An Act To Amend the Laws Governing the Transfer of Prisoners to Other States
Maine Legislature, Session 125, LD 0690
Committee: Criminal Justice and Public Safety
Sponsors: CHAPMAN
Amends: 34-A MRSA §9404

Legislative Document 
No. 690 
H.P. 519 
House of Representatives, February 23, 2011 
An Act To Amend the Laws Governing the Transfer of Prisoners to 
Other States 
Received by the Clerk of the House on February 18, 2011.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CHAPMAN of Brooksville. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-A MRSA §9404, first ¶, as enacted by PL 1983, c. 459, §6, is 
amended to read: 
Whenever the duly constituted authorities in a state party to this compact, and which 
has entered into a contract pursuant to Article III 3, shall decide that confinement in, or 
transfer of an inmate to, an institution within the territory of another party state is 
necessary or desirable in order to provide adequate quarters and care or an appropriate 
program of rehabilitation or treatment, the officials may direct that the confinement be 
within an institution within the territory of the other party state, the receiving state to act 
in that regard solely as agent for the sending state.  An inmate sentenced under the laws 
of this State may not be committed or transferred to an institution outside of this State, 
unless that inmate has executed a written consent to the transfer or the transfer is 
approved by a court in this State.  The inmate has the right to a private consultation with 
an attorney of the inmate's choice, or with a public defender if the inmate cannot afford 
counsel, concerning the inmate's rights and obligations under this section and must be 
informed of those rights prior to executing the written consent.  At any time more than 
one year after a transfer, an inmate may revoke that inmate's consent to a transfer to an 
institution outside of this State and must be transferred to an institution in this State, 
unless continuation of the transfer is approved by a court in this State.  If the inmate 
revokes that inmate's consent to a transfer, that inmate must be transferred to an 
institution in this State within 30 days.  The inmate has the right to legal representation if 
a continuation of the transfer is being sought through the court. 
Sec. 2.  Application.  An inmate sentenced under the laws of this State who was 
transferred outside of this State without the consent of that inmate prior to the effective 
date of this Act is entitled to transfer to an institution in this State at the request of that 
inmate.  In such a case, the return must occur within 30 days, unless a continuation of the 
transfer is approved by a court in this State. 
SUMMARY 
This bill modifies the Interstate Corrections Compact with respect to transferring 
prisoners to and from other states to provide that: 
1.  Inmates convicted in this State may not be transferred out of the State to another 
state prison system without their written consent or a court order.  An inmate has the right 
to legal advice before consenting; 
2.  Inmates may elect to return to this State after one year of being transferred.  
Inmates requesting return must be returned within 30 days of the request, unless a court 
rules in favor of keeping the prisoner away from this State.  Inmates have the right to 
legal representation if a continuation of the transfer is being sought through the court; and 
3.  Inmates who were transferred without their consent prior to the effective date of 
the bill may elect to return to this State unless a continuation of the transfer is approved 
by a court in this State.