D.__A monetary sanction is not authorized if its imposition would create an excessive financial hardship, as determined by the department, on the dependents of the prisoner.__Any payments made for the support of the dependents that are required by the Department of Health and Human Services may not be used for monetary sanction payments.

Sec. 9. 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, monetary sanctions, 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.