Legislative Document No. 2000 S.P. 702 In Senate, January 8, 2020
An Act To Standardize Language and Improve Correctional Services
Submitted by the Department of Corrections pursuant to Joint Rule 203. Reference to the Committee on Criminal Justice and Public Safety suggested and ordered printed.
DAREK M. GRANT Secretary of the Senate
Presented by Senator DESCHAMBAULT of York.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 15 MRSA §3314, sub-§1, ¶H, as amended by PL 2019, c. 113, Pt. C, 3 §48, is further amended to read: 4 H. The court may order the juvenile to serve a period of confinement that may not 5 exceed 30 days, with or without an underlying suspended disposition of commitment 6 to a Department of Corrections juvenile correctional facility, which confinement must 7 be served concurrently with any other period of confinement previously imposed and 8 not fully discharged or imposed on the same date but may be served intermittently as 9 the court may order and must be ordered served in a facility approved or operated by 10 the Department of Corrections exclusively for juveniles. The court may order such a 11 disposition to be served as a part of and with a period of probation that is subject to 12 such provisions of Title 17-A, section 1807 as the court may order and that must be 13 administered pursuant to Title 34-A, chapter 5, subchapter 4. Revocation of 14 probation is governed by the procedure contained in subsection 2. Any disposition 15 under this paragraph is subject to Title 17-A, section 2305 except that a statement is 16 not required to be furnished and the day-for-day deduction must be determined by the 17 facility, but is not subject to Title 17-A, section 2305, subsection 4; section 2307, 18 subsections 2, 3 and 4; section 2308, subsection 2; section 2309, subsection 2; or 19 section 2310, subsections 3, 6 and 7. For purposes of calculating the commencement 20 of the The period of confinement, credit is accorded only for the portion of the first 21 day for which the juvenile is actually confined; the commences on the date on which 22 the juvenile is received into the facility pursuant to the order and that day is counted 23 as the first full day of the period of confinement. The juvenile may not be released 24 until the juvenile has served the full term of hours or days imposed by the court at 25 any time on the final day of the period of confinement. When a juvenile is committed 26 for a period of confinement, the court shall determine whether reasonable efforts have 27 been made to prevent or eliminate the need for removal of the juvenile from the 28 juvenile's home or that reasonable efforts are not necessary because of the existence 29 of an aggravating factor as defined in Title 22, section 4002, subsection 1-B and 30 whether continuation in the juvenile's home would be contrary to the welfare of the 31 juvenile. This determination does not affect whether the court orders a period of 32 confinement. 33 Sec. 2. 34-A MRSA §3001, sub-§3 is enacted to read: 34 3. Director of women's services. The commissioner may appoint a director of 35 women's services to serve, as applicable, as the chief administrative officer of any 36 correctional facility operated by the department for female prisoners and, notwithstanding 37 any provision of law to the contrary, of any correctional facility housing unit used by the 38 department for female prisoners. The director of women's services has all the powers and 39 duties of other chief administrative officers, whether described in this Title or in any 40 other provision of statute.
41 Sec. 3. 34-A MRSA §3903, as repealed and replaced by PL 2019, c. 343, Pt. 42 LLLL, §2, is amended to read:
Page 1 - 129LR3032(01)-1 1 §3903. Superintendent Warden
2 1. Chief administrative officer. The chief administrative officer of the Downeast 3 Correctional Facility is the superintendent warden of the Mountain View Correctional 4 Facility, referred to in this subchapter as "the superintendent warden," and is responsible 5 to the commissioner.
6 2. Duties. In addition to other duties set out in this Title, the superintendent warden 7 has the following duties. 8 A. The superintendent warden shall exercise proper supervision over the employees, 9 grounds, buildings and equipment at the Downeast Correctional Facility. 10 B. The superintendent warden shall supervise and control the prisoners at the 11 Downeast Correctional Facility in accordance with departmental rules. 12 3-A. Powers. In addition to other powers granted in this Title, the warden has the 13 following powers. 14 A. The warden may, with the written approval of the commissioner, contract with the 15 Director of the Federal Bureau of Prisons acting pursuant to 18 United States Code, 16 Section 4002 for the imprisonment, subsistence, care and proper employment of 17 persons convicted of crimes against the United States and may receive and detain 18 such persons pursuant to the contracts. 19 Sec. 4. 34-A MRSA §3904, sub-§2, as amended by PL 2019, c. 343, Pt. LLLL, 20 §3, is further amended to read:
21 2. Education. The superintendent warden shall maintain suitable courses for 22 academic and career and technical education of the prisoners of the Downeast 23 Correctional Facility. The superintendent warden shall maintain necessary equipment 24 and employ suitable qualified instructors as necessary to carry out the objectives of the 25 facility's programs.
26 Sec. 5. 34-A MRSA §3905, as amended by PL 2019, c. 343, Pt. LLLL, §4, is 27 repealed and the following enacted in its place:
28 §3905. Downeast Correctional Facility employees
29 1. Power of sheriffs; weapons. Employees of the Downeast Correctional Facility: 30 A. Have the same power as sheriffs in their respective counties to search for and 31 apprehend escapees from the facility, when authorized to do so by the warden; and 32 B. May carry weapons and other security equipment when authorized by the warden 33 inside and outside the facility in connection with their assigned duties or training. 34 2. Uniforms and special clothing. Downeast Correctional Facility employee 35 uniforms and special clothing are governed as follows.
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