Bill Summary – FastDemocracy

LAW WITHOUT
                                                                GOVERNOR'S               CHAPTER
                                                                SIGNATURE
                                                                                              376
                                                                JUNE 27, 2021           PUBLIC LAW
                                     STATE OF MAINE
                                            _____
                          IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-ONE
                                            _____
                                 H.P. 1182 - L.D. 1593
 An Act To Provide Pathways to Rehabilitation, Reentry and Reintegration
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 34-A MRSA §3036-A, sub-§1, as enacted by PL 1991, c. 845, §4, is
amended to read:
     1. Establishment. The commissioner may shall adopt rules establishing and
governing a supervised community confinement program for certain prisoners committed
to the department.
    Sec. 2. 34-A MRSA §3036-A, sub-§2, as amended by PL 2019, c. 113, Pt. C, §§91
to 93, is further amended to read:
   2. Participation and eligibility. The commissioner may transfer any prisoner
committed to the department to be transferred from a correctional facility to supervised
community confinement subject to the following restrictions.
    A. A transfer to supervised community confinement may only be granted only subject
    to rules adopted by the commissioner.
    B. A prisoner may not be transferred to supervised community confinement until the
    prisoner has served at least 2/3 of the term of imprisonment imposed or, in the case of
    a split sentence, at least 2/3 of the unsuspended portion, after consideration of any
    deductions that the prisoner has received and retained under Title 17‑A, section 2302,
    subsection 1; section 2305; section 2307; section 2308; section 2309; section 2310; or
    section 2311 if the term of imprisonment or, in the case of a split sentence, the
    unsuspended portion is more than 5 years. A prisoner may not be transferred to
    supervised community confinement until the prisoner has served at least 1/2 of the term
    of imprisonment imposed or, in the case of a split sentence, at least 1/2 of the
    unsuspended portion after consideration of any deductions that the prisoner has
    received and retained under Title 17‑A, section 2302, subsection 1; section 2305;
    section 2307; section 2308; section 2309; section 2310; or section 2311 if the term of
    imprisonment or, in the case of a split sentence, the unsuspended portion is 5 years or
    less.
                                     Page 1 - 130LR0051(03)
    C. Except as provided in paragraph C‑1, a prisoner may not be transferred to
    supervised community confinement unless the prisoner has no more than 18 months 2
    years remaining on the term of imprisonment or, in the case of a split sentence, on the
    unsuspended portion, after consideration of any deductions that the prisoner has
    received and retained under Title 17‑A, section 2302, subsection 1; section 2305;
    section 2307; section 2308; section 2309; section 2310; or section 2311.
    C-1. If the commissioner determines that the average statewide probation case load is
    no more than 90 probationers to one probation officer, then a prisoner may be
    transferred to supervised community confinement if that prisoner has no more than 2
    years 30 months remaining on the term of imprisonment or, in the case of a split
    sentence, on the unsuspended portion, after consideration of any deductions that the
    prisoner has received and retained under Title 17‑A, section 2302, subsection 1; section
    2305; section 2307; section 2308; section 2309; section 2310; or section 2311.
    D. A prisoner may not be transferred to supervised community confinement if the
    prisoner has a security custody classification level higher than minimum.
    Sec. 3. 34-A MRSA §3036-A, sub-§2-A is enacted to read:
    2-A. Criteria and process. The commissioner shall establish criteria and a process
for determining whether a prisoner eligible for transfer to supervised community
confinement as provided in subsection 2 is approved for transfer. The primary determining
factor for approval must be the prisoner’s likelihood of completion of supervised
community confinement if transferred.
    A. The criteria must be evidence-based and designed to evaluate the likelihood of a
    prisoner’s completion of supervised community confinement if transferred. The
    criteria must be specific and include, but may not be limited to, fulfillment of
    expectations as to conduct, fulfillment of expectations as to work, education and
    rehabilitation programs assigned in the case plan, other rehabilitative efforts and
    accomplishments, arrangements for suitable housing in the community, taking into
    consideration the proximity of this housing to the victim, and the existence of support
    systems and resources in the community.
    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 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. 4. 34-A MRSA §3036-A, sub-§7, ¶C, as enacted by PL 1991, c. 845, §4, is
amended to read:
    C. Criminal, court and police law enforcement agency investigations; and
                                   Page 2 - 130LR0051(03)
    Sec. 5. 34-A MRSA §3036-A, sub-§10, as amended by PL 2009, c. 391, §16, is
further amended to read:
     10. Terminally ill or incapacitated prisoner. With the consent of the prisoner, the
commissioner may permit transfer a prisoner committed to the department to be transferred
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 2-A if the department's
director of medical care has determined that the prisoner has 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 shall 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 that care outside a correctional facility is not medically
appropriate, the commissioner shall revoke the transfer to supervised community
confinement.
    Sec. 6. 34-A MRSA §3036-A, sub-§12 is enacted to read:
    12. Information for prisoners. The department shall make available to all prisoners
written information about supervised community confinement, including eligibility
requirements, the application process and the criteria and process for determining whether
a prisoner eligible for transfer to supervised community confinement may be approved for
transfer.
    Sec. 7. 34-A MRSA §3036-A, sub-§13 is enacted to read:
    13. Data tracking. The department shall track data for all prisoners who apply for
supervised community confinement and approval, denial and, if approved, completion of
the program. Such data must include, but is not limited to, demographic data regarding
race and ethnicity, gender, age and convictions leading to the prisoner’s current
incarceration.
                                    Page 3 - 130LR0051(03)
Statutes affected: 
Bill Text ACTPUB , Chapter 376: 34-A.3036