APPROVED CHAPTER
JUNE 22, 2023 250
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 461 - L.D. 692
An Act Regarding Eligibility of County Jail Inmates for a Community
Confinement Monitoring Program
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §1659-A, sub-§1, as enacted by PL 2009, c. 391, §6, is
amended to read:
1. Petition. A sheriff, upon written request from an inmate eligible under subsection
2 for participation in a community confinement monitoring program and recommended by
the jail administrator, may assign the inmate to participate in a community confinement
monitoring program. At the time of granting this privilege, the sheriff shall determine
whether the inmate is responsible for the cost of participating in the program based on the
inmate's ability to pay.
Sec. 2. 30-A MRSA §1659-A, sub-§2, ¶C-1 is enacted to read:
C-1. The inmate is not serving a sentence for a crime against a family or household
member as defined in Title 19-A, section 4102, subsection 6, unless the jail
administrator has determined that the inmate is not reasonably likely to pose a risk to
the safety of others in the community after the jail administrator has:
(1) Reviewed the available criminal history record of the inmate to, at a minimum,
identify any patterns of behavior that may indicate the inmate poses a risk to the
safety of others in the community;
(2) Reviewed and considered any other available evidence that the inmate poses a
risk to the safety of others in the community, including the results of any validated,
evidence-based domestic violence risk assessment that has been completed by law
enforcement in accordance with Title 19-A, section 4114, subsection 6, paragraph
E as part of the criminal case for which the inmate is incarcerated;
(3) Made a good faith and documented effort to contact the victim of the crime for
which the inmate is incarcerated to inform the victim of the inmate's application to
participate in a community confinement monitoring program and inquire about any
concerns the victim has for the victim's safety or the safety of any member of the
Page 1 - 131LR0268(03)
 victim's household in connection to the inmate's application to participate in a
community confinement monitoring program;
(4) Considered any concerns provided pursuant to subparagraph (3) by the victim
of the crime for which the inmate is incarcerated;
(5) Provided notice to the district attorney of the county in which the conviction
was entered and a local domestic violence resource center; and
(6) Certified that each of the requirements in this subsection has been met. The
certification must be on a form recommended by the inspections division of the
Department of Corrections and must:
(a) Include details regarding any concerns provided pursuant to subparagraph
(3) by the victim of the crime for which the inmate is incarcerated, unless the
victim has requested otherwise;
(b) Be signed by the jail administrator; and
(c) Be provided to the sheriff for review prior to the sheriff's approving
assignment of the inmate to a community confinement monitoring program.
If a sheriff assigns an inmate serving a sentence for a crime against a family or
household member as defined in Title 19-A, section 4102, subsection 6 to a community
confinement monitoring program, a representative from the county jail to which the
inmate has been sentenced shall make a good faith attempt to notify the victim of that
crime of the assignment at least 10 days prior to the inmate's release from the county
jail. Notification of the victim under this paragraph must be made both by mail and by
phone or in person;
Page 2 - 131LR0268(03)


Statutes affected:
Bill Text LD 692, HP 461: 30-A.1659
Bill Text ACTPUB , Chapter 250: 30-A.1659