reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 658 - MAINE FUEL BOARD › Chapter 208 - PERMITS FOR ABOVEGROUND AND UNDERGROUND PROPANE AND NATURAL GAS STORAGE FACILITIES AND ROOFTOP INSTALLATIONS › Section 658-208-3 - INSPECTION REQUIRED

Current through 2024-29, July 17, 2024
When the installation or alteration is completed, the person
				  making the installation or alteration shall notify the State Propane and
				  Natural Gas Inspector. The inspector shall inspect the installation within a
				  reasonable time so as not to cause undue delay in the progress of the
				  construction contract or installation. The inspector shall determine whether
				  the installation complies with all applicable statutes and rules. If the
				  inspector determines that the installation does not comply, the procedures set
				  forth in
				  32 MRSA
				  §18110 apply.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 658 - MAINE FUEL BOARD › Chapter 209 - MODIFICATION OF STANDARDS › Section 658-209-1

Current through 2024-29, July 17, 2024
Where the circumstances or conditions of any particular
				  installation are unusual as to render the strict application of a standard
				  imposed by Board rules impractical, the Board, or its designees (Propane and
				  Natural Gas Inspector located at the Department of Professional and Financial
				  Regulation), may permit such modifications as will provide a substantially
				  equivalent degree of safety and be consistent with good engineering
				  practice.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 658 - MAINE FUEL BOARD › Chapter 209 - MODIFICATION OF STANDARDS › Section 658-209-2

Current through 2024-29, July 17, 2024
Application for permission to deviate from installation
				  standards and rules imposed by the Board shall be made in writing prior to
				  commencement of the installation and shall document why compliance with a
				  prescribed standard is technically impractical and how the proposed
				  modification would meet the equivalent degree of safety. The Board may request
				  any additional information it deems necessary to assure that the modification
				  provides a reasonable degree of safety.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 658 - MAINE FUEL BOARD › Chapter 209 - MODIFICATION OF STANDARDS › Section 658-209-3

Current through 2024-29, July 17, 2024
The Board may grant authority to deviate from a particular
				  standard(s) or rule(s). Such decision shall be in writing prior to commencement
				  of the installation, and shall convey authority to adopt modifications only for
				  the specific installation described in the application and no other.
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-II - COUNTY JAILS › Appendix 201-1-II a-B - Inmate Daily County Form

Current through 2024-29, July 17, 2024
County_________________Date_____________________Started
					 By_______________________
COUNT AT
MIDNIGHT
:
5.
In-House Inmate
				  Population
1. Classification of
				  Adult Population
Adult Male Adult Female
minimum medium maximum minimum medium maximum
2. Total In-House Population
Adult Juvenile
Male Female Male Female
3. Number of B that are Boarders
Adult Juvenile
Male Female Male Female
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-II - COUNTY JAILS › Appendix 201-1-II a-B.1 - MAINE DEPARTMENT OF CORRECTIONS

Current through 2024-29, July 17, 2024
COUNTY JAIL MONTHLY POPULATION REPORT FORM
COUNTY: _______________________
MONTH: _______________ 20______
Click
					 here to view Image
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-II - COUNTY JAILS › Appendix 201-1-II a-D - STAFFING INVENTORY

Current through 2024-29, July 17, 2024
SUMMARY CHART OF PROPOSED STAFF COVERAGE
Record the number of staff per shift by position
Position:
Pos. ID #:
MONDAY SHIFT A
SHIFT B
SHIFT C
SHIFT D
TUESDAY SHIFT A
SHIFT B
SHIFT C
SHIFT D
WEDNESDAY SHIFT A
SHIFT B
SHIFT C
SHIFT D
THURSDAY SHIFT A
SHIFT B
SHIFT C
SHIFT D
FRIDAY SHIFT A
SHIFT B
SHIFT C
SHIFT D
SATURDAY SHIFT A
SHIFT B
SHIFT C
SHIFT D
SUNDAY SHIFT A
SHIFT B
SHIFT C
SHIFT D
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-II - COUNTY JAILS › Appendix 201-1-II a-G - Death Investigation Protocol

Current through 2024-29, July 17, 2024
Click
					 here to view Image
State of Maine
Office of the Attorney General
Death Investigation Protocol
______________________________________________________________________
I. BACKGROUND
A. The Attorney General is charged with the
				  investigation and prosecution of all homicides occurring in the State of Maine.
				  5 M.R.S.A. §200-A. The purpose of this protocol is to establish procedures
				  for law enforcement agencies in cases of violent, unnatural, unexplained,
				  suspicious, or suspected deaths. While it is implicit in these procedures that
				  a death has occurred, it is important to note that the procedures are also
				  applicable to those situations where there is no body, but there is evidence
				  that a death may have occurred, as in the case of a missing person where timely
				  implementation of these procedures is oftentimes critical.
B. Technical assistance and expertise are
				  indispensable to the successful investigation and prosecution of homicides.
				  This office will continue to rely upon the State Police Criminal Investigation
				  Division (CID) as its primary homicide investigative arm with such exceptions
				  as will be noted here or in other written instructions from this office. In
				  Portland, the Portland Police Department is designated as the primary homicide
				  investigative arm of this office. In Bangor, it is the Bangor Police
				  Department. Further references to "CID" or "Criminal Investigation Division" in
				  this protocol refer, respectively, to the Portland Police Department, the
				  Bangor Police Department, or the State Police.
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-IIb - HOLDING FACILITIES (6 TO 72 HOURS DETENTION) › Appendix 201-1-II b-H - MAINE DEPARTMENT OF CORRECTIONS HOLDING FACILITY/SDA MONTHLY POPULATION REPORT

Current through 2024-29, July 17, 2024
Facility_______________
					 Month/Year_______________
Name: Last, First
DOB
Adult Juv
Please Check one:
Offense Most
Sex
Race
Date/Time into
Date
								Time
Released to:
-Juv. ONLY Hours
								Held
Non Emg Sec. Det.
Race: A=Asian B=African American C=Caucasian H=Hispanic
					 I=Native American O=Other
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-IIc - SHORT TERM DETENTION AREAS (UP TO 6 HOUR DETENTION) › Appendix 201-1-II c-J

Current through 2024-29, July 17, 2024
Facility_______________
					 Month/Year_______________
Name: Last, First
DOB
Adult Juv
Please Check one:
Offense Most
Sex
Race
Date/Time into
Date
								Time
Released to:
Juv. ONLY Hours
								Held
Non Emg Sec. Det.
Race: A=Asian B=African American C=Caucasian H=Hispanic
					 I=Native American O=Other
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-IVa - COMMUNITY CORRECTIONS: HOME RELEASE AND ELECTRONIC MONITORING

Current through 2024-29, July 17, 2024
HREM.1
At a minimum, electronic monitoring programs shall be
				  managed/coordinated by a supervisory level staff person.
Evidence of Compliance
:
				  Written policy and procedure. Written appointment. Job description. Agency
				  organizational chart.
HREM.2
County staff or service providers responsible for electronic
				  monitoring programs shall receive training in the following areas:
a.) Theory, use, and limitations of
				electronic monitoring equipment;
b.) Installation, attachment, and testing of
				electronic monitoring equipment. In cases where a staff person is responsible
				for such, there must be written documents in the staff person's training or
				personnel file verifying that the person has been qualified to do so;
c.) Equipment use and operational practices
				for monitoring and supervising inmates participating in an electronic
				monitoring program; and d.) Statutory requirements for home release electronic
				monitoring programs pursuant to Maine Title 30-A §
										1659-A.
Evidence of Compliance
:
				  Written policy and procedure. Training curriculum. Training Records.
				  Interviews.
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-IVb - COMMUNITY CORRECTIONS: ALTERNATIVE SENTENCING PROGRAMS

Current through 2024-29, July 17, 2024
ASP.1
There shall be sufficient qualified staff to perform all
				  functions related to the security, custody, programs, and supervision of all
				  inmates participating in an alternative sentencing program. For each
				  alternative sentencing program, the Administrator or designee shall complete
				  and submit to the Department of Corrections, Inspections Division a staffing
				  inventory to include all security, custody, program, and support staff by
				  shift.
Evidence of Compliance
:
				  Documentation of submission/receipt of staffing inventory with specific names
				  referenced. Training records.
ASP.2
Correctional officers and other staff responsible for inmate
				  supervision shall receive and maintain certification in Cardiopulmonary
				  Resuscitation (CPR).
Evidence of Compliance
:
				  Shift rosters. Training records.
ASP.3
Written orientation materials shall be provided to the inmate
				  as part of the admissions process. These materials shall include, at a
				  minimum:
a.) Inmate rules and
				regulations, including sanctions;
b.) Daily activity schedule;
c.) Housekeeping plan;
d.) Menu;
e.) Programs; and
f.) PREA.
Inmates shall be required to verify receipt of orientation in
				  writing.
Evidence of Compliance
:
				  Written policy and procedure. Post orders. Written orientation. Signed
				  acknowledgement of orientation.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 3 - COUNTY JAIL OPERATIONS FUND DISTRIBUTION OF FUNDS FORMULA

Current through 2024-29, July 17, 2024
1. By August 1st
			 of each year, each county shall report to the Department of Corrections the
			 number of "county jail prisoner days" for that county for the previous fiscal
			 year. This total is to be based on the daily reports made by the county in the
			 BARS (Bed Availability Reporting System) or other reporting system approved by
			 the Commissioner of Corrections.These daily reports must be entered into the
			 system by 9:00 a.m. and reflect the jail's population count as of 12:00 a.m.
			 for the day reported.
2. The county
			 shall provide the number of "county jail prisoner days" attributable to each
			 prisoner who was charged with committing a crime in that county or was
			 committed to the custody of or detained by the sheriff of that county.This
			 includes persons who are housed in a jail as pre-trial detainees, pre-sentence
			 detainees, and sentenced prisoners, and persons who have been found incompetent
			 to stand trial or not criminally responsible but who are being detained pending
			 placement in a state psychiatric hospital.This does not include persons charged
			 with juvenile crimes nor does it include persons who are being held temporarily
			 in a cell, holding area or detention area for purposes of processing, arranging
			 bail, and/or release.
3. The county
			 shall attribute a "county jail prisoner day" to the "county of origin" for the
			 prisoner.When determining a prisoner's "county of origin," the following
			 criteria shall be used:
a. The county in
			 which the prosecution for the crime(s) is taking place or has taken place is
			 the "county of origin," unless venue was changed by the court or as otherwise
			 noted below.
b. If venue was
			 changed by the court, the "county of origin" is the county in which the
			 prosecution originated.
c. The
			 "county of origin" for a revocation of probation or revocation of supervised
			 release for sex offenders is determined by the county where the prosecution for
			 the underlying crime(s) took place.
d. For federal prisoners or prisoners
			 transferred to the county from the Department, the "county of origin" shall be
			 so noted as "federal" or "state," as applicable.
e. A prisoner who is being boarded for
			 another county shall have the sending county noted as the "county of
			 origin."
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 4 - Line of Duty Death Benefit for Corrections Officers › Section 201-4-I - AUTHORITY

Current through 2024-29, July 17, 2024
The Commissioner of Corrections adopts this policy pursuant
				  to the authority contained in 34-A M.R.S.A. §1403 and
				  25 M.R.S.A.
				  §1612.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 4 - Line of Duty Death Benefit for Corrections Officers › Section 201-4-III - POLICY

Current through 2024-29, July 17, 2024
This policy outlines the procedures governing the award of a
				  death benefit to the child, spouse, or parent of a corrections officer who dies
				  while in the line of duty.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 4 - Line of Duty Death Benefit for Corrections Officers › Section 201-4-IV - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Child - any natural born or unborn child,
				legally adopted child or stepchild of a corrections officer.
2. Consumer Price Index - the Consumer Price
				Index for All Urban Consumers, CPI-U, as compiled by the United States
				Department of Labor, Bureau of Labor Statistics.
3. Corrections officer - a person who is
				responsible for the custody or direct supervision of a person confined in a
				jail or state correctional facility pursuant to an order of a court or as a
				result of an arrest and who possesses a current and valid certificate issued by
				the Board of Trustees of the Maine Criminal Justice Academy pursuant to
				25 M.R.S.A.
				§2803-A.
4. Died while in the line of duty - died
				during the performance of a corrections officer's official duty or sustained an
				injury or illness during the performance of a corrections officer's official
				duty if the injury or illness resulted in death in that it was a substantial
				contributing factor in the death of the officer.
5. Official duty - an action that a
				corrections officer is authorized or obligated to perform by law, rule,
				regulation or condition of employment or service.
6. Parent - the natural or adoptive mother or
				father, or stepmother or stepfather, whose parental rights have not been
				terminated.
7. Spouse - a person
				who is legally married to a corrections officer at the time of the corrections
				officer's death.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 4 - Line of Duty Death Benefit for Corrections Officers › Section 201-4-V - CONTENTS

Current through 2024-29, July 17, 2024
Procedure A: General
Procedure B: Death Benefit - Amount and Receipt
Procedure C: Limitation on Benefit
Procedure D: Filing Request for Benefit
Procedure E: Determination of Eligibility for Benefit
Procedure F: Interim Benefit
Procedure G: Appeal
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 4 - Line of Duty Death Benefit for Corrections Officers › Section 201-4-VII - PROCEDURES

Current through 2024-29, July 17, 2024
Procedure A: General
1. The Commissioner hereby adopts this policy
				as the rule governing the award of a death benefit to the child, spouse or
				parent of a corrections officer who dies while in the line of duty in
				accordance with
				25 M.R.S.A.
				§§1611 & 1612.
2. This policy does not pertain to the
				Department's law enforcement officers (facility detectives, probation officers,
				and juvenile community corrections officers) as a death benefit for a law
				enforcement officer is governed by the Maine State Police rule on this
				matter.
3. This policy pertains to
				corrections officers employed by:
a. the Maine
				Department of Corrections; and
b.
				Maine Jails.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 5 - Advisory Rulings › Section 201-5-I - AUTHORITY

Current through 2024-29, July 17, 2024
The Commissioner of Corrections adopts this policy pursuant
				  to the authority contained in
				  5 M.R.S.A. Section
				  9001 and 34-A M.R.S.A. Section
				  1403.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 5 - Advisory Rulings › Section 201-5-III - POLICY

Current through 2024-29, July 17, 2024
The Commissioner of Corrections as required by
				  5 M.R.S.A.
				  Section9001 establishes this rule to provide
				  the procedure for the submission, consideration, and disposition of requests
				  for advisory rulings.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 5 - Advisory Rulings › Section 201-5-IV - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Advisory ruling - a clarification made by
				the Commissioner, or designee, with respect to the applicability of any statute
				or rule administered by the Department of Corrections.
2. Interested person - a person who is
				affected by the statute or rule for which an advisory ruling is
				requested.
3. Rule - the whole or
				any part of every regulation, standard, code, statement of policy, or other
				agency guideline or statement of general applicability, including the
				amendment, suspension or repeal of any prior rule, that is or is intended to be
				judicially enforceable and implements, interprets or makes specific the law
				administered by the agency, or describes the procedures or practices of the
				agency. A rule does not include:
a. policies
				or memoranda concerning only the internal management of an agency or the State
				Government and not judicially enforceable;
b. advisory rulings;
c. decisions issued in adjudicatory
				proceedings; or
d. any form,
				instruction or explanatory statement of policy that in itself is not judicially
				enforceable, and that is intended solely as advice to assist persons in
				determining, exercising or complying with their legal rights, duties or
				privileges.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 5 - Advisory Rulings › Section 201-5-V - CONTENTS

Current through 2024-29, July 17, 2024
Procedure A: Authority and Scope
Procedure B: Submission of Request for an Advisory Ruing
Procedure C: Consideration
Procedure D: Disposition and Publication
Procedure E: Maintenance of Advisory Ruling
				  Records
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 5 - Advisory Rulings › Section 201-5-VII - PROCEDURES

Current through 2024-29, July 17, 2024
Procedure A: Authority and Scope
1. The Commissioner, or designee, may make an
				advisory ruling with respect to the applicability of any statute or rule
				administered by the Department of Corrections upon a written request from an
				interested person, pertaining to that person, his or her property, or an
				existing factual situation or actual state of facts.
2. An advisory ruling may be issued at the
				discretion of the Commissioner, or designee.
3. An advisory ruling shall not be binding
				upon the Department, including in any subsequent enforcement action initiated
				by the Department, provided that any person's justifiable reliance upon the
				ruling shall be considered in mitigation of any penalty sought to be
				assessed.
4. All the Department's
				rules are on the Secretary of State public website and designated as such on
				the Department's public website.
Procedure B: Submission of Request for an Advisory
				  Ruing
1. Any interested person
				may make a written request to the Department's Policy Development Coordinator,
				or designee, for an advisory ruling. The request must include the statute or
				rule administered by the Department subject to the request for an advisory
				ruling and must include in detail facts pertinent to the request.
2. The Department's Policy Development
				Coordinator, or designee, shall retain the original request and forward a copy
				to the Commissioner, or designee.
Procedure C: Consideration
1. The Commissioner, or designee, shall
				review an advisory ruling request and may:
a.
				issue an advisory ruling;
b.
				decline to issue an advisory ruling:
1) if the
				person requesting an advisory ruling does not meet the definition of an
				interested person;
2) if the person
				requests an advisory ruling pertaining to a hypothetical situation or set of
				facts;
3) if there is insufficient
				experience or information upon which to base a ruling;
4) if it is not in the best interests of the
				Department to make a ruling; or
5)
				for any other reason the Commissioner, or designee, deems appropriate;
				or
c. request additional
				information from the requesting person before making a decision whether to
				issue an advisory ruling.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT › Subsection 201-10-20.2 - Prisoner Drug and Alcohol Testing

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.
				  section1402.
II.
APPLICABILITY
All Adult Correctional Facilities
III.
POLICY
It is the policy of the Department to conduct drug and
				  alcohol testing of prisoners to try to identify those individuals who are using
				  drugs and alcohol in violation of the prisoner discipline policy and to
				  facilitate appropriate treatment and the use of appropriate intervention
				  strategies.
IV.
CONTENTS
Procedure A: Drug and Alcohol Testing, General
Procedure B: Reasons for Drug and Alcohol Testing
Procedure C: Urine Collection and Testing for Drugs and
				  Alcohol
Procedure D. Confirmation Testing of Urine Test
				  Results
Procedure E: Breath Collection and Testing for
				  Alcohol
Procedure F: Documentation of Test Results
Procedure G: Actions Taken as a Result of Testing
Procedure H: Training
V.
DEFINITIONS
1. Confirmation testing - confirmation
				testing refers to drug testing performed at an independent laboratory utilizing
				technology that is more advanced than that used in facility drug testing to
				assess the accuracy and validity of a drug test performed at the facility.
2. Drug - for purposes of this
				policy, drug means any scheduled drug; any drug, even if not a scheduled drug,
				that is not allowed to prisoners (such as synthetic hallucinogenic drugs,
				synthetic cannabinoids or their derivatives, etc.); inhalants; or marijuana.
3. Refusal to submit to
				testing-refusal to submit to testing consists of any conduct that would
				constitute the disciplinary violation of "Test, Refusing to Take Alcohol,
				Inhalant, Marijuana, or Drug Test" as described in Department Policy (AF) 20.1,
				Prisoner Discipline.
4. Tampering
				with a test - tampering with a test consists of any conduct that would
				constitute the disciplinary violation of "Test, Tampering with Alcohol,
				Inhalant, Marijuana, or Drug Test" as described in Department Policy (AF) 20.1,
				Prisoner Discipline.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT › Subsection 201-10-27.2 - Supervised Community Confinement

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. Section 3036-A.
II.
APPLICABILITY
All Departmental Adult Facilities and Adult Community
				  Corrections
III.
POLICY
The purpose of the Supervised Community Confinement Program
				  (SCCP) is to provide a means of successful reentry of adult facility residents
				  into the community. Residents transferred to supervised community confinement
				  are still considered to be in the legal custody of the Department while in the
				  program. The place of confinement is in the community, rather than in a
				  Department facility. Participation in this program is a privilege which may be
				  afforded to eligible residents who meet the criteria.
Utilizing evidence-based approaches to recovery,
				  rehabilitation, and reentry, this program, along with other programs and
				  services, guides and encourages residents from intake to release to assume
				  graduated levels of personal responsibility by participating in programs and
				  engaging with services designed to reduce their likelihood of reoffending once
				  back in the community.
IV.
DEFINITIONS
1. Core Programs -
				programs identified by a resident's Unit Team as necessary to address high risk
				areas specific to the resident, e.g., substance use disorder treatment,
				domestic violence intervention program, cognitive behavioral therapy, problem
				sexual behavior treatment, etc.
2.
				Current custody release date - the release date calculated with detention time
				credit and with all good time (deductions) awarded and not lost up to the prior
				month. It also takes account of the restoration of lost good time (deductions)
				if that occurred any time up to the prior month.
3. Staff - for purposes of this policy,
				Department employee or a person in a facility providing services to an adult
				resident or a juvenile resident by agreement with or under contract with the
				Department (e.g., facility health care staff), but not including a volunteer,
				student intern, delivery person, etc.).
4. Supervised Community Confinement Program
				(SCCP) - a structured community program to which eligible adult facility
				residents may be transferred in order to facilitate their reentry into Maine
				communities.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT › Subsection 201-10-27.3 - Community Transition Program

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. Section 3035.
II.
APPLICABILITY
All Departmental Adult Facilities
III.
POLICY
Participation in the community transition program provides
				  adult facility residents with the opportunity to prepare for successful reentry
				  into the community following imprisonment by allowing approved residents
				  authorized absences from the facility under carefully prescribed conditions to
				  participate in work, education, or public service. Participation in this
				  program is a privilege that may be afforded to residents who meet the
				  criteria.
IV.
DEFINITIONS
1. Core Programs -
				programs identified by a resident's Unit Team as necessary to address high-risk
				areas specific to the resident, e.g., substance use disorder treatment,
				domestic violence intervention program, cognitive behavioral therapy, problem
				sexual behavior treatment, etc.
2.
				Community transition program - an authorized temporary absence from the
				facility granted to an adult facility resident unaccompanied by facility staff
				for work release, education release, and/or public service release.
3. Current custody release date - the release
				date calculated with detention time credit and with all good time (deductions)
				awarded and not lost up to the prior month. It also takes account of the
				restoration of lost good time (deductions) if that occurred any time up to the
				prior month.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT › Subsection 201-10-29.1 - Prisoner Grievance Process, General

Current through 2024-29, July 17, 2024
I.
AUTHORITY
The Commissioner of Corrections adopts this policy pursuant
				  to
				  34-A M.R.S.A.
				  Section1402(5).
II.
APPLICABILITY
All Adult Correctional Facilities
III.
POLICY
The purpose of this policy is to establish a grievance
				  process for reviewing and resolving complaints of adult facility residents,
				  other than complaints concerning matters for which there is a separate
				  grievance process or a separate appeal process. It is anticipated that prior to
				  filing a lawsuit, a resident will attempt to resolve such a complaint by using
				  the grievance process. The grievance process is evaluated at least annually to
				  determine its efficiency and effectiveness.
IV.
DEFINITIONS
1. Duplicate grievance - a grievance is a
				duplicate if it makes the same complaint about a policy, procedure, practice,
				condition of confinement, sentence calculation, financial transaction, action,
				decision, event or incident, or other matter as an earlier grievance. A
				grievance is not a duplicate if it concerns the same general issue but
				different occurrences of the issue (e.g., a complaint about food missing from a
				meal on a specific day is not a duplicate grievance of a complaint about food
				missing from a meal on a different day), unless the different occurrences stem
				from one decision or action (e.g., a second or subsequent complaint about a
				recurring deduction being made from a resident's account for restitution is a
				duplicate grievance of the first complaint).
2. Frivolous grievance - a grievance is
				frivolous if it is a complaint about a matter of little or no importance or if
				it has no sound basis in fact or argument, whether as written, based on a
				history of similar meritless complaints, or after a preliminary investigation.
				A grievance is not frivolous if there is a reasonable possibility it is a
				meritorious complaint about a violation of law, a violation of policy, a risk
				to health or safety, or an ongoing or frequent deviation from a normal practice
				or condition of confinement.
3.
				Staff - for purposes of this policy, Department employee or a person in an
				adult facility providing services to an adult resident by agreement with or
				under contract with the Department (e.g., staff from DHHS), but not including a
				volunteer, student intern, delivery person, etc.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT › Subsection 201-10-29.2 - Client Grievance Rights - Grievance Process, Medical and Mental Health

Current through 2024-29, July 17, 2024
I.
AUTHORITY
The Commissioner of Corrections adopts this policy pursuant
				  to
				  34-A M.R.S.A.
				  Section1402(5).
II.
APPLICABILITY
All Adult Correctional Facilities
III.
POLICY
The purpose of this policy is to establish a grievance
				  process for reviewing and resolving complaints of adult facility residents
				  concerning health care. It is anticipated that prior to filing a lawsuit, a
				  resident will attempt to resolve such a complaint by using the grievance
				  process. The grievance process is evaluated at least annually to determine its
				  efficiency and effectiveness.
IV.
DEFINITIONS
1. Duplicate grievance - a grievance is a
				duplicate if it makes the same complaint about health care as an earlier
				grievance. A grievance is not a duplicate if it concerns the same general issue
				but different occurrences of the issue (e.g., a complaint about prescribed
				medication not being administered on a specific day is not a duplicate
				grievance of a complaint about the same prescribed medication not being
				administered on a different day), unless the different occurrences stem from
				one decision or action (e.g., a second or subsequent complaint about a
				recurring requirement that a resident take a medication in liquid form is a
				duplicate grievance of the first complaint).
2. Frivolous grievance - a grievance is
				frivolous if it is a complaint about a matter of little or no importance or if
				it has no sound basis in fact or argument, whether as written, based on a
				history of similar meritless complaints, or after a preliminary investigation.
				A grievance is not frivolous if there is a reasonable possibility it is a
				meritorious complaint about a violation of law, a violation of policy, a risk
				to health, or an ongoing or frequent deviation from a normal
				practice.
3. Health care - health
				care includes medical care, eye care, dental care, mental health care,
				substance use disorder treatment, and problem sexual behavior treatment.
4. Staff - for purposes of this
				policy, Department employee or a person in an adult facility providing services
				to an adult resident by agreement with or under contract with the Department,
				including facility health care staff, but not including a volunteer, student
				intern, delivery person, etc.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT › Subsection 201-10-30.7 - Variances

Current through 2024-29, July 17, 2024
POLICY VARIANCES
The Commissioner of the Department of Corrections is
				  authorized under
				  34-A MRSA,
				  Section1208, paragraph 5, to grant
				  municipalities and counties variances to Maine Standards for County Jail,
				  Holding Facilities, and Short-Term Detention Areas when the variance will not
				  result in diminishing the safety, health or security of staff, inmates, or
				  visitors of county or municipal detention facilities. Such a mechanism for
				  granting variances is necessary as standards cannot be written to anticipate
				  all situations. The intent of a variance is to offer municipalities and
				  counties the opportunity to achieve compliance with the intent and spirit of a
				  standard without attaining exact compliance with that standard.
Procedure A. Application Process for
				  Variances
1. Upon written
				request from a municipality or county, the Department of Corrections shall,
				within fifteen (15) working days, provide the municipality or county with a
				variance application which must be completed when applying for a variance. The
				Variance Application shall include, but not limited to, the following
				information:
Section I: Name of Department
				and Facility for which a variance is being requested;
Section II: Type of facility;
Section III: Current variances, if any,
				granted to that facility;
Section
				IV: Specific standard for which a variance is being
				sought;
Section V: Length of time
				Variance is requested for; (Variances may be granted for up to a two year
				period.)
Section VI: Summary of
				non-compliance;
Section VII:
				Detailed description of variance sought and the efforts which are underway to
				achieve compliance with the standards.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 12 - POLICY AND PROCEDURES MANUAL - JUVENILE › Subsection 201-12-15.4 - Drug and Alcohol Testing of Juvenile Clients

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. Section1402.
II.
APPLICABILITY
All Juvenile Correctional and Detention Facilities and
				  Juvenile Community Correctional Programs.
III.
POLICY
The Department of Corrections is committed to zero tolerance
				  practices that combat the use of illegal drugs and alcohol by the juveniles in
				  its custody or under its supervision to ensure a more secure, safe, and healthy
				  living environment. The purposes of the Department's Drug and Alcohol Testing
				  Program are:
1. To aid in the control
				of illegal drugs and alcohol (any Scheduled Drug as defined in Title 17-A
				M.R.S.A. sections1101 and 1102, to include prescription drugs) and alcohol (any
				alcoholic, spirituous vinous, fermented, or other liquid that contains
				alcohol);
2. To determine the level
				of illegal drug and alcohol use by those juveniles in custody or under
				supervision in the community;
3. To
				identify individuals who are illegally using drugs and alcohol and take
				appropriate action to curtail usage;
4. To monitor compliance with institutional
				rules, treatment programs, and conditions of supervision in the community.
For the purposes of this policy and procedures, persons or
				  agencies under contract with the Department of Corrections to provide community
				  supervision of juveniles may collect and test specimens for drugs and alcohol,
				  if personnel receive approved training, use a drug or alcohol detection system
				  approved by the Commissioner of Corrections, and otherwise comply with all
				  requirements of this policy and procedures. In addition, law enforcement
				  agencies or independent certified testing facilities may collect and test
				  specimens for drugs and alcohol in accordance with their own policies and
				  procedures.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-1 - Procedures and Standards for Batterer Intervention Programs

Current through 2024-29, July 17, 2024
(relating to psychological, physical, verbal and sexual
				  abuse)
1.1
Definitions
A.
Domestic Abuse
In the context of this document, the definition of the term
				  "domestic abuse" refers to the definition of "abuse" in
				  19-A
				  M.R.S.A. §4002.
"Abuse" means the occurrence of the following acts between
				  family or household members or dating partners.
1. Attempting to cause or causing bodily
				injury or offensive physical contact, including sexual assaults under Title
				17-A, Chapter 11, except that contact as described in Title 17-A, §106,
				sub-§1, is excluded from this definition;
2. Attempting to place or placing another in
				fear of bodily injury through any course of conduct including, but not limited
				to, threatening, harassing, or tormenting behavior;
3. Compelling a person by force, threat of
				force or intimidation to engage in conduct from which the person has a right or
				privilege to abstain or to abstain from conduct in which the person has a right
				to engage;
4. Knowingly restricting
				substantially the movements of another person without that person's consent or
				other lawful authority by: removing that person from that person's residence,
				place of business or school; moving that person a substantial distance from the
				vicinity where that person was found; or confining that person for a
				substantial period either in the place where the restriction commences or in a
				place to which that person has been moved;
5. Communicating to a person a threat to
				commit, or to cause to be committed, a crime of violence dangerous to human
				life against the person to whom the communication is made or another, and the
				natural and probable consequence of the threat, whether or not that consequence
				in fact occurs, is to place the person to whom the threat is communicated, or
				the person against whom the threat is made, in reasonable fear that the crime
				will be committed; or
6.
				Repeatedly and without reasonable cause:
a.
				following the victim; or
b. being
				at or in the vicinity of the victim's home, school, business, or place of
				employment.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-2 - Certification

Current through 2024-29, July 17, 2024
2.1
Oversight of the Maine Standards
				for Batterer Intervention Programs
A.
				The Maine Department of Corrections, hereafter called "DOC", shall be the lead
				agency responsible for implementation of these standards, through its Victim
				Services Coordinator. Only BIPrograms that hold a valid certificate granted by
				the DOC shall be utilized for court referrals. A certificate shall be valid for
				two years unless suspended or revoked.
B. The DOC, in consultation with the Maine
				Commission on Domestic and Sexual Abuse, shall develop and, on a biannual
				basis, review a certification process for BIPrograms. The review process may
				include input from representatives of the following agencies and organizations
				and any others deemed appropriate by the DOC:
1. domestic violence centers;
2. batterer intervention programs;
3. the judicial system;
4. local law enforcement;
5. victims of domestic violence;
6. health and human service
				agencies;
7. schools;
8. hospital emergency departments;
9. community corrections;
10. groups working with victims of child
				abuse;
11. groups working with
				victims of sexual abuse;
12. groups
				coordinating supervised visitation; and/or
13. other stakeholders.
C. BIPrograms will be assessed a fee for
				program certification.
D.
				Certification of BIPrograms will be for a period of two years as referenced in
				section 2.1 A.
E. If anyone has a
				dispute regarding the certification of a BIProgram, which appears to be at an
				impasse, it will be the responsibility of the DOC, in consultation with the
				Maine Commission on Domestic and Sexual Abuse, to attempt to bring such a
				dispute to resolution.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-3 - Coordinated Community Response to Domestic Abuse

Current through 2024-29, July 17, 2024
3.1
Goals
A. A coordinated community response to
				domestic abuse occurs when diverse segments of a community work together for
				two common goals:
1. the safety of the victims
				of domestic abuse; and
2. to end
				domestic abuse.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-4 - BIProgram Model

Current through 2024-29, July 17, 2024
4.1
BIProgram
				Format
A. BIPrograms must be:
1. held in anin-person group format with no
				more than 15 participants nor less than 3 participants registered, unless the
				program is granted a waiver by DOC;
2. educationally oriented;
3. restricted to perpetrators of domestic
				abuse;
4. comprised of the same
				gender; and
5. have rolling or open
				admission (no waiting lists).
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-6 - Waiver

Current through 2024-29, July 17, 2024
A. The DOC may waive the requirements of
				these standards if and only if specified herein.
B. All requests for waivers must be directed
				to the DOC's Victims Services Coordinator, who must make the final decision on
				a waiver request in his or her sole discretion.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-7 - Jail and Correctional Facility Programs

Current through 2024-29, July 17, 2024
A. Programs offered in a jail or DOC
				correctional facility do not meet the definition of a certified BIProgram
				.Credit toward attending a certified BIProgram must not be given or transferred
				for any participation in any jail or DOC correctional facility
				program.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-8 - Duty to Warn

Current through 2024-29, July 17, 2024
A. When a domestic
				abuse offender enrolled in a BIProgram makes an overt or covert threat of harm
				to self or others, the educator must promptly warn the following persons or
				agencies in the following order:
1.
				Appropriate local, county, and/or state law enforcement agency(ies);
2. Victim or other person threatened, if
				current contact information is available;
3. Probation Officer, if applicable; and
4.  Appropriate
				DVC(s).
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-9 - Mandatory Reporting

Current through 2024-29, July 17, 2024
A.
Required
				report of child abuse or neglect to DHHS
BIProgram educators must immediately report or cause a report
				  to be made to the DHHS, Child Protective Services, and/or
Indian Child
				  Welfare Act
caseworker when the educator knows or has reasonable cause
				  to suspect that a child has been or is likely to be abused or neglected by a
				  person responsible for the child or that a suspicious child death has been
				  caused by a person responsible for the child.
B.
Required report of child abuse or
				neglect to Prosecutor's Office
BIProgram educators must immediately report or cause a report
				  to be made to the appropriate prosecutor's office when the educator knows or
				  has reasonable cause to suspect that a child has been or is likely to be abused
				  or neglected by a person not responsible for the child or that a suspicious
				  child death has been caused by a person not responsible for the child.
C.
Required report of elder
				abuse, neglect or exploitation to DHHS
BIProgram educators must immediately report or cause a report
				  to be made to DHHS when the person knows or has reasonable cause to suspect
				  that an incapacitated or dependent adult has been or is likely to be abused,
				  neglected or exploited.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-10 - Ethics

Current through 2024-29, July 17, 2024
A. BIProgram staff must not discriminate
				against a domestic abuse offender based on age, race, religion, gender, gender
				identity, sexual orientation, disability, national origin, or socioeconomic
				status.
B. A domestic abuse
				offender should be treated with dignity and respect by BIP program staff
				regardless of the nature of the offender's crimes or conduct.