An Act to Facilitate the Provision of Medically Appropriate Levels of Care for Clients of Correctional Facilities
Maine Legislature, Session 131, LD 1863
Committee Amendment CA_A_SA_A_S587 (Senate)
Amends: 34-A MRSA §1402, 34-A MRSA §3036-A

SENATE AMENDMENT" P, "to COMMITTEE AMENDMENT "A" to H.P. 1193, 
L.D. 1863, "An Act to Facilitate the Provision of Medically Appropriate Levels of Care for 
Clients of Correctional Facilities" 
Amend the amendment striking out everything after the title and inse1iing the 
following: 
'Amend the bill by striking out everything after the enacting clause and inse1iing the 
following: 
'Sec. 1. 34-A MRSA §1402, sub-§5, as amended by PL 2021, c. 620, §4, is fmiher 
amended to read: 
5. Grievance procedures. The commissioner shall establish procedures for hearing 
grievances of clients. The commissioner shall establish a separate grievance process for 
addressing complaints by prisoners about their medical and mental health treatment as well 
as a separate grievance process for addressing complaints regarding compliance with the 
standards established pursuant to sections 1208, 1208-A and 1208-B. The commissioner 
shall track data for all grievances filed by prisoners about their medical or mental health 
treatment and shall publish monthly on the depaiiment's publicly accessible website the 
data tracked pursuant to this subsection in a manner that does not violate the confidentiality 
requirements of section 1216 or any other provision of state or federal law. 
Sec. 2. 34-A MRSA §3036-A, sub-§10, as amended by PL 2023, c. 399, §1, is 
fmiher amended to read: 
10. Terminally ill or incapacitated prisoner. With the consent of the prisoner, the 
commissioner may transfer a prisoner committed to the department from a correctional 
facility to supervised community confinement without meeting the eligibility requirements 
of subsection 2, paragraphs B and C and without meeting the criteria or fulfilling the 
process provided for under subsection 2-A if the department's director of medical care has 
determined that the prisoner has a terminal or severely incapacitating medical condition or 
has a worsening prognosis that is likely to result in a terminal or severely incapacitating 
medical condition and that care outside a correctional facility is medically appropriate. 
Except as set out in this subsection, the prisoner must live in a hospital or other appropriate 
care facility, such as a nursing facility, residential care facility or a facility that is a licensed 
hospice program pursuant to Title 22, section 8622, approved by the commissioner. As 
SENA TE AMENDMENT 
Ov:, 
~ 
SENATEAMENDMENT"A "toCOMMITTEEAMENDMENT"A"toH.P. 1193,L.D.1863 {5·581) 
approved by the commissioner, the prisoner may receive hospice services from an entity 
licensed pursuant to Title 22, chapter 1681, subchapter 1 or other care services provided by 
an entity approved by the commissioner and, subject to approval by the commissioner, may 
live at home while receiving these services. The commissioner may exempt a prisoner 
transferred to supervised community confinement pursuant to this subsection from any 
mandatory condition under subsection 3 that the commissioner detennines to be 
inapplicable. The prisoner shall provide any infonnation petiaining to the prisoner's 
medical condition or care that is requested by the commissioner at any time while the 
prisoner is on supervised community confinement. If the commissioner determines that 
the prisoner has failed to fully comply with a request or if at any time the department's 
director of medical care determines that the prisoner does not have a terminal or severely 
incapacitating medical condition or a worsening prognosis that is likely to result in a 
terminal or severely mcapacitating medical condition or that care outside a c01Tectional 
facility is not medically appropriate, the commissioner shall revoke the transfer to 
supervised community confinement. 
Sec. 3. 34-A MRSA §3036-A, sub-§12, as enacted by PL 2021, c. 376, §6, is 
amended to read: 
12. Information for prisoners. The department shall make available to all prisoners 
written information about supervised community confinement, including eligibility 
requirements, the application process and the criteria and process for determining whether 
a prisoner eligible for transfer to supervised community confinement may be approved for 
transfer. The department shall include information about the determination and approval 
process for prisoners who have a terminal or severely incapacitating medical condition or 
have a worsening prognosis that is likely to result in a terminal or severely incapacitating 
medical condition and for whom care outside a correctional facility is medically 
appropriate. The department shall publish this information on its publicly accessible 
website. 
Sec. 4. 34-A MRSA §3036-A, sub-§13, as amended by PL 2023, c. 399, §2, is 
fmiher amended to read: 
13. Data tracking. The department shall track data for all prisoners who apply for 
supervised community confinement and approval, denial and, if approved, completion of 
the program. The department also shall track data for all prisoners who are transfe1Ted to 
supervised community confinement under subsection 10. Such data must include, but is 
not limited to, demographic data regarding race and ethnicity, gender, age and convictions 
leading to the prisoner's current incarceration. The department shall publish monthly on its 
publicly accessible website the data tracked pursuant to this subsection in a manner that 
does not violate the confidentiality requirements of section 1216 or any other provision of 
state or federal law.'' 
Amend the amendment by relettering or renumbering any nonconsecutive Pati letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes the bill and Committee Amendment "A" and instead: 
1. Requires the Commissioner of Corrections to track data for grievances filed by 
prisoners about their medical or mental health treatment; 
SENATE AMENDMENT 
~ 
,.~O 
SENATE AMENDMENT" A 
"to COMMITTEE AMENDMENT "A" to H.P. 1193, L.D. 1863 {5Sf:>7) 
2. Clarifies when the Commissioner of Corrections is required to revoke a transfer to 
supervised community confinement; 
3. Includes, in the information the department is required to provide to prisoners, what 
the process is for determining eligibility for transfer to supervised community confinement; 
and 
4. Includes, in information the depa1tment tracks, data for prisoners who are transferred 
to supervised community confinement for a medical reason. 
The amendment provides that the informatfon anp data tracked are required to be 
posted on the deparbnent'; ,;yc1t/esL. Ye 
sje.,,: 
SPONSORED BY: 
1/ /~,p .. , 
-
--r....-r 
(Senator ROTUNDO, M.) 
COUNTY: Androscoggin 
FISCAL NOTE REQUIRED 
(See attached) 
SENA TE AMENDMENT 
Approved: 03/08/24 feac:.. 
LD 1863 
LR 1372(04) 
An Act to Facilitate the Provision of Medically Appropriate Levels of Care for Clients of Correctional 
Facilities 
Fiscal Note for Senate Amendment "ft' to Committee Amendment "A" U;-5 t1) 
Sponsor: Sen. Rotundo of Androscoggin 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fllnd 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
Projections 
FY 2025-26 
Projections 
FY 2026-27 
$0 
($26,404,551) 
($8,334,958) 
($8,415,358) 
$0 
($26,404,551) 
($8,334,958) 
($8,415,358) 
This amendment removes the General Fund appropriations to the Department of Con-ections and eliminates the 25 
positions in the bill. Any additional costs to the department are expected to be minor and can be absorbed within 
existing budgeted resources. 
LR1372(04) - Fiscal Note - Page 1 of 1