An Act To ClarifY the Status of Prisoners
Maine Legislature, Session 124, LD 1711
Committee Amendment CA_A_H676 (House)
Amends: 26 MRSA §663

COMMITTEE AMENDMENT "A " to H.P. 1212, L.D. 1711, Bill, "An Act To 
ClarifY the Status of Prisoners" 
Amend the bill by striking out all of section 3 (page 1, lines 13 to 24 in L.D.) and 
inserting the following: 
'Sec. 3. 26 MRSA §663, sub-§3, 'TIL is enacted to read: 
L. 
A 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 a prisoner who is: 
(1) Employed by a private employer; 
(2) PaJiicipating in a work release program; 
(3) Sentenced to imprisonment with intensive supervision under Title 17-A, 
section 1261; 
(4) Employed in a program established under a certification issued by the United 
States Department of Justice under 18 United States Code, Section 1761; 
(5) Employed while in a supervised community confinement program pursuant 
to Title 34-A, section 3036-A; or 
(6) Employed while in a community confinement monitoring program pursuant 
to Title 30-A, sectiol1 1659-A. 
Sec. 4. 39-A MRS A §102, sub-§U, ~, as amended by PL 2009, c. 142, § 17, is 
fUliher amended to read: 
E. "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: 
COMMITTEE AMENDMENT 
· J. S· 
~" 
COMMITTEE AMENDMENT"A" to H.P. 1212, L.D. 1711 
(1) 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; 
(5) Employed in a program established under a celtification issued by the United 
States Department of Justice under 18 United States Code, Section 1761; at' 
(6) Employed while in a supervised community confinement program pursuant 
to Title 34-A, section 3036-A.,;,Q[ 
(7) Employed while in a community confinement monitoring program pursuant 
to Title 30-A, section 1659-A. 
Sec. 5. 39-A MRS A §203, suh-§l, as amended by PL 2009, c. 142, §§ 18 to 20, is 
further amended to read: 
1. Compensation while incarcerated. Compensation for incapacity under section 
or 213 or under any prior workers' compensation laws may not be paid to any person 
during any period of incarceration imposed in this State or any other jurisdiction after 
conviction of a criminal offense, except in relation to compensable injuries suffered 
during incarceration and while the prisoner is: 
A. Employed by a private employer; 
B. Participating in a work release program; 
C. Sentenced to imprisonment with intensive supervision under Title 17-A, section 
1261 ; 
D. Employed in a program established under a certification issued by the United 
States Department of Justice under 18 United States Code, Section 1761; at' 
E. Employed while in a supervised community confinement program pursuant to 
Title 34-A, section 3036-A.~ 
F. A prisoner in a county jail under final sentence of 72 hours or less and is assigned 
to work outside of a county jail; or 
G. Employed while in a community confinement monitoring program pursuant to 
Title 30-A, section 1659-A.' 
SUMMARY 
This amendment adds persons employed while in a community confinement 
monitoring program to the list of persons protected by minimum wage law. It also adds 
this same group to the definition of "employee" in the workers' compensation laws. The 
amendment also conforms a section of workers' compensation law that deals with 
incarcerated individuals to that definition. 
COMMITTEE AMENDMENT 
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