reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 1: ADMINISTRATIVE PROVISIONS › 34-A §3011. Investigative officers and other law enforcement officers

§3011. Investigative officers and other law enforcement officers
1.  Exercise of law enforcement powers.
Investigative officers and other employees of the department who are certified by the Board of Trustees of the Maine Criminal Justice Academy as law enforcement officers may exercise the powers of other law enforcement officers with respect to crimes or juvenile crimes relating to the security or orderly management of a facility and engage in any other activity that is related to the administration of criminal justice as defined in Title 16, section 703, subsection 1 for the purposes of the Criminal History Record Information Act or as defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and Investigative Record Information Act or the administration of juvenile justice, if authorized to exercise these powers by the commissioner. These employees may issue administrative subpoenas, if authorized to exercise these powers by the commissioner and by the Attorney General or the Attorney General's designee. These powers are in addition to any powers the employees may otherwise have as employees of the department. Internal investigations of employees of the department must be conducted pursuant to any applicable collective bargaining agreement.
[PL 2021, c. 365, §36 (AMD); PL 2021, c. 365, §37 (AFF).]
2.  Working agreement.
The commissioner shall negotiate a working agreement with the Department of the Attorney General concerning procedures and respective responsibilities for the exercise of law enforcement powers by investigative officers and other employees pursuant to subsection 1.
[PL 2013, c. 80, §6 (AMD).]
SECTION HISTORY
PL 1997, c. 102, §2 (NEW). PL 2007, c. 102, §8 (AMD). PL 2009, c. 142, §16 (AMD). PL 2013, c. 80, §6 (AMD). PL 2015, c. 470, §19 (AMD). PL 2021, c. 365, §36 (AMD). PL 2021, c. 365, §37 (AFF).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 1: ADMINISTRATIVE PROVISIONS › 34-A §3012. Food and food supplies

§3012. Food and food supplies
1.  Operation of commissary.
Notwithstanding Title 5, section 8‑C, the chief administrative officer of a correctional facility or detention facility may, subject to the approval of the commissioner, permit the operation of a commissary for the sale of food and food supplies to persons residing in the facility and to facility employees.
[PL 2005, c. 488, §11 (NEW).]
2.  Provision of meals to employees.
Notwithstanding Title 5, section 8‑C, the chief administrative officer of a correctional facility or detention facility may, subject to the approval of the commissioner, purchase meals for or otherwise provide meals without charge to any facility employee who eats such meals within the scope of employment and in so doing serves a function of employment.
[PL 2005, c. 488, §11 (NEW).]
SECTION HISTORY
PL 2005, c. 488, §11 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 1: ADMINISTRATIVE PROVISIONS › 34-A §3013. Special response teams

§3013. Special response teams
The commissioner may establish ongoing special response teams consisting of personnel from more than one facility or division of the department to assist, as determined by the commissioner, in responding to special situations anywhere in the department.   [PL 2009, c. 498, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 498, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 1: ADMINISTRATIVE PROVISIONS › 34-A §3014. Input into health care services

§3014. Input into health care services
1.  Input from clients.
The chief administrative officer of each correctional facility housing adult clients shall seek input from the clients of that facility on at least a quarterly basis relating to the adequacy of the medical and mental health services being provided and suggestions for the development, expansion and improvement of those services.
[PL 2021, c. 359, §1 (NEW).]
2.  Diversity of clients providing input.
The chief administrative officer of each correctional facility shall solicit input pursuant to subsection 1 from adult clients who are representative of the diversity of adult clients housed by the facility, including diversity with respect to race, ethnicity, age and gender, as well as security classification level.
[PL 2021, c. 359, §1 (NEW).]
3.  Documentation of input.
The chief administrative officer of each correctional facility shall document input under this section from the facility's clients in the facility's yearly reports.
[PL 2021, c. 359, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 359, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3031-A. Transportation outside the State for medical care

§3031-A. Transportation outside the State for medical care
1.  Transportation.
A person residing in a correctional or detention facility may be transported by the department for medical care outside the State if the facility's treating physician determines the care is necessary and unavailable within the State.
[PL 2001, c. 386, §13 (NEW).]
2.  Costs.
The person, if able, shall pay the cost of transportation and the per diem compensation of the accompanying officers.
[PL 2001, c. 386, §13 (NEW).]
SECTION HISTORY
PL 2001, c. 386, §13 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3031-B. Limitation on reimbursement rate to medical service providers for services outside department facility

§3031-B. Limitation on reimbursement rate to medical service providers for services outside department facility
Effective July 1, 2004, the department or its contracted medical provider may pay to a provider of a medical service for a person residing in a correctional or detention facility an amount no greater than the reimbursement rate applicable to that provider and that service as established by rule of the Department of Human Services for the MaineCare program under Title 22. This limitation applies to all medical care services, goods, prescription drugs and medications provided to a person outside the facility.   [PL 2003, c. 513, Pt. E, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 513, §E1 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3033. Work assignments

§3033. Work assignments
1.  Public works.
The commissioner may authorize the employment of able-bodied prisoners in the construction and improvement of highways or other public works within the State under such arrangements as may be made with the Department of Transportation or with another department or commission of the State, county or municipality in charge of these public works, and the commissioner may prescribe whatever rules and conditions the commissioner considers expedient to ensure the proper care and treatment of the prisoners while so employed and to ensure their safekeeping and return.
[PL 1989, c. 127, §7 (AMD).]
2.  Fire or disaster.
The commissioner may authorize the training and use of able-bodied prisoners by the Bureau of Forestry or the Maine Emergency Management Agency, to fight fires or provide assistance during or after a civil disaster.
[PL 1989, c. 127, §8 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
3.  Charitable property improvement.
The commissioner may authorize the use of able-bodied prisoners to provide assistance in the improvement of property owned by charitable, nonprofit organizations.
A. The commissioner shall promulgate such rules as he deems proper to ensure the care and treatment of the prisoners and the safe working conditions of prisoners and departmental employees.   [PL 1983, c. 581, §§ 18, 59 (NEW).]
B. The commissioner may request that charitable, nonprofit organizations pay for the transportation of the prisoners and pay the per diem compensation of guards, correctional officers or instructors who must accompany the prisoners or oversee the work to be performed.   [PL 1983, c. 581, §§ 18, 59 (NEW).]
[PL 1983, c. 581, §§ 18, 59 (RPR).]
4.  Prohibited act.
A person is guilty of escape under Title 17‑A, section 755, if that person is a prisoner and escapes from any assignments described in this section or from any other assignment beyond the walls or other security restraints surrounding a correctional facility or otherwise off the grounds of an assigned location.
[PL 1989, c. 127, §9 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§18, 59 (AMD). PL 1987, c. 370, §7 (AMD). PL 1989, c. 127, §§7-9 (AMD). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §23 (REV).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3034. Prisoner labor (REPEALED)

§3034. Prisoner labor
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§19,59 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3035-A. Solid waste recycling program (REPEALED)

§3035-A. Solid waste recycling program
(REPEALED)
SECTION HISTORY
PL 1989, c. 587, §1 (NEW). PL 1999, c. 583, §12 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3036. Halfway house program (REPEALED)

§3036. Halfway house program
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1991, c. 314, §41 (AMD). PL 1995, c. 502, §F21 (AMD). PL 1999, c. 583, §13 (AMD). PL 2003, c. 205, §12 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3036-B. Reentry houses

§3036-B. Reentry houses
1.  Reentry house defined; requirement.
For purposes of this section, "reentry house" means a correctional program provided by the department through a written contract with one or more private employers under which the employers provide and maintain housing for specified prisoners, employ those prisoners and provide to those prisoners all meals, laundry facilities and transportation to and from job sites. A reentry house is not a correctional facility. A reentry house must meet all state and local building and life safety codes for the type of building in which the reentry house is located.
[PL 2019, c. 396, §1 (NEW).]
2.  Contract.
The commissioner may enter into contracts for the establishment of reentry houses for the purpose of providing housing and other assistance to prisoners transferred to supervised community confinement under section 3036‑A.
[PL 2019, c. 396, §1 (NEW).]
3.  Other assistance.
The department shall employ, or contract for, program staff to provide other assistance to prisoners housed at a reentry house, including, but not limited to, assistance with reentry planning.
[PL 2019, c. 396, §1 (NEW).]
4.  Transfer.
A prisoner may be transferred to supervised community confinement to be housed in a reentry house only if the prisoner meets all of the eligibility requirements of section 3036‑A and the rules adopted by the commissioner pursuant to section 3036‑A, has successfully participated in a work release program at a department facility and has the skills necessary to perform a job available from a private employer with which the department has contracted.
[PL 2019, c. 396, §1 (NEW).]
5.  Supervision.
All of the provisions of section 3036‑A and the rules adopted by the commissioner pursuant to section 3036‑A apply to a prisoner housed at a reentry house, and supervision of the prisoner must be conducted by a probation officer in the same manner as for any other prisoner transferred to supervised community confinement.
[PL 2019, c. 396, §1 (NEW).]
6.  Escape.
A prisoner who is transferred to supervised community confinement who intentionally violates a requirement to reside at a reentry house or otherwise escapes is guilty of escape under Title 17‑A, section 755.
[PL 2019, c. 396, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 396, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3037. Physical and mental examination

§3037. Physical and mental examination
1.  Requirement.
The commissioner may require a physical and mental examination of any client.
[PL 1991, c. 314, §42 (AMD).]
2.  Examiners.
The commissioner shall designate competent examiners.
[PL 1983, c. 459, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1991, c. 314, §42 (AMD).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3038. Administration of medication (REPEALED)

§3038. Administration of medication
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1991, c. 314, §43 (AMD). PL 2005, c. 329, §10 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3038-A. Care of children of committed offenders

§3038-A. Care of children of committed offenders
1.  Commitment of child.
If a client, at the time of commitment to the custody of the Department of Corrections, is the parent of and is providing exclusive care for any child who might otherwise be left without proper care or guardianship, the judge committing that client shall cause the child to be committed to:
A. A children's home provided by law for the child's care or guardianship;   [PL 1983, c. 459, §6 (NEW).]
B. The care and custody of some relative or proper person willing to assume the care; or   [PL 1983, c. 459, §6 (NEW).]
C. The custody of the Department of Health and Human Services.   [PL 1983, c. 459, §6 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
[PL 1991, c. 314, §44 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
2.  Controlling statute.
Any commitment of a child under this section is subject to Title 22, sections 4006, 4037, 4038, 4061 and 4063.
[PL 1983, c. 459, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1989, c. 127, §10 (AMD). PL 1991, c. 314, §44 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3039-A. Family support

§3039-A. Family support
A prisoner may not participate in an industry program under section 1403, a work program under section 3035 or any other program administered by the department by which a prisoner is able to generate money unless the prisoner consents to pay at least 25% of that money for the support of any dependent child if the parent, legal guardian or legal custodian of the child requests that payment. Upon the written request of a parent, legal guardian or legal custodian, the chief administrative officer of the correctional facility where the prisoner is incarcerated shall collect and disburse to the parent, legal guardian or legal custodian that portion of the prisoner's money to be paid for the support of the dependent child. This section does not apply to any prisoner making payments for the support of a dependent child pursuant to a support order issued by a court or by the Department of Health and Human Services.   [PL 1997, c. 358, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1997, c. 358, §4 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3040. Clients' property presumed abandoned

§3040. Clients' property presumed abandoned
Any property abandoned or unclaimed by a client in a correctional or detention facility must be disposed of according to Title 33, chapter 45.   [PL 2019, c. 498, §23 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1991, c. 314, §46 (AMD). PL 2003, c. 20, §T32 (AMD). PL 2019, c. 498, §23 (AMD).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3040-A. Property of deceased clients

§3040-A. Property of deceased clients
Property remaining in a correctional or detention facility as a result of a client's death is governed as follows.   [PL 1991, c. 314, §47 (AMD).]
1.  Payment.
Except as provided in subsection 4, if any client in the custody of the department dies, and no personal representative of the client's estate is appointed, the chief administrative officer may pay the balance of the deposits in the client's general client account and telephone call account, up to a maximum of $1,000, to the surviving spouse or next of kin in accordance with Title 18‑C, sections 2‑101 to 2‑113, to the funeral director having any bill outstanding for the burial of the decedent or to any other preferred creditor or creditors who may appear to be entitled thereto, and shall deliver personal property in the chief administrative officer's custody to the surviving spouse or next of kin in accordance with Title 18‑C, sections 2‑101 to 2‑113.
[PL 2017, c. 402, Pt. C, §93 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Time of payment.
Payments or delivery pursuant to subsection 1 may not be made until 60 days have elapsed following the date of death of the client.
[PL 1991, c. 314, §47 (AMD).]
3.  Liability of payment.
For any payment or delivery made pursuant to subsections 1 and 2, the chief administrative officer or the chief administrative officer's designee acting under this section may not be held liable to the decedent's personal representative thereafter appointed, or to the decedent's heirs, successors or assigns.
[PL 1991, c. 314, §47 (AMD).]
4.  Alternative payment.
Notwithstanding subsection 1, upon presentation of an affidavit under Title 18‑C, section 3‑1201, the chief administrative officer shall pay the balance of any deposit left by a decedent in the department's general client account or telephone call account and deliver the decedent's personal property to the decedent's successor under Title 18‑C, sections 3‑1201 and 3‑1202. The payments under this subsection take precedence over payments under subsection 1 to the extent of the balance of the deposits in the accounts and the personal property remaining in the custody of the chief administrative officer at the time the affidavit is presented.
[PL 2017, c. 402, Pt. C, §94 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 1983, c. 581, §§22,59 (NEW). PL 1991, c. 314, §47 (AMD). PL 1991, c. 824, §A69 (AMD). PL 2005, c. 506, §§8,9 (AMD). PL 2013, c. 80, §8 (AMD). PL 2017, c. 402, Pt. C, §§93, 94 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3041. Reduction of sentence (REPEALED)

§3041. Reduction of sentence
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§23,59 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3043. Aliens

§3043. Aliens
1.  Notification of immigration officer.
When a person is admitted or committed to a correctional facility, a county jail or any other state, county, city or private institution which is supported wholly or in part by public funds, the chief administrative officer of the facility, jail or institution shall inquire at once into the nationality of the person and, if it appears that the person is an alien, the chief administrative officer shall notify immediately the United States immigration officer in charge of the district in which the facility, jail or institution is located, of:
A. The date of and the reason for the alien's admission or commitment;   [PL 1983, c. 459, §6 (NEW).]
B. The length of time for which the alien is admitted or committed;   [PL 1983, c. 459, §6 (NEW).]
C. The country of which the alien is a citizen; and   [PL 1983, c. 459, §6 (NEW).]
D. The date on which and the port at which the alien last entered the United States.   [PL 1983, c. 459, §6 (NEW).]
[PL 1983, c. 459, §6 (NEW).]
2.  Copy of record to immigration officer.
Upon the official request of the United States immigration officer in charge of the territory or district in which is located any court committing an alien to a correctional facility, a county jail or any other state, county, city or private institution which is supported wholly or in part by public funds, the clerk of the court shall furnish without charge a certified copy of:
A. The complaint, information or indictment;   [PL 1983, c. 459, §6 (NEW).]
B. The judgment and sentence; and   [PL 1983, c. 459, §6 (NEW).]
C. Any other record pertaining to the alien's case.   [PL 1983, c. 459, §6 (NEW).]
[PL 1983, c. 459, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3044. Escapees; fugitives; apprehension

§3044. Escapees; fugitives; apprehension
1.  Escapees.
The commissioner shall take all proper measures for, and may, with the approval of the Governor, offer a reward for the apprehension and return of any client in any correctional or detention facility who has escaped from the control of the department.
A. The reward may not exceed $1,000.   [PL 1983, c. 581, §§24, 59 (RPR).]
B. Upon satisfactory proof that the terms of the reward offer have been complied with, the Governor may draw a warrant upon the Treasurer of State for the payment of the reward.   [PL 1991, c. 314, §48 (AMD).]
[PL 1991, c. 314, §48 (AMD).]
2.  Fugitives.
When there is reasonable cause to believe that a person charged with a crime and unapprehended for it cannot be arrested and secured in the ordinary course of proceedings, the Governor may, upon application in writing of the Attorney General or district attorney for the county in which the crime was committed, and upon terms which he deems expedient and proper, offer a suitable reward for the arrest, return and delivery into custody of the fugitive from justice.
A. The reward may not exceed $1,000.   [PL 1983, c. 581, §§24, 59 (RPR).]
B. Upon satisfactory proof that the terms of the reward offer have been complied with, the Governor may draw his warrant upon the Treasurer of State for the payment of the reward.   [PL 1983, c. 581, §§24, 59 (RPR).]
[PL 1983, c. 581, §§24, 59 (RPR).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§24,59 (RPR). PL 1991, c. 314, §48 (AMD).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3045. Death of client

§3045. Death of client
When any client in custody dies, an examination and inquest must be held, and the commissioner or the chief administrative officer of the facility shall cause a medical examiner to be immediately notified for that purpose pursuant to Title 22, section 3025. For purposes of this section, "custody" means confinement in a state correctional or detention facility or when the client is on the way to or from a state correctional or detention facility while in the custody of a state corrections official. The medical examiner shall also review the case file and relevant medical records and determine whether an autopsy is needed. If the medical examiner determines that an autopsy is needed, an autopsy must be performed.   [PL 2011, c. 420, Pt. D, §5 (AMD); PL 2011, c. 420, Pt. D, §6 (AFF).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1991, c. 314, §49 (AMD). PL 2011, c. 60, §4 (AMD). PL 2011, c. 420, Pt. D, §5 (AMD). PL 2011, c. 420, Pt. D, §6 (AFF).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3046. Funeral and deathbed visits (REPEALED)

§3046. Funeral and deathbed visits
(REPEALED)
SECTION HISTORY
PL 1983, c. 581, §§25,59 (NEW). PL 1991, c. 314, §§50,51 (AMD). PL 2001, c. 386, §14 (AMD). PL 2007, c. 536, §5 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3046-A. Funeral and deathbed visits

§3046-A. Funeral and deathbed visits
1.  Family member.
At the discretion of and under conditions prescribed by the commissioner, a client confined in a correctional or detention facility may attend the funeral of the client's spouse or domestic partner or the client's parent, child, sibling, grandparent or grandchild, whether the relationship is natural, adoptive, foster or through marriage, and may be permitted deathbed visits to any of those persons if the funeral or visit is held within the State.
[PL 2007, c. 536, §6 (NEW).]
2.  Another person.
At the discretion of and under conditions prescribed by the commissioner, a client confined in a correctional or detention facility may attend the funeral of or be permitted a deathbed visit to another person if the funeral or visit is held within the State. The commissioner may not delegate this authority.
[PL 2007, c. 536, §6 (NEW).]
3.  Certification of terminal illness.
Before a deathbed visit is permitted under this section, terminal illness must be certified to the commissioner by the attending physician.
[PL 2007, c. 536, §6 (NEW).]
4.  Costs.
The client, if able, shall pay the cost of transportation under this section and the per diem compensation of the accompanying officers if the officers are required by the commissioner.
[PL 2007, c. 536, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 536, §6 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3047. Discharge or parole

§3047. Discharge or parole
When any prisoner sentenced to the department is paroled or discharged, the commissioner:   [PL 1991, c. 314, §52 (AMD).]
1.  Clothing.
Shall ensure that the prisoner is provided with decent clothing;
[PL 1991, c. 314, §52 (AMD).]
2.  Money.
May give the prisoner an amount equal to the net salary of a single wage earner with no dependents for 40 hours of work at the state minimum wage less all applicable state and federal deductions except that any amount in excess of $50 may not be provided by the General Fund, except that the commissioner may not give money to a prisoner who:
A. Has, within the 6 months prior to the date of parole or discharge, transferred from the department's general client account to any person more than $500, excluding any money transferred for the support of dependents; or   [PL 2005, c. 506, §10 (AMD).]
B. Has, on the date of parole or discharge, more than $500 in personal assets.   [PL 2007, c. 102, §9 (AMD).]
Money received by the prisoner under this subsection is not subject to section 3032, subsection 5‑A or 5‑B or Title 17‑A, section 2016, subsection 2;
[PL 2019, c. 113, Pt. C, §97 (AMD).]
3.  Transportation.
Shall furnish transportation to the place where the prisoner was convicted, except that:
A. If the prisoner's home is within the State, transportation must be furnished to the prisoner's home;   [PL 1991, c. 314, §52 (AMD).]
B. If the prisoner has secured employment within the State, transportation must be furnished to the place of employment;   [PL 1991, c. 314, §52 (AMD).]
C. If the prisoner's home is outside the State, or if the prisoner has secured employment outside the State, transportation must be furnished to the place on the Maine border nearest the place of employment; or   [PL 1991, c. 314, §52 (AMD).]
D. If the prisoner requests a reasonable place nearer the place of incarceration than any of the foregoing, transportation must be furnished to that place; or   [PL 1991, c. 314, §52 (AMD).]
[PL 1991, c. 314, §52 (AMD).]
4.  Extreme circumstances.
May, in extreme circumstances, if the prisoner's home is outside the State, or if the prisoner has secured employment outside the State, furnish transportation to the prisoner's home or place of employment.
[PL 1991, c. 314, §52 (AMD).]
SECTION HISTORY
PL 1983, c. 581, §§25,59 (NEW). RR 1991, c. 1, §48 (COR). PL 1991, c. 314, §52 (AMD). PL 1993, c. 682, §2 (AMD). PL 2005, c. 506, §10 (AMD). PL 2007, c. 102, §9 (AMD). PL 2019, c. 113, Pt. C, §97 (AMD).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3048. Religious services

§3048. Religious services
The commissioner shall adopt rules that provide for the accommodation of any prisoner who expresses a desire to practice a religion of the prisoner's choice as long as the practice does not present a threat to the safety, security or orderly management of the facility in which the prisoner is housed. The rules must be consistent with all federal requirements. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2007, c. 546, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 546, §1 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3050. Report regarding juveniles in custody

§3050. Report regarding juveniles in custody
By February 1, 2023 and annually thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters on the number of juveniles in the custody of the department as juvenile detainees or juvenile clients or under department supervision on probation whose parents or primary caregivers are known to the department to be in the custody of the department or under the supervision of the department.   [PL 2021, c. 620, §8 (NEW).]
Revisor's Note: §3050. Comprehensive substance use disorder treatment program (As enacted by PL 2021, c. 706, §1 is REALLOCATED TO TITLE 34-A, SECTION 3052)
SECTION HISTORY
PL 2021, c. 620, §8 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3051. Transportation of female clients to and from medical appointments

§3051. Transportation of female clients to and from medical appointments
A correctional facility or detention facility housing female clients shall ensure to the greatest extent practicable the presence of a female corrections officer during the transportation of a female client to and from a medical appointment and shall ensure that the client is afforded the greatest amount of privacy practicable during the appointment consistent with safety and security considerations.   [PL 2021, c. 620, §9 (NEW).]
SECTION HISTORY
PL 2021, c. 620, §9 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 2: COMMITTED OFFENDERS GENERALLY › 34-A §3052. Comprehensive substance use disorder treatment program (REALLOCATED FROM TITLE 34-A, SECTION 3050)

§3052. Comprehensive substance use disorder treatment program
(REALLOCATED FROM TITLE 34-A, SECTION 3050)
The commissioner shall maintain a comprehensive substance use disorder treatment program, referred to in this section as "the program," in all correctional facilities. The program must include, but is not limited to, screening, assessment and treatment of persons residing in correctional facilities for substance use disorder, including alcohol use disorder.   [PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]
1.  Screening, assessment and treatment.
The program must include screening, assessment and treatment, including, but not limited to, screening during the intake process, medically managed withdrawal, medication-assisted treatment, individual and group counseling and other behavioral treatment options. Medication-assisted treatment must use medications approved or authorized by the United States Food and Drug Administration for the treatment of substance use disorder, including alcohol use disorder, including at least one of each formulation of all United States Food and Drug Administration-approved medication-assisted treatments for those disorders.
[PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]
2.  Training and technical assistance.
The program must provide initial and ongoing training and technical assistance for correctional facility staff and health care practitioners in each correctional facility.
[PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]
3.  Program coordination.
The program must include coordination with community-based treatment and recovery organizations to facilitate supportive reentry and continuity of care after release.
[PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]
4.  Report.
The department shall provide an annual report regarding the program to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters by January 15th.
[PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]
SECTION HISTORY
PL 2021, c. 706, §1 (NEW). RR 2021, c. 2, Pt. A, §120 (RAL).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3061. Transfer to correctional facilities

§3061. Transfer to correctional facilities
1.  Transfer.
The commissioner may transfer any client from one correctional or detention facility or program, including prerelease centers, work release centers, halfway houses, supervised community confinement or specialized treatment facilities, to another. A juvenile may not be transferred to another facility or program for adult offenders and an adult offender may not be transferred to another facility or program for juveniles, except that an adult offender may be housed in the Long Creek Youth Development Center pursuant to Title 17‑A, section 1611.
[PL 2023, c. 135, §9 (AMD).]
2.  Applicable rules.
Any person transferred under this section shall be subject to the general rules of the facility or program to which he is transferred, except that:
A. The term of his original sentence or commitment remains the same unless altered by the court; and   [PL 1983, c. 581, §§26, 59 (RPR).]
B. The person becomes eligible for release and discharge as provided in Title 17‑A, section 2314.   [PL 2019, c. 113, Pt. C, §99 (AMD).]
[PL 2019, c. 113, Pt. C, §99 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§26,59 (RPR). PL 1991, c. 314, §53 (AMD). PL 1991, c. 845, §5 (AMD). PL 2013, c. 28, §10 (AMD). PL 2017, c. 148, §7 (AMD). PL 2019, c. 113, Pt. C, §§98, 99 (AMD). PL 2023, c. 135, §9 (AMD).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3062. Transfer from the prison to a federal correctional institution

§3062. Transfer from the prison to a federal correctional institution
1.  Requirements.
The commissioner may transfer any prisoner sentenced to the department to a federal penal or correctional institution if the United States Bureau of Prisons accepts the commissioner's application for transfer of the prisoner.
[PL 1991, c. 314, §54 (AMD).]
2.  Contract.
The commissioner may contract with the Attorney General of the United States, or such officer as the Congress may designate under the United States Code, Title 18, Section 5003 and acts supplementing and amending it, in each individual case for the care, custody, subsistence, education, treatment and training of any person transferred under this section.
A. The contract must provide for the reimbursement of the United States in full for all costs or other expenses involved, the costs and expenses to be paid from the appropriation for the operation of the correctional facility.   [PL 1991, c. 314, §55 (AMD).]
B. The chief administrative officer shall affix to the contract a copy of the mittimus or mittimuses under which the prisoner is held.   [PL 1991, c. 314, §55 (AMD).]
C. The contract and mittimus or mittimuses are sufficient authority for the United States to hold the prisoner on behalf of the State.   [PL 1983, c. 459, §6 (NEW).]
[PL 1991, c. 314, §55 (AMD).]
3.  Effect on prisoner.
The rights of transferred prisoners are governed as follows.
A. A prisoner transferred under this section is subject to the terms of his original sentence or sentences as if he were serving the sentence or sentences within the confines of the prison.   [PL 1983, c. 459, §6 (NEW).]
B. Nothing in this section deprives a prisoner transferred under this section of his rights to parole or his rights to legal process in the courts of this State.   [PL 1983, c. 459, §6 (NEW).]
[PL 1983, c. 459, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§27,59 (AMD). PL 1991, c. 314, §§54,55 (AMD).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3063. Transfer to jails (REPEALED)

§3063. Transfer to jails
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§28,59 (RPR). PL 1991, c. 314, §56 (AMD). PL 1995, c. 368, §R11 (RPR). PL 1999, c. 583, §14 (AMD). PL 2007, c. 653, Pt. A, §31 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3063-A. Transfer from jails (REPEALED)

§3063-A. Transfer from jails
(REPEALED)
SECTION HISTORY
PL 1995, c. 368, §R12 (NEW). PL 1995, c. 647, §6 (AMD). PL 1997, c. 464, §13 (AMD). PL 2007, c. 653, Pt. A, §32 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3063-B. Transfer from jails

§3063-B. Transfer from jails
The commissioner may accept custody of prisoners transferred to the department from county jails under Title 30‑A, section 1557‑B.   [PL 2015, c. 335, §28 (NEW).]
SECTION HISTORY
PL 2015, c. 335, §28 (NEW).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3064. Transfer from the prison to the minimum security unit (REPEALED)

§3064. Transfer from the prison to the minimum security unit
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§29,59 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3065. Transfer from the prison to jails (REPEALED)

§3065. Transfer from the prison to jails
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§29,59 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3066. Transfer from the Maine Correctional Center (REPEALED)

§3066. Transfer from the Maine Correctional Center
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§29,59 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3067. Transfer from the Charleston Correctional Facility (REPEALED)

§3067. Transfer from the Charleston Correctional Facility
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§29,59 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3068. Transfer from jails (REPEALED)

§3068. Transfer from jails
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§29,59 (RP).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3069-A. Transfer of jail inmates for mental health services

§3069-A. Transfer of jail inmates for mental health services
1.  Eligible inmates.
The commissioner may transfer from a jail to a correctional facility an adult inmate who the chief administrative officer of the Riverview Psychiatric Center confirms is eligible for admission to a state mental health institute under Title 34‑B, section 3863, but for whom no suitable bed is available, for the purpose of providing to the inmate mental health services in a mental health unit of a correctional facility that provides intensive mental health care and treatment. The commissioner may not transfer pursuant to this section a person who has been found not criminally responsible by reason of insanity. The commissioner may return an inmate transferred pursuant to this subsection back to the sending facility.
For purposes of this subsection, "intensive mental health care and treatment" has the same meaning as in section 3049, subsection 1.
[PL 2013, c. 434, §5 (NEW).]
2.  Evaluation.
The commissioner may transfer from a jail to a correctional facility an adult inmate whom the court orders to be examined or further evaluated by the State Forensic Service under Title 15, section 101‑D, subsection 1, 2, 3 or 9 if the State Forensic Service determines that the jail where the inmate is incarcerated cannot provide an appropriate setting for the examination but that a mental health unit in a correctional facility can provide an appropriate setting for the examination. The commissioner shall return an inmate transferred pursuant to this subsection back to the sending facility upon the completion of the examination ordered, including any further evaluation ordered, unless the commissioner transferred the inmate for another reason in addition to the examination.
[PL 2013, c. 434, §5 (NEW).]
3.  Disclosure of information.
With respect to an adult inmate who has previously been hospitalized under Title 34‑B, chapter 3, subchapter 4, the commissioner may make it a prerequisite to a transfer of the inmate under this section that necessary information be disclosed to the department pursuant to Title 34‑B, section 1207, subsection 1, paragraph B.
[PL 2013, c. 434, §5 (NEW).]
4.  Application of other laws.
All other applicable provisions of law governing inmates, whether detained pending a trial or other court proceeding or sentenced, apply to inmates transferred under this section.
[PL 2013, c. 434, §5 (NEW).]
5.  Discretion.
Nothing in this section or in any other provision of law requires the commissioner to transfer an adult inmate from a jail to a correctional facility or precludes the commissioner from transferring an adult inmate from a jail to a correctional facility at any time for any other reason at the commissioner's discretion.
[PL 2013, c. 434, §5 (NEW).]
6.  Repeal.
[PL 2017, c. 147, §4 (RP).]
SECTION HISTORY
PL 2013, c. 434, §5 (NEW). PL 2017, c. 147, §4 (AMD).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3069-B. Placement of defendants for observation

§3069-B. Placement of defendants for observation
1.  Acceptance of placement.
The commissioner may accept the placement of an adult defendant in a mental health unit of a correctional facility that provides intensive mental health care and treatment for observation whom a court commits to the custody of the Commissioner of Health and Human Services under Title 15, section 101‑D, subsection 4 if, in addition to the findings required under Title 15, section 101‑D, subsection 4, the court, after hearing, finds by clear and convincing evidence that:
A. The defendant is a person with mental illness and, as a result of the defendant's mental illness, the defendant poses a likelihood of serious harm to others;   [PL 2013, c. 434, §6 (NEW).]
B. There is not sufficient security at a state mental health institute to address the likelihood of serious harm; and   [PL 2013, c. 434, §6 (NEW).]
C. There is no other less restrictive alternative to placement in a mental health unit of a correctional facility.   [PL 2013, c. 434, §6 (NEW).]
The commissioner may not accept the placement of a person who has been found not criminally responsible by reason of insanity.
For purposes of this subsection, "intensive mental health care and treatment" has the same meaning as in section 3049, subsection 1.
[PL 2013, c. 434, §6 (NEW).]
2.  Termination of placement.
The commissioner may terminate the placement of a defendant accepted pursuant to this section if the commissioner determines that the likelihood of serious harm posed by the defendant has decreased or the security at a state mental health institute has increased or for any other reason.
[PL 2013, c. 434, §6 (NEW).]
3.  Disclosure of information.
With respect to an adult defendant who has previously been hospitalized under Title 34‑B, chapter 3, subchapter 4, the commissioner may make it a prerequisite to accepting placement of the defendant under this section that necessary information be disclosed to the department pursuant to Title 34‑B, section 1207, subsection 1, paragraph B.
[PL 2013, c. 434, §6 (NEW).]
4.  Application of other laws.
All other applicable provisions of law governing defendants committed for observation apply to defendants accepted for placement under this section.
[PL 2013, c. 434, §6 (NEW).]
5.  Discretion.
Nothing in this section or in any other provision of law requires the commissioner to accept the placement of a defendant who is committed for observation.
[PL 2013, c. 434, §6 (NEW).]
6.  Repeal.
[PL 2017, c. 147, §5 (RP).]
SECTION HISTORY
PL 2013, c. 434, §6 (NEW). PL 2017, c. 147, §5 (AMD).
2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS › 34-A §3070. Hospitalization for mental retardation (REPEALED)

§3070. Hospitalization for mental retardation
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1991, c. 314, §58 (AMD). PL 1995, c. 395, §G9 (RP). PL 1995, c. 395, §G20 (AFF).