Resolve, Directing the Department of Corrections To Amend Its Rules Pertaining to Certification of Batterer Intervention Programs
Maine Legislature, Session 126, LD 1237
Committee: Criminal Justice and Public Safety
Sponsors: CAIN, FREDETTE

Legislative Document 
No. 1237 
S.P. 431 
In Senate, March 27, 2013 
Resolve, Directing the Department of Corrections To Amend Its 
Rules Pertaining to Certification of Batterer Intervention Programs 
(EMERGENCY) 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CAIN of Penobscot.  (GOVERNOR'S BILL) 
Cosponsored by Representative FREDETTE of Newport. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Department of Corrections, acting pursuant to the Maine Revised 
Statutes, Title 19-A, section 4014, has adopted rules establishing standards and 
procedures for certification of batterer intervention programs; and 
Whereas, in the process of sentencing persons convicted of crimes of domestic 
violence, courts may order those offenders to attend batterer intervention programs that 
the Department of Corrections has certified; and 
Whereas, a recent decision of the Maine Supreme Judicial Court in the case of State 
v. Mosher, 2012 ME 133, has cast doubt on the validity of the Department of Correction's 
current rules for certification of batterer intervention programs because the current rules 
appear to limit certification to those programs serving male domestic violence offenders; 
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 
Sec. 1.  Adoption of emergency rules.  Resolved:  That, notwithstanding the 
Maine Revised Statutes, Title 19-A, section 4014, the Department of Corrections shall 
adopt emergency rules pursuant to Title 5, section 8054 to amend the current rules to 
make them gender neutral so that batterer intervention programs that serve female 
domestic violence offenders may be certified, and courts may be provided the opportunity 
to order female offenders convicted of crimes of domestic violence to participate in 
certified batterer intervention programs.  Following adoption of the emergency rules, the 
Department of Corrections shall initiate nonemergency rulemaking on certified batterer 
intervention programs pursuant to Title 5, chapter 375.  Notwithstanding Title 19-A, 
section 4014, all rules or amendments to rules on the subject of the certification of 
batterer intervention programs, regardless of which gender a program serves, are 
considered routine technical rules as defined by Title 5, section 8071. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Department of Corrections to adopt emergency rules, to be 
followed by nonemergency rulemaking, to ensure gender equality in terms of the 
certification of certified batterer intervention programs.  In a December 2012 decision, 
the Maine Supreme Judicial Court cast doubt on the validity of current rules that were 
written in terms of batterer intervention programs for male offenders only.