Title 34-A

Property remaining in a correctional or detention facility as a result of a client's death is governed as follows. [PL 1991, c. 314, §47 (AMD).] 1. Payment. Except as provided in subsection 4, if any client in the custody of the department dies, and no personal representative of …

1. Notice to prisoner. The commissioner, chief administrative officer or other official having custody of a prisoner serving a term of imprisonment in a correctional facility in this State shall promptly inform the prisoner in writing of: A. The source and contents of any untried…

1. Notification of immigration officer. When a person is admitted or committed to a correctional facility, a county jail or any other state, county, city or private institution which is supported wholly or in part by public funds, the chief administrative officer of the facility,…

1. Escapees. The commissioner shall take all proper measures for, and may, with the approval of the Governor, offer a reward for the apprehension and return of any client in any correctional or detention facility who has escaped from the control of the department. A. The reward m…

When any client in custody dies, an examination and inquest must be held, and the commissioner or the chief administrative officer of the facility shall cause a medical examiner to be immediately notified for that purpose pursuant to Title 22, section 3025. For purposes of this s…

1. Family member. 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 or domestic partner or the client's parent, child, sibling, grandparent or grandchil…

When any prisoner sentenced to the department is paroled or discharged, the commissioner: [PL 1991, c. 314, §52 (AMD).] 1. Clothing. Shall ensure that the prisoner is provided with decent clothing; 2. Money. May give the prisoner an amount equal to the net salary of a single wage…

The commissioner shall adopt rules that provide for the accommodation of any prisoner who expresses a desire to practice a religion of the prisoner's choice as long as the practice does not present a threat to the safety, security or orderly management of the facility in which th…

1. Grounds for involuntary medication. A person with mental illness residing in a mental health unit of a correctional facility that provides intensive mental health care and treatment may be given medication for the mental illness without the consent of the person if, upon appli…

By February 1, 2023 and annually thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters on the number of juveniles in the custody of the department as juvenile detainees or juv…

A correctional facility or detention facility housing female clients shall ensure to the greatest extent practicable the presence of a female corrections officer during the transportation of a female client to and from a medical appointment and shall ensure that the client is aff…

The commissioner shall maintain a comprehensive substance use disorder treatment program, referred to in this section as "the program," in all correctional facilities. The program must include, but is not limited to, screening, assessment and treatment of persons residing in corr…

1. Transfer. The commissioner may transfer any client from one correctional or detention facility or program, including prerelease centers, work release centers, halfway houses, supervised community confinement or specialized treatment facilities, to another. A juvenile may not b…

1. Requirements. The commissioner may transfer any prisoner sentenced to the department to a federal penal or correctional institution if the United States Bureau of Prisons accepts the commissioner's application for transfer of the prisoner. 2. Contract. The commissioner may con…

The commissioner may accept custody of prisoners transferred to the department from county jails under Title 30‑A, section 1557‑B.

1. Transfer of prisoner. The commissioner may transfer a prisoner serving a sentence in a correctional facility to a county jail, upon the request of the chief administrative officer and the approval of the sheriff of the jail. 2. Cost of transfer. The department shall pay the co…

1. Involuntary. When a prisoner of a correctional facility has been determined by a competent medical authority to require inpatient treatment for mental illness, the chief administrative officer of that facility shall make application in accordance with Title 34‑B, section 3863.…

1. Eligible inmates. The commissioner may transfer from a jail to a correctional facility an adult inmate who the chief administrative officer of the Riverview Psychiatric Center confirms is eligible for admission to a state mental health institute under Title 34‑B, section 3863,…

1. Acceptance of placement. The commissioner may accept the placement of an adult defendant in a mental health unit of a correctional facility that provides intensive mental health care and treatment for observation whom a court commits to the custody of the Commissioner of Healt…

1. Acceptance of placement. The commissioner may accept the placement of an adult defendant, referred to in this section as "the defendant," in a mental health unit of a correctional facility whom a court, after hearing, finds by clear and convincing evidence is incompetent to st…

1. Dangerous diseases. 2. Contagious diseases. If a client in any correctional or detention facility requires medical care outside the facility, the commissioner may: A. Cause the client to be removed to some suitable place of security where the client will receive all necessary …

If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may, on behalf of the State and subject to the terms of the treaty, authorize th…

Notwithstanding any other provision of law, transportation of a prisoner between a correctional facility and a court in connection with the prosecution of the prisoner for a crime committed within a correctional facility is the responsibility of the department, unless the departm…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 315, §4 (NEW).] 1. Corrections officer. "Corrections officer" means a person who is responsible for the custody or direct supervision of a person confine…

1. Restraints prohibited. A correctional facility or a detention facility may not use restraints on a prisoner or juvenile known to be pregnant, including during transport to a medical facility or birthing center, labor, delivery and postpartum recovery, unless the chief administ…

The department shall adopt rules necessary to implement this article. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

A correctional facility or detention facility shall inform all female prisoners and juveniles of the rules developed pursuant to section 3103 upon admission to the correctional facility or detention facility and shall include the rules in any handbook provided to female prisoners…

The Maine State Prison in Knox County is established for the confinement and rehabilitation of persons lawfully in the custody of the department, as provided by law.

1. Chief administrative officer. The chief administrative officer of the Maine State Prison is called the warden. A. [PL 1999, c. 583, §18 (RP).] B. [PL 1999, c. 583, §18 (RP).] 2. Duties. In addition to other duties set out in this Title, the warden shall supervise and control t…

1. Duties. Prison employees have the following duties. A. Prison officers shall perform the services in the managing, superintending and guarding of the prison as prescribed by the rules or as directed by the warden. [PL 1983, c. 459, §6 (NEW).] B. If a prisoner at the prison res…

1. Employment. When practicable, the warden shall employ persons having suitable knowledge and skill in the fields of labor and manufacture carried on in the prison to supervise activities in those fields assigned to them by the warden. 2. Services. Persons employed under subsect…

1. Appointment. The warden shall appoint suitable persons as chaplains. Notwithstanding Title 5, section 902, subsection 3, any part-time chaplain position at the Maine State Prison may be a job-sharing position. 2. Duties. The prison chaplains shall, in accordance with the rules…

When a person is convicted and sentenced to the department and is to be transported to the prison from any county: [PL 1999, c. 583, §21 (AMD).] 1. Duties of commissioner. The commissioner shall immediately notify the warden and the sheriff of the county in which the sentencing c…

Prisoners in the prison shall work at tasks normal to the maintenance, service, industrial, agricultural and other activities of the prison.

The Maine Correctional Center in South Windham is established for the confinement and rehabilitation of persons, male and female, lawfully in the custody of the department, as provided by law. [PL 1995, c. 502, Pt. F, §24 (RPR).] 1. Men. 2. Women. 3. Adult pretrial detainees. 4. …

1. Chief administrative officer. The chief administrative officer of the Maine Correctional Center is called the warden. 2. Duties. In addition to other duties set out in this Title, the warden shall supervise and control the prisoners, pretrial detainees, employees, grounds, bui…

1. Conditions of confinement. Conditions of confinement of prisoners are governed as follows. A. The 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. [PL 2013, c. 508, §2 (…

If any woman is, at the time of her commitment to the center, pregnant with a child which will be born after her commitment, the custody of the child, at the instance of the commissioner, shall be determined in accordance with Title 22, chapter 1071.

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 warden; and [PL 2013, c. 508, §3 (AMD).] B. May carry weapons and other security equipment when…

The following lands of the former Women's Correctional Center at Skowhegan are granted to the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands as follows: [PL 2015, c. 329, Pt. A, §19 (AMD).] 1. Land grant to Bureau of Parks and Lands. All of the op…

When a person is convicted and sentenced to the department and is to be transported to the center from any county: [PL 1983, c. 581, §§43, 59 (NEW).] 1. Duties of commissioner. The commissioner shall immediately notify the warden and the sheriff of the county in which the sentenc…

The State shall maintain the Long Creek Youth Development Center, referred to in this subchapter as the "facility," located at South Portland. [PL 1999, c. 583, §29 (AMD); PL 2001, c. 439, Pt. G, §6 (AMD).] 1. Coeducational. The facility must be coeducational. 2. Separate housing…

1. Statement. The purposes of the Long Creek Youth Development Center are: A. To detain juveniles pending a court proceeding; [PL 2003, c. 410, §13 (AMD).] B. To administer court-ordered diagnostic evaluations pursuant to Title 15, section 3309‑A, and court-ordered examinations p…

The chief administrative officer of the Long Creek Youth Development Center is called the superintendent.

The superintendent may appoint 2 assistant superintendents, subject to the Civil Service Law. [PL 1985, c. 785, Pt. B, §158 (AMD).] 1. Assistant superintendent. An assistant superintendent designated by the superintendent has the powers, duties, obligations and liabilities of the…

1. Eligibility. 1-A. Eligibility. Beginning October 1, 2021, only a juvenile, as defined in Title 15, section 3003, subsection 14, who is 12 years of age or older at the time of commitment may be committed to the facility pursuant to this subchapter and Title 15, Part 6. 2. Limit…