An Act To Ensure Constitutionally Adequate Contact with Counsel
Maine Legislature, Session 130, LD 1946
Committee Amendment CA_A_H975 (House)

COMMITTEE AMENDMENT" ff,, to H.P. 1451, L.D. 1946, "An Act To Ensure 
Constitutionally Adequate Contact with Counsel" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Establishing the Committee To Ensure Constitutionally Adequate Contact 
with Counsel' 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this resolve establishes the Committee To Ensure Constitutionally 
Adequate Contact with Counsel to conduct a review to ensure that residents of Department 
of Corrections correctional and detention facilities, persons who are incarcerated in county 
jails and other county correctional facilities and criminal defendants in court facilities have 
constitutionally adequate contact with counsel; and 
Whereas, the review must be initiated before the 90-day period expires in order that 
the review may be completed and a report submitted in time for submission to the next 
legislative session; 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. Committee established. Resolved: That the Committee To Ensure 
Constitutionally Adequate Contact with Counsel, referred to in this resolve as "the 
constitutional communications committee," is established. 
Sec. 2. Committee membership. Resolved: That, notwithstanding Joint Rule 
353, the constitutional communications committee consists of 16 members appointed as 
follows: 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "P:,to H.P. 1451, L.D. 1946 
1. Two members of the Senate appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the Legislature; 
2. Three members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature; 
3. The Commissioner of Corrections or the commissioner's designee; 
4. The Attorney General or the Attorney General's designee; 
5. The Commissioner of Public Safety or the commissioner's designee; 
6. The Executive Director of the Maine Commission on Indigent Legal Services or the 
executive director's designee; 
7. The president of a statewide association of sheriffs or the president's designee; 
8. 
The president of a statewide association of criminal defense lawyers or the 
president's designee; 
9. The president of a statewide association of prosecutors or the president's designee; 
10. A representative of a civil rights organization whose primary mission includes the 
advancement of racial justice, appointed by the President of the Senate; 
11. A representative of a civil liberties organization whose primary mission is the 
protection of civil liberties, appointed by the Speaker of the House; 
12. A representative of a statewide prisoners' rights organization, appointed by the 
President of the Senate; and 
13. A representative of a statewide organization whose mission includes advocating 
for victims and survivors of domestic violence, appointed by the Speaker of the House. 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the 
constitutional communications committee. 
Sec. 4. 
Appointments; convening of committee. Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the constitutional communications 
committee. If 30 days or more after the effective date of this resolve a majority of but not 
all appointments have been made, the chairs may request authority and the Legislative 
Council may grant authority for the constitutional communications committee to meet and 
conduct its business. 
Sec. 5. Duties. Resolved: That the constitutional communications committee shall: 
1. Review the federal and state constitutional and statutory requirements concerning 
adequate communications with counsel for those involved in the criminal justice system; 
2. Review recent policies and practices that have resulted in rep01ted violations of the 
requirements in the State; 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" fr: to H.P. 1451, L.D. 1946 
3. Review how other jurisdictions ensure confidential communications by telephone, 
video or electronic communication or in person between counsel and criminal defendants 
that are incarcerated or detained or in court facilities for court proceedings; 
4. Review how other jurisdictions ensure opportunities for document review by 
incarcerated persons without interception, monitoring, copying, redaction or other action 
or review of documents by anyone acting on behalf of a correctional facility, a jail or the 
State; 
5. Review remedies used by other jurisdictions when the constitutional and statutory 
requirements are not met, including, but not limited to, exclusion of evidence, 
disqualification to participate in prosecution, licensure discipline and expanded 
opportunities for post-conviction review; and 
6. Develop recommendations to implement in this State to ensure that residents of 
Department of Corrections correctional and detention facilities, persons who are 
incarcerated in county jails and other county correctional facilities and criminal defendants 
in court facilities have constitutionally adequate contact with counsel. 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the constitutional communications committee,· except that 
Legislative Council staff support is not authorized when the Legislature is in regular or 
special session. 
Sec. 7. Report. Resolved: That, no later than November 2, 2022, the constitutional 
communications committee shall submit a report that includes a summary of its activities 
and recommendations, including suggested legislation, to the Joint Standing Committee on 
Judiciary for presentation to the First Regular Session of the 131st Legislature. 
Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
Amend the bill by re lettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill with a resolve that establishes the 16-member 
Committee To Ensure Constitutionally Adequate Contact with Counsel. The constitutional 
communications committee is established to ensure that residents of Department of 
Corrections correctional and detention facilities, persons who are incarcerated in county 
jails and other county correctional facilities and criminal defendants in court facilities have 
adequate contact with counsel. The constitutional communications committee must submit 
a report to the Joint Standing Committee on Judiciary by November 2, 2022. 
FISCAL NOTE REQUIRED 
7 
(See attached) 
COMMITTEE AMENDMENT 
Legislative Cost/Study 
Approved: 03/30/22 .::tPae 
LD 1946 
LR2256(02) 
An Act To Ensure Constitutionally Adequate Contact with Counsel 
Fiscal Note for Bill as Amended by Committee Amendment fir{. f/-111>) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $1,250 in fiscal year 2021-22 and $1,500 in fiscal 
year 2022-23. The Legislature's budget for the 2022-2023 biennium includes an estimated $6,108 in fiscal year 20: 
and $10,000 in fiscal year 2022-23 for the costs of legislative studies, as well as $31,260 of balances carried over 
from prior years for this purpose. Whether these amounts are sufficient to fund all studies will depend on the number 
of studies authorized by the Legislative Council and the Legislature. The additional costs of providing staffing 
assistance to the study during the interim can be absorbed utilizing existing budgeted staff resources. 
Fiscal Detail and Notes 
Any additional costs for the departments and agencies selected to serve on the committee are assumed to be minor and 
can be absorbed within existing budgeted resources. 
LR2256(02) - Fiscal Note - Page 1 of 1