An Act to Implement Certam Recommendat10ns of the Commission to Examme Reestabhshmg Parole
Maine Legislature, Session 131, LD 0720
Committee Amendment CA_A_S388 (Senate)
Amends: 34-A MRSA §3036-A

COMMITTEE AMENDMENT "ft" to S P 278, L D 720, "An Act to Implement 
Certam Recommendat10ns of the Commission to Examme Reestabhshmg Parole" 
Amend the bill by stnkmg out the title and substitutmg the followmg 
'An Act to Expand Ebg1b1bty for Supervised Commumty Confinement for Prisoners 
with a Prognosis Likely to Result m an Incapac1tatmg Medical Cond1t1on' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 34-A MRSA §3036-A, sub-§10, as amended by PL 2021, c 376, §5, is 
further amended to read 
10. Termmally di or mcapacitated prisoner With the consent of the pnsoner, the 
com1mss10ner may transfer a pnsoner committed to the department from a correctional 
fac1hty to supervised commumty confinement without meetmg the ehgib1hty requrrements 
of subsection 2, paragraphs B and C and without meetmg the cntena or fulfillmg the 
process provided for under subsection 2-A if the department's drrector of medical care has 
determmed that the pnsoner has a termmal or severely mcapac1tatmg medical condit10n or 
has a worsenmg prognosis that 1s hkely to result m a termmal or severely mcapac1tatmg 
medical condition and that care outside a correct10nal facihty is medically appropnate 
Except as set out m this subsect10n, the prisoner must hve m a hospital or other appropnate 
care fac1hty, such as a nursmg fac1hty, res1dent1al care fac1hty or a fac1hty that 1s a licensed 
hospice program pursuant to Title 22, sect10n 8622, approved by the comm1ss1oner As 
approved by the comm1ss1oner, the pnsoner may receive hospice services from an entity 
hcensed pursuant to Title 22, chapter 1681, subchapter 1 or other care services provided by 
an entity approved by the commiss10ner and, subject to approval by the commiss10ner, may 
hve at home while receivmg these services The commiss10ner may exempt a pnsoner 
transferred to supervised commumty confmement pursuant to this subsection from any 
mandatory condition under subsection 3 that the commiss10ner determmes to be 
mapphcable 
The pnsoner shall provide any mformation pertammg to the pnsoner's 
medical cond1t10n or care that is requested by the commissioner at any time while the 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT ·A "to SP 278, L D 720 
pnsoner 1s on supervised commumty confinement 
If the comm1ss1oner determmes that 
the pnsoner has faded to fully comply with a request or 1f at any trme the department's 
director of medical care determmes that the pnsoner does not have a termmal or severely 
mcapac1tatmg medical condition or that care outside a correct10nal fac1hty 1s not medically 
appropnate, the comm1ss10ner shall revoke the transfer to supervised commumty 
confmement' 
Amend the bill by relettermg or renumbenng any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill, which 1s a concept draft, and changes the title The 
amendment expands the ab1hty of the Department of Corrections to transfer a prisoner from 
a correctional fac1hty to the supervised commumty confmement program, when the 
pnsoner does not otherwise meet the ehg1b1hty criteria of the supervised commumty 
confmement program, to mclude circumstances when the prisoner has a worsenmg 
prognosis that 1s hkely to result m a termmal or severely mcapac1tatmg medical condition 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/15/23 ~ae 
LD720 
LR 513(02) 
An Act to Implement Certam Recommendations of the Commission to Examme Reestabbshmg Parole 
Fiscal Note for BIii as Amended by Committee Amendment 'Jf" ($ ~/f/\ 
Committee: Judiciary 
/ 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Mmor cost mcrease - General Fund 
Fiscal DetaII and Notes 
~) Addit10nal costs to the Department of Correct10ns associated with unplementmg this legislat10n can be absorbed 
withm existmg budgeted resources 
T Df\..:1 ".2/(\'')\ 
"C' nnnl 11.Tn+n 
Dnn-n 1 n+' 1