APPROVED CHAPTER
JUNE 18, 2025 360
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 1119 - L.D. 1684
An Act to Implement Additional Criteria and Processes for the Supervised
Community Confinement Program
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §3036-A, sub-§2-A, ¶B, as enacted by PL 2021, c. 376, §3,
is amended to read:
B. The process must reflect best practices for evaluating the likelihood of a prisoner's
completion of supervised community confinement if transferred and must provide
guidance to department staff as to how to apply the established criteria when
conducting the evaluation. The process must require, when information is obtained by
the department from persons in the community for the purpose of determining whether
to approve a prisoner for transfer to supervised community confinement, that those
persons be informed of the prisoner's fulfillment of expectations as to conduct,
fulfillment of expectations as to work, education, and rehabilitation programs assigned
in the case plan and other rehabilitative efforts and accomplishments. The process
must include consideration of any information provided by the Office of Victim
Services, as established in section 1214, and, if requested by the office, allow for an
extension of time necessary for the office to make additional good faith efforts to
contact any victims of the crimes for which the prisoner is incarcerated. The process
must include an evaluation of whether the proposed supervised community
confinement plan is responsive to reasonable safety concerns raised by persons in the
community, including any victims of the crimes for which the prisoner is incarcerated.
The process must also include the right of a prisoner who is eligible for transfer to
supervised community confinement as provided in subsection 2 but who has not been
approved for transfer to appeal that determination to the commissioner.
Sec. 2. 34-A MRSA §3036-A, sub-§2-B is enacted to read:
2-B. Additional process for prisoners incarcerated for crime committed against
family or household member or dating partner. In addition to the process required by
subsection 2-A, in determining whether a prisoner incarcerated for a crime that was
committed against a family or household member, as defined in Title 19-A, section 4102,
Page 1 - 132LR2331(04)
subsection 6, or dating partner, as defined in Title 19-A, section 4102, subsection 4, is
approved for transfer, the process under this subsection must provide for the following:
A. Review and consideration of the results of any validated, evidence-based domestic
violence risk assessment, including one that has been completed by a law enforcement
officer in accordance with Title 19-A, section 4114, subsection 6, paragraph E as part
of the criminal case for which the prisoner is incarcerated; and
B. Notification of the application for transfer to supervised community confinement
to the district attorney of the county in which the conviction was entered as well as a
local domestic violence resource center.
Sec. 3. 34-A MRSA §3036-A, sub-§3, ¶K is enacted to read:
K. When required by the commissioner and to the extent that the commissioner
determines that the prisoner has the financial resources, the prisoner shall continue to
pay any outstanding victim restitution at a level similar to what the prisoner would have
had to pay if the prisoner had remained incarcerated at a department correctional
facility.
Sec. 4. 34-A MRSA §3036-A, sub-§10, as amended by PL 2023, c. 659, §2, is
further amended to read:
10. Terminally ill or incapacitated prisoner. With the consent of the prisoner, the
commissioner may transfer a prisoner committed to the department from a correctional
facility to supervised community confinement without meeting the eligibility requirements
of subsection 2, paragraphs B and C and without meeting the criteria or fulfilling the
process provided for under subsection subsections 2‑A and 2-B if the department's director
of medical care has determined that the prisoner has a terminal or severely incapacitating
medical condition or has a worsening prognosis that is likely to result in a terminal or
severely incapacitating medical condition and that care outside a correctional facility is
medically appropriate. Except as set out in this subsection, the prisoner must live in a
hospital or other appropriate care facility, such as a nursing facility, residential care facility
or a facility that is a licensed hospice program pursuant to Title 22, section 8622, approved
by the commissioner. As approved by the commissioner, the prisoner may receive hospice
services from an entity licensed pursuant to Title 22, chapter 1681, subchapter 1 or other
care services provided by an entity approved by the commissioner and, subject to approval
by the commissioner, may live at home while receiving these services. The commissioner
may exempt a prisoner transferred to supervised community confinement pursuant to this
subsection from any mandatory condition under subsection 3 that the commissioner
determines to be inapplicable. The prisoner shall provide any information pertaining to the
prisoner's medical condition or care that is requested by the commissioner at any time while
the prisoner is on supervised community confinement. If the commissioner determines that
the prisoner has failed to fully comply with a request or if at any time the department's
director of medical care determines that the prisoner does not have a terminal or severely
incapacitating medical condition or a worsening prognosis that is likely to result in a
terminal or severely incapacitating medical condition or that care outside a correctional
facility is not medically appropriate, the commissioner shall revoke the transfer to
supervised community confinement.
Page 2 - 132LR2331(04)


Statutes affected:
Bill Text ACTPUB , Chapter 360: 34-A.3036