An Act Regarding Conditions in Correctional Facilities for Female Prisoners”
Maine Legislature, Session 129, LD 1422
Committee Amendment CA_A_H882 (House)
Amends: 22 MRSA §4003, 30-A MRSA §1651, 34-A MRSA §1208, 34-A MRSA §1208-B, 34-A MRSA §3001-A, 34-A MRSA §3031, 34-A MRSA §3050

COMMITTEE AMENDMENT “      ” to H.P. 1035, L.D. 1422, “An Act Regarding 
Conditions in Correctional Facilities for Female Prisoners” 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Juveniles in the Custody of the Department of Corrections and 
Regarding Conditions in Correctional Facilities for Female Prisoners' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1.  22 MRSA §4003, sub-§5, as enacted by PL 1999, c. 731, Pt. AA, §5 and 
amended by PL 2013, c. 368, Pt. CCCC, §7, is further amended to read: 
5.  Report.  Require the department to report monthly to the joint standing committees 
of the Legislature having jurisdiction over appropriations and financial affairs and health 
and human services matters, beginning in July 2000, on the status of children served by the 
Office of Child and Family Services.  The report must include, at a minimum, information 
on the department's caseload, the location of the children in the department's custody, data 
regarding the status of children in the department’s custody whose parents or primary 
caregivers are incarcerated in a jail or correctional facility, data regarding the status of 
children with whom the Office of Child and Family Services is working whose parents or 
primary caregivers are incarcerated in a jail or correctional facility and the number of cases 
of abuse and neglect that were not opened for assessment.  This information must be 
identified by program and funding source. 
Sec. 2.  30-A MRSA §1651, sub-§2, as enacted by PL 2003, c. 482, Pt. A, §1, is 
amended to read: 
2.  Appointment.  The sheriff for each county shall appoint a board of 5 6 visitors for 
each correctional facility under the sheriff's supervision. 
A.  Members of the boards of visitors serve for terms of one year except that, of the 
initial appointments, 2 must be for terms of 3 years, 2 must be for terms of 2 years and 
one 2 must be for a term terms of one year. 
COMMITTEE AMENDMENT “      ” to H.P. 1035, L.D. 1422 
COMMITTEE AMENDMENT 
B.  Members of the boards of visitors are eligible for reappointment at the expiration 
of their terms.  The boards of visitors must be representative of a broad range of 
professionals, family members and citizens interested in the well-being of prisoners, 
including representatives of advocacy groups for human and civil rights, medical and 
psychiatric professionals, persons who have served in corrections settings and other 
interested citizens.  One member of each board of visitors must be a person with 
knowledge of issues related to the incarceration of women. 
C.  A member of the Legislature may not serve on a board of visitors. 
D.  The sheriffs of 2 or more counties, at their discretion, may appoint a joint board of 
visitors of 5 6 or more members. 
Sec. 3.  34-A MRSA §1208, sub-§1, as enacted by PL 1983, c. 581, §§10 and 59, 
is amended to read: 
1.  Establishment.  The commissioner shall establish both mandatory and desirable 
standards for all county and municipal detention facilities, setting forth requirements for 
maintaining safe, healthful and secure facilities.  The standards must include standards for 
the delivery of women's health care services, for which compliance must be evaluated at 
least every 2 years and documented in the audit of the facility. 
Sec. 4.  34-A MRSA §1208-B, sub-§1, ¶A, as amended by PL 2017, c. 407, Pt. A, 
§152, is further amended to read: 
A.  The standards, policies and procedures must address record keeping and reporting 
of financial data, capital improvement planning, jail staffing, administration and 
management of prisoners, transfer of inmates, notification to prisoners of prohibition 
on contact with victims and other persons, pretrial assessments and services, evidence-
based programming, literacy programs, mental health and substance use disorder 
programs and correctional officer training.  The standards must include standards for 
the delivery of women's health care services, for which compliance must be evaluated 
at least every 2 years and documented in the audit of the jail. 
Sec. 5.  34-A MRSA §3001-A, sub-§1-A is enacted to read: 
1-A.  Board of visitors for women's services; membership.  The Governor shall 
appoint a board of visitors for women's services to inspect correctional facilities used for 
female clients and, with regard to female clients, perform the duties assigned to facility 
boards of visitors.  The board of visitors for women's services shall ensure that the 
incarceration of and services provided to female clients are designed to meet their gender 
identity needs and reflect best practices established for such incarceration and services.  
The board of visitors for women's services must include one member who was formerly 
incarcerated in the custody of the Department of Corrections, one member who represents 
a health care provider that provides sexual and reproductive health care and education, one 
member who is a person who as a health care practitioner provides sexual and reproductive 
health care and education to women and one member who has an understanding of or 
experience with domestic violence. 
Sec. 6.  34-A MRSA §3031, sub-§8, as amended by PL 2019, c. 139, §2, is further 
amended to read: 
COMMITTEE AMENDMENT “      ” to H.P. 1035, L.D. 1422 
COMMITTEE AMENDMENT 
8.  Visitation.  A reasonable opportunity to visit with relatives and friends, in 
accordance with departmental policies and institutional procedures, provided except that 
the department may restrict or prohibit visits when the restriction or prohibition is necessary 
for the security of the institution.  Departmental policies and institutional procedures must 
be sufficient to provide to a person in a correctional or detention facility opportunities and 
conditions for visits with the child of the person that provide time together in a manner that 
meets the standards of Title 22, section 4041, subsection 1-A, paragraph A, subparagraph 
(1), division (c) and that provide as positive a parent-child interaction as can practicably be 
achieved while ensuring the emotional and physical well-being of the child; and 
Sec. 7.  34-A MRSA §3050 is enacted to read: 
§3050.  Report regarding juveniles in custody 
By February 1, 2021 and annually thereafter, the department shall report to the joint 
standing committee of the Legislature having jurisdiction over criminal justice and public 
safety matters on the number of juveniles in the custody of the department, whether as 
juvenile detainees or juvenile clients or under Department of Corrections supervision on 
probation, whose parents or primary caregivers are known to the department to be in the 
custody of the department or under the supervision of the department.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft.  This amendment is the 
majority report of the committee.  The amendment adds to the monthly report from the 
Department of Health and Human Services on child welfare services a report of the status 
of children in the department's custody whose parents or primary caregivers are 
incarcerated in a jail or correctional facility and data regarding the status of children with 
whom the Office of Child and Family Services is working whose parents or primary 
caregivers are incarcerated in a jail or correctional facility. The amendment adds a person 
with knowledge related to the incarceration of women to the board of visitors of each jail.  
The amendment requires the Department of Corrections standards for jails and county and 
municipal detention facilities to include standards for the delivery of women's health care 
services, for which compliance must be evaluated at least every 2 years and documented in 
the audit of the jail or facility.  The amendment establishes a board of visitors for women's 
services to serve with regard to women who are incarcerated in Department of Corrections 
correctional and detention facilities.  The amendment adds to the rights of a person who is 
incarcerated in the custody of the Department of Corrections opportunities and conditions 
for visitations with the child of the person that parallel those opportunities and conditions 
for visitation for families receiving family reunification services from the Department of 
Health and Human Services. The amendment requires that by February 1, 2021 and 
annually thereafter, the Department of Corrections must report to the joint standing 
committee of the Legislature having jurisdiction over criminal justice and public safety 
matters on the number of juveniles in the custody of the department, whether as juvenile 
detainees or juvenile clients or under department supervision on probation, whose parents 
or primary caregivers are known to the department to be in the custody of the department 
or under the supervision of the department. 
Approved: 08/03/20
LD 1422
LR 1277(02)
Fiscal Detail and Notes
Minor cost increase - General Fund
Any additional costs to the Department of Health and Human Services, the Department of Corrections and the 
Executive Department to adopt the changes in this bill are expected to be minor and can be absorbed within existing 
budgeted resources.
An Act Regarding Conditions in Correctional Facilities for Female Prisoners
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
Fiscal Note
LR1277(02) - Fiscal Note - Page 1 of 1