Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT › Subsection 201-10-20.1 - Prisoner Discipline

Current through 2024-29, July 17, 2024
I.
AUTHORITY
The Commissioner of Corrections adopts this policy pursuant
				  to the authority contained in
				  34-A M.R.S.A.
				  Sections1402,
				  1403, and
				  3032.
II.
APPLICABILITY
All Departmental Adult Facilities
III.
POLICY
It is the policy of the Department of Corrections to
				  designate prisoner disciplinary violations and dispositions for the purpose of
				  maintaining safety, security and the orderly management of correctional
				  facilities. This policy also applies to prisoners of the Department who are
				  outside a Departmental facility at the time of the violation. It is also the
				  policy of the Department of Corrections to assure that, in all matters of
				  prisoner discipline, procedures that are consistent with the constitutional and
				  statutory rights of the individual prisoner shall be followed. Disciplinary
				  action is not to be capricious or retaliatory in nature, and a fair and
				  impartial disposition shall be made in each case. The Chief Administrative
				  Officer of each facility shall ensure that all prisoners are provided with a
				  copy of this policy as part of the prisoner handbook. The Chief Administrative
				  Officer of each facility shall also ensure that all staff who work with
				  prisoners receive sufficient training so that staff are thoroughly familiar
				  with prisoner disciplinary violations, the rationale for the violations, and
				  the dispositions available. This policy shall be reviewed annually and revised
				  as necessary.
IV.
DEFINITIONS
1. Accessory - A
				prisoner is an accessory if he or she knowingly provides assistance to another
				prisoner committing or attempting to commit a violation.
2. Attempt - An attempt is an act which
				constitutes a substantial step in a course of conduct that would have ended in
				the commission of a violation if the attempt had been successful.
3. Conspiracy - A conspiracy is an agreement
				with another prisoner or any other person to engage in or cause a
				violation.
4. Disciplinary
				restriction - Disciplinary restriction is confinement in the prisoner's own
				cell or room or in a cell or room in special management housing.
5. Disciplinary segregation Disciplinary
				segregation is confinement in a cell in restrictive housing.
6. Major rule violation - Any Class A or
				Class B disciplinary violation listed in this policy.
7. Minor rule violation - Any Class C
				disciplinary violation listed in this policy.
8. Planning - Making a plan as evidenced in a
				writing or a verbal statement of intent which includes, but is not limited to,
				the following: a diagram, map, list of steps, etc.
9. Possession -Possession means to have
				physical possession of or otherwise exercise control over an item on the
				prisoner's person, in his or her assigned area, e.g., room, cell, work area, or
				locker, etc., or in a common area. A prisoner is deemed to exercise control
				over an item if he or she exercises control over the area in which it is
				found.
10. Privilege - A benefit to
				which a prisoner has no legal right.
11. Solicitation - Solicitation includes
				commanding or otherwise attempting to induce another prisoner to commit a
				violation.
12. Trafficking -
				Selling, bartering, trading, exchanging, furnishing, giving, administering,
				delivering, conveying or otherwise transferring an item to another person or
				obtaining an item for the purpose of selling, bartering, trading, exchanging,
				furnishing, giving, administering, delivering, conveying or otherwise
				transferring an item to another person.