| | | Sec. 10. 34-A MRSA §3032, sub-§6, as amended by PL 1991, c. 314, §39, | | is further amended to read: |
|
| | | 6. Impartial hearing. If the punishment may affect the term | | of commitment, sentence or parole eligibility or may involve | | restitution, fines, labor at any lawful work or segregation, the | | chief administrative officer of the facility shall, before | | imposing punishment, provide an impartial hearing at which the | | client has the following rights. |
|
| | | A. The client is entitled to be informed in writing of the | | specific nature of the alleged misconduct. |
|
| | | B. The client is entitled to the right to be present at the | | hearing, except that the client may be prevented from | | attending or be removed if the client's behavior indicates | | that the client is in danger of self-injury or a danger to | | other persons or property. |
|
| | | C. The client is entitled to present evidence on the | | client's behalf. |
|
| | | D. The client is entitled to call one or more witnesses, | | which right may not be unreasonably withheld or restricted. |
|
| | | E. The client is entitled to question any witness who | | testifies at the hearing, which right may not be | | unreasonably withheld or restricted. |
|
| | | F. The client is entitled to be represented by counsel | | substitute as prescribed in the rules. |
|
| | | G. A record must be maintained of all disciplinary | | complaints, hearings, proceedings and dispositions. |
|
| | | H. The client is entitled to appeal the final disposition, | | before imposition of punishment, to the chief administrative | | officer of the facility. |
|
| | | I. If, at any stage of the proceedings, the client is | | cleared of the charges in a complaint, or the complaint is | | withdrawn, all documentation relating to the complaint must | | be expunged. |
|
| | | Sec. 11. 34-A MRSA §3036-A, sub-§2, śC, as amended by PL 2003, c. 711, | | Pt. A, §21 and affected by Pt. D, §2, is further amended to read: |
|
| | C. Except as provided in paragraph C-1, a A prisoner may |
|
|