An Act to Update Provisions of the Department of Corrections Laws Regarding Operation and Administration of Jails, Women's Services and Juvenile Detention
Maine Legislature, Session 131, LD 0004
Committee: Criminal Justice and Public Safety
Sponsors: PLUECKER
Amends: 34-A MRSA §1001, 34-A MRSA §1208, 34-A MRSA §1208-B, 34-A MRSA §1210-F, 34-A MRSA §1214-B, 34-A MRSA §1215, 34-A MRSA §1215-A, 34-A MRSA §3001, 34-A MRSA §3061, 34-A MRSA §3903, 34-A MRSA §3904, 34-A MRSA §3905, 34-A MRSA §4102-A, 34-A MRSA §4103, 34-A MRSA §4104, 34-A MRSA §4105, 34-A MRSA §4106, 34-A MRSA §4107, 34-A MRSA §4108, 34-A MRSA §4111, 34-A MRSA §4117, 34-A MRSA §4118

Legislative Document
No. 4
H.P. 8
House of Representatives, December 30, 2022
An Act to Update Provisions of the Department of Corrections Laws 
Regarding Operation and Administration of Jails, Women's 
Services and Juvenile Detention
Submitted by the Department of Corrections pursuant to Joint Rule 204.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-A MRSA §1001, sub-§8-A, as amended by PL 2017, c. 148, §5, is 
further amended to read:
8-A.  Detention facility.  "Detention facility" means the Long Creek Youth 
Development Center and, to the extent it houses juveniles, the Mountain View Correctional 
Facility.
Sec. 2.  34-A MRSA §1208, sub-§6, as enacted by PL 1983, c. 581, §§10 and 59, 
is repealed.
Sec. 3.  34-A MRSA §1208-B, sub-§4, as enacted by PL 2021, c. 732, Pt. C, §1, is 
amended to read:
4.  Requirements; rulemaking by commissioner.  The jails shall operate in 
accordance with best practices applicable to facilities of their type and size, including the 
mandatory standards, policies and procedures established by rules adopted by the 
commissioner under subsection 1 and standards adopted under section 1208, and with the 
following requirements as set forth in rules adopted by the commissioner. In adopting rules 
under this subsection governing the operations of the jails, the commissioner shall consider 
the advisory input of the County Corrections Professional Standards Council established 
pursuant to Title 5, section 12004‑G, subsection 6‑D.
A.  Each jail shall participate in coordination of inmate transportation.  Coordination 
of transportation may be provided by the jail at which the inmate resides, by another 
jail or correctional facility or by a person or entity working under a contract with the 
jail at which the inmate resides.
B.  Each jail shall provide access to substance use disorder screening, assessment, 
medication, treatment, recovery and reentry services, including at a minimum:
(1)  Screening on intake using evidence-based tools to assess the risk of overdose 
or withdrawal and the person's history of substance use disorder and to determine 
initial treatment options;
(2)  Medically managed withdrawal treatment consistent with evidence-based 
medical standards;
(3)  All forms of medication for addiction treatment, including at least one of each 
formulation of each United States Food and Drug Administration-approved 
medication-assisted treatments for substance use disorder, including alcohol use 
disorder and opioid use disorder, to ensure that each person receives the particular 
formulation found to be the most effective at treating and meeting the person's 
individual needs. Medication under this subparagraph must be offered for the 
duration of the person's incarceration;   
(4)  Behavioral treatment options, such as group and individual counseling, and 
clinical support;
(5)  Peer support services;
(6)  Reentry planning and transitional support such as coordination with 
community-based treatment and case management service providers and recovery 
organizations to ensure reentry and continuity of care after release, including 
appointments for services made prior to release; and
(7)  Assistance in obtaining health insurance prior to release.
Substance use disorder services required by this paragraph may be provided at the jail 
at which the person resides or at another jail or correctional facility or by a service 
provider or entity working under a contract with the jail at which the person resides.
C.  Each jail shall provide mental health treatment, including at a minimum providing 
a licensed clinician or licensed professional organization that will be available to assist 
an inmate who is a person receiving mental health treatment.  Mental health treatment 
required by this paragraph may be provided at the jail at which the person resides or at 
another jail or correctional facility or by a service provider or entity working under a 
contract with the jail at which the person resides.
D.  Each jail shall provide community programs and services as required by this 
subchapter, including at a minimum pretrial or conditional release, alternative 
sentencing or housing programs and electronic monitoring.
E.  Each jail shall provide initial and ongoing training and technical assistance for 
facility staff and health care practitioners on screening, assessment, medication and 
treatment protocols for substance use disorder.
Sec. 4.  34-A MRSA §1210-F, first ¶, as enacted by PL 2021, c. 732, Pt. A, §4, is 
amended to read:
The County Corrections Professional Standards Council, established in Title 5, section 
12004‑G, subsection 6‑D and referred to in this section as "the council," is established to 
evaluate and advise the commissioner with regard to the composition of programs and 
services required pursuant to section 1208‑B, subsection 4; to advise the commissioner 
with regard to adopting rules governing the operations of the jails; to develop rules for 
reporting to the department the information required in section 1208‑B, subsection 5 and, 
beginning July 1, 2023, as required in section 1210‑E, subsection 6; to develop budget 
recommendations for the department related to the County Jail Operations Fund established 
in section 1210‑E, the recommendations for which must be submitted to the commissioner 
and the Governor as part of the State’s biennial budget process; to make supplemental 
county jail funding recommendations to the department related to the fund as may be 
needed from time to time to address shortfalls, emergencies or other needs; and to consider 
the need for legislation regarding required programs, services and reporting and to submit 
such legislation to the joint standing committee of the Legislature having jurisdiction over 
criminal justice and public safety matters.  
Sec. 5.  34-A MRSA §1214-B is enacted to read:
§1214-B.  Setoff of victim restitution against lottery winnings
The department shall provide the Department of Administrative and Financial 
Services, Bureau of Alcoholic Beverages and Lottery Operations, referred to in this section 
as "the bureau," access to an electronic database of all persons who owe victim restitution 
payable through the department and imposed by a court under Title 17-A. Before the 
payment of lottery winnings by the bureau, the bureau shall determine whether the lottery 
winner owes victim restitution payable through the department and imposed by a court 
under Title 17-A.  If the winner is determined to owe victim restitution imposed by a court, 
the bureau must suspend payment of the winnings, provide notice to the winner of its 
intention to set off the winnings against the victim restitution owed and provide the 
winnings to the department in the amount owed by the winner. The bureau shall release 
any remaining winnings in accordance with state law.
Sec. 6.  34-A MRSA §1215, as amended by PL 2003, c. 451, Pt. K, §1, is repealed.
Sec. 7.  34-A MRSA §1215-A is enacted to read:
§1215-A.  Operation and review
The department shall operate its correctional and detention facilities in accordance with 
best practices applicable to facilities of similar type and size. The department shall have 
the operations of its facilities reviewed at least once every 3 years by one or more nationally 
recognized best practices reviewing bodies and shall consider any resulting 
recommendations made by the reviewing body in determining how to operate the 
correctional and detention facilities.
Sec. 8.  34-A MRSA §3001, sub-§3 is enacted to read:
3.  Director of women's services.  In addition to the officers appointed under 
subsections 1 and 2, the commissioner may appoint a director of women’s services to serve 
as the chief administrative officer of any adult correctional facility female housing units.  
The director of women’s services has all the powers and duties of other department chief 
administrative officers, whether described in this Title or in any other provision of statute.
Sec. 9.  34-A MRSA §3061, sub-§1, as amended by PL 2019, c. 113, Pt. C, §98, is 
further amended to read:
1.  Transfer.  The commissioner may transfer any client from one correctional or 
detention facility or program, including prerelease centers, work release centers, halfway 
houses, supervised community confinement or specialized treatment facilities, to another.  
A juvenile may not be transferred to another facility or program for adult offenders and an 
adult offender may not be transferred to another facility or program for juveniles, except 
that an adult offender may be housed in the Long Creek Youth Development Center or the 
Mountain View Correctional Facility pursuant to section 4117 or Title 17‑A, section 1611.
Sec. 10.  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.
Sec. 11.  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. 12.  34-A MRSA §3905, as amended by PL 2019, c. 343, Pt. LLLL, §4, is 
further amended to read:
§3905.  Downeast Correctional Facility employees
Employees of the Downeast Correctional Facility 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 superintendent warden.
Sec. 13.  34-A MRSA §4102-A, as amended by PL 2017, c. 148, §11, is repealed.
Sec. 14.  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 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 powers granted in this Title, the superintendent warden 
may appoint one assistant superintendent deputy wardens, subject to the Civil Service Law.  
The assistant superintendent A deputy warden has the powers, duties, obligations and 
liabilities of the superintendent warden when the superintendent warden is absent or unable 
to perform the superintendent's warden's duties.
Sec. 15.  34-A MRSA §4104, as amended by PL 2017, c. 148, §15, is repealed.
Sec. 16.  34-A MRSA §4105, as amended by PL 2017, c. 148, §16, is repealed.
Sec. 17. 34-A MRSA §4106, as amended by PL 2017, c. 148, §17, is further 
amended to read:
§4106.  Powers of employees
Employees of the Mountain View Correctional Facility 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 superintendent warden.
Sec. 18.  34-A MRSA §4107, as amended by PL 2017, c. 148, §18, is repealed.
Sec. 19.  34-A MRSA §4108, as amended by PL 2017, c. 148, §19, is repealed.
Sec. 20.  34-A MRSA §4111, as amended by PL 2019, c. 155, §2, is repealed.
Sec. 21.  34-A MRSA §4117, as amended by PL 2017, c. 148, §26, is repealed.
Sec. 22. 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 accomplishes the following.
1.  It repeals provisions relating to the county and municipal detention facility advisory 
committee and transfers the function of advising the Commissioner of Corrections with 
respect to all jail standards to the County Corrections Professional Standards Council.
2.  It provides that lottery winnings are set off against victim restitution owed as a result 
of a court order issued under the Maine Revised Statutes, Title 17-A.
3.  It allows the Commissioner of Corrections to appoint a director of women’s services 
to act as the chief administrative officer of any adult correctional facility female housing 
units. 
4. It renames the chief administrative officer of the Mountain View Correctional 
Facility and the chief administrative officer of the Downeast Correctional Facility as the 
warden, which is the name of the chief administrative officers of the other adult correctional 
facilities with medium or higher security housing units.
5. It repeals provisions referring to the Mountain View Correctional Facility as a 
juvenile facility.
6.  It repeals a provision regarding accreditation of correctional and detention facilities 
and instead requires the Department of Corrections to operate those facilities in accordance 
with best practices and to have the operation of those facilities reviewed.