Maine Revised Statutes Title 34-A Sec. 3042 – Disposition of detainers
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1. Notice to prisoner. The commissioner, chief administrative officer or other official having custody of a prisoner serving a term of imprisonment in a correctional facility in this State shall promptly inform the prisoner in writing of:
A. The source and contents of any untried indictment, information or complaint pending in this State against the prisoner of which the commissioner, warden or other official has knowledge; and [PL 1983, c. 459, §6 (NEW).]
B. The prisoner’s right to request a final disposition of the untried indictment, information or complaint. [PL 1983, c. 459, §6 (NEW).]
[PL 1983, c. 459, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 34-A Sec. 3042
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Correctional facility: means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208?A. See Maine Revised Statutes Title 34-A Sec. 1001
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Right to trial. A prisoner serving a term of imprisonment in a correctional facility in this State is entitled to be brought to trial on any untried indictment, information or complaint pending in this State against him within 180 days after giving proper notice in accordance with subsections 3 and 4.
[PL 1983, c. 459, §6 (NEW).]
3. Proper notice. To constitute proper notice under subsection 2, the prisoner must send to the prosecuting official of the county in which the indictment, information or complaint is pending, and to the appropriate court, the following:
A. Written notice of the place of imprisonment; [PL 1983, c. 459, §6 (NEW).]
B. Written notice of the request for final disposition to be made of the untried indictment, information or complaint; and [PL 1983, c. 459, §6 (NEW).]
C. A certificate of the commissioner, warden or other official having custody of the prisoner stating:
(1) The term of commitment under which the prisoner is held;
(2) The time already served on the sentence;
(3) The time remaining to be served;
(4) The total of deductions received and retained;
(5) The time of parole eligibility of the prisoner; and
(6) Any decisions of the State Parole Board relating to the prisoner. [PL 2019, c. 113, Pt. C, §96 (AMD).]
[PL 2019, c. 113, Pt. C, §96 (AMD).]
4. Manner of giving proper notice. The manner of giving proper notice under subsection 2 is as follows.
A. The prisoner shall give or send the written notice of place of imprisonment and the written notice of request for final disposition to the commissioner, warden or other official having custody of him. [PL 1983, c. 459, §6 (NEW).]
B. The commissioner, warden or other official having custody of the prisoner shall promptly forward the written notices, together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. [PL 1983, c. 459, §6 (NEW).]
[PL 1983, c. 459, §6 (NEW).]
5. Continuance. For good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
[PL 1987, c. 167, §1 (RPR).]
6. Time limitation. If the prisoner is not brought to trial on the untried indictment, information or complaint within 180 days after the prisoner gave or sent proper notice under subsection 2:
A. The untried indictment, information or complaint is no longer of any force or effect; [PL 1987, c. 167, §2 (AMD).]
B. No court has jurisdiction over it; and [PL 1983, c. 459, §6 (NEW).]
C. The appropriate court shall enter an order dismissing it with prejudice. [PL 1983, c. 459, §6 (NEW).]
[PL 1987, c. 167, §2 (AMD).]
7. Effect of escape. If a prisoner escapes from custody after his execution of the request for final disposition, his request is voided.
[PL 1983, c. 459, §6 (NEW).]
8. Exception. This section does not apply to any person adjudged to be mentally ill.
[PL 1983, c. 459, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW). PL 1987, c. 167, §§1,2 (AMD). PL 2019, c. 113, Pt. C, §96 (AMD).