LD 348
pg. 2
Page 1 of 2 PUBLIC Law Chapter 68 LD 348 Title Page
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LR 364
Item 1

 
Sec. 2. 34-A MRSA §3036-A, sub-§10, as amended by PL 2003, c. 205,
§13, is further 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
that care outside the correctional facility for the remainder of
the prisoner's illness is medically appropriate. The Except as
set out in this subsection, the prisoner shall live in a hospital
or other appropriate care facility, such as a nursing facility
or, residential care facility or a facility that is a licensed
hospice program pursuant to Title 22, section 8622, 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 1 and, subject to approval by
the commissioner, may live at home while receiving these hospice
services. The 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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