Maine Revised Statutes Title 34-A Sec. 3035 – Rehabilitative programs
Current as of: 2023 | Check for updates
|
Other versions
The commissioner may adopt, implement and establish rules for rehabilitative programs, including work release, furlough and restitution, as authorized by Title 17?A, chapter 69, within the facilities under the commissioner’s control. [PL 2019, c. 113, Pt. C, §88 (AMD).]
1. Work release and restitution. The chief administrative officer may permit any client under sentence to the department and any juvenile client considered to be worthy of trust to participate in activities outside the facility under the following conditions.
A. Activities may include training and employment. [PL 1983, c. 459, §6 (NEW).]
B. Activities are subject to rules promulgated by the commissioner. [PL 1983, c. 459, §6 (NEW).]
C. Activities must, in the judgment of the chief administrative officer, contribute to the reformation of the client and assist in preparing the client for eventual release. [PL 1991, c. 314, §40 (AMD).]
D. Transportation to work release job sites must be approved by the chief administrative officer.
(1) Clients participating in the work release program may be assessed an equitable share of the cost of the transportation.
(2) Funds received from clients for work release transportation must be placed in the General Fund. [PL 2013, c. 80, §7 (AMD).]
E. Every client participating in the work release program is liable for the cost of board in the facility.
(1) The reasonable cost of board for a client in a facility is fixed by the commissioner. In fixing the reasonable cost of the board to be paid, the commissioner shall take into consideration other state laws or judicial determinations that affect the client’s income.
(2) Funds received from clients for the board must be placed in the General Fund. [PL 1991, c. 314, §40 (AMD).]
[PL 2013, c. 80, §7 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 34-A Sec. 3035
- Chief administrative officer: means the head of a correctional facility or a detention facility. See Maine Revised Statutes Title 34-A Sec. 1001
- Commissioner: means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. See Maine Revised Statutes Title 34-A Sec. 1001
- Department: means the Department of Corrections. See Maine Revised Statutes Title 34-A Sec. 1001
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Juvenile client: means a juvenile committed to a juvenile correctional facility who is either residing at the facility or is on community reintegration status, or ordered confined in a juvenile correctional facility pursuant to Title 12, section 6004, 8004 or 10608; Title 15, section 3314, subsection 1, paragraph H; Title 15, section 3314, subsection 7; or Title 29?A, section 115. See Maine Revised Statutes Title 34-A Sec. 1001
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Prisoner: means an adult person sentenced and committed to, transferred to or detained in the custody of the department, including a person on supervised community confinement. See Maine Revised Statutes Title 34-A Sec. 1001
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. Furlough. Subject to subsection 5, the commissioner may grant to a client under sentence to the department and a juvenile client furlough from the facility in which the client is confined under the following conditions.
A. Furlough may only be granted subject to rules adopted by the commissioner. [PL 1983, c. 459, §6 (NEW).]
B. Furlough may be granted for not more than 10 days at one time for a visit to a dying relative, for attendance at the funeral of a relative, for the contacting of prospective employers or for any other reason consistent with the rehabilitation of a client. [PL 1991, c. 314, §40 (AMD).]
C. Furlough may be granted for the obtaining of medical services for a period longer than 10 days if medically required. [PL 1983, c. 459, §6 (NEW).]
[PL 1991, c. 314, §40 (AMD).]
3. Copy of rules. Copies of rules must be provided to clients as follows.
A. The chief administrative office of a facility adopting a rehabilitative program under this section shall provide to any client permitted outside a facility under this section a copy of the rules of the commissioner applicable to the program in which the client is permitted to participate or to the client’s furlough. [PL 1991, c. 314, §40 (AMD).]
B. The client shall attest to the receipt of the copy of the rules. [PL 1991, c. 314, §40 (AMD).]
[PL 1991, c. 314, §40 (AMD).]
4. Prohibited acts. Prohibited acts under this section are governed as follows.
A. A person who is 17 years of age or older is guilty of interference with a rehabilitative program or furlough if the person willfully obstructs, intimidates or otherwise abets any client participating in a program, or on furlough, under this section, and thereby contributes or causes the client to violate the terms of the client’s program participation or furlough, after having been warned by the chief administrative officer of the facility to end the relationship or association with the client. [PL 1991, c. 314, §40 (AMD).]
B. Interference with a rehabilitative program or furlough is a Class E crime, except that, notwithstanding Title 17?A, section 1604, subsection 1, paragraph E, the court may sentence a person to imprisonment for not more than 11 months. [PL 2019, c. 113, Pt. C, §89 (AMD).]
[PL 2019, c. 113, Pt. C, §89 (AMD).]
5. Time served before furlough. No furlough may be granted until the client has served 50% of the original sentence imposed, after consideration of any deductions that the client has received and retained under Title 17?A, section 2302, subsection 1; section 2305; section 2307; section 2308; section 2309; section 2310; or section 2311. This section does not apply to furloughs granted under subsection 2, paragraph B or C.
[PL 2019, c. 113, Pt. C, §90 (AMD).]
6. Notification of law enforcement agencies. A prisoner may not participate in a furlough under subsection 2 unless, in advance of the chief administrative officer’s consideration of the request for that furlough, the department notifies:
A. The district attorney for the district in which the prisoner will reside; [PL 1997, c. 714, §4 (NEW).]
B. The sheriff for the county in which the prisoner will reside; [PL 1997, c. 714, §4 (NEW).]
C. The chief of police of any municipality in which the prisoner will reside; [PL 1997, c. 714, §4 (NEW).]
D. The Department of Public Safety; and [PL 1997, c. 714, §4 (NEW).]
E. The district attorney for the district where the prisoner’s underlying commitment to the department originated. [PL 1997, c. 714, §4 (NEW).]
If the department grants a prisoner furlough request, the department shall again notify those listed in paragraphs A to E.
A furlough may be granted in an emergency without any prior notification as long as notification is given as soon as practicable.
[PL 1997, c. 714, §4 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§20,59 (AMD). PL 1983, c. 734 (AMD). PL 1987, c. 729, §§1,2 (AMD). PL 1991, c. 314, §40 (AMD). PL 1997, c. 714, §4 (AMD). RR 2009, c. 2, §93 (COR). PL 2013, c. 80, §7 (AMD). PL 2019, c. 113, Pt. C, §§88-90 (AMD).