An Act to Allow the Department of Corrections to Comply with the Federal Prison Rape Elimination Act of 2003 (AFTER DEADLINE)
Maine Legislature, Session 131, LD 2250
Committee: Judiciary
Sponsors: CARNEY
Amends: 5 MRSA §7070

Legislative Document
No. 2250
S.P. 970
In Senate, March 5, 2024
An Act to Allow the Department of Corrections to Comply with the 
Federal Prison Rape Elimination Act of 2003
(AFTER DEADLINE)
(EMERGENCY)
Submitted by the Department of Corrections and approved for introduction by a majority of 
the Legislative Council pursuant to Joint Rule 205.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
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 federal Prison Rape Elimination Act of 2003 requires the State's 
Department of Corrections to comply with relevant standards established by the United 
States Department of Justice to receive grant funding; and
Whereas, the State's Department of Corrections would not be able to comply with the 
relevant standards under current state law for the United States Department of Justice's 
upcoming audit; and
Whereas, noncompliance would result in a loss of over $80,000 in grant funding and 
would prohibit the State's Department of Corrections from accepting resident transfers from 
facilities that meet relevant federal standards, including, but not limited to, county jails and 
facilities in other states; and
Whereas, legislative action is immediately necessary to ensure the State's Department 
of Corrections is in compliance with relevant standards for the United States Department 
of Justice's upcoming audit, ensuring the continuation of grant funding; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §7070, sub-§2, ¶D-1, as repealed and replaced by PL 2019, c. 
451, §1 and amended by PL 2023, c. 412, Pt. D, §3, is further amended by amending the 
last blocked paragraph to read:
When there is a work requirement for public access to personal information under this 
paragraph that is not otherwise protected by law, that information may be made public. 
The State Human Resources Officer, upon the request of the employing agency, shall 
make the determination that the release of certain personal information not otherwise 
protected by law is allowed; and
Sec. 2.  5 MRSA §7070, sub-§2, ¶E, as amended by PL 2023, c. 159, §1, is further 
amended to read:
E.  Except as provided in paragraph F and section 7070‑A, complaints, charges or 
accusations of misconduct, replies to those complaints, charges or accusations and any 
other information or materials that may result in disciplinary action.  If disciplinary 
action is taken, the final written decision relating to that action is no longer confidential 
after the decision is completed if it imposes or upholds discipline.  The decision must 
state the conduct or other facts on the basis of which disciplinary action is being 
imposed and the conclusions of the acting authority as to the reasons for that action.  If 
an arbitrator completely overturns or removes disciplinary action from an employee 
personnel file, the final written decision is public except that the employee's name must 
be deleted from the final written decision and kept confidential.  If the employee whose 
name was deleted from the final written decision discloses that the employee is the 
person who is the subject of the final written decision, the entire final written report, 
with regard to that employee, is public.
For purposes of this paragraph, "final written decision" means:
(1)  The final written administrative decision that is not appealed pursuant to a 
grievance arbitration procedure; or
(2)  If the final written administrative decision is appealed to arbitration, the final 
written decision of a neutral arbitrator.
A final written administrative decision that is appealed to arbitration is no longer 
confidential 120 days after a written request for the decision is made to the employer 
if the final written decision of the neutral arbitrator is not issued and released before 
the expiration of the 120 days; and
Sec. 3.  5 MRSA §7070, sub-§2, ¶F is enacted to read:
F.  In the case of an allegation of sexual misconduct or sexual harassment within a 
correctional facility, a determination that the allegation was substantiated, 
unsubstantiated or unfounded, except that the determination may be disclosed to the 
alleged victim. Unless the allegation is determined to be unfounded, the following 
information may also be shared with the alleged victim:
(1) The subsequent work locations, if any, of the individual alleged to have 
engaged in the sexual misconduct or sexual harassment;
(2) Whether the individual under subparagraph (1) is still employed at the 
correctional facility;
(3) Whether the individual under subparagraph (1) has been criminally charged or 
convicted of a crime arising out of the allegation of sexual misconduct or sexual 
harassment; and
(4) Whether the prosecuting agency declined to indict the individual under 
subparagraph (1) based on the allegation of sexual misconduct or sexual 
harassment.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill amends the statutory confidentiality provisions related to personnel records in 
order to allow the State's Department of Corrections to share certain information related to 
allegations of sexual misconduct or sexual harassment and comply with the requirements 
established by the United States Department of Justice under 28 Code of Federal 
Regulations, Section 115.73 pursuant to the federal Prison Rape Elimination Act of 2003.