An Act To Create a Family Ombudsman in the Judicial Branch and the Department of Corrections
Maine Legislature, Session 125, LD 1272
Committee: Judiciary
Sponsors: HOBBINS, GERZOFSKY, DRISCOLL, FITTS
Amends: 4 MRSA §17, 34-A MRSA §1214-A, 34-A MRSA §1403

Legislative Document 
No. 1272 
S.P. 393 
In Senate, March 23, 2011 
An Act To Create a Family Ombudsman in the Judicial Branch and 
the Department of Corrections 
Reference to the Committee on Judiciary suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator HOBBINS of York. 
Cosponsored by Senator: GERZOFSKY of Cumberland, Representatives: DRISCOLL of 
Westbrook, FITTS of Pittsfield, McKANE of Newcastle. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §17, sub-§16, as amended by PL 1993, c. 675, Pt. C, §8, is 
further amended to read: 
16.  Report on out-of-state travel.  Submit to the joint standing committee of the 
Legislature having jurisdiction over appropriations and financial affairs a quarterly report 
on out-of-state travel activity of the Judicial Department.  The report must be submitted 
within 15 days after the end of each quarter and must include, for each individual who 
has been authorized to travel, the destination, purpose and cost by funding source of each 
trip; and 
Sec. 2.  4 MRSA §17, sub-§17, ¶C, as enacted by PL 1993, c. 675, Pt. C, §9, is 
amended to read: 
C.  The statement on proposed legislation prepared by the State Court Administrator 
must be considered in the preparation of the fiscal note included in a committee 
amendment or other amendment if the legislation or amendment has a fiscal impact 
on the judicial system, as determined by the State Court Administrator.; and 
Sec. 3.  4 MRSA §17, sub-§18 is enacted to read: 
18.  Appoint a family ombudsman.  Appoint a member of Judicial Department 
personnel as a family ombudsman, referred to in this section as "the ombudsman," to 
serve as an intermediary between the court system and the accused and their families.  
The ombudsman shall: 
A.  Respond to requests for information and assistance from the accused and their 
families; 
B.  Subject to other provisions of law governing its availability, provide information 
requested by the accused and their families when information cannot be or is not 
provided by court personnel or judges; 
C.  Serve as an intermediary between the accused and court personnel, and between 
family members of the accused and court personnel and judges, with respect to 
complaints and information requests affecting the family members of the accused that 
cannot be resolved with court personnel; 
D.  Establish a volunteer program under which volunteers are selected by the 
ombudsman to assist the ombudsman in carrying out the responsibilities under this 
subsection; and 
E.  Perform the duties of ombudsman in an unbiased manner. 
Sec. 4.  34-A MRSA §1214-A is enacted to read: 
§1214-A.  Family ombudsman 
1.  Establishment.  The position of the family ombudsman is established within the 
department to act as an intermediary between prisoners and their families, and between 
prisoners and their families and the department. 
2.  Appointment.  The commissioner shall appoint the family ombudsman, referred 
to in this section as "the ombudsman," as provided in section 1403, subsection 2. 
3.  Duties.  The ombudsman shall respond to requests for information and assistance 
from prisoners and their families and shall: 
A.  Subject to other provisions of law governing its availability, provide information 
requested by prisoners and their families when the information cannot be or is not 
provided by prison officials; 
B.  Serve as an intermediary between prisoners and prison officials, and between the 
families of prisoners and prison officials, with respect to complaints and information 
requests affecting those families or prisoners that cannot be resolved with prison 
officials; 
C.  Act as an information source regarding the rights of prisoners and their families; 
D.  Immediately report to the commissioner or an associate commissioner when a 
prisoner or the family of a prisoner reports abuse or neglect of the prisoner resulting 
in harm to the prisoner. 
The ombudsman shall perform the duties of the position in an unbiased manner. 
4.  Volunteer program.  The ombudsman shall establish a volunteer program and 
shall select volunteers to assist in carrying out the responsibilities under this section. 
Sec. 5.  34-A MRSA §1403, sub-§2, ¶D is enacted to read: 
D.  The commissioner shall appoint a member of department personnel as the family 
ombudsman to perform the duties set forth in section 1214-A. 
SUMMARY 
This bill creates a family ombudsman in both the court system and the Department of 
Corrections.  The bill: 
1.  Directs the State Court Administrator to appoint a member of court system 
personnel as the family ombudsman for the court system to act as an intermediary 
between the accused and their families and court officials; and 
2.  Directs the Commissioner of Corrections to appoint a member of the department 
as the family ombudsman for the corrections system to act as an intermediary among 
prisoners, their families and the Department of Corrections.