HP1159, LD 1588, item 1, An Act To Amend the Laws Regarding the Maine Correctional Center

An Act To Amend the Laws Regarding the Maine Correctional Center

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §107, sub-§5-A, as amended by PL 2003, c. 143, §3, is further amended to read:

5-A. A corrections officer, corrections supervisor or law enforcement officer is justified in using deadly force against a person confined in the Maine State Prison or the Maine Correctional Center when the officer or supervisor reasonably believes that deadly force is necessary to prevent an escape from custody. The officer or supervisor shall make reasonable efforts to advise the person that if the attempt to escape does not stop immediately, deadly force will be used. This subsection does not authorize any corrections officer, corrections supervisor or law enforcement officer who is not employed by a state agency to use deadly force.

Sec. 2. 34-A MRSA §3402, as amended by PL 1985, c. 785, Pt. B, §156, is further amended to read:

§ 3402. Warden

1. Chief administrative officer. The chief administrative officer of the Maine Correctional Center is called the superintendent warden.

2. Duties. In addition to other duties set out in this Title, the superintendent warden shall supervise and control the prisoners, pretrial detainees, employees, grounds, buildings and equipment at the center.

3. Powers. In addition to other powers granted in this Title, the superintendent warden has the following powers.

A. The superintendent warden may appoint 2 assistant superintendents deputy wardens, subject to the Civil Service Law. An assistant superintendent A deputy warden designated by the superintendent warden has the powers, duties, obligations and liabilities of the superintendent warden when the superintendent warden is absent from the center location or is unable to perform the duties of the office.

B. The superintendent warden may, with the written approval of the commissioner, contract with the Director of the Federal Bureau of Prisons acting pursuant to the United States Code, Title 18, Section 4002, for the imprisonment, subsistence, care and proper employment of persons convicted of crimes against the United States, and may receive and detain such persons pursuant to the contracts.

Sec. 3. 34-A MRSA §3403, as amended by PL 1995, c. 502, Pt. F, §§25 and 26, is further amended to read:

§ 3403. Prisoners generally

1. Conditions of confinement. Conditions of confinement of prisoners are governed as follows.

A. The superintendent warden shall detain and confine all persons committed to the department in accordance with the sentences of the courts and with the rules of the department.

B. The superintendent warden shall provide for the safekeeping or employment of persons committed to the department in order to teach them a useful trade or profession and to improve their mental and moral condition, which may include work involving public restitution.

2. Housing. The superintendent warden shall maintain separate housing facilities for men and women.

Sec. 4. 34-A MRSA §3405, sub-§1, as repealed and replaced by PL 1983, c. 581, §§42 and 59, is amended to read:

1. Powers. Employees of the center:

A. Have the same power as sheriffs in their respective counties to search for and apprehend escapees from the center when authorized to do so by the superintendent warden; and

B. May carry weapons and other security equipment when authorized by the superintendent warden inside and outside the center in connection with their assigned duties or training.

Sec. 5. 34-A MRSA §3407, sub-§1, as enacted by PL 1983, c. 581, §§43 and 59, is amended to read:

1. Duties of commissioner. The commissioner shall immediately notify the superintendent warden and the sheriff of the county in which the sentencing court is located;

Sec. 6. 34-A MRSA §3407, sub-§2, ¶B, as amended by PL 1999, c. 583, §26, is further amended to read:

B. Deliver the person to the officer in charge of the center between the hours of 8 a.m. and 4 p.m. Monday to Friday, except for holidays, unless prior arrangements are made and approved by the superintendent warden, accompanied by a duly signed warrant of commitment and record, as provided by Title 15, section 1707;

Sec. 7. 34-A MRSA §3407, sub-§4, as amended by PL 2009, c. 391, §19, is further amended to read:

4. Duties of the warden. The superintendent warden shall:

A. File the record, as provided by Title 15, section 1707 , in the superintendent's warden's office.

Sec. 8. 34-A MRSA §5802, first ¶, as enacted by PL 1983, c. 459, §6, is amended to read:

The board may grant a parole from a penal or correctional institution after the expiration of the period of confinement, less deductions for good behavior, or after compliance with conditions provided for in sections section 5803 to and former sections 5804 and 5805 applicable to the sentence being served by the prisoner or inmate. It may revoke a parole when a condition of the parole is violated.

Sec. 9. 34-A MRSA §5802, sub-§2, as enacted by PL 1983, c. 459, §6, is amended to read:

2. Custody and control. While on parole, the parolee is under the custody of the warden or superintendent of the institution from which he the parolee was released, but under the immediate supervision of and subject to the rules of the division or any special conditions of parole imposed by the board.

Sec. 10. 34-A MRSA §5804, as enacted by PL 1983, c. 459, §6, is repealed.

Sec. 11. 34-A MRSA §5805, as enacted by PL 1983, c. 459, §6, is repealed.

Sec. 12. 34-A MRSA §5808, as enacted by PL 1983, c. 459, §6, is amended to read:

§ 5808. Discharge from parole

Any parolee who faithfully performs all the conditions of parole and completes his the parolee's sentence is entitled to a certificate of discharge to be issued by the warden or superintendent of the institution to which he the parolee was committed.

Sec. 13. 34-A MRSA §5809, as enacted by PL 1983, c. 459, §6, is amended to read:

§ 5809. Certificate of discharge

Whenever it appears to the board that a person on parole is no longer in need of supervision, it may order the superintendent or warden of the institution from which he the parolee was released to issue him the parolee a certificate of discharge, except that in the case of persons serving a life sentence who may not be discharged from parole in less than 10 years after release on parole.

Sec. 14. 34-A MRSA §5810, as enacted by PL 1983, c. 459, §6, is amended to read:

§ 5810. Records forwarded to State Police

When a person who has been convicted under Title 17, former section 1951, 3151, 3152 or 3153 is paroled, the warden or superintendent of the institution shall forward to the State Police a copy of his the person's record and a statement of facts necessary for full comprehension of the case. Whenever any prisoner , who has been convicted of an offense under Title 17, former section 1951, 3151, 3152 or 3153 is discharged in full execution of his the prisoner's sentence, the Warden of the Maine State Prison shall make and forward to the State Police a copy of the prison record of that prisoner together with a statement of any fact or facts which he that the warden may deem consider necessary for a full comprehension of the case.

SUMMARY

This bill changes the title of the chief administrative officer of the Maine Correctional Center from "superintendent" to "warden." It also provides that a corrections officer, corrections supervisor or law enforcement officer is justified in using deadly force against a person confined in the Maine Correctional Center when the officer or supervisor reasonably believes that deadly force is necessary to prevent an escape from custody. It repeals outdated sections of law.

HP1159 LD 1588	Session - 126th Maine Legislature		LR 2672 Item 1
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