LD 1497
pg. 7
Page 6 of 9 An Act To Amend the Laws Pertaining to the Department of Corrections Page 8 of 9
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LR 1961
Item 1

 
was the victim of a crime for which a client was incarcerated, as
verified by the department or the prosecuting attorney, the
department shall disclose the following information to the victim:

 
A. Whether the client has been charged with committing any
crime while incarcerated and, if so, the crime with which
the client has been charged; and

 
B. Whether the client has been disciplined while
incarcerated and, if so, the offense for which the
disciplinary action was taken and the type of disciplinary
action taken.

 
3.__Civil violation.__A person who discloses information in
violation of this section commits a civil violation for which a
fine not to exceed $1,000 may be adjudged.

 
4.__Disclosure of confidential information.__The disclosure of
confidential information as provided by this section is also
governed by Title 5, section 9057, subsection 6.

 
5.__Disclosure of information.__Nothing in this section
permits or requires the disclosure of information to the extent
it is designated confidential by another provision of law.

 
6.__Assessment tools.__Documents in the possession of the
department used to screen or assess clients, including, but not
limited to, questionnaires and test materials, are not public
records for purposes of Title 1, chapter 13, subchapter 1.__The
department shall release these documents on request to any other
state agency if necessary to carry out the statutory functions of
that agency and to any committee or study commission established
by the Legislature with authority to examine issues related to
mental health.

 
Sec. 11. 34-A MRSA §3003, as amended by PL 2001, c. 452, §15, is
repealed.

 
Sec. 12. 34-A MRSA §3036, as amended by PL 1999, c. 583, §13, is
repealed.

 
Sec. 13. 34-A MRSA §3036-A, sub-§10, as enacted by PL 2001, c. 141,
§2, is amended to read:

 
10. Terminally ill prisoner. With the consent of the
prisoner, the commissioner may permit a prisoner committed to the
department to be transferred from a correctional facility to
supervised community confinement without meeting the requirements
of subsection 2, paragraphs B and C if the facility's treating
physician has determined that the prisoner is terminally ill and


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