03-201-1 Me. Code R. § IVa

Current through 2024-51, December 18, 2024

Section 201-1-IVa - COMMUNITY CORRECTIONS: HOME RELEASE AND ELECTRONIC MONITORING

HREM.1

At a minimum, electronic monitoring programs shall be managed/coordinated by a supervisory level staff person.

Evidence of Compliance: Written policy and procedure. Written appointment. Job description. Agency organizational chart.

HREM.2

County staff or service providers responsible for electronic monitoring programs shall receive training in the following areas:

a.) Theory, use, and limitations of electronic monitoring equipment;

b.) Installation, attachment, and testing of electronic monitoring equipment. In cases where a staff person is responsible for such, there must be written documents in the staff person's training or personnel file verifying that the person has been qualified to do so;

c.) Equipment use and operational practices for monitoring and supervising inmates participating in an electronic monitoring program; and d.) Statutory requirements for home release electronic monitoring programs pursuant to Maine Title 30-A §1659-A.

Evidence of Compliance: Written policy and procedure. Training curriculum. Training Records. Interviews.

HREM.3

Contracted service providers operating home release electronic monitoring programs shall maintain liability insurance.

Evidence of Compliance: Contracts/Agreements. Copy of insurance policy.

HREM.4

Electronic monitoring equipment and software shall be covered by a system maintenance plan.

Electronic monitoring systems shall include backup equipment and software for use in the case of system failure. Procedures for system recovery shall be maintained.

Evidence of Compliance: Written policy and procedure. Equipment/software specs. Maintenance plan(s).

HREM.5

Electronic monitoring equipment shall be monitored by on duty or on call staff 24 hours a day.

Evidence of Compliance: Written policy and procedure. Staffing plans. Monitoring logs. Incident reports. Interviews.

HREM.6

Electronic monitoring systems shall include both periodic tracking appropriate to the offender risk level and passive monitoring (programmed contact such as voice verification).

Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records.

Monitoring logs. Incident reports. Interviews.

HREM.7

Periodic field contacts between staff and inmates participating in home release monitoring programs shall be made. The frequency of contact will depend on the level of supervision needed.

Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records. Monitoring logs. Incident reports.

HREM.8

Written or electronic documentation, including the time, date, results, and any necessary action taken, shall be kept on file for all inmates monitored electronically as well as on field contacts made by staff.

Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records. Monitoring logs. Incident reports.

HREM.10

Only those inmates who have been found eligible pursuant to Maine Title 30-A §1659-A, have been recommended by the Administrator and received approval of the Sheriff may be granted the privilege of participating in a home release monitoring program.

In the case of an inmate who is sentenced for a domestic violence crime, before the Administrator may recommend the inmate to participate in a home release monitoring program, the Administrator shall comply with all of the requirements of Maine Title 30-A §1659-A, sub-§2, ¶C-1 and shall certify on a form provided by the Department of Corrections compliance with those requirements. The form shall be signed by the Administrator and provided to the Sheriff for review prior to the Sheriff's approving the inmate to participate in a home release monitoring program.

If the Sheriff approves an inmate who is sentenced for a domestic violence crime to participate in a home release monitoring program, the Sheriff shall ensure that there is made a good faith attempt to notify the victim of that crime of the approval at least 10 days prior to the inmate's release from the jail to participate in the program. The attempt to notify the victim must be made both by mail and by phone and in person.

Evidence of Compliance: Written policy and procedure. Inmate records. Copies of Certification forms. Written notice(s).

HREM.11

Inmates shall not be placed in a home release electronic monitoring program solely for the purpose of living at home. All inmates participating in a home release electronic monitoring program shall be participating in a structured program of restitution, work, education, or treatment.

HREM.12

Each home release electronic monitoring program shall establish rules, regulations, and conditions governing the behavior of the inmates who participate in the program. Before being placed in the program, each inmate shall sign a copy of the rules and regulations verifying that the inmate understands and is willing to abide by these rules, regulations, and conditions.

Evidence of Compliance: Written policy and procedure. Inmate records. Signed agreement(s).

HREM.13

The following requirements apply to each inmate participating in a home release monitoring program:

a.) The inmate must, at a minimum, be supervised on an intermittent basis (at least 3 times a week) or monitored electronically during release or curfew hours when an inmate must be at that inmate's residence or place of employment as determined by the Sheriff or designee;

b.) The Sheriff or designee must give advance approval for any travel. Such travel shall be limited to a specific time and place directly related to approved employment, formal education, job search, public service work, treatment, or other specific purposes;

c.) The inmate must agree to searches of the inmate's person, residence, vehicle, electronic communication and storage devices, papers, and effects without warrant and without probable cause, for items prohibited by law or by conditions of participation in this program or otherwise subject to seizure or inspection, upon the request of the Sheriff or designee, without prior notice. The Sheriff or designee may prohibit an inmate from residing with anyone who does not consent to this requirement;

d.) The inmate may not use illegal drugs or other illegal substances, may not use alcohol or marijuana, and may not abuse any legal substance;

e.) The inmate must submit to urinalysis, breath testing, or any other chemical test without probable cause, at the request of the Sheriff or designee;

f.) Any inmate having made any contact with a law enforcement officer must inform the officer of the inmate's status as an inmate participating in a home release monitoring program. The inmate must notify the Sheriff or designee of the contact within 12 hours of any such contact;

g.) The inmate may not violate state or federal laws or any condition of the inmate's release; and

h.) The inmate must pay the cost of the inmate's participation in a home release electronic monitoring program when required by the Sheriff or designee.

Evidence of Compliance: Written policy and procedure. Program rules. Inmate records. Monitoring logs. Signed agreement(s).

HREM.14

The Sheriff shall establish written procedures for the termination of an inmate who violates the conditions of his/her release or the law. The Sheriff or designee may terminate an inmate's participation at any time and return the inmate to confinement for any violations of the conditions of release or the law.

Evidence of Compliance: Written policy and procedure. Program rules. Inmate records. Monitoring logs. Signed agreement(s). Incident reports.

HREM.15

All funds generated as a result of participation in a home release monitoring program must be used to support the home release electronic monitoring program. The County Treasurer shall establish a home release monitoring program account for all revenues generated and expenditures made. Funds unexpended at the end of the year may not lapse but must be carried forward. Home release monitoring program funds must be accounted for through the normal budget process.

Evidence of Compliance: Written policy and procedure. Detailed ledgers.

03-201 C.M.R. ch. 1, § IVa