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that care outside the correctional facility for the remainder of | the prisoner's illness is medically necessary | | prisoner shall live in a hospital or other appropriate care | | facility, such as a nursing facility or residential care facility, | | approved by the commissioner. As approved by the commissioner, the | | prisoner may receive hospice services from an entity licensed | pursuant to Title 22, chapter 1681, subchapter I | | commissioner may exempt a prisoner transferred to supervised | | community confinement pursuant to this subsection from any | | mandatory condition under subsection 3 that the commissioner | | determines to be inapplicable. |
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| | | Sec. 14. 34-A MRSA §5404, sub-§2, ¶B, as amended by PL 1995, c. 502, | | Pt. F, §37, is further amended to read: |
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| | | B. Arrest and return to a correctional facility persons | | released from the correctional facility under section 3035 | or 3036 | | A; and |
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| | | Sec. 15. 34-A MRSA §5404, sub-§3, ¶B, as amended by PL 1995, c. 502, | | Pt. F, §38, is further amended to read: |
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| | | B. Supervise persons released from a correctional facility | under section 3035 or 3036 | | to supervised community confinement under section 3036-A if | | the commissioner directs; |
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| | | This bill provides that, upon the request of the Department of | | Corrections, an adult in the drug court is required to pay a | | substance testing fee. This is similar to a provision that | | applies to adult probationers under the Maine Revised Statutes, | | Title 17-A, section 1204. |
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| | | The bill also amends the supervised community confinement | | program to allow release to a hospice when medically appropriate. | | Present language is too restrictive, as it requires hospice care | | to be medically necessary. |
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| | | The bill also specifies that the sheriff is to directly | | provide all jail time credits to the department. Currently, | | post-sentencing jail time credits are directly provided by the | | sheriff, but presentence jail time credits are provided by the | | prosecutor, who receives this information from the sheriff and | | relays the information to the correctional facility. This change | | eliminates a step in the process and makes the flow of | | information more efficient and timely. |
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