An Act to Allow the Department of Corrections to Comply with the Federal Prison Rape Elimination Act of 2003
Maine Legislature, Session 131, LD 2250
Committee Amendment CA_A_S635 (Senate)
Amends: 30-A MRSA §503

COMMITTEE AMENDMENT " (\ " to S.P. 970, L.D. 2250, "An Act to Allow the
Department of Corrections to Comply with the Federal Prison Rape Elimination Act of
2003"
Amend the bill by striking out the title and substituting the following:
'An Act to Allow the Department of Corrections and County Jails to Comply with the
Federal Prison Rape Elimination Act of 2003'
Amend the bill in the emergency preamble in the 2nd paragraph in the 2nd line (page
1, line 4 in L.D.) by insertmg after the following: "Corrections" the following: 'and county
jails'
Amend the bill in the emergency preamble in the 3rd paragraph in the first line (page
1, line 6 in L.D.) by inserting after the following: "Corrections" the following; 'and county
jails'
Amend the bill in the emergency preamble by striking out all of the 4th paragraph (page
1, lines 9 to 12 in L.D.) and inserting the following:
'Whereas, noncompliance would result in a loss of over $80,000 in grant funding to
the State's Department of Corrections and would prohibit the State's Department of
Corrections and county jails from accepting resident transfers from facilities that meet
relevant federal standards, including, but not limited to, county jails and facilities in other
states; and'
Amend the bill in section 3 in paragraph F by striking out all of subparagraph (1)(page
2, lines 18 and 19 in L.D.) and inserting the following:
'd) Whether the individual alleged to have engaged in the sexual misconduct or
sexual harassment is still assigned to the same work location where the sexual
misconduct or sexual harassment allegedly occurred;'
Amend the bill by inserting after section 3 the following:
'See. 4. 30-A MRSA §503, sub-§l-B is enacted to read:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " f\ " to S.P. 970, L.D, 2250 ^.S-^
5»»>"" ^ ^.g^ Investieation of allesation of sexual misconduct or sexual harassment by
county jail employee. Notwithstanding subsection 1, paragraph B, subparagraph f5'). in
the_case of an allegation of sexual misconduct or sexual harassment withina county j ail or
detention facility, a determination that the allegation was substantiated, unsubstantiated or
unfounded may be disclosed to the alleged victim. Unless the allegation is determined to
be unfounded, the following information may also.beshared_with the_alleged victim:
A. Whether the individual alleged to have engaged in the sexual misconduct or sexual
harassment is still assigned to the same work location where the sexual misconduct or
sexual harassment allegedly occurred;
B. Whether the individual under paragraph A is still employed at the county jail or
detention facility;
C. Whether the individual under paragraph A has been criminally charged or convicted
of a crime arising out of the allegation of sexual misconduct or sexual harassment; and
D, Whether the prosecuting agency declined to indict the individual under paragraph
A based on the allegation of sexual misconduct or sexual harassment.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment removes the provision of the bill that would have authorized the
Department of Corrections to disclose to an alleged victim of sexual misconduct or sexual
harassment within a correctional facility information about any subsequent work locations
of the individual alleged to have engaged in the sexual misconduct or sexual harassment.
The amendment instead authorizes the department to disclose to the alleged victim
information regarding whether the individual alleged to have engaged in the sexual
misconduct or sexual harassment is still assigned to the same work location where the
sexual misconduct or sexual harassment allegedly occurred.
The amendment also amends the statutory confidentiality provisions related to
personnel records of county employees to allow an alleged victim of sexual misconduct or
sexual harassment in a county jail or detention facility to receive the same information
0 about the individual alleged to have engaged in the sexual misconduct or sexual harassment
that an alleged victim of sexual misconduct or sexual harassment in a correctional facility
may receive under the provisions of the bill as amended.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/14/24 ^%^c-
LD 2250 LR 3124(02)
An Act.to Allow the Department of Corrections to Comply with the Federal Prison Rape Elimination
Act of 2003
Fiscal Note for Bill as Amended by Committee Amendment "/^/s-^
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Additional costs to the Department of Corrections associated with implementing this legislation are expected to be
minor and can be absorbed within existing budgeted resources.
LR3124(02) - Fiscal Note - Page 1 of 1