An Act To Standardize Language and Improve Correctional Services
Maine Legislature, Session 129, LD 2000
Committee: Criminal Justice and Public Safety
Sponsors: DESCHAMBAULT
Amends: 15 MRSA §3314, 34-A MRSA §3001, 34-A MRSA §3903, 34-A MRSA §3904, 34-A MRSA §3905, 34-A MRSA §4103, 34-A MRSA §4106, 34-A MRSA §4108, 34-A MRSA §4118

Legislative Document
No. 2000
S.P. 702
In Senate, January 8, 2020
An Act To Standardize Language and Improve Correctional 
Services
Submitted by the Department of Corrections pursuant to Joint Rule 203.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DESCHAMBAULT of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §3314, sub-§1, ¶H, as amended by PL 2019, c. 113, Pt. C, 
§48, is further amended to read:
H.  The court may order the juvenile to serve a period of confinement that may not 
exceed 30 days, with or without an underlying suspended disposition of commitment 
to a Department of Corrections juvenile correctional facility, which confinement must 
be served concurrently with any other period of confinement previously imposed and 
not fully discharged or imposed on the same date but may be served intermittently as 
the court may order and must be ordered served in a facility approved or operated by 
the Department of Corrections exclusively for juveniles.  The court may order such a 
disposition to be served as a part of and with a period of probation that is subject to 
such provisions of Title 17-A, section 1807 as the court may order and that must be 
administered pursuant to Title 34-A, chapter 5, subchapter 4.  Revocation of 
probation is governed by the procedure contained in subsection 2.  Any disposition 
under this paragraph is subject to Title 17-A, section 2305 except that a statement is 
not required to be furnished and the day-for-day deduction must be determined by the 
facility, but is not subject to Title 17-A, section 2305, subsection 4; section 2307, 
subsections 2, 3 and 4; section 2308, subsection 2; section 2309, subsection 2; or 
section 2310, subsections 3, 6 and 7.  For purposes of calculating the commencement 
of the The period of confinement, credit is accorded only for the portion of the first 
day for which the juvenile is actually confined; the commences on the date on which 
the juvenile is received into the facility pursuant to the order and that day is counted 
as the first full day of the period of confinement.  The juvenile may not be released 
until the juvenile has served the full term of hours or days imposed by the court at 
any time on the final day of the period of confinement.  When a juvenile is committed 
for a period of confinement, the court shall determine whether reasonable efforts have 
been made to prevent or eliminate the need for removal of the juvenile from the 
juvenile's home or that reasonable efforts are not necessary because of the existence 
of an aggravating factor as defined in Title 22, section 4002, subsection 1-B and 
whether continuation in the juvenile's home would be contrary to the welfare of the 
juvenile.  This determination does not affect whether the court orders a period of 
confinement.
Sec. 2.  34-A MRSA §3001, sub-§3 is enacted to read:
3.  Director of women's services.  The commissioner may appoint a director of 
women's services to serve, as applicable, as the chief administrative officer of any 
correctional facility operated by the department for female prisoners and, notwithstanding 
any provision of law to the contrary, of any correctional facility housing unit used by the 
department for female prisoners.  The director of women's services has all the powers and 
duties of other chief administrative officers, whether described in this Title or in any 
other provision of statute.
Sec. 3.  34-A MRSA §3903, as repealed and replaced by PL 2019, c. 343, Pt. 
LLLL, §2, is amended to read:
§3903.  Superintendent Warden
1.  Chief administrative officer.  The chief administrative officer of the Downeast 
Correctional Facility is the superintendent warden of the Mountain View Correctional 
Facility, referred to in this subchapter as "the superintendent warden," and is responsible 
to the commissioner.
2.  Duties.  In addition to other duties set out in this Title, the superintendent warden 
has the following duties.
A.  The superintendent warden shall exercise proper supervision over the employees, 
grounds, buildings and equipment at the Downeast Correctional Facility.
B.  The superintendent warden shall supervise and control the prisoners at the 
Downeast Correctional Facility in accordance with departmental rules.
3-A.  Powers.  In addition to other powers granted in this Title, the warden has the 
following powers.
A.  The warden may, with the written approval of the commissioner, contract with the 
Director of the Federal Bureau of Prisons acting pursuant to 18 United States Code, 
Section 4002 for the imprisonment, subsistence, care and proper employment of 
persons convicted of crimes against the United States and may receive and detain 
such persons pursuant to the contracts.
Sec. 4.  34-A MRSA §3904, sub-§2, as amended by PL 2019, c. 343, Pt. LLLL, 
§3, is further amended to read:
2.  Education.  The superintendent warden shall maintain suitable courses for 
academic and career and technical education of the prisoners of the Downeast 
Correctional Facility.  The superintendent warden shall maintain necessary equipment 
and employ suitable qualified instructors as necessary to carry out the objectives of the 
facility's programs.
Sec. 5.  34-A MRSA §3905, as amended by PL 2019, c. 343, Pt. LLLL, §4, is 
repealed and the following enacted in its place:
§3905.  Downeast Correctional Facility employees
1.  Power of sheriffs; weapons.  Employees of the Downeast Correctional Facility:
A.  Have the same power as sheriffs in their respective counties to search for and 
apprehend escapees from the facility, when authorized to do so by the warden; and
B.  May carry weapons and other security equipment when authorized by the warden 
inside and outside the facility in connection with their assigned duties or training.
2.  Uniforms and special clothing.  Downeast Correctional Facility employee 
uniforms and special clothing are governed as follows.
A.  Employees of the facility may be provided, at the expense of the State, with 
distinctive uniforms for use when required for the performance of their official duties 
and that remain the property of the State.
B.  Employees of the facility may be provided with a clothing allowance when the 
private purchase of special clothing is required for the performance of their official 
duties.
Sec. 6.  34-A MRSA §4103, as amended by PL 2017, c. 148, §§13 and 14, is 
further amended to read:
§4103.  Superintendent Warden
1.  Chief administrative officer.  The chief administrative officer of the Mountain 
View Correctional Facility is called the superintendent warden and is responsible to the 
commissioner.
2.  Duties.  In addition to other duties set out in this Title, the superintendent warden 
has the following duties.
A.  The superintendent warden shall exercise supervision over the employees, 
grounds, buildings and equipment at the Mountain View Correctional Facility.
B.  The superintendent warden shall supervise and control the juvenile detainees and 
juvenile clients at the Mountain View Correctional Facility in accordance with 
department rules.
C.  The superintendent warden shall supervise and control the prisoners at the 
Mountain View Correctional Facility in accordance with department rules.
3.  Powers.  In addition to the other powers granted in this Title, the superintendent 
may appoint one assistant superintendent, subject to the Civil Service Law.  The assistant 
superintendent warden has the following powers, duties, obligations and liabilities of the 
superintendent when the superintendent is absent or unable to perform the 
superintendent's duties.
A.  The warden may appoint deputy wardens, subject to the Civil Service Law.  A 
deputy warden has the powers, duties, obligations and liabilities of the warden when 
the warden is absent or unable to perform the warden's duties.
B.  The warden may, with the written approval of the commissioner, contract with the 
Director of the Federal Bureau of Prisons acting pursuant to 18 United States Code, 
Section 4002 for the imprisonment, subsistence, care and proper employment of 
persons convicted of crimes against the United States and may receive and detain 
such persons pursuant to the contracts.
Sec. 7.  34-A MRSA §4106, as amended by PL 2017, c. 148, §17, is repealed and 
the following enacted in its place:
§4106.  Mountain View Correctional Facility employees
1.  Power of sheriffs; weapons.  Employees of the Mountain View Correctional 
Facility:
A.  Have the same power as sheriffs in their respective counties to search for and 
apprehend escapees from the facility, when authorized to do so by the warden; and
B.  May carry weapons and other security equipment when authorized by the warden 
inside and outside the facility in connection with their assigned duties or training.
2.  Uniforms and special clothing.  Mountain View Correctional Facility employee 
uniforms and special clothing are governed as follows.
A.  Employees of the facility may be provided, at the expense of the State, with 
distinctive uniforms for use when required for the performance of their official duties 
and that remain the property of the State.
B.  Employees of the facility may be provided with a clothing allowance when the 
private purchase of special clothing is required for the performance of their official 
duties.
Sec. 8.  34-A MRSA §4108, sub-§2, as amended by PL 2005, c. 488, §§14 to 17, 
is further amended to read:
2.  Conditions.  Placing a juvenile under observation is subject to the following 
conditions.
A.  Placement under observation must first be approved by the superintendent 
warden.
B.  The conditions under which a juvenile is placed under observation must conform 
with all applicable federal and state standards relating to the health and safety of 
clients in detention facilities.
C.  Placement under observation may not exceed the period of time necessary to 
alleviate and prevent the reoccurrence of the behavior described in subsection 1 and it 
may not be used as punishment.
D.  When placement under observation exceeds 12 hours, the superintendent warden 
shall direct the facility physician or a member of the facility medical staff to visit the 
juvenile immediately and at least once in each succeeding 24-hour period the juvenile 
remains under observation to examine the juvenile's state of health.
(1)  The superintendent warden shall give full consideration to recommendations 
of the physician or medical staff member concerning the juvenile's dietary needs 
and the conditions of the juvenile's confinement required to maintain the 
juvenile's health.  If the recommendations of the physician or medical staff 
member are not carried out, the superintendent warden shall immediately convey 
the reasons and circumstances for this decision to the commissioner for review 
and final disposition.
(2)  Placement under observation must be discontinued if the superintendent 
warden, on the advice of the physician, determines that placement under 
observation is harmful to the mental or physical health of the juvenile, except that 
placement under observation may be continued if the behavior of the juvenile 
presents a high likelihood of imminent physical harm to that juvenile or others 
and there is no less restrictive setting in which that juvenile's safety or that of 
others can be ensured.  If placement under observation is continued, the physician 
or a member of the medical staff shall visit the juvenile at least once every 12 
hours.
E.  When placement under observation exceeds 24 hours, the superintendent warden 
shall direct appropriate facility staff to develop a plan for the further care of the 
juvenile.  The plan must be revised as needed to meet the changing needs of the 
juvenile.
F.  Placement under observation may not exceed 72 hours without the commissioner's 
approval, which must:
 (1)  Be in writing;
 (2)  State the reasons for that approval; and
 (3)  Be kept on file.
G.  If the recommendations of the physician or medical staff member regarding the 
juvenile's dietary or other health needs while under observation are not carried out, 
the superintendent warden shall send a written justification to the commissioner.
H.  A juvenile held under observation must be under sight and sound supervision by 
facility staff, which must be constant if necessary to prevent imminent harm to the 
juvenile.
Sec. 9.  34-A MRSA §4118, sub-§3, as enacted by PL 2017, c. 148, §27, is 
amended to read:
3.  Education.  The superintendent warden shall maintain suitable courses for 
academic and career and technical education of the prisoners.
A.  The superintendent warden shall maintain necessary equipment and employ 
suitable qualified instructors as necessary to carry out the objectives of the Mountain 
View Correctional Facility's programs.
B.  Before employing instructors in career and technical education, the superintendent 
warden shall obtain the approval of the Department of Education.
SUMMARY
This bill counts as the first full day of a period of confinement the day a juvenile is 
received into a juvenile correctional facility, regardless of when the juvenile arrives at the 
facility, and allows the juvenile to be released at any time on the last day of the period of 
confinement, instead of requiring the juvenile to be released at an exact time dependent 
on when the juvenile arrived at the facility.
It allows the Commissioner of Corrections to appoint a director of women's services 
to oversee services and otherwise act as the chief administrative officer for female 
prisoners, whether housed in a correctional facility exclusively serving female prisoners 
or in a female prisoner housing unit in a correctional facility serving both males and 
females.
It renames the chief administrative officer of the Mountain View Correctional 
Facility and the Downeast Correctional Facility the warden.  It authorizes the warden of 
the Mountain View Correctional Facility and the warden of the Downeast Correctional 
Facility, with the written approval of the commissioner, to contract with the Director of 
the Federal Bureau of Prisons for the imprisonment, subsistence, care and proper 
employment of persons convicted of crimes against the United States.  It allows 
employees of the Mountain View Correctional Facility and the Downeast Correctional 
Facility to carry weapons and other security equipment when authorized by the warden.  
It includes provisions for uniforms and clothing allowances for employees of the 
Mountain View Correctional Facility and the Downeast Correctional Facility.