An Act !'o' Ensure Humane Treatment for Special Management Prisoners
Maine Legislature, Session 124, LD 1611
Committee Amendment CA_A-HA_A_H820 (House)
Amends: 34-A MRSA §1406

HOUSE AMENDMENT" f}" to COMMfTTEE AMENDMENT "A" to H.P. 1139, 
L.D. 1611, Bill, "An Act !'o' Ensure Humane Treatment for Special Management 
Prisoners" 
Amend the amendment by striking out all of the first indented paragraph after the title 
(page 1, line 11 in amendment) 
Amend the amendment by striking out all of the substitute title (page I, lines 12 to 14 
in amendment) 
Amelld the amendment by striking out all of sections 1 and 2 and inseliing the 
following: 
'Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-A MRSA §1406 is enacted to read: 
§.1406. 
Minimum standards govemillg the humane treatment of special 
management pl"isoners 
The commiSSIOner shall ensure that special management prisoners are treated in 
accordance with the minimum standards for humane treatment established in this section. 
1. Definitions. As used in this section, unless the context othervv'ise ind ieates, the 
following terms have the following meanings. 
A. "Inmate with a serious mental illness" means: 
(1) An inmate found to have current symptoms of or who is currently receiving 
treatment for the following diagnosis: 
(a) Schizophrenia; 
(b) Delusional disorder; 
ee) Schizophreniform disorder; 
(d) Schizoaffective disorder; 
(e) Brief psychotic disorder; 
Page I - 124LR2289(04)-1 
HOUSE AMENDMENT 
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HOUSEAMENDMENT"~;' to COMMITTEE AMENDMENT "A" to H.P. 1139, L.D. 1611 
CD 
Substance-induced psychotic disorder, excluding intoxication and 
withdrawal; 
(g) Psychotic disorder not otherwise sp-ecified; 
(h) Major depressive disorder; or 
(i) Bipolar disorder; 
(2) An inmate diagnosed with a mental disorder that includes being actively 
suicidal; 
(3) 
An inmate diagnosed with a serious mental illness that is frequently 
characterized by breaks with or perceptions of reality that result in significant 
functional impairment; 
(4) An inmate diagnosed with an organic brain syndrome that would result in a 
significant functional impairment if not treated; 
(5) An inmate diagnosed with a severe personality disorder that is characterized 
by frequent episodes of psychosis or depression and results in significant 
functional impairment; or 
(6) An inmate diagnosed with mental retardation with sign ificant functional 
impairment. 
B. "Special management prisoner" means a prisoner housed in a special management 
unit. 
C. "Special management unit" means a high-security linit within a prison facility that 
houses a prisoner assigned by the commissioner to a high-risk management status, an 
administrative segregation status or a disciplinaty segregation status. 
2. Removal of inmate with seriolls mental illness. The department shall divert or 
remove an inmate with a serious mental illness from confinement in a special 
management unit when such confinement could last for a period in excess of one week .. 
Nothing in this subsection may prevent the disciplinary process from proceeding in 
accordance with department rules for disciplinary hearings. 
3. Listing of special management prisonel's. The commissioner shall maintain a 
current list of all special management prisoners that includes the date of confinement in 
the special management unit, the date of the last annual review conducted p-ursuant to 
subsection 4, the date of the last mental health evaluation, the reasons for placement in 
the special management unit and, in a case in which a prisoner has been housed in that 
unit for more than 60 days, a written statement of the criteria relied upon to support that 
extended confinement. The commissioner shall provide the board of visitors for each 
correctional facility appointed under section 3001-A, the State Board of Corrections and 
the joint standing committee of the Legislature having jurisdiction over corrections 
matters a copy of the list on a quarterly basis. 
4. 
Annual I·eview. 
The State Board of Corrections shall annually conduct a 
comprehensive review of the policies, standards and treatment of special management 
prisoners to determine the effectiveness of those policies and standards and the degree to 
HOUSE AMENDMENT 
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I-lOUSE AMENDMENT,fi" to COMMITTEE AMENDMENT "A" to [-I.P. 1139, L.D. 1611 
which the treatment of special management prisoners compl ies with this section. The 
State Board of Corrections shall annually repoli its findings under this subsection to the 
joint standing committee of the Legislature having jurisdiction over corrections matters.' 
SUMMARY 
This amendment removes the review of policies related to placement of special 
management prisoners provided in Committee Amendment "A". 
The amendment 
requires the Department of Corrections to divert or remove an inmate with a serious 
mental illness, as defined in the amendment, from confinement in a special management 
un it when such confinement could last for a period in excess of one week and states that 
this provision may not prevent the disciplinary process from proceeding in accordance 
with depaliment rules for disciplinary hearings. 
The amendment also requires the Commissioner of Corrections to maintain a current 
list of all special management prisoners and, when a prisoner has been retained for more 
than 60 days in one or more of the units of the special management unit, to also maintain 
'a written statement of the criteria relied upon to support that extended confinement. The 
comm issioner shall provide the boards of visitors, the State Board of Corrections and the 
joint standing committee of the Legislature having jurisdiction over corrections matters a 
copy of the list on a quarterly basis. 
The amendment further requires the State Board of Corrections to annually conduct a 
comprehensive review of the policies, standards and treatment of special management 
prisoners to determine the effectiveness of those policies and standards and the degree to 
which the treatment of spe~ial l11at1ff1geme9iJ?risoners complies with the law. The State 
Board of Corrections is redfuired teb' inclJacle i~ findings in an annual report to the joint 
ing jurisdiction over corrections matters. 
SPONSORED BY: ----\t----v----".,-+J------
(Representative 
TOWN: Blue Hill 
FISCAL NOTE REQYJRED 
(SeeA~) 
HOUSE AMENDMENT 
Approved: 04/021 10 Mac. 
LD 1611 
LR 2289(04) 
An Act To Ensure Humane Treatment for Special ManagementPrisoners 
Fiscal Note for House Amendment ,,11, to Committee Amendment "A" 
Sponsor: Rep. Scqatz of Blue Hill 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Fiscal Detail and Notes 
The Department of Corrections will require significant additional General Fund appropriations beginning in fiscal 
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year 2010-11 for the additional costs at the Maine State Prison that result from this bill. Prohibiting a prisoner 
detelmined to be suffering from a serious mental illness from being confined in a special management unit will require 
the depaltment to reassign these prisoners into alternative housing and necessitate the construction of a new close-
security housing unit at the Maine State Prison to house the inmates who are displaced. If the department were 
authorized to issue securities for the construction of a new pod, the debt service on $12,600,000 is estimated to be 
approximately $1,500,000 a year for 10 years. The additional staffing cost associated with the reassignment of 
prisoners to the 2 existing units is estimated to be $3,300,000 annually. The annual cost associated with staffing a 
new 56-bed housing unit is estimated to be $2,600,000 per year. 
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The timing of the General Fund appropriations required by the Department of Corrections will depend on how quickly 
the depmtment will be able to reassign prisoners and the timing of separate legislation authorizing the issuance of 
securities to construct a new housing unit at the Maine State Prison. Therefore, no appropriations are made at this 
time. 
LR2289(04) - Fiscal Note - Page I of I 
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