Sec. 1. 34-A MRSA §3036-A, sub-§2, as enacted by PL 1991, c. 845, §4, is amended to read:

2. Participation. With the consent of the prisoner the commissioner may permit any prisoner committed to the department, except for a prisoner sentenced to imprisonment for life, to be transferred from a correctional facility to supervised community confinement subject to the following restrictions.

A. A transfer to supervised community confinement may only be granted subject to rules adopted by the commissioner.

B. A prisoner may not be transferred to supervised community confinement until the prisoner has served at least 2/3 of the term of imprisonment imposed or, in the case of a split sentence, at least 2/3 of the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17-A, section 1253.

C. A prisoner may not be transferred to supervised community confinement unless the prisoner has no more than one year remaining on the term of imprisonment or, in the case of a split sentence, on the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17-A, section 1253.

D. A prisoner may not be transferred to supervised community confinement if the prisoner who has a security classification level higher than minimum may not be transferred to supervised community confinement unless the commissioner first evaluates the prisoner and determines that the prisoner is a suitable candidate for supervised community confinement.

SUMMARY

This bill amends the supervised community confinement program to do the following.

1. A prisoner who has been sentenced to life imprisonment is specifically excluded from participation in the program.

2. The provision restricting participation in the program to a prisoner who has one year or less remaining on the term of imprisonment is repealed, thus allowing a prisoner who has served at least 2/3 of the prisoner's sentence to be eligible for the program.