JULY 7, 2023 399
S.P. 278 - L.D. 720
An Act to Expand Eligibility for Supervised Community Confinement for
Prisoners with a Prognosis Likely to Result in an Incapacitating Medical
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §3036-A, sub-§10, as amended by PL 2021, c. 376, §5, 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 2‑A 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 that care outside a correctional facility is not medically
appropriate, the commissioner shall revoke the transfer to supervised community
Page 1 - 131LR0513(05)
Sec. 2. 34-A MRSA §3036-A, sub-§13, as enacted by PL 2021, c. 376, §7, is
amended 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. The department shall publish on its publicly accessible website the data
tracked pursuant to this subsection in a manner that does not violate the confidentiality
requirements of section 1216 or any other provision of state or federal law.
Page 2 - 131LR0513(05)

Statutes affected:
Bill Text ACTPUB , Chapter 399: 34-A.3036