An Act to Exclude
Maine Legislature, Session 132, LD 1684
Committee Amendment CA_A_H665 (House)
Amends: 34-A MRSA §3036-A

COMMITTEE AMENDMENT" It: to H.P. 1119, L.D. 1684, "An Act to Exclude 
from Eligibility for a Community Confinement Monitoring Program a Person Serving a 
Sentence for Ce1tain Domestic Violence Crimes" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Implement Additional Criteria and Processes for the Supervised 
Community Confinement Program' 
Amend the bill by striking out eve1ything after the enacting clause and inserting the 
following: 
'Sec. 1. 34-A MRSA §3036-A, sub-§2-A, ~' as enacted by PL 2021, c. 376; ·§3, 
is amended to read: 
• 
B. The process must reflect best practices for evaluating the likelihood of a prisoner's 
completion of supervised community confinement if transfe!1'ed and must provide 
guidance to depa1tment staff as to how to apply the established criteria when 
conducting the evaluation. The process must require, when infonnation is obtained by 
the deprutment from persons in the community for the purpose of detennining whether 
to approve a prisoner for transfer to supervised community confinement, that those 
persons be informed of the prisoner's fulfillment of expectations as to conduct, 
fulfillment of expectations as to work, education, and rehabilitation progrruns assigned 
in the case plan and other rehabilitative effo1ts and accomplishments. The process 
must include consideration of any information provided by the Office of Victim 
Services, as established in section 1214, and, if requested by the office, allow for an 
extension of time necessa1y for the office to make additional good faith efforts to 
contact any victims of the crimes for which the prisoner is incarcerated. The process 
must include an evaluation of whether the proposed supervised community 
confinement plan is responsive to reasonable safety concerns raised by persons in the 
community, including any victims of the crimes for which the prisoner is incarcerated. 
The process must also include the right of a prisoner who is eligible for transfer to 
COMMITTEE AMENDMENT 
~o<:o 
COMMITTEE AMENDMENT 'A" to H.P. 1119, L.D. 1684 
supervised community confinement as provided in subsection 2 but who has not been 
approved for transfer to appeal that dete1mination to the commissioner. 
Sec, 2. 34-A MRSA §3036-A, sub-§2-B is enacted to read: 
2-B. Additional process for prisoners incarcerated for crime committed against 
family or household member or dating partner. In addition to the process required by 
subsection 2-A. in dete1mining whether a prisoner incarcerated for a crime that was 
committed against a family or household member, as defined in Title 19-A, section 4102, 
subsection 6, or dating pa1tner, as defined in Title 19-A. section 4102, subsection 4. is 
approved for transfer, the process under this subsection must provide for the following: 
A. Review and consideration of the results of any validated. evidence-based domestic 
violence risk assessment, including one that has been completed by a law enforcement 
officer in accordance with Title 19-A. section 4114. subsection 6, paragraph E as pa1t 
of the criminal case for which the prisoner is incarcerated; and 
B. Notification of the application for transfer to supervised community confinement 
to the district attorney of the county in which the conviction was entered as well as a 
local domestic violence resource center. 
Sec. 3. 34-A MRSA §3036-A, sub-§3, ~ 
is enacted to read: 
K. When required by the commissioner and to the extent that the commissioner 
determines that the prisoner has the financial resources, the prisoner shall continue to 
pay any outstanding victim restitution at a level similar to what the prisoner would have 
had to pay if the prisoner had remained incarcerated at a depaitment con·ectional 
facility. 
Sec. 4. 34-A MRSA §3036-A, sub-§10, as amended by PL 2023, c. 659, §2, is 
further amended to read: 
10. Terminally ill or incapacitated prisoner. With the consent of the prisoner, the 
commissioner may transfer a prisoner committed to the depaitment 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 subsections 2-A and 2-B if the department's director 
of medical care has dete1mined 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 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 
determines to be inapplicable. The prisoner shall provide any information pe1taining 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 commiss,ioner determines that 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "f:._' to H.P. 1119, L.D. 1684 
the prisoner has failed to fully comply with a request or if at any time the department's 
director of medical care detennines that the prisoner does not have a terminal or severely 
incapacitating medical condition or a worsening prognosis that is likely to result in a 
tem1inal or severely incapacitating medical condition or that care outside a correctional 
facility is not medically appropriate, the commissioner shall revoke the transfer to 
supervised community confinement.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively, 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill and 
changes the title, The amendment requires that the process and criteria for determining a 
Department of Con-ections prisoner's eligibility in the supervised community confinement 
program includes considering input from the Office of Victim Services within the 
department and further requires that a prisoner's supervised community confinement 
program plan is responsive to reasonable community and victim concerns. The amendment 
also provides that the process and criteria must include review and consideration of any 
validated, evidence-based domestic violence risk assessment for a prisoner who is 
incarcerated for a crime committed against a family or household member or dating pa1tner. 
The amendment requires a prisoner who is released to the supervised community 
confinement program to continue paying any victim restitution similar to what the prisoner 
would have paid if the prisoner had stayed in a depa1tment correctional facility. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03/25 LRL 
LD 1684 
LR 2331(03) 
An Act to Exclude from Eligibility for a Community Confinemen_t Monitoring Program a Person 
Serving a Sentence for Certain Domestic Violence Crimes 
Fiscal Note for Bill as Amended by Committee Amendment').." /L.( _1 1 -~\ 
Committee: Criminal Justice and Public Safety 
't\ \ r 
lOfl ~ ) 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Conections from the provisions of this bill are expected to be minor and 
can be absorbed within existing budgeted resources. 
LR233 l (03) - Fiscal Note - Page 1 of 1