An Act To Ensure Humane Treatment for Special Management Prisoners
Sec. 1. 34-A MRSA §1406 is enacted to read:
§ 1406. Minimum standards governing the humane treatment of special management prisoners
The commissioner shall ensure that special management prisoners are treated in accordance with the minimum standards for humane treatment established in this section.
Sec. 2. Review of current status of special management prisoners. The Commissioner of Corrections shall review the status of all special management prisoners in the State within 45 days after the effective date of this Act to determine whether prisoners confined to special management units should remain in those units and to ensure that prisoners held in special management units more than 45 days receive a hearing as provided in the Maine Revised Statutes, Title 34-A, section 1406. The commissioner shall report the results of this evaluation to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters no later than January 15, 2011.
Sec. 3. Review of existing policies. The Commissioner of Corrections shall review all policies of the Department of Corrections in effect on the effective date of this Act relating to special management prisoners and update those policies as necessary to conform to this Act.
SUMMARY
This bill establishes minimum standards for the humane treatment of special management prisoners of the Department of Corrections. As defined in this bill, a "special management prisoner" is a prisoner assigned to one of several high-risk categories and confined in a secure special management unit.
The minimum standards established in this bill include limiting a prisoner's confinement to a special management unit to 45 days unless it is determined at a hearing that the prisoner has committed or attempted to commit a sexual assault, an escape from confinement or an act of violence within the previous 45 days. The bill also prohibits the confinement of prisoners with serious mental illness to a special management unit and requires that a special management prisoner determined to be suffering from serious mental illness be removed from the special management unit within 7 days. The bill also prohibits corporal punishment of special management prisoners and the use of chemical agents or instruments of physical restraint on special management prisoners. The bill also prohibits the Commissioner of Corrections, to the extent permitted by an interstate compact in effect at the time, from transferring a prisoner to an out-of-state facility unless the administrator of that out-of-state facility has agreed in writing to adhere to the provisions of this section with respect to the treatment of that prisoner, and requires the commissioner to return that prisoner to Maine if those standards are not met.
The bill also requires the Commissioner of Corrections to maintain a current list of all special management prisoners and requires the board of visitors of each correctional facility to annually conduct a comprehensive review of the policies, standards and treatment of special management prisoners to determine the effectiveness of those policies and standards and the degree to which the treatment of special management prisoners complies with the law. The board is required to include its findings in its annual report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters.
The bill also requires the Commissioner of Corrections to review the status of all special management prisoners in the State to determine whether prisoners confined to special management units should remain in those units and to ensure that prisoners held in special management units more than 45 days receive a hearing under the provisions of this bill. The commissioner is also required to review all policies in effect on the effective date of this bill relating to special management prisoners and update those policies as necessary to conform to the law.