An Act Regarding Eligibility of County Jail Inmates for a Community Confinement Monitoring Program
Maine Legislature, Session 131, LD 0692
Committee: Criminal Justice and Public Safety
Sponsors: DOUDERA, BEEBE-CENTER, GERE, JAUCH, RECKITT, RUSSELL, SALISBURY
Amends: 30-A MRSA §1659-A

Legislative Document
No. 692
H.P. 461
House of Representatives, February 16, 2023
An Act Regarding Eligibility of County Jail Inmates for a 
Community Confinement Monitoring Program
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: GERE of Kennebunkport, JAUCH of Topsham, RECKITT of South Portland, 
RUSSELL of Verona Island, SALISBURY of Westbrook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §1659-A, sub-§1, as enacted by PL 2009, c. 391, §6, is 
amended to read:
1.  Petition.  A sheriff, upon written request from an inmate eligible under subsection 
for participation in a community confinement monitoring program and recommended by 
the jail administrator, may assign the inmate to participate in a community confinement 
monitoring program.  At the time of granting this privilege, the sheriff shall determine 
whether the inmate is responsible for the cost of participating in the program based on the 
inmate's ability to pay.
Sec. 2.  30-A MRSA §1659-A, sub-§2, ¶C-1 is enacted to read:
C-1.  The inmate is not serving a sentence for a crime against a family or household 
member as defined in Title 19-A, section 4102, subsection 6, unless the jail 
administrator has determined that the inmate is not reasonably likely to pose a risk to 
the safety of others in the community after the jail administrator has: 
(1)  Reviewed the available criminal history record of the inmate to, at a minimum, 
identify any patterns of behavior that may indicate the inmate poses a risk to the 
safety of others in the community; 
(2)  Reviewed and considered any other available evidence that the inmate poses a 
risk to the safety of others in the community, including the results of any validated, 
evidence-based domestic violence risk assessment that has been completed by law 
enforcement in accordance with Title 19-A, section 4114, subsection 6, paragraph 
E as part of the criminal case for which the inmate is incarcerated; 
(3)  Made a good faith and documented effort to contact the victim of the crime for 
which the inmate is incarcerated to inform the victim of the inmate's application to 
participate in a community confinement monitoring program and inquire about any 
concerns the victim has for the victim's safety or the safety of any member of the 
victim's household in connection to the inmate's application to participate in a 
community confinement monitoring program; 
(4)  Considered any concerns provided pursuant to subparagraph (3) by the victim 
of the crime for which the inmate is incarcerated; 
(5)  Provided notice to the district attorney of the county in which the conviction 
was entered and a local domestic violence resource center; and 
(6)  Certified that each of the requirements in this subsection has been met.  The 
certification must be on a form recommended by the inspections division of the 
Department of Corrections and must:
(a) Include details regarding any concerns provided pursuant to subparagraph 
(3) by the victim of the crime for which the inmate is incarcerated, unless the 
victim has requested otherwise; 
(b) Be signed by the jail administrator; and 
(c) Be provided to the sheriff for review prior to the sheriff's approving 
assignment of the inmate to a community confinement monitoring program.
If a sheriff assigns an inmate serving a sentence for a crime against a family or 
household member as defined in Title 19-A, section 4102, subsection 6 to a community 
confinement monitoring program, a representative from the county jail to which the 
inmate has been sentenced shall make a good faith attempt to notify the victim of that 
crime of the assignment at least 10 days prior to the inmate's release from the county 
jail;
SUMMARY
This bill sets limitations on when a sheriff may assign an inmate in a county jail who 
is serving a sentence for a crime against a family or household member to participate in a 
community confinement monitoring program.  It requires the jail administrator to 
determine that the inmate is not reasonably likely to pose a risk to the safety of others in 
the community.  In making that determination, the jail administrator is required to, among 
other things, review and consider the results of an evidence-based risk assessment and the 
inmate's criminal history record.  The bill also requires a good faith attempt to notify the 
victim of the crime before and after assignment of the inmate to a community confinement 
monitoring program.