An Act To Amend the Laws Relating to the Department of Corrections
Sec. 1. 17-A MRSA §2, sub-§3-C is enacted to read:
Sec. 2. 17-A MRSA §2, sub-§17, as amended by PL 1989, c. 113, §2, is further amended to read:
Sec. 3. 17-A MRSA §15, sub-§1, ¶A, as amended by PL 2007, c. 518, §4, is further amended to read:
(1) Murder;
(2) Any Class A, Class B or Class C crime;
(3) Assault while hunting;
(4) Any offense defined in chapter 45;
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19-A, section 4002, subsection 4;
(5-B) Domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct;
(6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(9) A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer;
(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;
(11) Theft involving a detention under Title 17, section 3521;
(12) Harassment, as set forth in section 506-A;
(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, subsection 3; and Title 19-A, section 4012, subsection 5;
(14) A violation of a sex offender registration provision under Title 34-A, chapter 15;
(15) A violation of a requirement of administrative release when requested by the attorney for the State;
(16) A violation of a condition of supervised release for sex offenders when requested by a probation officer; or
(17) A violation of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State; and
(18) A violation of a condition of release as provided in Title 15, section 3203-A, subsection 9;
(19) A violation of a condition of supervised community confinement granted pursuant to Title 34-A, section 3036-A when requested by a probation officer;
(20) A violation of a condition of placement on community reintegration status granted pursuant to Title 34-A, sections 3810 and 4112 when requested by a juvenile community corrections officer; or
(21) A violation of a condition of furlough or other rehabilitative program authorized under Title 34-A, section 3035 when requested by a probation officer or juvenile community corrections officer; and
Sec. 4. 17-A MRSA §1152, sub-§4, as amended by PL 1981, c. 493, §101 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
Sec. 5. 17-A MRSA §1202, sub-§1-B, as repealed and replaced by PL 2003, c. 657, §8, is amended to read:
(1) "Enumerated Class D or Class E crime" means any Class D crime in chapter 9, any Class D or Class E crime in chapter 11, the Class D crimes described in sections 302 and 506-B and the Class D crimes described in sections 554, 555 and 758.
(2) "Family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4.
Sec. 6. 17-A MRSA §1204, sub-§1-A, as amended by PL 2005, c. 389, §2, is further amended to read:
Sec. 7. 17-A MRSA §1256, sub-§1-A, as enacted by PL 1985, c. 821, §14, is amended to read:
Sec. 8. 17-A MRSA §1266, as enacted by PL 1985, c. 821, §15, is repealed.
Sec. 9. 25 MRSA §2801-B, sub-§1, as amended by PL 2005, c. 519, Pt. XXX, §3, is further amended to read:
This exemption does not include training requirements set out in this chapter that are specific to the positions identified in this subsection or, in the case of an investigative officer as described in Title 34-A, section 3011, training requirements set out in this chapter other than those of section 2803-B.
Sec. 10. 26 MRSA §962, sub-§6, ¶H, as enacted by PL 1989, c. 654, §2 and affected by §13, is amended to read:
Sec. 11. 26 MRSA §979-A, sub-§6, ¶K, as amended by PL 1997, c. 773, §3 and affected by §§7 and 8, is further amended to read:
Sec. 12. 28-A MRSA §2, sub-§13-A, as enacted by PL 1993, c. 730, §8, is amended to read:
Sec. 13. 34-A MRSA §1001, sub-§14, as repealed and replaced by PL 1991, c. 314, §7, is amended to read:
Sec. 14. 34-A MRSA §1405, sub-§1, as enacted by PL 2007, c. 653, Pt. A, §29, is amended to read:
Sec. 15. 34-A MRSA §3011, sub-§1, as amended by PL 2007, c. 102, §8, is further amended to read:
Sec. 16. 39-A MRSA §102, sub-§11, ¶E, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
(1) A prisoner in a county jail under final sentence of 72 hours or less and is assigned to work outside of the county jail;
(2) Employed by a private employer;
(3) Participating in a work release program;
(4) Sentenced to imprisonment with intensive supervision under Title 17-A, section 1261; or
(5) Employed in a program established under a certification issued by the United States Department of Justice under 18 United States Code, Section 1761 . ; or
(6) Employed while in a supervised community confinement program pursuant to Title 34-A, section 3036-A.
Sec. 17. 39-A MRSA §203, sub-§1, ¶C, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
Sec. 18. 39-A MRSA §203, sub-§1, ¶D, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
Sec. 19. 39-A MRSA §203, sub-§1, ¶E is enacted to read:
summary
This bill makes changes to the laws relating to the Department of Corrections.
1. It adds adult probation supervisors to definitions of "law enforcement officer" for the purposes of the Maine Criminal Code and the State's liquor laws.
2. It provides that pursuant to the Maine Criminal Code, a police officer may make a warrantless arrest of a juvenile who violates a condition of release, as is presently provided in the Maine Juvenile Code, and adds authority for police officers to arrest without a warrant other persons who violate conditions of supervision by the Department of Corrections.
3. It changes a reference from the Department of Health and Human Services to the Department of Corrections.
4. It clarifies the provision requiring termination of probation for a person who has completed a certified batterers' intervention program.
5. It sets a default monthly probation supervision fee of $10 when a court fails to specify an amount.
6. It exempts investigative officers of the Department of Corrections from certain training standards and requirements.
7. It amends the provision permitting the Commissioner of Corrections to transfer prisoners between facilities.
8. It eliminates the prohibition on the Department of Corrections' investigative officers exercising power against other employees of the department.
9. It includes prisoners on supervised community confinement in the laws governing multiple sentences of imprisonment.
10. It repeals the Maine Revised Statutes, Title 17-A, section 1266, which governs the sentence for a crime committed by a prisoner on intensive supervision, because it is no longer necessary due to changes in the language of Title 17-A, section 1256 since section 1266 was enacted.
11. It allows prisoners who are in the community under the supervised community confinement program to be able to collect workers' compensation benefits.