Sec. 1. 34-A MRSA §3034-A is enacted to read:

§3034-A.__Mandatory educational program

The commissioner shall develop and implement a mandatory educational program for each correctional facility in the department.__The commissioner shall maintain necessary resources and employ suitable instructors as necessary to carry out the objectives of the mandatory programs.__The programs must meet the special needs and circumstances of the prisoners in the correctional facilities.

1.__Mandatory educational program; standard.__The mandatory educational program standard is the attainment of a General Education Diploma or a verified high school diploma.

2.__Application.__The mandatory educational program applies only to a prisoner who:

A.__Has 18 months or more remaining to be served before a release date;

B.__Is not exempted due to a medical, developmental or learning disability; and

C.__Does not possess a General Education Diploma or a verified high school diploma.

A prisoner who is not exempted shall participate in the mandatory educational program for at least 240 instructional hours.

3.__Report.__Beginning January 15, 2000, the commissioner shall report annually to the joint standing committee of the Legislature having jurisdiction over criminal justice matters.__ The report must include an overview of the department's current educational programs, the participation rate of prisoners and resource needs.

4.__Rules.__The commissioner shall adopt rules for the implementation and review of mandatory educational programs for prisoners and for addressing prisoners' failure to participate in the mandatory educational programs.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. 2. 34-A MRSA §3064, sub-§3, as amended by PL 1989, c. 700, Pt. A, §161, is repealed.