberland and 
~~d:: 1/1. m!1C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DAVIS of Sangerville, JOHNSON of Greenville, LEWIN of Eliot, 
SA VIELLO of Wilton, SHAW of Standish, TILTON of Harrington, WHEELER of Kittery. 
Prinlct..I on· recycled pQ.pcr 
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~:B~ it enacted by the People oftheState of Maine as follows: . 
Sec.!. 17-A MRS A §2, sub-§3-C is enacted to read: 
3-C. Adult probation supervisor. "Adult probation supervisor" means any person 
who: 
A. Is an employee of the Depmiment of Corrections; 
B. Supervises adult probation officers; and 
C. Is trained, qualified and authorized by the Commissioner of Corrections to use 
deadly force. 
Sec. 2. 17-A MRSA §2, slllb-§17, ·as amended by PL 1989, c. 1-13, §2, is further 
amended to read: 
17. 
"Law enforcement officer" means any person who by virtue of public 
employment is vested by law with a duty to maintain public order, to prosecute offenders, 
to make arrests for crimes whether that duty extends to all crimes or is limited to specific 
crimes, to perfonn probation functions or to perform intensive supervision functions or 
who is an adult probation supervisoL 
Sec. 3. 17-A MRSA §15, slllb-§l, ~A, as amended by PL 2007, c. 518, §4, is 
further amended to read: 
A. Any person who the officer has probable cause to believe has committed or· is 
committing: 
(1) Murder; 
(2) Any Class A, Class B or Class C crime; 
(3) Assault while hunting; 
(4) Any offense defined in chapter 45; 
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably 
believes that the person may cause injury to others unless immediately arrested; 
(5-A) 
Assault, criminal threatening, terrorizing, st~tlking, criminal mischief, 
obstructing the repOli of a crime or injury or reckless conduct if the officer 
. reasonably believes that the person and the victim an~ family or household 
members, as defined in Title 19-A, section 4002, subsection 4; 
(5-B) . Domestic violence assault, domestic violence· criminal threatening, 
domestic violence terrorizing, domestic violence stalking or domestic violence 
reckless conduct; 
(6) Theft as defined in section 357, when the value of the services is $1,000 or 
less if the officer reasonably believes that the person will not be apprehended 
unless immediately arrested; 
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(7) 
Forgery, if the officer reasonably believes that the person will not be 
apprehended unless immediately arrested; 
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(8) Negotiating a worthless instrument if the -officer reasonably believes that the 
person will not be apprehended unless immediately arrested; 
(9) A violation of a condition of probation when requested by a probation officer 
or juvenile community corrections officer; 
(10) Violation of a condition of release in violation of Title 15, section 1026, 
subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, 
subsection 2; and Title 15, section 1092; 
(11) Theft involving a detention under Title 17, section 3521; 
(12) Harassment, as set forth in section 506-A; 
(13) 
Violation of a protection order, as specified in Title 5, section 4659, 
subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, 
subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, 
subsection 3; and Title 19-A, section 4012, subsection 5; 
(14) 
A violation of a sex offender registration provision under Title 34-A, 
chapter 15; 
(15) A violation of a requirement of administrative release when requested by the 
attorney for the State; 
(16) A violation of a condition of supervised release for sex offenders when 
requested by a probation officer; 6f 
(17) A violation of a court-imposed deferment requirement of a deferred 
disposition when requested by the attorney for the State; aHd 
(I 8) 
A violation of a condition of release as provided in Title 15, section 
3203-A, subsection 9; 
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(19) A violation of a condition of supervised community confinement granted 
pursuant to Title 34-A, section 3036-A when requested by a probation officer; 
(20) .A violation of a condition of placement on community reintegration status 
granted pursuant to Title 34-A, sections 3810 and 4112 when requested by a 
juvenile community corrections officer; or 
(21) A violation of a condition of furlough or other rehabilitative program 
authorized under Title 34-A, section 3035 when requested by a probation officer 
or juvenile community corrections officer; and 
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Sec. 4. 17-A MRSA §1152, sub-§4, as amended by PL 1981, c. 493, § 101 and 
PL 2003, c. 689, Pt. B, §6, is further amended to read: 
4. 
The provisions of this chapter 5hal-l do not deprive the court of any authority 
conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a 
person from office or impose any other civil penalty. An appropriate order exercising 
such authority may be included as part of the judgment of conviction. Nor shall this This 
chapter does not deprive the Department of Health and Human Services Corrections of 
any authority to grant furloughs and work releases or to transfer persons from one facility 
to another. 
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Sec. 5. 17-A, M~SA §1202, slI.lb-§l-B, as repealed and replaced .by PL 2003, c. 
657, §8, is amended to read: 
I-B. 
Notwithstanding subsection 1, if the State pleads and proves' that the 
enumerated Class D or Class E crime was committed by the person against a family or 
household member, and if the court orders the person to complete a certified batterers' 
intervention program as defined in Title 19-A, section 4014, the person .may be placed on 
probation for a period not to exceed 2 years, except that the term of probation must be 
terminated by the court when the probationer has served at least one year of probation, 
has completed the certified batterers' intervention program, has paid in full any victim 
restitution ordered and, from the time the period of probation commenced until the 
motion for termination is heard, has met all other conditions of probation. 
A. 
As used in this subsection, the following definitions apply. 
(1) "Enumerated Class D or Class E crime" means any Class D crime in chapter 
9, any ClassD or Class E crime in chapter 11, the Class D crimes described in 
sections 302 and 506-B and the Class D crimes described in sections 554; 555 
and 758. 
(2) "Family or household member" has the same meaning as in Title 19-A, 
section 4002, subsection 4. 
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B.· Termination under this subsection requires ajudicial finding that the probationer 
has served at least one year of probation, has successfully completed a certified 
batterers' intervention program,' has paid in full any victim restitUtion ordered and, 
from the time the period of probation commenced until the motion for termination is 
heard, has met all other conditions of probation. 
Sec. 6. 17-A MRSA §12041, sUllb-§l-A, as amended by PL 2005, c. 389, §2, is 
further amended to read: 
I-A. 
The court shall attach as a condition of probation that the convicted person 
pay, through the Department of Corrections, a supervision' fee of between $10 and $50 
per month, as determined by the court. for the term 'of probation. The supervision fee is 
$10 per month unless the court sets a higher amount, not to exceed $50 per month. 
Notwithstanding the attachment of supervision fee conditions on more than onesenterice, 
a person on probation on concurrent sentences is required to pay only one supervision 
fee. In determining the amount of the fee whether to set an amount higher than $10 per 
month, the court shall take into account the financial resources of the corivicted person 
and the nature of the burden its payment imposes. A person may not be sentenced to 
imprisonment without probation solely for the reason the person is not able to pay the fee. 
When a person on probation fails to pay the supervision fee, the court may revoke 
probation as specified in section 1206, unless the person shows that failure to pay was not 
attributable to a willful refusal to payor to a failure on that person's part to make a good 
faith effort to obtajn the funds required for the payment. The court; if it determines that 
revocation of probation is not warranted, shall issue a judgment' for the total amount of 
the fee and shall issue an order attaching a specified portion of money received by or 
owed to the person on probation until the total amount of the fee has been paid. If the 
person makes this showing, the court may allow additional time for payment within the 
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remaining period of probation or reduce the size of the fee to as low as $10 per month, 
but may not ,revoke ,the requirement: to pay, the ,·fee·unless, 'the remaining period of 
probation is 30 days or less. 
Sec. 7. 17-A MRSA §1256, sub-§l-A, as enacted by PL 1985, c. 821, §14, is 
amended to read: 
I-A. 
Subsection 1 shall apply applies to prisoners 6n intensive supervIsIOn or 
supervised community confinement pursuant to Title 34-A, section 3036-A. Gthef 
' offenGes committed by a prisoner on intensive superyision for 'Nhieh the sentence is to the 
Denartment of Corrections shall be !!overned bv section 1266. 
Sec; 8. 17-A MRSA §1266, as enacted by PL 1985, c. 821, §15, is repealed. 
Sec. 9. 25 MRSA §280i-B, sub-§l, as amended by PL 2005, c. 519, Pt. XXX, 
§3, is further amended to read: 
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1. Exemption. The training standards and requirements of section 2803-B do not 
applYto a person defined by this chapter as a law enforcement officer who is: 
A. An employee of the Department of Corrections with a duty to perform probation 
functions or to perform intensive supervision functions who is an adult probation 
supervisor as defined in Title 17-A, section 2, subsection 3-C or an investigative 
officer as described in Title 34-A, section 3011; 
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B. An ag'ent or a representative of the Department of Conservation, Bureau of Parks 
and Lands whose law enforcement powers are limited to those specified in Title 12, 
section 1806; 
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C. 
An agent or a representative of the Department of Conservation, Bureau of 
Forestry whose law enforcement powers are limited to those specified by Title 12, 
section 8901, subsection 3; 
E. A harbor master; 
F. A municipal shellfish conservation warden; 
G. A security officer appointed by the Commissioner of Public Safety pursuant to 
section 2908; 
H. The State Fire Marshal; 
J. A state judicial marshal or state judicial deputy marshal; , 
K. A contract officer appointed by the Commissioner of Public Safety pursuant to 
Title 28-A, section 82-A; or 
L. A transport officer. 
This exemption does not include training requirements set out in this chapter that are 
specific to the positions identified in this subsection or, in the case of an investigative, 
officer as described in Title 34-A, section 3011, training requirements set out in'this 
chapter other than those of section 2803-B. 
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Sec. 10. 26 MRSA §962, snb-§.6, ~, as enactec;l by PL 19S9~ c. 654~ §2 and 
affected by § 13, is amended to read: 
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H. Who is a prisoner employed by a public employer during the prisoner's term of 
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imprisonment, except for prisoners who are in f! work release program or on intensive 
supervision programs under Title 17 -A, section 12610i- supervised community 
confinement pursuant to Title 34-A, section 3036-A, 
Sec. U. 26 MRSA §979-A, suh-§6, 1K, as amended by PL 1997, c. 773, §3 and 
affected by §§7 and 8, is further amended to read: 
K. Who is a prisoner employed by a public employer during the prisoner's term of 
imprisonment, except for prisoners who are in f! work release program or on intensive 
supervision programs under Title 17 -A, section 1261 or supervised community 
confinement pursuant to Title 34-A, section 3036-A. 
Sec. 12. 28-A MRSA §2, sulb-§13-A, as enacted by PL 1993, c. 730, §8, IS 
amended to read: 
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13-A. Law enforcement officer. "Law enforcement officer" means any person who 
by virtue of public employment is vested by law with a duty to maintain public order, to 
. prosecute offenders, to make arrests for crimes whether that duty extends to all crimes or 
is limited to specific crimes, to 'perform probation functions ami or to perform intensive 
supervision functions or who is an adult probation supervisor as defined in Title 17-A, 
section 2, subsection 3-C. 
Sec. 13. 34-A MRSA §1001, sllllb",§14, as repealed and replaced by PL 1991, c. 
314, §7, is amended to read: 
14. 
Prisoner. "Prisoner" means an adult person sentenced and committed to, 
transferred to or detained in the custody of the department, including, where the context 
indicates, a person under intensive supervision or on supervised community confinement. 
Sec. 14. 34-A MRSA §1405, sllllb-§l, as enacted by PL 2007, c. 653, Pt. A, §29, 
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is amended to read: 
1. Transfer. The commissioner may transfer any adult inmate, pretrial whether 
detained pending a trial or other court proceeding or sentenced, from one county jail to 
another or between a county jail and a correctional facility; 
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Sec. 15. 34 .. :A MRSA §3011, sub-§l, as amended by PL 2007, c. 102, §8, is 
further amended to read: 
1. Exercise 'of law enforcement powers. Investigative officers who are certified by 
the Board of Trustees of the Maine Criminal Justice Academy as law enforcement· 
officers may exercise the powers of other law enforcement officers with respect to 
offenses relating to the security or orderly management of a facility or community 
program administered by the department, if authorized to exercise these powers by the 
commissioner. Investigative officers may issue administrative subpoenas with respect to 
offenses relating to the security or orderly management of a facility administered by the 
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department,if authorized to exercise these powers by the COImmSSlOner and by the 
Attorney General or the Attorney General's designee. 
Investigative officers may not 
exercise law enforcement or subpoena powers against other pmployees of the department. 
These powers are in addition to any powers the officers may otherwise have as employees 
of the department. 
Internal investigations of employees of the department must be 
conducted pursuant to any applicable collective bargaining agreement. 
Sec. 16. 39-A MRSA §102, sub-§l1, ~, as enacted by PL 1991, c. 885, Pt. A, 
§8 and affected by §§9 to 11, is amended to read: 
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"Employee" does not include any person who is a sentenced prisoner in actual 
execution of a term of incarceration imposed in this State or any other jurisdiction for 
a criminal offense, except in relation to compensable injuries suffered by the prisoner 
during incarceration and while the prisoner is: 
(I) A prisoner in a county jail under final sentence of 72 hours or less and is 
assigned to work outside of the county jail; 
(2) Employed by a private employer; 
(3) Participating in a work release program; 
(4) 
Sentenced to imprisonment with intensive supervision under Title 17-A, 
section 1261; 6f 
(5) Employed in a program established under a certification issued by the United 
States Department ofJustice under 18 United States Code, Section 1761 ';'~ 
(6) Employed while in a supervised community confinement program pursuant 
to Title 34-A, section 3036-A. 
Sec. 17. 39-A MRSA §203, sub-§l, ~C, as enacted by PL 1991, c. 885, Pt. A, §8 
a,nd affected bY,§§9 to 11, is amended to read: 
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C. 
Sentenced to imprisonment with intensive supervision under Title 17-A, section 
1261; 6f 
Sec. 18. 39:-A MRSA §203, sub-§I, EjJD, as enacted byPL 1991, c. 885,Pt. A, §8 
and affected by §§9 to 11, is amended to read: ' 
D. 
Employed in a program established under a certification issued by the United 
States Department of Justice under 18 United States Code,: Section 1761 ';'~ 
Sec. 19. 39-A MRSA §203, sub-§I, ~ 
is enacted to read: 
E. Employed while in a supervised community confinement program pursuant to 
Title 34-A, section 3036-A. 
SUMMARY 
This bill makes changes to the laws relating to t~e Department of Corrections. 
1. It adds adult probation supervisors to definitions of "law enforcement officer" for 
the purposes of the Maine Criminal Code and the State's liquor laws. 
2. It provides that pursuant to the Maine Criminal Code, a police officer may make a 
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warrantless arrest of a j1,Ivenile who violates a condition of release, as is presently 
provided 'in the Maine Juvenile Code, and adds authority for police officers to arrest 
without a warrant other persons who violate conditions of supervision by the Department 
of Corrections. 
3. It changes a reference from the Depa11ment of Health and Human Services to the 
Department of Corrections. 
4. It clarifies the provision requiring termination of probation for' a person who has 
completed a certified batterers' intervention program. 
5. It sets a default monthly probation supervision fee of $10 when a court fails to 
specify an amount. 
6. It exempts investigative officers of the Department of Corrections from. certain 
training standards and requirements. 
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7. It amends the provision permitting the Commissioner of Corrections to transfer 
prisoners between facilities. 
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8. 
It eliminates the prohibition on the Dep811ment of Corrections' investigative 
officers exercising power against.other employees of the d~partment. 
9. It ihdudes prisoners on supervised community confinement in the laws governing 
. multiple sentences of imprisonment. 
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10. It repeals the Maine Revised Statutes, Title 17-A, section 1266, which governs 
the sentence for a crime committed by a prisoner on intensive supervision, because it is 
no longer necessary due to changes in the language of Title 17-A, section 1256 since 
section 1266 was enacted. 
11. It allows prisoners who.are in the community under· the supervised community 
confinement program to be able to collect workers' compensation benefits. 
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