An Act To Correct Various Statutes Related to the Department of Corrections
Sec. 1. 15 MRSA §3203-A, sub-§7, ¶A, as amended by PL 2013, c. 28, §3, is further amended to read:
(1) Contains an area where juveniles are under direct staff observation at all times, in a separate section for juveniles that complies with mandatory sight and sound separation standards established by the Department of Corrections pursuant to Title 34-A, section 1208;
(2) Provides for no regular contact between the juveniles with the adult detainees or inmates; and
(3) Has an adequate staff to provide direct observation and supervise the juvenile's activities at all times during emergency detention.
Juveniles detained in adult-serving facilities may be placed only in the separate juvenile sections that comply with mandatory separation standards established by the Department of Corrections pursuant to Title 34-A, section 1208, unless the juvenile is held in an adult section of a facility under section 3205, subsection 2 or is bound over as an adult and held in an adult section of a facility pursuant to section 3101, subsection 4, paragraph E-2.
Sec. 2. 15 MRSA §3203-A, sub-§7, ¶B, as amended by PL 1991, c. 493, §11, is further amended to read:
Sec. 3. 17-A MRSA §1326-F, as amended by PL 2011, c. 464, §25, is further amended to read:
§ 1326-F. Former Department of Corrections clients owing restitution
An offender is responsible for paying any restitution outstanding at the time the term of commitment to the Department of Corrections or period of probation is completed. An offender who has complied with the time and method of payment of monetary compensation determined by the Department of Corrections during the period of probation or determined by the court at the time of sentencing shall continue to make payments to the Department of Corrections in accordance with that payment schedule unless modified by the court pursuant to section 1328-A or 1329. An offender who has not complied with the time and method of payment of monetary compensation determined by the Department of Corrections during the period of probation or determined by the court at the time of sentencing must be returned to the court for further disposition pursuant to section 1329. An offender who is unconditionally released and discharged from institutional confinement with the Department of Corrections upon the expiration of the sentence must, upon application of the office of the attorney for the State, be returned to the court for specification by the court of the time and method of payment of monetary compensation, which may be ordered paid to the office of the attorney for the State who prosecuted the case or to the clerk of the court. Prior to the offender's release and discharge, the Department of Corrections shall provide the office of the attorney for the State who prosecuted the case written notice as to the amount of restitution outstanding. An income withholding order issued pursuant to section 1326-B remains effective and enforceable until the restitution is paid in full, even after an offender is no longer in the custody or under the supervision of the Department of Corrections.
Sec. 4. 34-A MRSA §3035, first ¶, as amended by PL 1991, c. 314, §40, is further amended to read:
The commissioner may adopt, implement and establish rules for rehabilitative programs, including work release, restitution and furlough, as authorized by Title 17-A, chapter 54, within the facilities under the commissioner's control.
Sec. 5. 34-A MRSA §3036-A, sub-§2, as amended by PL 2007, c. 240, Pt. ZZZ, §2, is further amended to read:
This bill makes corrections to various statutory provisions related to the Department of Corrections.
Sections 1 and 2 amend the part of the Maine Juvenile Code having to do with authorized places of detention for juveniles that, due to an oversight, was not amended when the Maine Revised Statutes, Title 34-A was amended to allow adults to be housed at the Mountain View Correctional Facility.
Section 3 amends a statutory provision having to do with the collection of restitution from former Department of Corrections clients to recognize that the time and method of payment of restitution are, in some cases, determined by the sentencing court and not the department.
Section 4 removes an inapposite reference from a statutory provision authorizing rules for work release, furlough and other rehabilitative programs.
Section 5 corrects a grammatical error in a statutory provision relating to supervised community confinement.