An Act Regarding Inmates on Public Works Projects
Maine Legislature, Session 125, LD 1635
Committee: Criminal Justice and Public Safety
Sponsors: CLARKE, GERZOFSKY, GOODALL, BURNS, FOSSEL, GRAHAM, KENT, OLSEN
Amends: 30-A MRSA §1606

Legislative Document 
No. 1635 
H.P. 1225 
House of Representatives, December 20, 2011 
An Act Regarding Inmates on Public Works Projects 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 16, 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 CLARKE of Bath. 
Cosponsored by Senator GERZOFSKY of Cumberland, Senator GOODALL of Sagadahoc and 
Representatives: BURNS of Whiting, FOSSEL of Alna, GRAHAM of North Yarmouth, KENT 
of Woolwich, MacDONALD of Boothbay, OLSEN of Phippsburg. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, current law allows inmates in county jails to participate in public works-
related projects and in the improvement of property owned by charitable organizations; 
and 
Whereas, current law restricts the inmates to working in the county where the jail is 
located; and 
Whereas, current practice is that inmates participate in public works-related projects 
wherever the projects are being conducted; and 
Whereas, it is necessary for this legislation to take effect before the 90-day period 
after adjournment ends to clarify existing law and facilitate projects; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §1606, sub-§1, as amended by PL 2001, c. 171, §9, is 
further amended to read: 
1.  Participation in public works projects authorized.  The sheriff in charge of a 
county jail may permit certain inmates of that jail to participate in public works-related 
projects supervised by the sheriff of the county in which the public works projects are 
being conducted or in the improvement of property owned by charitable organizations if 
the public works project or the property of the charitable organization is in the county 
where the jail is located.  The sheriff may request payment from charitable organizations 
for the transportation of the prisoners and for the transportation and per diem 
compensation for any guards who accompany the prisoners.  For the purposes of this 
section, "charitable organization" means any nonprofit organization organized or 
incorporated in this State or having a principal place of business in this State that is 
exempt from federal income taxation under the United States Internal Revenue Code of 
1986, Section 501(a), because the nonprofit organization is described in the United States 
Internal Revenue Code of 1986, Section 501(c)(3). 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill removes the restriction that inmates of a county jail may work only on 
projects in the county where the jail is located.