An Act To Ensure Humane Treatment for Special Management Prisoners
Maine Legislature, Session 124, LD 1611
Committee Amendment CA_A-SA_A_S518 (Senate)

SENATE AMENDMENT ,A " to COMMITTEE AMENDMENT "A" to H.P. 
1139, L.D. 1611, Bill, "An Act To Ensure Humane Treatment for Special Management 
Prisoners" 
Amend the amendment by striking out the substitute title and replacing it with the 
following: 
'Resolve, Regarding the State's Policy of Secure and Humane Use of Segregation in 
Correctional Facilities and Establishing a Policy and Procedure Review Process' 
Amend the amendment by striking out all of sections I and 2 (page I, I ines 17 to 3 I 
in amendment) and inserting the following: 
'Sec. 1. Policy of secure and humane use of segregation. Resolved: That 
the working group under section 2 shall review the policy described in this section. Tn 
order to provide a safe, secure and humane correctional environment that meets primary 
security objectives while promoting inmate rehabilitation, it is the policy of this State to 
employ segregation sparingly when needed to protect inmates and prison personnel from 
anticipated harm from dangerous inmates or to protect inmates from themselves. It is the 
pol icy of the State that such segregation is carried out in a manner consistent with efforts 
to preserve inmates' physical and mental health and to enable opportunities for the 
inmates' future progress; and be it further 
Sec. 2. Working group. Resolved: That the Director of the Office of Program 
Evaluation and Government Accountability shall convene a working group, referred to in 
this resolve as "the working group," and invite the following members to attend: 
I. A member of a group that advocates for inmate rights, recommended by that 
group; 
2. A person who holds an advanced degree in psychology and has studied the effects 
of long-term solitary confinement, recommended by a group that advocates for inmate 
rights; 
3. 
An attorney who has expertise in due process procedures and inmate rights, 
recommended by a group that advocates for inmate rights; 
Page I - 124LR2289(09)-1 
SENATE AMENDMENT 
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SENATE AMENDMENT ,A "to COMMITTEE AMENDMENT "A" to H.P. 1139, L.D. 1611 
4. 
A former inmate who has experienced long-term solitary confinement, 
recommended by a group that advocates for inmate rights; 
5. 
A member of a un ion representing guards and other prison employees, 
recommended by the union; 
6. The Commissioner of Corrections and up to 2 employees of the Department of 
Corrections, appointed by the commissioner; and 
7. 
The Director of the Office of Program Evaluation and Government 
Accountability; and be it further 
Sec. 3. Chair. Resolved: That the Director of the Office of Program Evaluation 
and Government Accountability shall serve as chair at the first meeting of the working 
group. At that meeting the members shaIl take a vote and elect a chair; and be it further 
Sec. 4. Duties. Resolved: That the working group shall review the policy of 
secure and humane use of segregation as set forth in section I, depalimental policies, 
rules and practices related to the placement of special management inmates and the 
availability of resources and data specific to this State including the following: 
I. 
How policies relating to the amount of time inmates may spend in special 
management are implemented and the factors that may affect consistent application of 
these policies; 
2. The current role of advocates for inmates in the review and assessment process 
relating to special management and determinations to terminate or continue special 
management; 
3. The funding of mental health treatment options and appropriate facility design and 
whether the implementation of special management policies is affected by the availability 
of these and other resources; and 
4. lnfonnation relating to the number of inmates in special management, their release 
to the community, recidivism rates, mental health status, whether they are incarcerated 
for violent or nonviolent offenses, whether English is their primary language, repeated 
confinements and other factors that may be useful in evaluating the implementation of 
these pol icies over the past 5 years; and be it further 
Sec. 5. 
Staffing. 
Resolved: 
That staffing for the working group must be 
provided by the Office of Program Evaluation and Government Accountability; and be it 
further 
Sec. 6. Recommendations and report by working group. Resolved: That 
the working group shall provide an interim report to the joint standing committee of the 
Legislature having jurisdiction over corrections matters by November 15, 20 I 0, which 
must include the data collected under section 4 and any initial findings and 
recommendations relating to whether the State's policy of secure and humane use of 
segregation is consistently applied. Any resources, policies and procedures that may be 
necessary to fully implement this policy in a consistent manner throughout the State's 
correctional facilities must also be included in the report. 
The working group shall 
identify any additional information or resources that may be needed to complete its 
review and shall provide a final report including any policy or legislative changes to the 
SENA TE AMENDMENT 
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SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to H.P. 1139, L.D. 1611 
joint standing committee of the Legislature having jurisdiction over corrections matters 
by December 15, 2011; and be it fUliher 
Sec. 7. 
Appropriations and allocations. 
Resolved: 
That the following 
appropriations and allocations are made. 
CORRECTIONS, DEPARTMENT OF 
Administration - Corrections 0141 
Initiative: Provides one-time funds for the Department of Corrections to contract for 
assistance in providing the records review and data collection that are expected from the 
working group's review of the placement of certain prisoners. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2009-10 
$0 
$0 
2010-11 
$10,000 
$10,000 
This amendment replaces the review of policies related to placement of special 
management inmates provided in Committee Amendment "A" with a requirement that the 
Director of the Office of Program Evaluation and Government Accountability convene a 
working group to review the policy of secure and humane use of segregation as set forth 
in this amendment and departmental policies, rules and practices related to the placement 
of special management inmates. The amendment requires the working group to provide 
an interim report to the joint standing committee of the Legislature having jurisdiction 
over corrections matters by November 15,2010 and a final repoli including any 
suggested legislation to the committee by December 15, 20 II. 
ft also adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: ~~~ 
(Senator NUTTIN , .) 
COUNTY: Androscoggin 
SENA TE AMENDMENT 
Approved: 04/05/10 Mac. 
LD 1611 
LR 2289(09) 
An Act To Ensure Humane Treatment for Special Management Prisoners 
Fiscal Note for Senate Amendment "A" to Committee Amendment" A" 
Sponsor: Sen. Nutting of Androscoggin 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$0 
$0 
2010-11 
$10,000 
$10,000 
Projections 
2011-12 
$0 
$0 
Projections 
2012-13 
$0 
$0 
The Department of Corrections will require a one-time General Fund appropriation of $1 0,000 to contract for 
assistance in providing the records review and data collection and analysis that is expected from the working group's 
review of the placement of certain prisoners. The additional costs of the working group created by this amendment 
can be absorbed by the Office of Program Evaluation and Government Accountability utilizing existing budgeted 
resources. 
LR2289(09) - Fiscal Note - Page I of I 
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