CHAPTER 386
S.P. 580 - L.D. 1758
An Act to Amend the Laws Pertaining to the Department of Corrections
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §101, sub-§5, as enacted by PL 1981, c. 324, §24, is amended to read:
5. For purposes of this chapter, use by a law enforcement officer or, a corrections officer or a corrections supervisor of chemical mace or any similar substance composed of a mixture of gas and chemicals which has or is designed to have a disabling effect upon human beings is use of nondeadly force.
Sec. 2. 17-A MRSA §757-A is enacted to read:
§757-A. Trafficking of tobacco in adult correctional facilities
1. A person is guilty of trafficking tobacco in an adult correctional facility if:
A. That person intentionally conveys or attempts to convey tobacco or tobacco products to a person confined in an adult correctional facility that has banned the use of tobacco or tobacco products by prisoners; or
B. That person is confined in an adult correctional facility that has banned the use of tobacco or tobacco products by prisoners and the person intentionally obtains or possesses tobacco or tobacco products.
2. As used in this section, "adult correctional facility" means a county jail or correctional facility other than a juvenile facility under the control of the Department of Corrections.
3. Trafficking of tobacco in an adult correctional facility is a Class E crime.
Sec. 3. 17-A MRSA §1202, sub-§1-B, as enacted by PL 1999, c. 492, §1, is amended to read:
1-B. Notwithstanding subsection 1, the period of probation for a person convicted of a Class D or Class E crime involving domestic violence must be 2 years, except that the term of probation must be terminated at the time the probationer completes a certified batterers' intervention program as defined in Title 19-A, section 4014, unless there is another condition of probation that has yet to be met.
Sec. 4. 19-A MRSA §4014, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.
Sec. 5. 22 MRSA §2883, as amended by PL 1995, c. 560, Pt. K, §82 and affected by §83, is further amended by adding at the end a new paragraph to read:
As used in this section, "burial" includes cremation and burial of the cremated remains of the body.
Sec. 6. 25 MRSA §2804-D, as amended by PL 1997, c. 14, §1, is further amended to read:
§2804-D. Basic corrections training
1. Required. As a condition to the continued employment of any person as a full-time corrections officer by a municipality, a county, the State or any other nonfederal employer, that person must successfully complete, within the first 12 months of employment, a basic training course of not less than 80 hours as approved by the board. Thereafter, as a condition of continued employment as a full-time corrections officer, the officer must satisfactorily maintain the basic certification. The board, under extenuating and emergency circumstances in individual cases, may extend the 12-month period for not more than 90 days. The board, in individual cases, may waive basic training requirements when the facts indicate that an equivalent course has been successfully completed in another state or federal jurisdiction within the 2 years immediately preceding employment. This section applies to any person employed as a full-time corrections officer on or after July 6, 1978. Administrators of facilities where there are corrections officers who are not full-time are encouraged to develop an orientation program for those persons. A full-time correctional trade instructor hired after January 1, 2002 must meet the training requirements established under this subsection for full-time corrections officers.
Sec. 7. 32 MRSA §7154, 2nd ¶, as amended by PL 1979, c. 541, Pt. B, §41, is further amended to read:
It shall be is unlawful for any a polygraph examiner conducting a polygraph examination to ask any questions pertaining to sexual behavior of any type or questions that could be construed as being sexually oriented, unless the examination is conducted in the course of either a criminal investigation by law enforcement officials or in the course of civil litigation in which sexual behavior is at issue or is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment. This prohibition does not apply to polygraph examinations for applicants for positions in law enforcement agencies. If the polygraph examination is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment, the results of the examination are not admissible into evidence in a court proceeding.
Sec. 8. 34-A MRSA §1205, sub-§§1 and 2, as enacted by PL 1983, c. 459, §6, are repealed.
Sec. 9. 34-A MRSA §1205, sub-§3, as amended by PL 1991, c. 314, §15, is further amended to read:
3. Additional expenses. All funds appropriated for the purposes of this section and all grants and other funds received by the department for the purposes of this section shall be credited to a special revenue account in the department to be known as the Correc-tional Program Improvement Fund Additional expenses must be paid as follows.
A. Any state funds appropriated to this special revenue account unexpended at the end of the fiscal year for which the funds are appropriated do not lapse, but shall carry forward into subsequent fiscal years to be expended for the purposes of this section.
B. No funds appropriated or received under this section may be used for the construction of new facilities or for the reconstruction, renovation or expansion of any existing facilities, except that the funds may be used for minor renovations necessary to meet state or local licensing requirements.
C. The commissioner shall pay for additional expenses incurred by the counties in providing security and transportation services to clients who commit new offenses while serving their sentences in state correctional facilities. The effective date of this paragraph is July 1, 1989.
Sec. 10. 34-A MRSA §1205-A is enacted to read:
§1205-A. Correctional Medical Services Fund
This section establishes the Correctional Medical Services Fund to provide the means for the development, expansion, improvement and support of correctional medical services.
1. Commissioner's powers. The commissioner may receive and use, for the purpose of this section, money appropriated by the State, grants from the United States and funds from other sources.
2. Correctional Medical Services Fund. All funds appropriated for the purpose of this section and all grants and other funds received by the department for the purpose of this section must be credited to a special account in the department to be known as the Correctional Medical Services Fund. State funds appropriated to this special account that are unexpended at the end of the fiscal year for which the funds are appropriated do not lapse, but must carry forward into subsequent fiscal years to be expended for the purpose of this section.
Sec. 11. 34-A MRSA §1403, sub-§2, ¶C, as amended by PL 1999, c. 731, Pt. G, §2, is further amended to read:
C. The commissioner shall appoint the following officials to serve at the pleasure of the commissioner:
(1) Associate Commissioner for Adult Services;
(1-A) Associate Commissioner for Juvenile Services; and
(2) Assistant to the Commissioner; and
(3) Associate Commissioner for Legislative and Program Services.
Sec. 12. 34-A MRSA §3003, sub-§5 is enacted to read:
5. Assessment tools. Documents in the possession of the department used to screen or assess clients, including, but not limited to, questionnaires and test materials, are not public records for purposes of Title 1, chapter 13, subchapter I. The department shall release these documents on request to any other state agency if necessary to carry out the statutory functions of that agency and to any committee or study commission established by the Legislature with authority to examine issues related to mental health.
Sec. 13. 34-A MRSA §3031-A is enacted to read:
§3031-A. Transportation outside the State for medical care
1. Transportation. A person residing in a correctional or detention facility may be transported by the department for medical care outside the State if the facility's treating physician determines the care is necessary and unavailable within the State.
2. Costs. The person, if able, shall pay the cost of transportation and the per diem compensation of the accompanying officers.
Sec. 14. 34-A MRSA §3046, first ¶, as amended by PL 1991, c. 314, §50, is further amended to read:
At the discretion of and under conditions prescribed by the commissioner, a client confined in a correctional or detention facility may attend the funeral of the client's spouse, natural, foster or adoptive mother, father, son, daughter, grandfather or grandmother, grandchild, brother or sister, or the client's stepmother, stepfather, stepson, stepdaughter, stepgrandfather or stepgrandmother, stepgrandchild or stepbrother or stepsister and may be permitted deathbed visits to any of those persons, if the funeral or visit is held within the State.
Sec. 15. Department of Corrections; rename program. The following General Fund program is renamed as follows: the "Correctional Program Improvement Fund" is renamed the "Correctional Medical Services Fund."
Effective September 21, 2001, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
