Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-5 - Administrative Standards

Current through 2024-29, July 17, 2024
5.1
BIProgram
				Intake Process
A. The BIProgram shall
				schedule an intake into the BIProgram within two weeks, absent good cause, from
				the time the domestic abuse offender contacts the BIProgram.
B. At the intake, the domestic abuse offender
				must enter into a written agreement with the BIProgram, which must include the
				following:
1. the responsibilities of the
				domestic abuse offender;
2. the
				responsibilities of the BIProgram;
3. an agreement to stop all forms of
				violence;
4. the minimum length of
				the BIProgram;
5. signed waivers of
				confidentiality and/or appropriate releases;
6. the fee structure and the weekly fee due
				from the offender;
7. criteria for
				discharge;
8. a copy of the
				complaint procedure; and
9.
				readmission criteria.
C.
				During intake, the BIProgram must obtain the following information from the
				domestic abuse offender:
1. full legal name of
				domestic abuse offender;
2. current
				home address and mailing address (if they are different);
3. current home telephone number, cell phone
				number, or telephone number of contact if the domestic abuse offender does not
				have a telephone;
4. date of
				birth;
5. name of employer, and
				current work address and telephone number of employer;
6. partner and/or victim name (if they are
				different);
7. current driver's
				license number, or photo ID card;
8. make, model, year and license plate number
				of the vehicles used by the domestic abuse offender;
9. history of any substance abuse;
10. psychiatric history including homicidal
				and suicidal ideation;
11. history
				of any weapons possession and usage; and
12.
				 history of abusive behaviors.
D. Within six weeks after the domestic abuse
				offender begins the BIProgram, the domestic abuse offender must provide the
				BIProgram with the following independent descriptions of the domestic abuse
				offender's abusive behavior, including, but not limited to:
1. police reports (if applicable);
2. administrative release, probation, parole,
				supervised release for sex offenders, or other post-conviction supervision or
				deferred disposition conditions (if applicable);
3. legal pleadings, including, but not
				limited to, civil petitions and civil and criminal complaints (if
				applicable);
4. court orders,
				including, but not limited to, protective orders, and court-approved consent
				agreements (if applicable); and
5.
				previous child protective service reports (if applicable and
				available).
E. The
				following must be notified in writing of the domestic abuse offender's
				acceptance into the BIProgram within 7 days, unless the time frame is modified
				by the DVC working agreement:
1. the domestic
				abuse offender;
2. the victim
				and/or current partner, unless notification of the victim would jeopardize the
				safety of the domestic abuse offender or violate federal or state
				confidentiality laws;
3. the
				domestic abuse offender's Probation Officer (if applicable);
4. the local DVC; and
5. the referral source, including, but not
				limited to, the prosecuting attorney's office, pre-trial agency, or Department
				of Health and Human Services (DHHS).
F. At minimum, the information to be
				contained in the communication referred to in section 5.1 E must include:
1. the date the domestic abuse offender
				begins the BIProgram;
2.
				limitations of the BIProgram; and
3. that victims are not required to have any
				contact with the DVC and/or BIProgram.
G. A copy of the participant agreement must
				be provided to the referral source and pre-trial agency (if applicable). A copy
				of the agreement must be made available upon request from the victim or
				DVC.
H. A BIProgram may only accept
				referrals of persons residing in a county in which the BIProgram has a working
				agreement with the local DVC, unless the program is granted a waiver by
				DOC.