Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 1 - DETENTION AND CORRECTIONAL STANDARDS FOR COUNTIES AND MUNICIPALITIES › Section 201-1-V - APPENDICES

Current through 2024-29, July 17, 2024
Appendix A - Title 34-A Section
				  1208
Maine Revised Statutes
Title 34-A: CORRECTIONS
§ 1208.
STANDARDS FOR COUNTY AND
				MUNICIPAL DETENTION FACILITIES
The commissioner shall establish standards, pursuant to the
				  Maine Administrative Procedure Act, Title 5, chapter 375, for county and
				  municipal jails, holding facilities and short-term detention areas, referred to
				  in this section as county and municipal detention facilities, as follows and
				  shall enforce them. [PL
				  1983, c. 581, §§
										10,
				  59 (NEW).]
1.
Establishment.
The
				commissioner shall establish both mandatory and desirable standards for all
				county and municipal detention facilities, setting forth requirements for
				maintaining safe, healthful and secure facilities. Standards adopted pursuant
				to this subsection must be evidence-based, must take into consideration cost
				impact and must reflect best practices for the operation and administration of
				jails.
[PL
				  2021, c. 171, §
											1 (AMD).]
2.
Inspections.
Inspections of
				county and municipal detention facilities are governed as follows.
A. The commissioner shall conduct a
				comprehensive inspection of each county and municipal detention facility every
				2 years, in order to provide the department with information, verified by
				on-site inspection, regarding compliance with all department standards. The
				commissioner may dispense with this inspection if, when it is due, the facility
				is accredited by a nationally recognized correctional accrediting body.
				[PL
				2013, c. 27, §
											1 (AMD).]
B. The commissioner shall conduct every 2
				years no fewer than 3 inspections of each county and municipal detention
				facility that are in addition to any comprehensive inspections conducted
				pursuant to paragraph A in order to determine continued compliance with
				standards. [PL
				2013, c. 27, §
											2 (AMD).]
C. The commissioner may inspect a county or
				municipal detention facility at any time, without prior notice, to determine
				compliance with standards. [PL 1983, c. 581, §§
											10,
				59 (NEW).]
C-1. As part of any inspection, the
				commissioner may access any records, including, but not limited to, the records
				of persons detained or committed in the facility, as considered necessary by
				the commissioner in order to determine compliance with standards. [PL 2007, c.
				102, §
											6 (NEW).]
D. The commissioner shall prepare a written
				report of each inspection and shall send a copy of the report to appropriate
				county or municipal officials within 15 days after the inspection.
(1) The report shall summarize inspection
				findings.
(2) The report shall list
				the standards with which the facility does not comply and set forth the reasons
				for noncompliance. [PL
				1983, c. 581, §§
												10,
				59 (NEW).]
E. The commissioner shall order the
				noncomplying county or municipality to respond to this report in accordance
				with subsection
				3. [PL 1983, c. 581, §§
											10,
				59 (NEW).]
[PL
				  2013, c. 27, §§
												1,
				  2 (AMD).]
3.
Standards compliance.
Each
				county and municipal detention facility shall, unless granted a variance
				pursuant to subsection
				5, comply with the mandatory standards
				established by the commissioner.
A. Within 60
				days from the receipt of an inspection report for each mandatory standard
				listed in subsection
				2, paragraph D, subparagraph (2), the
				county or municipality shall either:
(1)
				Correct deficiencies listed in the report and submit to the department a
				written response listing the corrections made; or
(2) Offer a plan to correct those
				deficiencies for consideration by the department. [PL 1983, c.
				581, §§
												10,
				59 (NEW).]
B. If a county or municipality fails to
				correct deficiencies and offers no plan of correction, or if the plan of
				correction offered to the department is determined inadequate by the
				commissioner, the commissioner shall determine an appropriate action to
				restrict or modify the operations of the facility, consistent with the nature
				of the uncorrected deficiencies, which action may include ordering an entire
				facility closed until the deficiencies have been corrected.
(1) Before any such action is taken, the
				commissioner shall notify the county or municipality in writing of the planned
				action and shall offer the opportunity to meet and discuss the planned
				action.
(2) If a meeting is not
				requested by the county or municipality within 15 days after the county or
				municipality receives notice of the planned action, or if a meeting is held and
				fails to produce a plan of correction acceptable to the commissioner, the
				commissioner shall take the planned action. [PL 1983, c. 581, §§
												10,
				59 (NEW).]
[PL
				  1983, c. 581, §§
													10,
				  59 (NEW).]
4.
Emergency powers.
The commissioner may take immediate action in
				response to noncompliance with a mandatory standard, if the noncompliance is
				determined to endanger the safety of the staff, inmates or visitors of any
				county or municipal detention facility.
A. The
				commissioner's action under this subsection shall expire within 90 days or upon
				compliance with the mandatory standard. [PL 1983, c. 581, §§
											10,
				59 (NEW).]
B. After having taken action under this
				section, the commissioner shall send a written inspection report to the
				affected facility. [PL
				1983, c. 581, §§
											10,
				59 (NEW).]
C. The commissioner shall decide what
				long-term action to take with respect to the affected facility on the basis of
				county or municipality response to the inspection report and subsequent
				meetings. [PL
				1983, c. 581, §§
											10,
				59 (NEW).]
[PL
				  1983, c. 581, §§
												10,
				  59 (NEW).]
5.
Variances.
The commissioner
				shall establish written procedures to govern the submission and consideration
				of requests for variances from established departmental standards, including
				provisions for department consideration of appeals of decisions.
A. The commissioner may grant a variance only
				when he determines that the variance will not result in diminishing the safety,
				health or security of staff, inmates or visitors of a county or municipal
				detention facility. [PL
				1983, c. 581, §§
											10,
				59 (NEW).]
B. The commissioner may grant variances to
				counties and municipalities for periods of up to 2 years. [PL 1983, c. 581,
				§§
											10,
				59 (NEW).]
C. County and municipal officials may request
				variances from mandatory department standards if:
(1) Efforts are underway to achieve
				compliance and continued failure to comply is only temporary; or
(2) The intent and spirit of the standards
				may be attained through other means. [PL 1983, c. 581, §§
												10,
				59 (NEW).]
D. The officials applying for a variance have
				the burden of showing clear justification for the variance. [PL 1983, c.
				581, §§
											10,
				59 (NEW).]
[PL
				  1983, c. 581, §§
												10,
				  59 (NEW).]
6.
Advisory review.
[PL
				  2023, c. 135, §
											2 (RP).]
7.
Technical assistance.
The
				commissioner may provide technical assistance to county and municipal detention
				facilities to facilitate compliance with standards.
[PL
				  1983, c. 581, §§
											10,
				  59 (NEW).]
8.
Standards regarding attorney-client
				communications.
The commissioner shall establish mandatory standards:
A. By January 1, 2024, for the protection of
				confidential attorney-client communications by each county and municipal
				detention facility. The standards must include, at a minimum:
(1) Processes to protect and ensure
				confidentiality of attorney-client communications, including but not limited to
				requirements that each facility develop and maintain a registry of the names,
				telephone numbers and other contact information for attorneys who provide legal
				services to residents of the facility and that the attorneys' names, telephone
				numbers and other contact information on the registry are confidential, except
				that each facility must proactively and by request of the attorney or the
				attorney's client who is a resident of the facility confirm the registration of
				an attorney's name, telephone number and other contact information;
				and
(2) Processes to be followed in
				the event that there is a breach of attorney-client confidentiality; and
				[PL
				2023, c. 394, Pt. A, §
												13 (NEW).]
B. By January 1, 2024, requiring each county
				and municipal detention facility to designate space within the facility for
				attorney-client meetings and the exchange of case materials and to make that
				space available to residents of the facility and their attorneys on a timely
				basis. [PL
				2023, c. 394, Pt. A, §
											13 (NEW).]
[PL
				  2023, c. 394, Pt. A, §
												13 (NEW).]
SECTION HISTORY
PL
				  1983, c. 581, §§
												10,
				  59 (NEW).
				  PL
				  2007, c. 102, §
												6 (AMD).
				  PL
				  2013, c. 27, §§
												1,
				  2 (AMD).
				  PL
				  2021, c. 171, §
												1 (AMD).
				  PL
				  2023, c. 135, §
												2 (AMD).
				  PL
				  2023, c. 394, Pt. A, §
												13 (AMD).
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