An Act To Amend the Laws Governing the Transfer of Prisoners to Other States
Sec. 1. 34-A MRSA §9404, first ¶, as enacted by PL 1983, c. 459, §6, is amended to read:
Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III 3, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within an institution within the territory of the other party state, the receiving state to act in that regard solely as agent for the sending state. An inmate sentenced under the laws of this State may not be committed or transferred to an institution outside of this State, unless that inmate has executed a written consent to the transfer or the transfer is approved by a court in this State. The inmate has the right to a private consultation with an attorney of the inmate's choice, or with a public defender if the inmate cannot afford counsel, concerning the inmate's rights and obligations under this section and must be informed of those rights prior to executing the written consent. At any time more than one year after a transfer, an inmate may revoke that inmate's consent to a transfer to an institution outside of this State and must be transferred to an institution in this State, unless continuation of the transfer is approved by a court in this State. If the inmate revokes that inmate's consent to a transfer, that inmate must be transferred to an institution in this State within 30 days. The inmate has the right to legal representation if a continuation of the transfer is being sought through the court.
Sec. 2. Application. An inmate sentenced under the laws of this State who was transferred outside of this State without the consent of that inmate prior to the effective date of this Act is entitled to transfer to an institution in this State at the request of that inmate. In such a case, the return must occur within 30 days, unless a continuation of the transfer is approved by a court in this State.
summary
This bill modifies the Interstate Corrections Compact with respect to transferring prisoners to and from other states to provide that:
1. Inmates convicted in this State may not be transferred out of the State to another state prison system without their written consent or a court order. An inmate has the right to legal advice before consenting;
2. Inmates may elect to return to this State after one year of being transferred. Inmates requesting return must be returned within 30 days of the request, unless a court rules in favor of keeping the prisoner away from this State. Inmates have the right to legal representation if a continuation of the transfer is being sought through the court; and
3. Inmates who were transferred without their consent prior to the effective date of the bill may elect to return to this State unless a continuation of the transfer is approved by a court in this State.