APPROVED CHAPTER
JUNE 23, 2021 359
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 1245 - L.D. 1674
An Act To Improve Access to Medical Care for and Expand the Rights of
Adult Clients of State Correctional Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §3014 is enacted to read:
§3014. Input into health care services
1. Input from clients. The chief administrative officer of each correctional facility
housing adult clients shall seek input from the clients of that facility on at least a quarterly
basis relating to the adequacy of the medical and mental health services being provided and
suggestions for the development, expansion and improvement of those services.
2. Diversity of clients providing input. The chief administrative officer of each
correctional facility shall solicit input pursuant to subsection 1 from adult clients who are
representative of the diversity of adult clients housed by the facility, including diversity
with respect to race, ethnicity, age and gender, as well as security classification level.
3. Documentation of input. The chief administrative officer of each correctional
facility shall document input under this section from the facility's clients in the facility's
yearly reports.
Sec. 2. 34-A MRSA §3031, sub-§2, ¶A-1 is enacted to read:
A-1. A client who is indigent is exempt from fees charged for requesting or obtaining
records of medical, dental or mental health care provided to the client pursuant to this
subsection.
Sec. 3. 34-A MRSA §3031, sub-§2, ¶B, as amended by PL 2015, c. 291, §5, is
further amended to read:
B. Notwithstanding paragraph paragraphs A and A-1, the State may bring a civil action
in a court of competent jurisdiction to recover the cost of medical, dental, psychiatric
or psychological expenses incurred by the State on behalf of a client incarcerated in a
facility. The following assets are not subject to judgment under this paragraph:
(1) Joint ownership, if any, that the client may have in real property;
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(2) Joint ownership, if any, that the client may have in any assets, earnings or other
sources of income; and
(3) The income, assets, earnings or other property, both real and personal, owned
by the client's spouse or family;
Sec. 4. Policies on property searches, strip searches and body cavity
searches. The Commissioner of Corrections shall adopt policies distinguishing between
searches of a client's physical property and cell or living space and searches of a client's
person, including strip searches and body cavity searches, and establishing processes for
conducting strip searches and body cavity searches. The policies must establish processes
for conducting strip searches and body cavity searches in a trauma-informed and gender-
responsive manner.
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Statutes affected:
Bill Text LD 1674, HP 1245: 34-A.3031
Bill Text ACTPUB , Chapter 359: 34-A.3031