APPROVED CHAPTER
JUNE 11, 2021 169
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 303 - L.D. 419
An Act Regarding Voluntary Participation in Work Projects by Inmates
Who Are Pretrial, Presentence and Sentenced
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §1606, as amended by PL 2019, c. 113, Pt. C, §80, is further
amended to read:
§1606. Prisoner voluntary participation in public works projects and in work projects
within the jails
1. Participation Voluntary participation in public works projects authorized. The
sheriff in charge of a county jail, or the sheriff of a county that shares a regional jail with
other counties, may permit certain inmates of that jail, who have been sentenced, to
voluntarily participate in public works-related projects or in the improvement of property
owned by charitable organizations in that county or another county. A project or
improvement must be supervised by the sheriff of the county in which the project or
improvement is being conducted. The sheriff may request payment from charitable
organizations for the transportation of the prisoners and for the transportation and per diem
compensation for any guards corrections officers who accompany the prisoners. For the
purposes of this section, "charitable organization" means any nonprofit organization
organized or incorporated in this State or having a principal place of business in this State
that is exempt from federal income taxation under the United States Internal Revenue Code
of 1986, Section 501(a), because the nonprofit organization is described in the United
States Internal Revenue Code of 1986, Section 501(c)(3).
1-B. Voluntary participation in work projects within the jails. The sheriff in
charge of a county jail, or the sheriff of a county that shares a regional jail with other
counties, may permit certain inmates of that jail who are detained at the jail pretrial or
presentence to voluntarily participate in work projects within the jail and on jail property
when under supervision and as approved by the sheriff.
2. Sentence prorated. Inmates participating in a public works-related project or an
improvement of property owned by a charitable organization under this section subsection
1 may have their sentences to the jail prorated at the rate of up to one day removed from
the sentences for every 16 hours of participation in the project, except that inmates
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committed to the custody of the sheriff for nonpayment of fines under Title 17‑A, section
1711 must have their sentences prorated at the rate that is applicable to the individual
inmate pursuant to Title 17‑A, section 1711, subsection 4, paragraph A, subparagraph (1).
3. Participation not deemed employment. Participation in this type of Voluntary
participation in a work project under subsection 1 or 1-B may not be deemed employment
under section 1605, subsections 3 to 8.
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Statutes affected:
Bill Text LD 419, HP 303: 30-A.1606
Bill Text ACTPUB , Chapter 169: 30-A.1606