An Act to Exclude from Eligibility for a Community Confinement
Maine Legislature, Session 132, LD 1684
Committee: Criminal Justice and Public Safety
Sponsors: DOUDERA
Amends: 30-A MRSA §1659-A, 34-A MRSA §3036-A

Legislative Document
No. 1684
H.P. 1119
House of Representatives, April 17, 2025
An Act to Exclude from Eligibility for a Community Confinement 
Monitoring Program a Person Serving a Sentence for Certain 
Domestic Violence Crimes
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §1659-A, sub-§2, ¶C-1, as enacted by PL 2023, c. 250, §2, 
is amended 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 crime is not an 
offense described in paragraph C-2 and 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. Notification of the victim under this paragraph must be made both by mail and by 
phone or in person;
Sec. 2.  30-A MRSA §1659-A, sub-§2, ¶C-2 is enacted to read:
C-2.  The inmate is not serving a sentence for any offense against a family or household 
member or dating partner in violation of Title 17-A, section 208-D, 208-E or 208-F;
Sec. 3.  34-A MRSA §3036-A, sub-§2, ¶E is enacted to read:
E.  A prisoner may not be transferred to supervised community confinement if the 
prisoner is serving a term of imprisonment for any offense against a family or 
household member or dating partner in violation of Title 17-A, section 208-D, 208-E 
or 208-F.
SUMMARY
This bill amends the provisions of law governing community confinement monitoring 
programs and supervised community confinement monitoring programs available to 
inmates of county jails and prisoners of the Department of Corrections, respectively. The 
bill provides that transfer to a community confinement monitoring program or supervised 
community confinement monitoring program is not available to an inmate or prisoner who 
is serving a sentence for domestic violence aggravated assault, domestic violence elevated 
aggravated assault or domestic violence elevated aggravated assault on a pregnant person.