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Maine Statutes, Title 34-A

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Maine/Statutes

← All Maine coverage

Title 34-A

11 chapters · 274 sections in this title.

All chapters in Title 34-A274 Ch 3, CORRECTIONAL FACILITIES96 Ch 9, INTERSTATE COMPACTS77 Ch 1, GENERAL PROVISIONS29 Ch 5, PROBATION AND PAROLE27 Ch 15, SEX OFFENDER REGISTRATION AND NOTIFI…18 Ch 17, SEX OFFENDER REGISTRATION AND NOTIFI…17 Ch 7, JUVENILE DELINQUENCY PREVENTION AND …5 Ch 19, SEX OFFENDER MANAGEMENT AND RISK ASS…5

274 sections·Filtered byTitle 34-A✕

34-A M.R.S. § 3806 Federal juvenile offenders
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The commissioner may contract with the Attorney General of the United States for the confinement and support in the Long Creek Youth Development Center of juvenile offenders against the laws of the United States in accordance with the United States Code, Title 18, Sections 706 an…
34-A M.R.S. § 3807 Human services' custody
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1. Suspension. When the custody of a child at the time of commitment is in the Department of Health and Human Services, that custody shall be temporarily suspended while the child is in the Long Creek Youth Development Center. 2. Reversion. Upon discharge or placement on communit…
34-A M.R.S. § 3809 Observation
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1. Generally. When the behavior of a juvenile residing at the Long Creek Youth Development Center presents a high likelihood of imminent harm to that juvenile or to others, presents a substantial and imminent threat of destruction of property or demonstrates a proclivity to be ab…
34-A M.R.S. § 3809-A Commissioner's guardianship powers
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1. Juvenile client. The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child with regard to person, allowable property that the juvenile client has at the Long Creek Youth Development Center, earnings that the ju…

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34-A M.R.S. § 3810 Community reintegration status

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1. Commissioner's powers. During a juvenile client's commitment to the facility, the commissioner may, at the commissioner's discretion: A. Keep the juvenile client at the facility; or [PL 1999, c. 583, §33 (AMD).] B. Place the juvenile client on community reintegration status fo…

34-A M.R.S. § 3811 Return to facility

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When a juvenile client who has been placed on community reintegration status, who has been granted a furlough or work or education release or who has been absent from the facility without leave is taken into custody for the purpose of return to the facility by an officer or emplo…

34-A M.R.S. § 3812 Discharge

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1. Duty. The superintendent shall cause a juvenile client to be discharged from the facility: A. When the client becomes 21 years of age or otherwise reaches the end of the period of the Juvenile Court's commitment. [PL 1995, c. 502, Pt. F, §29 (AMD).] B. [PL 1995, c. 502, Pt. F,…

34-A M.R.S. § 3813 Power of facility employees

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The Long Creek Youth Development Center employees have the same power as sheriffs in their respective counties to search for and apprehend escapees from the facility, when authorized to do so by the superintendent.

34-A M.R.S. § 3814 Transportation

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All court-ordered and court-related transportation of juvenile detainees to and from the Long Creek Youth Development Center is the responsibility of the sheriff of the county in which the court is located.

34-A M.R.S. § 3815 Arthur R. Gould School

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1. Purpose. The Arthur R. Gould School, located at the Long Creek Youth Development Center, is devoted to the education and instruction of persons residing at the facility. 2. Responsibility for maintaining school. The State, through the Department of Corrections, has the respons…

34-A M.R.S. § 3901 Establishment

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There is established the Downeast Correctional Facility located in Washington County for the confinement and rehabilitation of persons who have been duly sentenced and committed to the Department of Corrections.

34-A M.R.S. § 3902 Purposes

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The purposes of the Downeast Correctional Facility include vocational and rehabilitative programs, including work release, and work, which may involve public restitution.

34-A M.R.S. § 3903 Warden

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1. Chief administrative officer. The chief administrative officer of the Downeast Correctional Facility is the warden of the Mountain View Correctional Facility, referred to in this subchapter as "the warden," and is responsible to the commissioner. 2. Duties. In addition to othe…

34-A M.R.S. § 3904 Prisoners generally

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1. Confinement. All prisoners at the Downeast Correctional Facility shall be detained and confined in accordance with the sentences of the court and the rules of the department. 2. Education. The warden shall maintain suitable courses for academic and career and technical educati…

34-A M.R.S. § 3905 Downeast Correctional Facility employees

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Employees of the Downeast Correctional Facility have the same power as sheriffs in their respective counties to search for and apprehend escapees from the facility, when authorized to do so by the warden.

34-A M.R.S. § 4101 Establishment

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There is established the Mountain View Correctional Facility located in Penobscot County.

34-A M.R.S. § 4102-B Purposes for prisoners

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The purposes of the Mountain View Correctional Facility with respect to prisoners include vocational and academic education and rehabilitative programs, including work release and work involving public restitution.

34-A M.R.S. § 4103 Warden

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1. Chief administrative officer. The chief administrative officer of the Mountain View Correctional Facility is called the warden and is responsible to the commissioner. 2. Duties. In addition to other duties set out in this Title, the warden has the following duties. A. The ward…

34-A M.R.S. § 4106 Powers of employees

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Employees of the Mountain View Correctional Facility have the same power as sheriffs in their respective counties to search for and apprehend escapees from the facility, when authorized to do so by the warden.

34-A M.R.S. § 4118 Prisoners generally

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1. Evaluation. Before assignment to the Mountain View Correctional Facility, prisoners must be evaluated for security status, program needs and emotional stability by the classification process approved by the commissioner. 2. Transferred prisoners. All prisoners transferred to t…

34-A M.R.S. § 4201 Establishment

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There is established the Bolduc Correctional Facility, referred to in this subchapter as "the facility," located in Warren in Knox County for the confinement and rehabilitation of persons who have been duly convicted and sentenced to the Department of Corrections.

34-A M.R.S. § 4202 Purposes

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The purposes of the facility include, but are not limited to, vocational and academic education and rehabilitative programs, including work release and work involving public restitution.

34-A M.R.S. § 4203 Warden

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1. Chief administrative officer. The chief administrative officer of the facility is the warden of the Maine State Prison, referred to in this subchapter as "the warden." The warden is responsible to the commissioner. 2. Duties. In addition to other duties set out in this Title, …

34-A M.R.S. § 4204 Prisoners generally

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1. Confinement of prisoners transferred to facility. All prisoners transferred to the facility must be detained and confined in accordance with the sentences of the court and the rules of the department. 2. Education. The warden shall maintain suitable courses for academic and ca…

34-A M.R.S. § 4205 Employees of the facility

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Employees of the facility have the same power as do deputy sheriffs in their respective counties to search for and apprehend escapees from the facility when authorized to do so by the warden.

34-A M.R.S. § 5001 Definitions

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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 459, §6 (NEW).] 1. Board. "Board" means the State Parole Board. 2. Director. 3. Division. 4. Fine. "Fine" includes court costs whenever applicable. 5. Ju…

34-A M.R.S. § 5002 Pardons by the Governor

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This chapter does not deprive the Governor of the power to grant a pardon or commutation to any person sentenced to a correctional facility.

34-A M.R.S. § 5003 Prohibited acts

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1. Interference with probation. A person 18 years of age or older is guilty of interference with probation if that person willfully obstructs, intimidates or otherwise abets a probationer under the supervision and control of the department and thereby causes or contributes to cau…

34-A M.R.S. § 5201 Establishment

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There is established, by Title 5, section 12004-G, subsection 7, within the Department of Corrections, a State Parole Board consisting of 5 members.

34-A M.R.S. § 5202 Appointment

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The Governor shall appoint as the 5 members of the board persons who: [PL 1983, c. 459, §6 (NEW).] 1. Citizens and residents. Are citizens and residents of the State; and 2. Training or experience. Have special training or experience in law, sociology, psychology or related branc…

34-A M.R.S. § 5203 Terms

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The terms of the members of the board are: [PL 1983, c. 459, §6 (NEW).] 1. Four years. Four years plus the time period until their successors have been appointed and qualified; or 2. Pleasure of Governor. During the pleasure of the Governor.

34-A M.R.S. § 5204 Vacancy

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A vacancy on the board shall be filled for the unexpired term in the same manner in which an appointment is made.

34-A M.R.S. § 5205 Expenses

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The members of the board shall be compensated according to the provisions of Title 5, chapter 379.

34-A M.R.S. § 5206 Meetings

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1. Chairman. The members of the board shall elect a chairman who shall preside at all meetings of the board when he is present. 2. Frequency. The board shall meet at least once every 2 months and may meet as often as necessary, at such times and places as the chairman may designa…

34-A M.R.S. § 5207 Cooperation

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The Department of Health and Human Services, Department of Corrections and officers and staffs of correctional facilities and law enforcement agencies in the State shall cooperate with the board in exercising its powers and duties.

34-A M.R.S. § 5208 Annual report

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1. Preparation of report. After June 30th of each year, the commissioner shall prepare a detailed report of the work of the board and of probation and parole activities for the preceding fiscal year. 2. Commissioner's duty. The commissioner shall send the annual report to the Gov…

34-A M.R.S. § 5209 Administrative assistant

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1. Appointment. The board shall appoint a full-time administrative assistant to serve at the pleasure of the board. 2. Compensation. The administrative assistant is entitled to compensation in an amount to be determined by the Governor. 3. Duties. The administrative assistant sha…

34-A M.R.S. § 5210 Duties

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The board shall: [PL 1983, c. 459, §6 (NEW).] 1. Time of parole. Determine the time of parole for each committed offender; 2. Parole revocation. Revoke parole when warranted due to a parole violation; 3. Discharge from parole. Determine the time of discharge of parolees from paro…

34-A M.R.S. § 5211 Powers

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1. Rules. The board may promulgate rules, in accordance with the Administrative Procedure Act, Title 5, chapter 375, pertaining to its functions set out in this chapter. 2. Restitution. The board may authorize and impose as a condition of parole that the person make restitution t…

34-A M.R.S. § 5401 Administration of probation and parole services

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The Department of Corrections is charged with the administration of probation and parole services within the State. [PL 2013, c. 133, §26 (AMD).] 1. Director. 2. Employees.

34-A M.R.S. § 5402 Duties and powers of the commissioner with respect to probation and parole services

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1. Appointment. 2. Duties. The commissioner shall: A. Adopt and enforce rules for field probation and parole officers, juvenile community corrections officers and parole officers in correctional facilities; [PL 2013, c. 133, §27 (AMD).] B. Appoint, subject to the Civil Service La…

34-A M.R.S. § 5404 Probation and parole officers

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In addition to duties prescribed by the commissioner and by the court having jurisdiction, a probation and parole officer shall: [PL 2013, c. 133, §31 (AMD).] 1. Investigation. Investigate any criminal case or matter concerning probation, supervised release for sex offenders or p…

34-A M.R.S. § 5601 Interagency agreements

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The department may enter into agreements with state agencies, other public agencies and private nonprofit agencies to provide supervision or other services to juveniles placed on probation by the Juvenile Court. [PL 1983, c. 459, §6 (NEW).] 1. Terms. The terms of the agreements, …

34-A M.R.S. § 5602 Juvenile community corrections officer

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1. Departmental employees. A juvenile community corrections officer is an employee of the Department of Corrections. 2. Juvenile community corrections officer's functions. A juvenile community corrections officer's functions are: A. To serve as a juvenile probation officer; [PL 1…

34-A M.R.S. § 5801 Applicability

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This subchapter applies only to those persons in the custody of the Department of Corrections pursuant to a sentence imposed under the law in effect prior to May 1, 1976.

34-A M.R.S. § 5802 Parole by board

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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 section 5803 applicable to the sentence being served by the prisoner or …

34-A M.R.S. § 5803 Eligibility for hearing; State Prison

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A prisoner at the Maine State Prison or Maine Correctional Center becomes eligible for a hearing by the board as follows: [PL 1983, c. 459, §6 (NEW).] 1. Expiration of minimum term in minimum-maximum sentence. Prior to the expiration of the prisoner's minimum term of imprisonment…

34-A M.R.S. § 5806 Violations of parole

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A probation-parole officer may arrest and charge a parolee with violation of parole and take the parolee into the probation-parole officer's custody in any place the parolee may be found and detain the parolee in any jail, pending the issuance of a parole violation warrant. The d…

34-A M.R.S. § 5807 Sentence for crime committed by parolee

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Any parolee who commits an offense while on parole where the offense is punishable by imprisonment for one year or more and who is sentenced to the Department of Corrections shall serve the 2nd sentence beginning on the date of termination of the first sentence, unless the first …

34-A M.R.S. § 5808 Discharge from parole

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