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-I - GLOSSARY OF TERMS

Current through 2024-29, July 17, 2024
ADMINISTRATION (of medication)
-
				  The act of giving a single dose of an identified drug to a patient that has
				  been ordered/approved by the healthcare provider, i.e. Medical Doctor,
				  Physician Assistant, Nurse Practitioner.
ADMINISTRATIVE SEGREGATION
- A form
				  of separation from the general population when the continued presence of the
				  inmate in the general population would pose a serious threat to the safety of
				  self, staff, volunteers or other inmates; to the security or orderly running of
				  the institution; or to property. Inmates pending investigation for trial on a
				  criminal act committed within the facility or pending transfer can also be
				  included. (See also Protective Custody).
ADMINISTRATOR
- Authorized person
				  who is responsible for the operation and management of a jail, holding
				  facility, minimum security residential facility, or short-term detention
				  area.
BOARDER
- For purposes of financial
				  data reporting, boarders will be determined using the following
				  definitions:
BOARD IN
: Inmate or detainee
					 initially confined in another facility who through mutual agreement by
					 Sheriff(s) or designee(s) is being housed at this facility. This individual
					 will be counted at the facility where they are physically located at
					 midnight.
BOARD OUT
: Inmate or detainee
					 initially confined to this facility who through mutual agreement by Sheriff(s)
					 or designee(s) is being housed at another facility. This individual will be
					 counted at the facility where they are physically located at
					 midnight.
HUB
: Inmate or detainee who is
					 being transported from one facility to another facility through the
					 transportation hub system. This individual will be counted at the facility
					 where they are physically located at midnight.
PROBATION HOLD
: Detainee who
					 remains on the facility's headcount until, if applicable, the originating
					 county takes custody.
SWAP
: Inmates and/or detainees
					 who through mutual agreement by Sheriff(s) or designee(s) will each be
					 considered a boarder.
WARRANT
: Detainee who remains
					 on the facility's headcount until, if applicable, the originating county takes
					 custody or through mutual agreement by Sheriff(s) or designee(s) then becomes a
					 boarder.
WRIT
: Inmate or detainee
					 confined in a facility on a writ is not considered a boarder.
BOOKING
- Booking is both a law
				  enforcement process and a detention facility procedure. As a law enforcement
				  administrative action, it is an official recording of an arrest and the
				  identification of the person, place, time, arresting authority, and reason for
				  the arrest. In the detention facility, it is a procedure for the admission of a
				  person charged with or convicted of an offense, which includes searching,
				  fingerprinting, photographing, healthcare screening, and collecting personal
				  history data. Booking also includes the inventory and storage of the
				  individual's personal property.
CHEMICAL AGENT
- An active chemical
				  substance used as a form of non-deadly force to prevent injury or property
				  damage.
CLASSIFICATION
- A process for
				  determining the risk levels and needs of inmates for the purpose of assigning
				  them to housing units and programs according to their risks and needs.
CONTRABAND
- A dangerous weapon,
				  any tool or other item that may be used to facilitate an escape, anything that
				  a person confined in official custody is prohibited by statute from making,
				  possessing or trafficking in or a scheduled drug, unless the drug was validly
				  prescribed to the person in official custody and was approved for use by the
				  person pursuant to the procedures of the facility, an alcoholic beverage, or
				  tobacco or tobacco products if the facility has banned the use of tobacco or
				  tobacco products by inmates.
CONTROL CENTER
- A secure area
				  within a facility that is equipped with the following systems in order to
				  maintain security and control of the facility at all times:
Locking systems (both manual and electronic) that
					 control access to, egress from, as well as movement within the facility
					 security perimeter;
									Facility communication systems;
									Alarm systems; and
									Video/audio monitoring systems.
The facility dictates whether the control center is
				  established for corrections functions only or is combined with other functions
				  (such as law enforcement).
DAYSPACE
- A secure area directly
				  adjacent to an inmate cell/room area to which inmates may be admitted for
				  activities such as bathing, exercise, recreation, and dining. Spaces originally
				  designed for circulation, such as corridors, are not day spaces.
DEPARTMENT
- The Maine Department
				  of Corrections
DETAINEE
- Any person confined in a
				  jail, holding facility, or short-term detention area who is not serving a
				  sentence for a criminal offense.
DETENTION
- The holding of a person
				  in a facility characterized by either physically restrictive construction or
				  intensive staff supervision that is intended to prevent a person who is placed
				  in or admitted to the facility from departing at will.
DETENTION AREA
- The spaces in a
				  facility routinely used for detention functions, including cells, corridors,
				  processing areas, and other spaces where detainees may be present.
DIRECT SUPERVISION
- A style of
				  construction designed to facilitate direct contact and enable supervision of
				  inmate(s) or detainee(s) by an officer assigned to a specific unit and present
				  on a continuous basis during waking hours.
DISCIPLINARY SEGREGATION
- A form
				  of separation from the general population in which inmates committing
				  violations of facility rules are confined by the disciplinary committee or
				  other authorized group for short periods of time to individual cells separated
				  from the general population. Placement in disciplinary segregation may only
				  occur after a finding of a violation at an impartial hearing.
ESSENTIAL STANDARD
- A standard
				  based on established professional correctional practices that have been found
				  necessary to protect the health and safety of inmates and staff as well as the
				  security of the jail. 90% compliance with essential standards is required for a
				  jail to be licensed by the Maine Department of Corrections.
EVIDENCE-BASED PRACTICE
- A
				  strategic and deliberate method of applying empirical knowledge and
				  research-supported principles to correctional system decisions made at the
				  case, agency and system level.
EXIGENT CIRCUMSTANCES
- An
				  emergency situation requiring swift action to prevent imminent danger to life,
				  serious bodily injury or serious damage to property, or to forestall imminent
				  escape or destruction of evidence.
FACILITY
- A jail, holding
				  facility, short-term detention area, minimum security residential facility or
				  temporary holding resource including the buildings and site.
FOOTCANDLE
- A unit of illuminance
				  or illumination, equivalent to the illumination produced by a source of one
				  candle at a distance of one foot and equal to one lumen incident per square
				  foot.
FURLOUGH
- A form of temporary
				  release under which an inmate leaves a facility to go into the community,
				  supervised or unsupervised, for purposes consistent with the inmate's
				  educational, rehabilitative or personal needs.
GENERAL POPULATION
- Inmates not
				  relegated to segregation, observation, or temporary holding status.
GOOD TIME OR DEDUCTIONS
- A system
				  established by law whereby a convicted offender is credited a set amount of
				  time, which is to be subtracted from his/her sentence, for specified periods of
				  the sentence served for good behavior, work or program participation.
GRIEVANCE
- A written complaint
				  filed by an inmate with designated facility personnel concerning personal
				  health and welfare or the operations and services of the facility.
HEALTH CARE
- The sum of all action
				  taken, preventive and therapeutic, taken by licensed professionals to provide
				  for the physical and mental well-being of the facility population. Health care
				  includes medical and dental services, mental health services, nursing, and
				  dietary services.
HEALTH CARE PROVIDER
- An
				  individual or agency responsible for the provision of health care services to
				  inmates in accordance with a written agreement with the facility
				  administration.
HEALTH CARE RECORDS
- Records
				  pertaining to the health care provided to inmates and maintained by the
				  responsible health care provider.
HEALTH SCREENING
- A system of
				  structured observation and initial health assessment to identify whether or not
				  newly arrived inmates have a medical or mental health condition that may pose a
				  threat to themselves or others.
HOLDING CELL
- A cell within a
				  facility that is used to hold one person temporarily while he/she awaits
				  booking, court appearance, or discharge.
HOLDING FACILITY
- A facility or
				  part of a building used for the detention of adult pretrial detainees prior to
				  arraignment, release or transfer to another facility or authority for periods
				  of up to 48 hours. "Holding facility" also means a county jail or part of a
				  jail used for the detention of adult inmates, whether detained pending a trial
				  or other court proceeding or sentenced for periods of up to 72 hours excluding
				  Saturday, Sunday and legal holidays and excluding days during which the inmate
				  is at court.
HOUSING AREA
- An area containing
				  maximum security, medium security, minimum security or segregation cells or
				  rooms, excluding holding, detoxification, or infirmary cells or rooms, and
				  containing day space, space provided for sleeping, storage of approved personal
				  effects, personal hygiene accommodations, and activities.
INDIGENT INMATE
- An inmate is
				  considered indigent whenever he/she has a zero balance in his/her account at
				  the facility and has no funds in a personal savings account or investment at
				  the time of making a request for free privileged mail, free legal photocopies
				  or free basic hygiene items.
INFORMATION SYSTEM
- Includes the
				  concepts, personnel and supporting technology for the collection, organization,
				  and delivery of information for administrative use. There are two types of
				  information:
1. Standard information
				consisting of the data required for operational control, such as daily count,
				positive and negative release rates, escape rates, referral sources, and
				payroll data;
2. Demand
				information, which can be generated when a report is required, such as the
				number of inmates in educational and training programs, and duration of
				confinement.
INMATE
- An adult, whether in
				  pretrial, convicted or sentenced status, who is confined in a jail, holding
				  facility, minimum security residential facility, alternative sentencing program
				  or home release electronic monitoring program.
INMATE RECORDS
- Information
				  concerning the individual's personal, criminal, and healthcare history,
				  behavior, and activities while in custody, including but not limited to:
				  commitment papers, court orders, detainers, personal property receipts,
				  visitors list, photographs, fingerprints, type of custody, disciplinary
				  violations and actions taken, grievance reports, work assignments, program
				  participation, and miscellaneous correspondence.
INTERMITTENT SUPERVISION
- The
				  supervision of an inmate by an assigned correctional officer within an
				  established time frame according to an inmate's risk level. (example: maximum
				  security every 15 minutes)
JAIL
- A confinement facility
				  operated by a county or multi-county jail authority which holds persons
				  detained pending adjudication and/or persons committed after adjudication for
				  misdemeanor sentences or for felony sentences of nine months or less.
JUVENILE
- Any person who had not
				  attained the age of 18 years at the time of commission of a juvenile
				  offense.
LIFE SAFETY CODE
- A manual
				  published by the National Fire Protection Association specifying minimum
				  standards for fire safety necessary in the public interest.
MAJOR INFRACTION
- A violation of
				  inmate rules that is punishable by actions which could affect release time or
				  actions which could result in a major change in conditions of
				  confinement.
MANDATORY STANDARD
- A standard
				  which has a basis in case law, State and federal statutes & regulations, or
				  codes intended to protect the rights and or safety of inmates, staff, and the
				  public. 100% compliance with mandatory standards is required for
				  licensing.
MAXIMUM SECURITY HOUSING
- A part
				  of the facility in which maximum security inmates are housed. Such an area has
				  the highest level of physical and operational security.
MAXIMUM SECURITY INMATE
- An inmate
				  who is not allowed to intermingle with inmates of other classifications and who
				  may be allowed to participate in group activities only under direct staff
				  supervision. An inmate may be assigned this classification because of
				  assaultive behavior, a threat to staff, volunteers, or other inmates, a serious
				  escape threat, or a threat to good order of the facility.
MEDIUM SECURITY INMATE
- An inmate
				  who may be allowed, under direct or indirect staff supervision, to participate
				  routinely in group activities and to intermingle with inmates of other
				  classifications. An inmate is assigned this classification when it is
				  determined that the inmate is not normally assaultive, is not a serious escape
				  threat, does not pose a significant threat to staff, volunteers, or other
				  inmates, and does not pose a significant threat to the good order of the
				  facility.
MINIMUM SECURITY INMATE
- An inmate
				  who may be allowed, under direct or indirect staff supervision, to work outside
				  the facility, participate routinely in group activities, and intermingle with
				  inmates of other classifications. An inmate is assigned this classification
				  when it is determined that the inmate is not assaultive and does not pose a
				  threat to staff, volunteers, or other inmates, an escape threat, or a threat to
				  the good order of the facility.
MINOR INFRACTION
- A violation of
				  inmate rules which is punishable by actions which do not affect release time or
				  actions which do not result in a major change in conditions of confinement, but
				  which may result in a short-term restriction or loss of privileges.
OBSERVATION
- A temporary status to
				  observe and control the behavior of an inmate who presents a high likelihood of
				  imminent harm to self or others, presents a substantial and imminent threat of
				  destruction of property, or demonstrates a risk of escape.
OBSERVATION CELL
- A cell used to
				  temporarily house an inmate who is suicidal, intoxicated or generally in need
				  of close supervision and observation.
POST
- A secure or non-secure area
				  that provides space and equipment to permit a facility staff member to carry
				  out defined job responsibilities. The area may be a writing surface, office, or
				  cubicle. The level of security for a workstation depends on program needs and
				  whether controls or access to certain areas need to be protected
POST ORDER
- A written description
				  of the major responsibilities and operational practices required to be carried
				  out by those staff assigned to a post.
PREA
- Prison Rape Elimination Act
				  (PREA), a federal law enacted in 2003, created to eliminate sexual abuse in
				  confinement.
PREA COORDINATOR
- Supervisory
				  level staff person appointed by the Sheriff or Administrator, who is
				  responsible for the management and monitoring of the facility's compliance with
				  applicable PREA standards.
PRIVILEGED CORRESPONDENCE
-
				  Correspondence concerning a legal matter or official government business in any
				  jurisdiction involving an inmate if the correspondence is between that inmate
				  and any of the following:
1.
				Attorneys;
2. Judges, court clerks,
				and courts;
3. Maine Human Rights
				Commission;
4. Appointed and
				elected government officials, including, but not limited to, the
5. President, the Governor, commissioners of
				state agencies, federal and state senators and representatives, tribal chiefs,
				and mayors and town and city councilors;
6. Advocates of government agencies;
				and
7. Legal advocacy
				organizations, including, but not limited to, American Civil
8. Liberties Union, Maine Equal Justice
				Partners, Maine Civil Liberties Union,
9. Disability Rights Center, GLBTQ Legal
				Advocates & Defenders, NAACP Legal Defense Fund, and National Lawyers
				Guild.
PROTECTIVE CUSTODY
- Special
				  housing to reasonably ensure the personal safety of inmates for reasons and
				  circumstances determined by trained staff.
RATED CAPACITY
- The number of
				  inmates a facility may house in accordance with standards under full, normal
				  operation without the addition of extra beds or mattresses to accommodate
				  overcrowding. A facility's rated capacity is approved by the Department.
RESTRAINT EQUIPMENT
- Any physical
				  or mechanical device, materials or equipment attached or adjacent to the
				  inmate's body that he or she cannot easily remove which restricts an inmate's
				  movement, physical activity, or normal access to his or her body and
				  others.
SAFETY EQUIPMENT
- This includes
				  firefighting equipment, (chemical extinguishers, hoses, nozzles, water
				  supplies, alarm systems, sprinkler systems, portable breathing devices), gas
				  masks, fans, first aid kits, stretchers, emergency alarms, and other items
				  necessary to ensure the safety of facility staff, inmates, visitors and/or
				  property.
SALLY PORT
- An enclosed area
				  situated either in the perimeter wall or fence of the facility or within the
				  interior of the facility, containing gates or doors at both ends, only one of
				  which opens at a time. This method of entry and exit ensures there will be no
				  breach in the perimeter or interior security of the facility.
SECURE DETENTION FACILITY
- A
				  facility characterized by physically restrictive construction that is intended
				  to prevent a person who is placed in or admitted to the facility from departing
				  at will.
SECURE PERIMETER
- The outer
				  boundaries of a facility which provide for secure confinement of inmates. This
				  perimeter may vary for individual inmates, depending upon their security
				  classification.
SECURITY DEVICES
- Includes
				  physical plant fixtures and architecture which prevent entry and/or egress of
				  inmates and visitors. Devices include, but are not limited to, electronic
				  monitoring equipment, security alarm systems, security light units, auxiliary
				  power supply, and other equipment used to maintain facility security.
SEGREGATION
- The confinement of an
				  inmate to a cell that is separated from the general population. There are two
				  forms of segregation: administrative segregation, which may include protective
				  custody, and disciplinary segregation.
SIGHT/SOUND SEPARATION
- Sight
				  separation is defined as no clear visual contact between incarcerated males
				  & females and adults & juveniles within close proximity to each other.
				  Sound separation is defined as no direct oral communication between
				  incarcerated males & females and adults & juveniles.
SHORT-TERM DETENTION AREA
- A
				  section of a building used for the detention of arrestees/inmates for periods
				  of up to six hours.
SPECIAL MANAGEMENT INMATES
- An
				  inmate is considered special management status when any one of the following
				  criteria is met:
1. The inmate poses a
				repeated or serious threat to the safety of others requiring a period of
				intensive security and programming;
2. The inmate poses a risk of escape
				requiring a period of intensive security and programming;
3. The inmate poses another repeated or
				serious threat to facility security requiring a period of intensive security
				and programming; or
4. The inmate
				presents other concerns requiring special management.
STAFF MEMBER
- For the purposes of
				  these standards, employees who have detention and/or corrections
				  responsibilities.
STAFFING ANALYSIS
- The process of
				  determining and developing staff assignment patterns for a facility following a
				  change in the facility's operations, physical plant or other contributing
				  factors.
STAFFING INVENTORY
- A
				  comprehensive schedule of staff post assignments and positions within the
				  facility that meets applicable standards requirements.
STRIP SEARCH
- A search that
				  requires a person to remove or arrange some or all clothing so as to permit a
				  visual inspection of the person's breasts, buttocks or genitalia.
SUPERVISORY STAFF
- Facility staff
				  charged with the responsibility of supervising other staff and ensuring
				  compliance with standards, policy, procedures, and other operational practices
				  during their tour of duty.
TEMPORARY RELEASE
- A period of
				  time during which an inmate is allowed to leave the program or institution and
				  go into the community unsupervised for purposes consistent with the public
				  interest.
TRAINING
- An organized, planned,
				  and evaluated activity designed to achieve specific learning objectives.
				  Training may occur on site, at an academy or training center, at an institution
				  of higher learning, through contract service, at professional meetings, or
				  through closely supervised, on-the-job training. Meetings of professional
				  associations are considered training when there is clear evidence of the above
				  training elements.
VARIANCE
- An application process
				  by which a county or municipality may request a temporary departure from a
				  mandatory standard when the intent of a standard can be achieved in a different
				  manner without posing a risk to the safety or security of the facility, staff
				  or inmates. Variances are approved through the Office of the
				  Commissioner.
WORK RELEASE
- A formal arrangement
				  whereby an inmate is permitted to leave confinement to maintain approved and
				  regular employment in the community, and returns to custody during nonworking
				  hours.