A.__The officer or supervisor has made reasonable efforts to advise the prisoner that the officer or supervisor is an officer or supervisor attempting to prevent an escape or apprehend an escapee and the officer or supervisor has reasonable grounds to believe that the prisoner is aware of this advice; or

B.__The officer or supervisor reasonably believes that the prisoner otherwise knows that the officer or supervisor is an officer or supervisor attempting to prevent an escape or apprehend an escapee.

For purposes of this paragraph, "a reasonable belief that a prisoner has committed a crime involving use or threatened use of deadly force" means a reasonable belief in facts, circumstances and the law which, if true, would constitute such an offense by that prisoner.__If the facts and circumstances reasonably believed would not constitute such an offense, an erroneous but reasonable belief that the law is otherwise justifies the use of deadly force to prevent an escape or apprehend an escapee.

5. A corrections officer, corrections supervisor or law enforcement officer is justified in using deadly force against a person confined in the Maine State Prison or the Maine Correctional Institution - Warren when the officer or supervisor reasonably believes that deadly force is necessary to prevent an escape from custody or apprehend an escapee from custody.__The officer or supervisor shall make reasonable efforts to advise the prisoner that if the attempt to escape does not stop immediately or the prisoner does not submit to apprehension immediately, deadly force will be used.__This subsection does not authorize a corrections officer, corrections supervisor or law enforcement officer who is not employed by a state agency to use deadly force.

Sec. 5. 17-A MRSA §757, sub-§2, as repealed and replaced by PL 1977, c. 510, §65, is amended to read:

2. As used in this section, "official custody" has the same meaning as in section 755. As used in this section, "contraband"

has the same meaning as in section 756. In addition, as used in this section, "contraband" includes tobacco and tobacco products if a person has been committed to the official custody of the Department of Corrections or of a sheriff who has banned the use of tobacco and tobacco products by prisoners in the sheriff's custody.

Sec. 6. 17-A MRSA §1202, sub-§1-B, as enacted by PL 1999, c. 492, §1, is amended to read:

1-B. Notwithstanding subsection 1, the period of probation for a person convicted of a Class D or Class E crime involving domestic violence must be 2 years, except that the term of probation must be terminated at the time the probationer completes a certified batterers' intervention program as defined in Title 19-A, section 4014, unless there is another condition of probation that has yet to be met.

Sec. 7. 19-A MRSA §4012, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

Sec. 8. 22 MRSA §2883, as amended by PL 1995, c. 560, Pt. K, §82 and affected by §83, is further amended by adding at the end a new paragraph to read:

As used in this section, "burial" includes cremation and burial of the cremated remains of the body.

Sec. 9. 25 MRSA §2801-A, sub-§2, ¶A, as enacted by PL 1989, c. 521, §§2 and 17, is amended to read:

A. For state agencies, the following class titles and their successor titles:

(1) Training School Counselor I and II;

(2) Training School Counselor Supervisor;

(3) Corrections Officer I, II and III;

(4) Guard;

(5) Guard Sergeant;

(6) Guard Lieutenant; and

(7) Guard Captain; and

(8)__Correctional Trade Instructor; and

Sec. 10. 25 MRSA §2801-B, sub-§3 is enacted to read:

3. Juvenile facilities.__The training standards and requirements of this chapter do not apply to the persons defined by this chapter as corrections officers who are employees of the Department of Corrections employed at a juvenile facility.__The Commissioner of Corrections shall provide adequate education and training for all such corrections officers. The board shall advise the commissioner concerning appropriate and adequate training.

Sec. 11. 32 MRSA §7154, 2nd ¶, as amended by PL 1979, c. 541, Pt. B, §41, is further amended to read:

It shall be is unlawful for any a polygraph examiner conducting a polygraph examination to ask any questions pertaining to sexual behavior of any type or questions that could be construed as being sexually oriented, unless the examination is conducted in the course of either a criminal investigation by law enforcement officials or in the course of civil litigation in which sexual behavior is at issue or is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment. This prohibition does not apply to polygraph examinations for applicants for positions in law enforcement agencies. If the polygraph examination is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment, the results of the examination are not admissible into evidence in a court proceeding.

Sec. 12. 34-A MRSA §1205, sub-§§1 and 2, as enacted by PL 1983, c. 459, §6, are repealed.

Sec. 13. 34-A MRSA §1205, sub-§3, ¶¶A and B, as enacted by PL 1983, c. 459, §6, are repealed.

Sec. 14. 34-A MRSA §1205-A is enacted to read:

§1205-A.__Correctional Medical Services Fund

This section establishes the Correctional Medical Services Fund to provide the means for the development, expansion, improvement and support of correctional medical services.

1. Commissioner's powers. The commissioner may receive and use, for the purpose of this section, money appropriated by the State, grants from the United States and funds from other sources.

2. Correctional Medical Services Fund.__All funds appropriated for the purpose of this section and all grants and other funds received by the department for the purpose of this

section must be credited to a special account in the department to be known as the Correctional Medical Services Fund.__State funds appropriated to this special account that are unexpended at the end of the fiscal year for which the funds are appropriated do not lapse, but must carry forward into subsequent fiscal years to be expended for the purpose of this section.

Sec. 15. 34-A MRSA §1403, sub-§2, ¶C, as amended by PL 1999, c. 731, Pt. G, §2, is further amended to read:

C. The commissioner shall appoint the following officials to serve at the pleasure of the commissioner:

(1) Associate Commissioner for Adult Services;

(1-A) Associate Commissioner for Juvenile Services; and

(2) Assistant to the Commissioner; and

(3) Associate Commissioner for Legislative and Program Services.

Sec. 16. 34-A MRSA §3003, sub-§1, as amended by PL 1997, c. 714, §2, is further amended by amending the first paragraph to read:

1. Limited disclosure. All orders of commitment, medical and administrative records, applications and reports, and facts contained in them, pertaining to any a person receiving services from the department, must be kept confidential and may not be disclosed by any a person, except that public records must be disclosed in accordance with Title 1, section 408, criminal history record information may be disseminated in accordance with Title 16, chapter 3, subchapter VIII, and documents, other than those documents pertaining to information obtained by the department for the purpose of evaluating a client's person's ability to participate in a community-based program or from informants in a correctional or detention facility for the purpose of determining whether facility rules have been violated, or a victim's request for notice of release, or a screening or assessment tool used by a correctional or detention facility, may, and must upon request, be disclosed:

Sec. 17. 34-A MRSA §3031-A is enacted to read:

§3031-A.__Transportation outside the State for medical care

1. Transportation.__A person residing in a correctional or detention facility may be transported by the department for medical care outside the State if the facility's treating

physician determines the care is necessary and unavailable within the State.

2. Costs.__The person, if able, shall pay the cost of transportation and the per diem compensation of the accompanying officers.

Sec. 18. 34-A MRSA §3040-A, sub-§5 is enacted to read:

5. Burial at public expense.__Notwithstanding subsections 1 and 4, the chief administrative officer may use the deposit in the client's account at a correctional or detention facility to defray the cost of the burial of the client at public expense pursuant to Title 22, section 2883.

Sec. 19. 34-A MRSA §3046, first ¶, as amended by PL 1991, c. 314, §50, is further amended to read:

At the discretion of and under conditions prescribed by the commissioner, a client confined in a correctional or detention facility may attend the funeral of the client's spouse, natural or adoptive mother, father, son, daughter, grandfather or grandmother, grandchild, brother or sister, stepmother, stepfather, stepson, stepdaughter, stepgrandfather or stepgrandmother, stepgrandchild or stepbrother or stepsister or may be permitted deathbed visits to any of those persons, if the funeral or visit is held within the State.

SUMMARY

This bill does the following:

1. It establishes the authority for the Department of Corrections to transport prisoners across state lines for medical care;

2. It authorizes the department to pay for cremation as an option and to clarify reimbursement for funeral expenses;

3. It allows deathbed visits by prisoners to step-relatives;

4. It exempts corrections officers at juvenile facilities from the Criminal Justice Academy's training and certification requirements;

5. It creates the Correctional Medical Services Fund;

6. It amends the confidentiality statutes to make screening and assessment tools confidential;

7. It adds tobacco trafficking to the prison contraband law;

8. It repeals the temporary certification requirement for batterers' intervention programs;

9. It removes Assistant to the Commissioner of Corrections from positions that serve at the pleasure of the commissioner;

10. It adds Correctional Trade Instructor to the definition of corrections officer;

11. It allows polygraph testing of sex offenders in court- ordered treatment;

12. It clarifies use of force relating to corrections personnel; and

13. It clarifies termination of probation provisions for those who complete batterers' intervention programs.