An Act to Implement the Recommendat10ns of the Committee To Ensure Constitutionally Adequate Contact with Counsel
Maine Legislature, Session 131, LD 1603
Committee Amendment CA_A_S387 (Senate)
Amends: 4 MRSA §1804, 5 MRSA §200-N, 15 MRSA §714, 25 MRSA §2802, 25 MRSA §2803-B, 25 MRSA §2804-C, 25 MRSA §2804-D, 30-A MRSA §291, 34-A MRSA §1208, 34-A MRSA §1402

COM1\1ITTEE Al\1ENDMENT "}" to SP 635, L D 1603, "An Act to Implement 
the Recommendat10ns of the Committee To Ensure Constitutionally Adequate Contact 
with Counsel" 
Amend the bill by strikmg out everythmg after the enactmg clause and msertmg the 
followmg 
'PART A 
Sec. A-1. 4 MRSA §1804, sub-§3, ,IN, as amended by PL 2021, c 481, §3, 1s 
further amended to read 
N Develop a procedure for approvmg requests by counsel for authonzat10n to file a 
petition as descnbed m section 1802, subsection 4, paragraph D, aH:a 
Sec. A-2. 4 MRSA §1804, sub-§3, 10, as enacted by PL 2021, c 481, §4, 1s 
amended to read 
Establish a system to audit fmanc1al requests and payments that mcludes the 
authonty to recoup payments when necessary The comm1ss1on may summon persons 
and subpoena witnesses and compel therr attendance, requrre product10n of evidence, 
admm1ster oaths and examme any person under oath as part of an audit Any summons 
or subpoena may be served by registered mail with return receipt Subpoenas issued 
under this paragraph may be enforced by the Supenor Court-, and 
Sec. A-3. 4 MRSA §1804, sub-§3, ~ 
1s enacted to read 
P Develop and mamtam a registry of names, telephone numbers and other contact 
mformat10n for attorneys who provide legal services to persons who are mcarcerated 
The comm1ss1on shall on a weekly basis provide these names, telephone numbers and 
other contact mformat1on to all shenffs' offices and to the Department of Corrections 
On the Monday followmg transm1ss1on of the mformatlon, the shenffs' offices and the 
Department of Correct10ns have constructive notice that commumcat1ons to and from 
these attorneys by residents of 1a1ls and correctional fac1hties are sub1ect to the 
COMMITTEE AMENDMENT 
Ros 
COMMITTEE AMENDMENT "A" to S P 635, L D 1603 
attorney-client privilege The attorneys' names, telephone numbers and other contact 
mformat10n are confidential 
Sec. A-4. 5 MRSA §200-N 1s enacted to read 
§200-N. Confidential attorney-client commumcations 
1. Policies. By January 1, 2024, the Attorney General shall adopt a written policy for 
the protection of confidential attorney-client commumcat10ns by employees and agents of 
the Attorney General, which must mclude, at a mmIIDum, processes to protect and ensure 
confidentiality of attorney-client commumcatlons and processes to be followed m the event 
that there 1s a breach of attorney-client confidentiality 
2. Trammg. By January 1, 2024, the Attorney General shall develop a traillmg 
program for all state, county and mumc1pal law enforcement officers and illvest1gators 
who, as part of a crIIDmal mvest1gat1on, may illadvertently hear confidential attorney-client 
commumcat1ons, which must mclude, at a mmum, practices and procedures for 
protectillg and ensurillg confidential attorney-client commumcat1ons and practices and 
procedures to be followed m the event that there 1s a breach of attorney-client 
confidentiality 
Sec. A-5. 15 MRSA §714 1s enacted to read 
§714. Intercepted attorney-client commumcations of 1ad and correctional facility 
residents 
1. Intercepted attorney-client commumcations of 1aII and correctional facility 
residents. If the sender or the recipient of an illtercepted oral commumcat1on or wire 
commumcat10n was, at the tIIDe the commumcat1on was made, a resident ill either a 1ad or 
an adult or rnvemle correctional facility admm1stered by the Department of Corrections and 
the other party was an attorney and 1fthe resident demonstrates that the 1a1I or correctional 
facility had actual or constructive notice at the tIIDe the commumcatlon was made of the 
attorney's name and, 1f the commumcat1on mvolved the use of a telephone, the iail or 
correct10nal facility had actual or constructive notice at the tIIDe that the commumcation 
was made of the attorney's telephone number and the commumcation was made directly to 
or from that telephone number 
A The contents of the mtercepted oral commumcat10n or wire commumcat1on and the 
fact and circumstances of the commumcat10n are not adm1ss1ble m a crIIDillal 
proceedillg, mcludmg a proceedmg under chapter 305-A, 
B A person who viewed or listened to the illtercepted commumcat10n and did not 
Immediately d1scontmue v1ewmg or listenmg to the commumcation as soon as the 
person had sufficient mformat10n to determme that the sender or the recipient of the 
commumcation was, at the tIIDe the commumcat1on was made, a resident ill a 1a1l or 
correctional facility and the other part was an attorney, 1s disqualified from 
part1c1patmg m an mvestigat1on of the resident and from appearillg as a witness m a 
cnmillal proceedmg m which the resident 1s a defendant, mcludmg a proceedmg under 
chapter 3 05-A, and 
C A person who viewed or listened to the mtercepted commumcat10n and saw or heard 
mformat1on that may be relevant to a pendmg or ant1c1pated charge agamst the resident 
or a defense the resident may assert, or may lead to the discovery of that evidence, 1s 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT 'A "to SP 635, L D 1603 
disqualified from part1c1patmg m the mvest1gat1on of the resident and from appearmg 
as a witness m the pendmg or anticipated cnmmal proceedmg m which the resident 1s 
a defendant, mcludmg a subsequent proceedmg under chapter 305-A on the pendmg or 
anticipated charge 
For purposes of this subsect10n, the mclus10n of the attorney's name and telephone number 
on a list transmitted by the Mame Comm1ss1on on Indigent Legal Services pursuant to Title 
4, section 1804, subsection 3, paragraph P to a shenffs office or to the Department of 
Corrections constitutes constructive notice to a 1ail m the same county as the shenffs office 
or to all correctional fac1lit1es admm1stered by the Department of Correct10ns, respectively, 
begmmng on the Monday followmg the transm1ss1on 
2. Application of other law or rule. This sect10n does not lnmt the applicability of 
any other prov1s10n of law or of the Mame Rules of Evidence regardmg the adm1ss1b1lity 
or madm1ss1b1lity m evidence of attorney-client commumcat1ons that do not meet the 
regurrements of this sect10n 
Sec. A-6. 25 MRSA §2802, first 1, as amended by PL 2019, c 103, §1, 1s further 
amended to read 
There 1s created a board of trustees for the academy consistmg of -1-8 19 members as 
follows the Comm1ss1oner of Public Safety, ex offic10, the Attorney General, ex offic10, 
the Game Warden Colonel m the Department oflnland F1shenes and Wildlife, ex officio, 
the Comm1ss10ner of Correct10ns, ex offic10, the Chief of the State Police, ex officio, and 
the followmg to be appomted by the Governor a county shenff, a chief of a mumc1pal 
police department, 2 officers of mumc1pal police departments who are not police chiefs, an 
educator who 1s not and has never been a sworn member of a law enforcement agency, a 
cnmmal prosecutor from one of the offices of the D1str1ct Attorney, a representative of a 
federal law enforcement agency, 3 citizens each of whom 1s not and has never been a sworn 
member of a law enforcement agency, a mumc1pal official who 1s not and has never been 
a sworn member of a law enforcement agency, one nonsupervisory correct10ns officer 
representmg a state or county correctional facility, one person who 1s an attorney who 
represents defendants m cnmmal cases and one person knowledgeable about public safety 
who has been recommended to the Governor by the Wabanak1 tnbal governments of the 
Aroostook Band of M1cmacs M1'kmaq Nation, the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tnbe at Motahkm.Ikuk, the Passamaquoddy Tnbe at S1payik and the 
Penobscot Nation The member appomted by the Governor based on the recommendat10n 
of the Wabanak1 tribal governments must be recommended by the tribal governments by a 
process determmed by those governments that provides for the board membership to rotate 
among the tribal governments 
Sec. A-7. 25 MRSA §2803-B, sub-§1, ~' as amended by PL 2021, c 342, §2, 
1s further amended to read 
M Freedom of access requests The chief admm1strat1ve officer of a mumc1pal, county 
or state law enforcement agency shall certify to the board annually that the agency has 
adopted a wntten policy regardmg procedures to deal with a freedom of access request 
and that the chief admm1strat1ve officer has designated a person who 1s tramed to 
respond to a request received by the agency pursuant to Title 1, chapter 13, aaa 
Sec. A-8. 25 MRSA §2803-B, sub-§1, ~' as enacted by PL 2021, c 342, §3, 1s 
amended to read 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDl\.ffiNT 'A " 
to S P 635, L D 1603 
N Unannounced execution of search warrants-, and 
Sec. A-9. 25 MRSA §2803-B, sub-§1, 10 1s enacted to read 
O By January 1, 2024, the confidentiality of attorney-client commumcatlons, which 
must mclude, at a mm1mum, processes to protect and ensure confidentiality of 
attorney-client commumcat1ons and processes to be followed m the event that there 1s 
a breach of attorney-client confidentiality 
Sec. A-10. 25 MRSA §2804-C, sub-§2-G 1s enacted to read 
2-G. Trammg regardmg confidential attorney-client commumcatJ.ons. Begmnmg 
January 1, 2024, the board shall mclude m the basic law enforcement trammg program a 
block of mstruct1on on the confidentiality of attorney-client commumcat1ons, mcludmg the 
processes that law enforcement agencies use to protect and ensure the confidentiality of 
attorney-client commumcatlons and the processes that law enforcement agencies follow m 
the event that there 1s a breach of attorney-client confidentiality 
Sec. A-11. 25 MRSA §2804-D, as amended by PL 2017, c 436, §1, 1s further 
amended to read 
§2804-D. Basic corrections trammg 
1. Reqmred. As a condition to the contmued employment of any person as a 
correct10ns officer, that person must successfully complete, w1thm the first 12 months of 
employment, a basic trammg course as approved by the board Thereafter, as a cond1t1on 
of contmued employment as a corrections officer, the officer must satlsfactonly mamtam 
the basic cert1ficat10n 
The board, under extenuatmg and emergency crrcumstances m 
md1v1dual cases, may extend the 12-month penod for not more than 180 days The board, 
m md1v1dual cases, may waive basic trammg requrrements when the facts md1cate that an 
eqmvalent course has been successfully completed m another state or federal Junsd1ct10n 
A full-t1me correct10nal trade mstructor must meet the trammg requrrements established 
under this subsection for corrections officers Begmnmg January 1, 2018, the basic trammg 
course must mclude 8 hours of trammg m how to identify, understand and respond to signs 
of mental Illnesses and substance use disorder that 1s provided by a tramer who 1s certified 
by a nationally recognized organtzatlon that provides evidence-based mental health first 
aid trammg Begmmng January 1, 2024, the basic trammg course must mclude a block of 
mstructlon on the confidentiality of attorney-chent commumcat1ons, mcludmg the 
processes that correctional fac1htles and 1a1ls use to protect and ensure the confident1ahty 
of attorney-client commumcatlons and the processes that correct10nal facilities and 1atls 
follow m the event that there 1s a breach of attorney-chent confidentlahty 
Sec. A-12. 30-A MRSA §291 is enacted to read 
§291. Confidential attorney-cbent commumcations 
By January 1, 2024, each d1str1ct attorney shall adopt a wntten policy for the protection 
of confidential attorney-client commumcattons by employees and agents of the d1str1ct 
attorney's office, which must mclude, at a mm1mum, processes to protect and ensure 
confident1ahty of attorney-client commumcat10ns and processes to be followed m the event 
that there 1s a breach of attorney-client confidentiality 
Sec. A-13. 34-A MRSA §1208, sub-§81s enacted to read 
COMMITTEE AMENDMENT 
ROS 
COMMITIEE AMENDMENT 'A" to SP 635, L D 1603 
8. Standards regardmg attorney-client commumcations. The commiss10ner shall 
establish mandatory standards 
A 
By January 1, 2024, for the protection of confidential attorney-client 
commumcatlons by each county and mumc1pal detention facility The standards must 
mclude, at a mmimum 
(1) 
Processes to protect and ensure confidentiality of attorney-client 
commumcat10ns, mcludmg but not IIm1ted to regurrements that each facility 
develop and mamtam a registry of the names, telephone numbers and other contact 
mformat10n for attorneys who provide legal services to residents of the facility and 
that the attorneys' names, telephone numbers and other contact mformation on the 
registry are confidential, except that each facility must proactlvely and by request 
of the attorney or the attorney's client who 1s a resident of the facility confrrm the 
reg1strat1on of an attorney's name, telephone number and other contact mformat1on, 
and 
(2) Processes to be followed m the event that there 1s a breach of attorney-client 
confidentiality, and 
B 
By January 1, 2024, regurrmg each county and mumcipal detention facility to 
designate space w1thm the facility for attorney-client meetmgs and the exchange of 
case materials and to make that space available to residents of the facility and therr 
attorneys on a t1mely basis 
Sec. A-14. 34-A MRSA §1402, sub-§14 is enacted to read 
14. Standards regardmg attorney-client commumcations. The comm1ss10ner shall 
establish mandatory standards 
A 
By January 1, 2024, for the protect10n of confidential attorney-client 
commumcat10ns by each correctional fac1hty The standards must mclude, at a 
mm1mum 
(1) 
Processes to protect and ensure confidentiality of attorney-client 
commumcations, mcludmg but not hm1ted to regurrements that each correctional 
facility develop and mamtam a registry of the names, telephone numbers and other 
contact mformat1on for attorneys who provide legal services to persons who are 
residents of the correctional facility and that the attorneys' names, telephone 
numbers and other contact mformat1on on the registry are confidential, except that 
each correctional fac1hty must proact1vely and by request of the attorney or the 
attorney's chent confirm the reg1strat10n of an attorney's name, telephone number 
and other contact mformation, and 
(2) Processes to be followed m the event that there is a breach of attorney-client 
confidentiality, and 
B By January I, 2024, regurrmg each correctional facility to designate space withm 
the correctional facility for attorney-client meetmgs and the exchange of case matenals 
and to make that space available to residents of the correct10nal facility and therr 
attorneys on a timely basis 
PARTB 
COMMITTEE AMENDMENT 
ROS 
COMMI'ITEE AMENDMENT"/• 1D SP 635, L D 1603 
Sec. B-1. Report on courthouse space. The State CourtAdm1mstrator shall submit 
a report by January 1, 2024 to the Jomt Standmg Committee on Cnmmal Justice and Pubhc 
Safety and the Jomt Standmg Committee on Jud1c1ary on the availab1hty of space m pubhc 
areas of courthouses and m secure holdmg areas of courthouses for confidential attorney-
chent communications, mcludmg the review of wntten, video and aud10 matenals related 
to cnmmal cases The report must mclude an assessment of the space available m each 
courthouse and, to the extent space 1s madequate for confidential attorney-chent 
commumcat1ons, a plan for the development of adequate space w1thm that courthouse 
Sec. B-2. Development of policies and procedures. 
The County Corrections 
Professional Standards Council, estabhshed m the Mame Revised Statutes, Title 5, section 
12004-G, subsection 6-D, shall convene meetmgs of state, county and mun1c1pal law 
enforcement agencies, county and mumc1pal Jails, the Jud1c1al branch, the Department of 
Corrections, the Mame Shenffs' Association, the Office of the Attorney General, the Mame 
Prosecutors Association, the Mame Association of Cnmmal Defense Lawyers and the 
Mame Comm1ss1on on Indigent Legal Services to develop a consistent set of pohc1es and 
procedures to be Implemented by all law enforcement agencies, d1stnct attorneys' offices, 
Jails, holdmg fac1hties, short-term detention areas and correctional fac1ht1es, as apphcable 
to the agencies, offices and fac1ht1es, that protect and ensure attomey-chent 
commumcat1ons are confidential and that clearly descnbe the followmg 
The process for protectmg and ensurmg the confident1ahty of attorney-chent 
commumcat10ns, 
The pohc1es to be followed m the event that there 1s a breach of attorney-chent 
confidentiahty, and 
The methods by which attorneys and persons who are residents of Jails and 
correctional fac1ht1es will be made aware of confidential channels for attorney-chent 
commumcat10ns and the methods by which persons who are residents of Jails and 
correctional fac1ht1es will be provided with mformat1on regardmg therr nght to confidential 
attorney-chent commumcat1ons ' 
Amend the bill by relettenng or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment, which 1s the maJonty report of the committee, replaces the prov1s1on 
of the bill that descnbes the consequences of the mtercept1on of an oral or wire 
commumcation between a person res1dmg m either a Jail or m an adult or Juvemle 
correctional fac1hty and an attorney Under the amendment, 1f the defendant can show that 
the Jail or correct10nal fac1hty had actual or constructive notice of the attorney's name and, 
1f the commumcat10n mvolved the use of a telephone, the Jail or correctional fac1hty had 
actual or constructive notice of the attorney's telephone number and the communication 
was made drrectly to or from that telephone number 
The contents and existence of the commumcation are not adm1ss1ble m a cnmmal 
proceedmg, mcludmg a post-conviction review proceedmg, 
A person who viewed or hstened to the commumcat10n and did not Immediately 
d1scontmue domg so as soon as the person had sufficient mformat10n to determme that the 
COMMITTEE AMENDMENT 
~o~ 
COMMITIBE AMENDMENT") " to SP 635, L D 1603 
commumcation was protected, is disqualified from participatmg m an mvestigat10n of the 
resident and from appearmg as a witness m a crimmal proceedmg m which the resident is 
a defendant, mcludmg a post-convict10n review proceedmg, and 
A person who viewed or listened to the mtercepted commumcat10n and saw or heard 
mformat10n that may be relevant to a pendmg or anticipated charge agamst the resident or 
a defense the resident may assert, or that may lead to the discovery of that evidence, is 
disqualified from participatmg m an mvestigation of the resident or appearmg as a witness 
m the pendmg or anticipated crimmal proceedmg m which the resident is a defendant, 
mcludmg a subsequent post-conviction review proceedmg on the pendmg or anticipated 
crimmal proceedmg 
The amendment also removes the requrrement that all county Jails and correctional 
facilities designate, withm 18 months of the effective date of this legislat10n, a private and 
secure space withm the Jail or correctional facility for residents of the facility to store and 
view materials, mcludmg audiovisual materials, related to crimmal proceedmgs and post-
conviction review proceedmgs mvolvmg those residents 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised 06/14/23 twaC! 
LD 1603 
LR2478(02) 
An Act to Implement the Recommendations of the Committee To Ensure Constitutionally Adequate 
Contact with Counsel 
Fiscal Note for BIil as Amended by Committee Amendment 
11/t• ( ~,<!;/{]\ 
Comrmttee: Judiciary 
n 
I) 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Mmor cost increase - General Fund 
Fiscal Detatl and Notes 
Add1t10nal costs to the Office of the Attorney General, the Mame C01mmss10n on Indigent Legal Services the 
Judicial Department, the Department of Correct10ns and the Department of Pubhc Safety to implement the prov1S1ons 
of this bill can be absorbed w1thm ex1stmg budgeted resources