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MaineLD 1710132nd Maine Legislature (2025-2026)House

An Act Regarding the Authority to Transport Prisoners Confined in Jail and the Use of Physical Force with Respect to Prisoners and Persons Who Have Been Arrested

Sponsored By: Suzanne Salisbury (Democratic)

Signed by Governor

PRISONERSPRISONERS - TRANSPORT

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Court transport and escape rules

When a court orders a prisoner to appear, the order goes to the county sheriff. The sheriff, deputies, transport officers, or corrections officers must safely take the prisoner to court, keep custody as the court directs, and return them. If the prisoner escapes during transport or at court, it counts as an escape from the jail or prison they left and is charged under Title 17‑A, section 755.

Stronger protections for jail transport staff

The law adds transport and corrections officers to the officials protected from threats with a gun or other dangerous weapon while on duty. It also makes it a Class D crime to assault or resist these officers when they are in uniform. The criminal code now uses the same meaning of “transport officer” as in Title 25, section 2801‑A(8).

New force rules for custody staff

The law sets clear rules for when jail, prison, and transport staff can use force. They may use reasonable nondeadly force to stop escapes, enforce jail or prison rules, or protect themselves or others while doing that. They may use deadly force only to stop an imminent deadly threat or a dangerous escape, and they must try to warn the person or reasonably believe the person knows they are stopping an escape. Only state‑employed officers at Maine State Prison may use deadly force to stop an escape. A private person asked by an officer to help may use reasonable nondeadly force, and deadly force only for self‑defense or if ordered and they reasonably believe the officer is authorized. A corrections officer or supervisor must complete in‑service use‑of‑force training under Title 25, section 2804‑F(5) for that setting, or the force is not legally justified. The law repeals older subsections and replaces them with these rules.

Sponsors & Cosponsors

Sponsor

  • Suzanne Salisbury

    Democratic • House

Cosponsors

  • Donald Ardell

    Republican • House

  • Grayson Lookner

    Democratic • House

  • Parnell Terry

    Democratic • House

  • Tavis Hasenfus

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 274 • No: 205

House vote • 6/17/2025

TABLE UNTIL LATER

Yes: 69 • No: 79

House vote • 6/17/2025

ENACTMENT

Yes: 110 • No: 38

Senate vote • 6/16/2025

ACCEPT MINORITY OUGHT TO PASS AS AMENDED REPORT

Yes: 19 • No: 16

House vote • 6/16/2025

ACC MIN OTP AS AMENDED REP

Yes: 76 • No: 72

Actions Timeline

  1. Signed by Governor, ACTPUB Chapter 429

    6/27/2025

  2. PASSED TO BE ENACTED, in concurrence.

    6/17/2025Senate

  3. Motion of Representative MOONEN of Portland, to TABLE pending PASSAGE TO BE ENACTED FAILED.ROLL CALL NO. 551(Yeas 69 - Nays 79 - Absent 1 - Excused 2)PASSED TO BE ENACTED.ROLL CALL NO. 552(Yeas 110 - Nays 38 - Absent 1 - Excused 2) Sent for concurrence. ORDERED SENT FORTHWITH.

    6/17/2025House

  4. Reports ReadOn motion by Senator BEEBE-CENTER of Knox the Minority Ought to Pass as Amended Report ACCEPTED. PREVAILED Roll Call Ordered Roll Call Number 589 Yeas 19 - Nays 16 - Excused 0 - Absent 0 READ ONCE Committee Amendment "A" (H-738) READ and ADOPTED Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (H-738) in concurrence

    6/16/2025Senate

  5. Reports READ.On motion of Representative HASENFUS of Readfield, the Minority Ought to Pass as Amended Report was ACCEPTED.ROLL CALL NO. 530(Yeas 76 - Nays 72 - Absent 1 - Excused 2)The Bill was READ ONCE.Committee Amendment "A" (H-738) was READ and ADOPTED.Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-738).Sent for concurrence. ORDERED SENT FORTHWITH.

    6/16/2025House

  6. The Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY in concurrence

    4/17/2025Senate

  7. Committee on Criminal Justice and Public Safety suggested and ordered printed. The Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.Sent for concurrence. ORDERED SENT FORTHWITH.

    4/17/2025House

Bill Text

  • Amendment C-A (H-738), adopted by House & Senate

    PDF

  • Enacted

    PDF

  • Introduced

    PDF

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