03-201-1 Me. Code R. § V

Current through 2024-51, December 18, 2024

Section 201-1-V - APPENDICES

Appendix A - Title 34-A Section 1208

Maine Revised Statutes

Title 34-A: CORRECTIONS

§ 1208.STANDARDS FOR COUNTY AND MUNICIPAL DETENTION FACILITIES

The commissioner shall establish standards, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, for county and municipal jails, holding facilities and short-term detention areas, referred to in this section as county and municipal detention facilities, as follows and shall enforce them. [PL 1983, c. 581, §§10, 59 (NEW).]

1.Establishment. The commissioner shall establish both mandatory and desirable standards for all county and municipal detention facilities, setting forth requirements for maintaining safe, healthful and secure facilities. Standards adopted pursuant to this subsection must be evidence-based, must take into consideration cost impact and must reflect best practices for the operation and administration of jails.

[PL 2021, c. 171, §1 (AMD).]

2.Inspections. Inspections of county and municipal detention facilities are governed as follows.

A. The commissioner shall conduct a comprehensive inspection of each county and municipal detention facility every 2 years, in order to provide the department with information, verified by on-site inspection, regarding compliance with all department standards. The commissioner may dispense with this inspection if, when it is due, the facility is accredited by a nationally recognized correctional accrediting body. [PL 2013, c. 27, §1 (AMD).]

B. The commissioner shall conduct every 2 years no fewer than 3 inspections of each county and municipal detention facility that are in addition to any comprehensive inspections conducted pursuant to paragraph A in order to determine continued compliance with standards. [PL 2013, c. 27, §2 (AMD).]

C. The commissioner may inspect a county or municipal detention facility at any time, without prior notice, to determine compliance with standards. [PL 1983, c. 581, §§10, 59 (NEW).]

C-1. As part of any inspection, the commissioner may access any records, including, but not limited to, the records of persons detained or committed in the facility, as considered necessary by the commissioner in order to determine compliance with standards. [PL 2007, c. 102, §6 (NEW).]

D. The commissioner shall prepare a written report of each inspection and shall send a copy of the report to appropriate county or municipal officials within 15 days after the inspection.

(1) The report shall summarize inspection findings.

(2) The report shall list the standards with which the facility does not comply and set forth the reasons for noncompliance. [PL 1983, c. 581, §§10, 59 (NEW).]

E. The commissioner shall order the noncomplying county or municipality to respond to this report in accordance with subsection 3. [PL 1983, c. 581, §§10, 59 (NEW).]

[PL 2013, c. 27, §§1, 2 (AMD).]

3.Standards compliance. Each county and municipal detention facility shall, unless granted a variance pursuant to subsection 5, comply with the mandatory standards established by the commissioner.

A. Within 60 days from the receipt of an inspection report for each mandatory standard listed in subsection 2, paragraph D, subparagraph (2), the county or municipality shall either:

(1) Correct deficiencies listed in the report and submit to the department a written response listing the corrections made; or

(2) Offer a plan to correct those deficiencies for consideration by the department. [PL 1983, c. 581, §§10, 59 (NEW).]

B. If a county or municipality fails to correct deficiencies and offers no plan of correction, or if the plan of correction offered to the department is determined inadequate by the commissioner, the commissioner shall determine an appropriate action to restrict or modify the operations of the facility, consistent with the nature of the uncorrected deficiencies, which action may include ordering an entire facility closed until the deficiencies have been corrected.

(1) Before any such action is taken, the commissioner shall notify the county or municipality in writing of the planned action and shall offer the opportunity to meet and discuss the planned action.

(2) If a meeting is not requested by the county or municipality within 15 days after the county or municipality receives notice of the planned action, or if a meeting is held and fails to produce a plan of correction acceptable to the commissioner, the commissioner shall take the planned action. [PL 1983, c. 581, §§10, 59 (NEW).]

[PL 1983, c. 581, §§10, 59 (NEW).]

4.Emergency powers. The commissioner may take immediate action in response to noncompliance with a mandatory standard, if the noncompliance is determined to endanger the safety of the staff, inmates or visitors of any county or municipal detention facility.

A. The commissioner's action under this subsection shall expire within 90 days or upon compliance with the mandatory standard. [PL 1983, c. 581, §§10, 59 (NEW).]

B. After having taken action under this section, the commissioner shall send a written inspection report to the affected facility. [PL 1983, c. 581, §§10, 59 (NEW).]

C. The commissioner shall decide what long-term action to take with respect to the affected facility on the basis of county or municipality response to the inspection report and subsequent meetings. [PL 1983, c. 581, §§10, 59 (NEW).]

[PL 1983, c. 581, §§10, 59 (NEW).]

5.Variances. The commissioner shall establish written procedures to govern the submission and consideration of requests for variances from established departmental standards, including provisions for department consideration of appeals of decisions.

A. The commissioner may grant a variance only when he determines that the variance will not result in diminishing the safety, health or security of staff, inmates or visitors of a county or municipal detention facility. [PL 1983, c. 581, §§10, 59 (NEW).]

B. The commissioner may grant variances to counties and municipalities for periods of up to 2 years. [PL 1983, c. 581, §§10, 59 (NEW).]

C. County and municipal officials may request variances from mandatory department standards if:

(1) Efforts are underway to achieve compliance and continued failure to comply is only temporary; or

(2) The intent and spirit of the standards may be attained through other means. [PL 1983, c. 581, §§10, 59 (NEW).]

D. The officials applying for a variance have the burden of showing clear justification for the variance. [PL 1983, c. 581, §§10, 59 (NEW).]

[PL 1983, c. 581, §§10, 59 (NEW).]

6.Advisory review.

[PL 2023, c. 135, §2 (RP).]

7.Technical assistance. The commissioner may provide technical assistance to county and municipal detention facilities to facilitate compliance with standards.

[PL 1983, c. 581, §§10, 59 (NEW).]

8.Standards regarding attorney-client communications. The commissioner shall establish mandatory standards:

A. By January 1, 2024, for the protection of confidential attorney-client communications by each county and municipal detention facility. The standards must include, at a minimum:

(1) Processes to protect and ensure confidentiality of attorney-client communications, including but not limited to requirements that each facility develop and maintain a registry of the names, telephone numbers and other contact information for attorneys who provide legal services to residents of the facility and that the attorneys' names, telephone numbers and other contact information on the registry are confidential, except that each facility must proactively and by request of the attorney or the attorney's client who is a resident of the facility confirm the registration of an attorney's name, telephone number and other contact information; and

(2) Processes to be followed in the event that there is a breach of attorney-client confidentiality; and [PL 2023, c. 394, Pt. A, §13 (NEW).]

B. By January 1, 2024, requiring each county and municipal detention facility to designate space within the facility for attorney-client meetings and the exchange of case materials and to make that space available to residents of the facility and their attorneys on a timely basis. [PL 2023, c. 394, Pt. A, §13 (NEW).]

[PL 2023, c. 394, Pt. A, §13 (NEW).]

SECTION HISTORY

PL 1983, c. 581, §§10, 59 (NEW). PL 2007, c. 102, §6 (AMD). PL 2013, c. 27, §§1, 2 (AMD). PL 2021, c. 171, §1 (AMD). PL 2023, c. 135, §2 (AMD). PL 2023, c. 394, Pt. A, §13 (AMD).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the First Regular and First Special Session of the 131st Maine Legislature and is current through November 1. 2023. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.

The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights.

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix B - Title 34-A Section 1208- A

Maine Revised Statutes

Title 34-A: CORRECTIONS

§ 1208- A.STANDARDS FOR ADDITIONAL ACCOMMODATIONS

The commissioner shall establish standards for facilities not covered by section 1208 that are used to house county prisoners, including secure detention facilities as defined in Title 15, section 3003, subsection 24-A and temporary holding resources as defined in Title 15, section 3003, subsection 26 and has the same power to determine compliance with and enforce those standards as provided under section 1208. [2007, c. 102, §7 (AMD).]

SECTION HISTORY

1989, c. 321, §2 (NEW). 1991, c. 314, §16 (AMD). 2007, c. 102, §7 (AMD).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Regular Session of the 127th Maine Legislature and is current through October 1, 2016. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix C - Title 34-A Section 1208- B

Maine Revised Statutes

Title 34-A: CORRECTIONS

§ 1208- B.STANDARDS, POLICIES AND PROCEDURES APPLICABLE TO JAILS

1.Establishment. The commissioner shall establish mandatory standards, policies and procedures for jails. The standards, policies and procedures must be established by rule and must be evidence-based, must take into consideration cost impact and must reflect best practices for the administration and operation of jails. The rules must include policies and procedures for assisting jails to achieve compliance and for imposing penalties for noncompliance.

A. The standards, policies and procedures must address record keeping and reporting of financial data, capital improvement planning, jail staffing, administration and management of prisoners, transfer of inmates, notification to prisoners of prohibition on contact with victims and other persons, pretrial assessments and services, evidence-based programming, literacy programs, mental health and substance use disorder programs and correctional officer training.

[PL 2017, c. 407, Pt. A, §152 (AMD).]

B. In administering and distributing funding to the jails pursuant to section 1210- E, subsection 5, the commissioner shall:

(1) Require reporting of data that indicates average daily population of prisoners, that excludes federal prisoners, that indicates sending and receiving jails for transferred prisoners and that is useful in calculating the distributions to the counties pursuant to section 1210- E, subsection 9; and

(2) Consider the performance of each jail in meeting the standards established pursuant to this section. The commissioner shall work with the jails to assist them in achieving compliance with the standards. The commissioner shall enforce the standards by imposition of monetary penalties upon a county for noncompliance by the county jail or regional jail. A monetary penalty imposed under this subparagraph may not in any fiscal year exceed the County Jail Operations Fund distribution payable to a county for a fiscal year pursuant to section 1210- E, subsection 5. [PL 2021, c. 732, Pt. D, §3 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).]

[PL 2021, c. 732, Pt. D, §3 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).]

2.Rulemaking. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.

[PL 2021, c. 171, §2 (AMD); PL 2021, c. 263, §1 (AMD).]

3.Gender affirmation. The standards, policies and procedures established pursuant to this section for the county jails and regional jail must require the jails to respect and acknowledge an incarcerated person's consistently held gender identity irrespective of anatomy or physique. Housing placements and search practices must be consistent with the person's consistently held gender identity except when such placement or search would present significant management or security problems to the jail or threaten the health and safety of the person. A person must have access to commissary items, clothing, personal property, programming and educational materials that are consistent with the person's consistently held gender identity. County and regional jail staff shall address a person in a manner that is consistent with the person's consistently held gender identity.

[PL 2021, c. 263, §2 (NEW).]

4.Requirements; rulemaking by commissioner. The jails shall operate in accordance with best practices applicable to facilities of their type and size, including the mandatory standards, policies and procedures established by rules adopted by the commissioner under subsection 1 and standards adopted under section 1208, and with the following requirements as set forth in rules adopted by the commissioner. In adopting rules and standards for the jails, the commissioner shall consider the advisory input of the County Corrections Professional Standards Council established pursuant to Title 5, section 12004- G, subsection 6- D.

A. Each jail shall participate in coordination of inmate transportation. Coordination of transportation may be provided by the jail at which the inmate resides, by another jail or correctional facility or by a person or entity working under a contract with the jail at which the inmate resides. [PL 2021, c. 732, Pt. C, §1 (NEW).]

B. Each jail shall provide access to substance use disorder screening, assessment, medication, treatment, recovery and reentry services, including at a minimum:

(1) Screening on intake using evidence-based tools to assess the risk of overdose or withdrawal and the person's history of substance use disorder and to determine initial treatment options;

(2) Medically managed withdrawal treatment consistent with evidence-based medical standards;

(3) All forms of medication for addiction treatment, including at least one of each formulation of each United States Food and Drug Administration-approved medication-assisted treatments for substance use disorder, including alcohol use disorder and opioid use disorder, to ensure that each person receives the particular formulation found to be the most effective at treating and meeting the person's individual needs. Medication under this subparagraph must be offered for the duration of the person's incarceration;

(4) Behavioral treatment options, such as group and individual counseling, and clinical support;

(5) Peer support services;

(6) Reentry planning and transitional support such as coordination with community-based treatment and case management service providers and recovery organizations to ensure reentry and continuity of care after release, including appointments for services made prior to release; and

(7) Assistance in obtaining health insurance prior to release.

Substance use disorder services required by this paragraph may be provided at the jail at which the person resides or at another jail or correctional facility or by a service provider or entity working under a contract with the jail at which the person resides. [PL 2021, c. 732, Pt. C, §1 (NEW).]

C. Each jail shall provide mental health treatment, including at a minimum providing a licensed clinician or licensed professional organization that will be available to assist an inmate who is a person receiving mental health treatment. Mental health treatment required by this paragraph may be provided at the jail at which the person resides or at another jail or correctional facility or by a service provider or entity working under a contract with the jail at which the person resides. [PL 2021, c. 732, Pt. C, §1 (NEW).]

D. Each jail shall provide community programs and services as required by this subchapter, including at a minimum pretrial or conditional release, alternative sentencing or housing programs and electronic monitoring. [PL 2021, c. 732, Pt. C, §1 (NEW).]

E. Each jail shall provide initial and ongoing training and technical assistance for facility staff and health care practitioners on screening, assessment, medication and treatment protocols for substance use disorder. [PL 2021, c. 732, Pt. C, §1 (NEW).]

[PL 2023, c. 135, §3 (AMD).]

5.Requirements; rulemaking by the council. The jails shall operate in accordance with rules adopted pursuant to this subsection. The County Corrections Professional Standards Council, established pursuant to Title 5, section 12004- G, subsection 6- D, shall adopt rules governing the collection and reporting of data by jails as necessary to implement this section. The rules may consider the cost impacts of policy decisions by jails and the State, best practices for the operation of jails, the cost-effective delivery of services by jails, program participation, categories of inmates and reasons for detention or incarceration. In adopting data collection rules, the council shall at minimum require jails to report the following data:

A. The revenues and expenses associated with operating the jail; [PL 2021, c. 732, Pt. C, §2 (NEW).]

B. The population of persons detained or committed to the custody of the sheriff. The rules must require population reporting on a daily basis and must provide data to the department on actual daily population of persons who are detained or incarcerated and persons on all forms of community release. Population data must be reported in the format required by the rule; and [PL 2021, c. 732, Pt. C, §2 (NEW).]

C. The funds used for programs and services as required by section 1208- B, subsection 4, paragraph B. [PL 2021, c. 732, Pt. C, §2 (NEW).]

The council shall establish the rules, definitions and reporting requirements for a centralized data system for county jails.

[PL 2021, c. 732, Pt. C, §2 (NEW).]

SECTION HISTORY

PL 2015, c. 335, §22 (NEW). PL 2017, c. 407, Pt. A, §152 (AMD). RR 2019, c. 2, Pt. A, §32 (COR). PL 2021, c. 171, §2 (AMD). PL 2021, c. 263, §§1, 2 (AMD). PL 2021, c. 732, Pt. C, §§1, 2 (AMD). PL 2021, c. 732, Pt. D, §3 (AMD). PL 2021, c. 732, Pt. D, §7 (AFF). PL 2023, c. 135, §3 (AMD).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the First Regular and First Special Session of the 131st Maine Legislature and is current through November 1. 2023. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix D - Title 34-A Section 1402(5)

Maine Revised Statutes

Title 34-A: CORRECTIONS

§ 1402.DUTIES

In addition to other duties set out in this Title, the commissioner has the following duties. [PL 1983, c. 459, §6 (NEW).]

5.Grievance procedures. The commissioner shall establish procedures for hearing grievances of clients. The commissioner shall establish a separate grievance process for addressing complaints by prisoners about their medical and mental health treatment as well as a separate grievance process for addressing complaints regarding compliance with the standards established pursuant to sections 1208, 1208-A and 1208- B.

[PL 2021, c. 620, §4 (AMD).]

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Regular Session of the 129th Maine Legislature and is current through October 1, 2020. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix E - Title 30-A Section 1556- A

Maine Revised Statutes

Title 30-A: MUNICIPALITIES AND COUNTIES

Chapter 13: COUNTY JAILS AND JAILERS

§ 1556- A.VISITATION

Except as otherwise provided in this section, and subject to any conditions and limitations required for the safety and security of a county jail as determined on a case-by-case basis by the sheriff of the county jail, the sheriff shall provide for in-person visitation between a prisoner and a visitor of the prisoner. [PL 2019, c. 76, §1 (NEW).]

1.Video-only visitation. Upon a determination by the sheriff of a county jail that in-person visitation between a particular prisoner and a visitor of the prisoner may jeopardize the safety and security of the jail, the sheriff may restrict that prisoner to video-only visitation. Upon a determination by the sheriff that the jail facility is unable to provide a safe and secure location for any in-person visitation, the sheriff, on a short-term basis only, may restrict all visitation at the jail to video-only visitation. [PL 2019, c. 76, §1 (NEW).]

2.Contact visitation. Subject to any conditions and limitations required for the safety and security of a county jail as determined on a case-by-case basis by the sheriff, the sheriff shall provide opportunities for in-person visitation involving physical contact between a prisoner and a visitor of the prisoner, unless the sheriff determines that the jail facility is unable to provide a safe and secure location for any in-person visitation involving physical contact. [PL 2019, c. 76, §1 (NEW).]

SECTION HISTORY

PL 2019, c. 76, §1 (NEW).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Regular Session of the 129th Maine Legislature and is current through October 1, 2020. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix F - Title 30-A Section 1561

Maine Revised Statutes

Title 30-A: MUNICIPALITIES AND COUNTIES

Chapter 13: COUNTY JAILS AND JAILERS

§ 1561.MEDICAL CARE AND EXPENSES

Any person incarcerated in a county jail has a right to adequate professional medical care, which does not include medical treatment requested by the prisoner that the facility's treating physician determines unnecessary. The county commissioners may establish medical and dental fees not to exceed $5 for the medical and dental services that are provided pursuant to this section and a fee not to exceed $5 for prescriptions, medication or prosthetic devices. Except as provided in subsection 1, every prisoner may be charged a medical or dental services fee for each medical or dental visit and a fee for each prescription, medication or prosthetic device. The facility shall collect the fee. All money received by a county jail under this section is retained by the jail to offset the costs of medical and dental services fees and fees for prescriptions, medication or prosthetic devices. [PL 1995, c. 201, §1 (RPR).]

1.Exemption from fees. A prisoner is exempt from payment of medical and dental services fees and fees for prescriptions, medication or prosthetic devices when the prisoner:

A. Receives treatment initiated by county jail staff; [PL 1995, c. 201, §1 (NEW).]

B. Is a juvenile; [PL 1995, c. 201, §1 (NEW).]

C. Is pregnant; [PL 1995, c. 201, §1 (NEW).]

D. Is seriously mentally ill or developmentally disabled. For the purposes of this paragraph, "seriously mentally ill" or "developmentally disabled" means a prisoner who, as a result of a mental disorder or developmental disability, exhibits emotional or behavioral functioning that is so impaired as to interfere substantially with the prisoner's capacity to remain in the general prison population without supportive treatment or services of a long-term or indefinite duration, as determined by the facility's psychiatrist or psychologist. The exemption under this paragraph applies only to supportive treatment or services being provided to improve the prisoner's emotional or behavioral functioning; [PL 2015, c. 291, §2 (AMD).]

E. Is an inpatient at a state-funded mental health facility or is a resident at a state-funded facility for individuals with adult developmental disabilities; [PL 2011, c. 542, Pt. A, §53 (AMD).]

F. Is undergoing follow-up treatment; [PL 1995, c. 201, §1 (NEW).]

G. Receives emergency treatment as determined by the county jail's medical or dental staff; or [PL 1995, c. 201, §1 (NEW).]

H. Has less than $15 in the prisoner's facility account and did not receive additional money from any source for 6 months following the medical or dental service or provision of the prescription, medication or prosthetic device. [PL 1995, c. 201, §1 (NEW).]

[PL 2015, c. 291, §2 (AMD).]

2.Civil action for recovery of expenses. Notwithstanding the other provisions of this section, a county may bring a civil action in a court of competent jurisdiction to recover the cost of medical, dental, psychiatric or psychological expenses incurred by a county on behalf of a prisoner incarcerated in a facility. The following assets are not subject to judgment under this subsection:

A. Joint ownership, if any, that the prisoner may have in real property; [PL 1995, c. 201, §1 (NEW).]

B. Joint ownership, if any, that the prisoner may have in any assets, earnings or other sources of income; and [PL 1995, c. 201, §1 (NEW).]

C. The income, assets, earnings or other property, both real and personal, owned by the prisoner's spouse or family. [PL 1995, c. 201, §1 (NEW).]

[PL 1995, c. 462, Pt. D, §5 (AMD).]

3.Assets of offender's spouse or family.

[PL 1995, c. 201, §1 (RP).]

4.Limitation on reimbursement rate to medical service providers for services outside county jail. A county may pay to a provider of a medical service for a prisoner an amount no greater than the reimbursement rate applicable to that provider and that service as established by rule of the Department of Health and Human Services for the MaineCare program under Title 22. This limitation applies to all medical care services, goods, prescription drugs and medications provided to a prisoner outside the county jail.

[PL 2003, c. 461, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

SECTION HISTORY

PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1995, c. 201, §1 (RPR). PL 1995, c. 462, §D5 (AMD). PL 2003, c. 461, §1 (AMD). PL 2003, c. 689, §B6 (REV). PL 2011, c. 542, Pt. A, §53 (AMD). PL 2015, c. 291, §2 (AMD).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Regular Session of the 129th Maine Legislature and is current through October 1, 2020. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix G - Title 30-A Section 1561- A

Maine Revised Statutes

Title 30-A: MUNICIPALITIES AND COUNTIES

Chapter 13: COUNTY JAILS AND JAILERS

§ 1561- A.TRANSPORTATION OF FEMALE PRISONERS TO AND FROM MEDICAL APPOINTMENTS

A county jail housing female prisoners shall ensure to the greatest extent practicable the presence of a female corrections officer during the transportation of a female prisoner to and from a medical appointment and shall ensure that the prisoner is afforded the greatest amount of privacy practicable during the appointment consistent with safety and security considerations. [PL 2021, c. 620, §2 (NEW).]

SECTION HISTORY

PL 2021, c. 620, §2 (NEW).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix H - Title 30-A Section 1565

Maine Revised Statutes

Title 30-A: MUNICIPALITIES AND COUNTIES

Chapter 13: COUNTY JAILS AND JAILERS

§ 1565.MENSTRUAL PRODUCTS

Any person who is incarcerated in a jail or other county correctional facility who menstruates has a right to comprehensive access to menstrual products, including, but not limited to, sanitary pads and tampons, provided and available at all times and without inconvenience or charge to the incarcerated person. [PL 2019, c. 139, §1 (NEW).]

SECTION HISTORY

PL 2019, c. 139, §1 (NEW).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix I - Title 30-A Sections 1582 and 1583

Maine Revised Statutes

Title 30-A: MUNICIPALITIES AND COUNTIES

Chapter 13: COUNTY JAILS AND JAILERS

§ 1582.RESTRAINT OF PREGNANT PRISONERS AND PREGNANT JUVENILES

1.Restraints prohibited. A jail may not use restraints on a prisoner or juvenile known to be pregnant, including during transport to a medical facility or birthing center, labor, delivery and postpartum recovery, unless the jail administrator or the designee of the jail administrator makes a determination that the prisoner or juvenile presents an extraordinary circumstance as described in subsection 2.

[2015, c. 315, §2 (NEW).]

2.Exceptions. Use of restraints on a pregnant prisoner or a pregnant juvenile for an extraordinary circumstance is permitted only if a jail administrator or designee of the jail administrator makes a determination that there is a substantial flight risk or other extraordinary medical or security circumstance that requires restraints to be used to ensure the safety and security of the pregnant prisoner or pregnant juvenile, the staff of the jail or medical facility, other prisoners or juveniles or the public, except that:

A. If a doctor, nurse or other health professional treating the prisoner or juvenile requests that restraints not be used, the corrections officer accompanying the prisoner or juvenile shall immediately remove all restraints; and [2015, c.

315, §2 (NEW).]

B. Notwithstanding this subsection, leg or waist restraints may not be used at any time, and restraints may not be used on a prisoner or juvenile in labor or childbirth. [2015, c. 315, §2 (NEW).]

[2015, c. 315, §2 (NEW).]

3.Procedures. If restraints are used on a pregnant prisoner or pregnant juvenile pursuant to subsection 2:

A. The corrections officer must apply the least restrictive type of restraints in the least restrictive manner necessary; and [2015, c. 315, §2 (NEW).]

B. The jail administrator or designee of the jail administrator shall make written findings within 10 days as to the extraordinary circumstance that required the use of the restraints. These findings must be kept on file by the jail for at least 5 years and must be made available for public inspection, except that individually identifying information of any prisoner or juvenile may not be made public under this paragraph without the prior written consent of the prisoner or juvenile. [2015, c. 315, §2 (NEW).]

[2015, c. 315, §2 (NEW).]

4.Privacy. When a prisoner or juvenile is admitted to a medical facility or birthing center for labor or childbirth, a corrections officer may not be present in the room during labor or childbirth unless specifically requested by medical personnel. If a corrections officer's presence is requested by medical personnel, the corrections officer must be female if practicable.

[2015, c. 315, §2 (NEW).]

SECTION HISTORY

2015, c. 315, §2 (NEW).

§ 1583.STANDARDS; NOTICE TO FEMALE PRISONERS AND JUVENILES

1.Mandatory minimum standards for pregnant prisoners and juveniles. The Commissioner of Corrections shall adopt rules to establish mandatory minimum standards necessary to implement this subchapter and must enforce those standards as provided under Title 34-A, section 1208. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

[2015, c. 315, §2 (NEW).]

2.Notice. The jail administrator or the jail administrator's designee shall inform all female prisoners and female juveniles upon admission to the jail of the mandatory minimum standards adopted pursuant to subsection 1

[2015, c. 315, §2 (NEW).]

SECTION HISTORY

2015, c. 315, §2 (NEW).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix J - Title 30-A Section 1651

Maine Revised Statutes

Title 30-A: MUNICIPALITIES AND COUNTIES

Chapter 13: COUNTY JAILS AND JAILERS

§ 1651.EXAMINATION OF JAILS; BOARD OF VISITORS

1.Examination. At the commencement of each session required by law, the county commissioners shall examine the jail in their county and take necessary precautions for the security of prisoners, for the prevention of infection and sickness and for the accommodations of the prisoners.

[PL 2003, c. 482, Pt. A, §1 (NEW).]

2.Appointment. The sheriff for each county shall appoint a board of 7 visitors for each jail or other county correctional facility under the sheriff's supervision.

A. Members of the boards of visitors serve for terms of 3 years. [PL 2023, c. 383, §1 (AMD).]

B. Members of the boards of visitors are eligible for reappointment at the expiration of their terms. The boards of visitors must be representative of a broad range of professionals, family members and citizens interested in the wellbeing of prisoners, including representatives of advocacy groups for human and civil rights, medical and psychiatric professionals, persons who have served in corrections settings and other interested citizens. One member of each board of visitors must be a person with knowledge of issues related to the incarceration of women. One member of each board of visitors must be a woman who has been incarcerated in the State and who has prior child welfare experience with the Department of Health and Human Services, Office of Child and Family Services. One member of each board of visitors must have experience in the field of mental or behavioral health. [PL 2023, c. 383, §1 (AMD).]

C. A member of the Legislature or an employee of a sheriff's department may not serve on a board of visitors. [PL 2023, c. 383, §1 (AMD).]

D. The sheriffs of 2 or more counties, at their discretion, may appoint a joint board of visitors of 7 or more members. [PL 2021, c. 620, §3 (AMD).]

[PL 2023, c. 383, §1 (AMD).]

3.Powers.

[PL 2023, c. 383, §1 (RP).]

4.Duties. Boards of visitors have the following duties.

A. Each board of visitors shall inspect the jail or other county correctional facility to which it is assigned. Each board of visitors must be provided open access to all physical areas of the jail or other county correctional facility, including access to areas housing prisoners. Each board of visitors must be provided the opportunity to speak to prisoners and to staff. Members of the board of visitors shall comply with all sheriff's office policies and procedures and security practices regarding access to the jail or other county correctional facility, shall adhere to all federal and state laws regarding confidentiality and shall refer concerns or complaints regarding specific individuals to the jail administrator or advocate or other county correctional facility administrator or advocate. [PL 2023, c. 383, §1 (NEW).]

B. Each board of visitors shall make recommendations to the sheriff regarding services or treatment for prisoners who have mental health challenges or are mentally ill. [PL 2023, c. 383, §1 (NEW).]

C. Each board of visitors shall review the management of the jail or other county correctional facility to which it is assigned to determine whether that management is consistent with the philosophy, mission and policy goals of the sheriff's office and facility. On or before February 15th of each calendar year, each board of visitors shall prepare an annual report including its recommendations and shall provide copies of its report to the jail administrator, the county correctional facility administrator, the county commissioners and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The sheriff shall provide copies with the sheriff's response to the reports to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters within one month of receiving the annual reports. [PL 2023, c. 383, §1 (NEW).]

D. Each board of visitors shall appear before the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters upon request. [PL 2023, c. 383, §1 (NEW).]

E. Each board of visitors shall meet regularly and tour the jail or other county correctional facility to which it is assigned at least 4 times a year. At each meeting, a board of visitors may request and must receive information from the jail administrator or a county correctional facility administrator that the board determines will assist in the review of the management of the jail. To the extent that a board of visitors is not discussing matters made confidential by federal or state law, a meeting of the board is a public proceeding and must be conducted in accordance with Title 1, section 403. Boards of visitors may meet jointly. [PL 2023, c. 383, §1 (NEW).]

F. Each board of visitors shall share copies of that board's annual report with the other boards of visitors of that sheriff's office. [PL 2023, c. 383, §1 (NEW).]

[PL 2023, c. 383, §1 (NEW).]

5.Orientation and training. A board of visitors must receive annual training, including:

A. Facilities orientation, including a tour of the jail or other county correctional facility to which the board of visitors is assigned, explanation of the facility command structure and receipt of the Department of Corrections' publication regarding detention and correctional standards for Maine counties and municipalities, facility prisoner handbooks, volunteer policies and board of visitors policies; [PL 2023, c. 383, §1 (NEW).]

B. Review of the federal Americans with Disabilities Act of 1990 and guidance concerning domestic violence, substance use disorder including opioids, behavioral health and adverse childhood trauma; [PL 2023, c. 383, §1 (NEW).]

C. A list and explanation of available community resources; [PL 2023, c. 383, §1 (NEW).]

D. The legal requirements of this section; and [PL 2023, c. 383, §1 (NEW).]

E. Training on any other subject as determined by the sheriff or chair of the board of visitors. [PL 2023, c. 383, §1 (NEW).]

[PL 2023, c. 383, §1 (NEW).]

SECTION HISTORY

PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 2003, c. 482, §A1 (RPR). PL 2021, c. 620, §3 (AMD). PL 2023, c. 383, §1 (AMD).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix K - Title 30-A Section 1658

Maine Revised Statutes

Title 30-A: MUNICIPALITIES AND COUNTIES

Chapter 13: COUNTY JAILS AND JAILERS

§ 1658.ADDITIONAL ACCOMMODATIONS

The county commissioners may make such additions in workshops, fences and other suitable accommodations in, adjoining or appurtenant to the jails in the several counties as may be found necessary for the safekeeping, governing and employing of offenders committed to the jails by authority of the State or the United States. For the better employing of these offenders, they may lease or purchase necessary lands or buildings anywhere within their respective counties and may authorize the employment on those lands for the benefit of the county or of dependent families of prisoners committed for crime, as provided in section 1601. Whenever the county commissioners determine that the use of the land and buildings is unnecessary for that use, they may sell and dispose of the land and buildings in the manner required by law. The county commissioners may raise by loan of their respective counties, or otherwise, a total sum not exceeding $5,000 to make those purchases, alterations and improvements, and may expend so much of that amount as is necessary. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 198 9, c. 104, Pt. C, §§8, 10 (AMD).]

The county commissioners may purchase, lease, contract or enter into agreements for the use of facilities to house minimum security prisoners who have been sentenced to the county jail. These prisoners must be involved in restitution, work or educational release, or rehabilitative programs. The funds to purchase, lease or contract for these facilities and to provide any programs in these facilities may be taken from the funds received by the counties pursuant to former Title 34-A, section 1210-A and Title 34-A, section 1210- B. Any facilities used to house prisoners pursuant to the authority granted by this section are subject to standards established by the Department of Corrections pursuant to Title 34-A, section 1208- A. [2007, c. 377, §6 (AMD); 2007, c. 377, §17 (AFF).]

SECTION HISTORY

1987, c. 737, §§A2,C106 (NEW). 1989, c. 6, (AMD). 1989, c. 9, §2 (AMD). 1989, c. 104, §§C8,10 (AMD). 1989, c. 321, §1 (AMD). 1999, c. 127, §A44 (AMD). 2007, c. 377, §6 (AMD). 2007, c. 377, §17 (AFF).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix L - Title 30-A Section 1659- A

Maine Revised Statutes

Title 30-A: MUNICIPALITIES AND COUNTIES

Chapter 13: COUNTY JAILS AND JAILERS

§ 1659- A.COMMUNITY CONFINEMENT MONITORING PROGRAM

The sheriff of each county shall establish a program to permit certain inmates to serve a portion of their sentence of imprisonment in community confinement monitored by the county or a contract agency or another county or its contract agency. The county may contract only with a community confinement monitoring agency approved by the Department of Corrections. [PL 2015, c. 335, §18 (AMD).]

1.Petition. A sheriff, upon written request from an inmate eligible under subsection 2 for participation in a community confinement monitoring program and recommended by the jail administrator, may assign the inmate to participate in a community confinement monitoring program. At the time of granting this privilege, the sheriff shall determine whether the inmate is responsible for the cost of participating in the program based on the inmate's ability to pay.

[PL 2023, c. 250, §1 (AMD).]

2.Eligibility. Inmates are eligible to participate in a community confinement monitoring program if:

A. The inmate's residence is located within the State and in a location that does not in any way restrict the adequate monitoring of the inmate; [PL 2009, c. 391, §6 (NEW).]

B. The inmate has been sentenced to the county jail; [PL 2009, c. 391, §6 (NEW).]

C. The inmate is not serving a sentence for a sex offense or a sexually violent offense as defined under Title 34-A, section 11203; [PL 2009, c. 391, §6 (NEW).]

C-1. The inmate is not serving a sentence for a crime against a family or household member as defined in Title 19-A, section 4102, subsection 6, unless the jail administrator has determined that the inmate is not reasonably likely to pose a risk to the safety of others in the community after the jail administrator has:

(1) Reviewed the available criminal history record of the inmate to, at a minimum, identify any patterns of behavior that may indicate the inmate poses a risk to the safety of others in the community;

(2) Reviewed and considered any other available evidence that the inmate poses a risk to the safety of others in the community, including the results of any validated, evidence-based domestic violence risk assessment that has been completed by law enforcement in accordance with Title 19-A, section 4114, subsection 6, paragraph E as part of the criminal case for which the inmate is incarcerated;

(3) Made a good faith and documented effort to contact the victim of the crime for which the inmate is incarcerated to inform the victim of the inmate's application to participate in a community confinement monitoring program and inquire about any concerns the victim has for the victim's safety or the safety of any member of the victim's household in connection to the inmate's application to participate in a community confinement monitoring program;

(4) Considered any concerns provided pursuant to subparagraph (3) by the victim of the crime for which the inmate is incarcerated;

(5) Provided notice to the district attorney of the county in which the conviction was entered and a local domestic violence resource center; and

(6) Certified that each of the requirements in this subsection has been met. The certification must be on a form recommended by the inspections division of the Department of Corrections and must:

(a) Include details regarding any concerns provided pursuant to subparagraph (3) by the victim of the crime for which the inmate is incarcerated, unless the victim has requested otherwise;

(b) Be signed by the jail administrator; and

(c) Be provided to the sheriff for review prior to the sheriff's approving assignment of the inmate to a community confinement monitoring program.

If a sheriff assigns an inmate serving a sentence for a crime against a family or household member as defined in Title 19-A, section 4102, subsection 6 to a community confinement monitoring program, a representative from the county jail to which the inmate has been sentenced shall make a good faith attempt to notify the victim of that crime of the assignment at least 10 days prior to the inmate's release from the county jail. Notification of the victim under this paragraph must be made both by mail and by phone or in person; [PL 2023, c. 250, §2 (NEW).]

D. The inmate has a verified security classification level of "medium" or "minimum" and scores "moderate" or "less" on a validated risk assessment tool as defined by the Department of Corrections; [PL 2015, c. 335, §19 (AMD).]

E. The inmate serves a minimum of 1/3 of the term of imprisonment, or, in the case of a split sentence, a minimum of 1/3 of the unsuspended portion, prior to participating in a community confinement monitoring program. In calculating the amount of time served, deductions earned under Title 17-A, section 2302, subsection 1; section 2305; section 2307; section 2308; section 2309; section 2310; or section 2311 and time reductions earned for charitable or public works projects under section 1606 must be counted; and [PL 2019, c. 113, Pt. C, §81 (AMD).]

F. The inmate agrees to abide by the conditions of release pursuant to this section and any additional conditions imposed by the sheriff or jail administrator. [PL 2009, c. 391, §6 (NEW).]

[PL 2023, c. 250, §2 (AMD).]

3.Participation requirements. The following requirements of this subsection apply to inmates participating in a community confinement monitoring program.

A. Each inmate assigned to community confinement pursuant to this section shall participate in a structured program of work, education or treatment. Participation in a community confinement monitoring program may not be solely for the purpose of living at home. [PL 2009, c. 391, §6 (NEW).]

B. At a minimum, the inmate shall report in person at least once per week to a community confinement monitor, even if being electronically monitored. [PL 2009, c. 391, §6 (NEW).]

C. The jail administrator, or a designee, shall restrict in advance any travel or movement limiting the inmate's travel to specific times and places directly related to approved employment, formal education, job search, public service work, treatment or other specific purposes. [PL 2009, c. 391, §6 (NEW).]

D. The inmate shall agree to searches of the inmate's person, residence, electronic monitoring equipment, vehicle, papers and effects and any property under the inmate's control, without a warrant and without probable cause, for items prohibited by law or by condition of participation in the program or otherwise subject to seizure or inspection upon the request of the jail administrator, a community confinement monitor or any law enforcement officer without prior notice. The sheriff or jail administrator may prohibit the inmate from residing with anyone who does not consent to a search or inspection of the residence to the extent necessary to search or inspect the inmate's person, residence, electronic equipment, papers and effects. [PL 2009, c. 391, §6 (NEW).]

E. The inmate may not use alcohol or illegal drugs or other illegal substances or misuse any other legal substance. [RR 2017, c. 2, §13 (COR).]

F. The inmate shall submit to urinalysis, breath testing or other chemical tests without probable cause at the request of the jail administrator or a community confinement monitor. [PL 2009, c. 391, §6 (NEW).]

G. If stopped or arrested by a law enforcement officer, the inmate shall notify that officer of the inmate's participation in a community confinement monitoring program. Within one hour of having been stopped or arrested, the inmate shall notify the jail administrator or a community confinement monitor. [PL 2009, c. 391, §6 (NEW).]

H. The inmate may not violate state or federal criminal law or any conditions of the inmate's release. [PL 2009, c. 391, §6 (NEW).]

I. As a condition of participation of an inmate in a community confinement monitoring program, the sheriff may, based upon an inmate's ability to pay, require the inmate to pay a fee including an electronic monitoring fee, if applicable, a substance testing fee, if applicable, or both. The fee charged may include the costs associated with a community confinement program for people who do not have the financial resources to pay the fees. [PL 2009, c. 391, §6 (NEW).]

J. The inmate shall sign a statement verifying that the inmate understands and agrees to all of the conditions of release and participation in a community confinement monitoring program. [PL 2009, c. 391, §6 (NEW).]

[RR 2017, c. 2, §13 (COR).]

4.Termination of the privilege. The sheriff, jail administrator or a community confinement monitor may terminate an inmate's participation in a community confinement monitoring program at any time and return the inmate to the custody of the county jail for any violation of the conditions of the inmate's release or upon the loss of an appropriate residence on the part of the inmate.

[PL 2009, c. 391, §6 (NEW).]

5.Crimes. The following penalties apply to violations of this section.

A. An inmate is guilty of the crime of violating a condition of release from the community confinement monitoring program if the inmate intentionally or knowingly violates a condition of release. Violation of this paragraph is a Class D crime. [PL 2011, c. 464, §28 (RPR).]

B. An inmate is guilty of the crime of escape from the community confinement program as provided pursuant to Title 17-A, section 755, subsection 1- E. [PL 2011, c. 464, §28 (RPR).]

[PL 2011, c. 464, §28 (RPR).]

6.Minimum standards supervision of inmates in the community confinement monitoring program. The Department of Corrections shall establish minimum policy standards for the monitoring of inmates in the community confinement monitoring program.

[PL 2015, c. 335, §20 (AMD).]

7.Program funding. Funds collected pursuant to this section must be forwarded to an account designated by the Department of Corrections for the purpose of supporting pretrial, diversion or reentry activities. Community confinement monitoring program funds must be accounted for by the county through the normal budget process.

[PL 2015, c. 335, §20 (AMD).]

8.Terminally ill or incapacitated inmate. The sheriff may grant the privilege of participation in a community confinement monitoring program to an inmate who does not meet the requirements of subsection 2, paragraphs C and E if the jail's treating physician has determined that the inmate has a terminal or severely incapacitating medical condition and that care outside the jail is medically appropriate. Except as set out in this subsection, the inmate shall live in a hospital or other appropriate care facility, such as a nursing facility, residential care facility or facility that is a licensed hospice program pursuant to Title 22, section 8622 approved by the sheriff. As approved by the sheriff, the inmate may receive hospice services from an entity licensed pursuant to Title 22, chapter 1681, subchapter 1 or other care services and, subject to approval by the sheriff, may live at home while receiving these services. The sheriff may exempt an inmate participating in community confinement monitoring pursuant to this subsection from any requirements under subsection 3 that the sheriff determines to be inapplicable. The inmate shall provide any information pertaining to the inmate's medical condition or care that is requested by the sheriff at any time while the inmate is in the community confinement monitoring program. If the sheriff determines that the inmate has failed to fully comply with a request, or if at any time the jail's treating physician determines that the inmate does not have a terminal or severely incapacitating medical condition or that care outside the jail is not medically appropriate, the sheriff shall terminate the inmate's participation in the community confinement monitoring program. Except as set out in this subsection, all other provisions of this section apply to community confinement monitoring pursuant to this subsection.

[PL 2009, c. 391, §6 (NEW).]

9.Effective date. This section is effective January 1, 2010.

[PL 2009, c. 391, §6 (NEW).]

SECTION HISTORY

PL 2009, c. 391, §6 (NEW). PL 2011, c. 464, §28 (AMD). PL 2015, c. 335, §§18-20 (AMD). RR 2017, c. 2, §13 (COR). PL 2017, c. 407, Pt. A, §119 (AMD). PL 2019, c. 113, Pt. C, §81 (AMD). PL 2023, c. 250, §§1, 2 (AMD).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication:

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

Appendix M - Rules for Strip Searches, Manual Mouth Searches, and Body Cavity Searches of Arrestees

26-239 DEPARTMENT OF ATTORNEY GENERAL

Chapter 1: RULES FOR STRIP SEARCHES, MANUAL MOUTH SEARCHES, AND BODY CAVITY SEARCHES OF ARRESTEES

SUMMARY: These rules for strip searches, manual mouth searches, and body cavity searches of arrestees are promulgated pursuant to 5 M.R.S.A. §200- G(l). They establish acceptable procedures for conducting these kinds of searches. To the extent that these rules do not address any aspect of these kinds of searches, the governing law is the Fourth Amendment to the United States Constitution and Article I, §5 of the Maine Constitution. Section I of the rules contains definitions. Section II specifies the preconditions for conducting strip searches, manual mouth searches, and body cavity searches. Section III identifies the people who may conduct strip searches, manual mouth searches, and body cavity searches and the procedures to be followed. Section IV sets forth the records that must be kept of these kinds of searches. Section V clarifies that these rules apply only to arrestees and do not apply to persons who are taken into custody for execution of a sentence, who have been remanded by a court to a facility, or who are already inmates of a facility and clarifies that these rules do not apply to other types of searches of arrestees or other persons.

I.Definitions

1.Arrestee: a person who has been placed under custodial arrest by a law enforcement officer. Once remanded by a court to a facility, the person is no longer considered an arrestee.

2.Body cavity search: an inspection of an arrestee's anal or vaginal cavity by insertion of fingers or instruments.

3.Facility: any state correctional or detention facility, county institution or facility, or local lockup.

4.Law enforcement officer: For purposes of these rules, "law enforcement officer" means a "law enforcement officer" as defined in 17-A M.R.S.A. §2(17), a "law enforcement officer" as defined in 25 M.R.S.A. §2801- A(5), a "transport officer" as defined in 25 M.R.S.A. §2801- A(8), a "corrections officer" as defined in 17-A M.R.S.A. §2 (5-A) and 25 M.R.S.A. §2801- A(2), a "corrections supervisor" as defined in 17-A M.R.S.A. §2(5-B), or a jailer, jailer's assistant, or employee as provided for in 30-A M.R.S.A. §1501.

5.Manual mouth search: a search of an arrestee's mouth, including any dentures located in the mouth, with the use of fingers or instruments.

6.Medically trained personnel: "Medically trained personnel" means a licensed physician, physician's assistant, nurse practitioner, or registered nurse.

7.Strip search: a search during which any private part of an arrestee's body, including an arrestee's anal or genital area or buttocks or a female arrestee's breasts, is visually inspected. There may not be any manual search of the arrestee during a strip search except for a manual mouth search unless the rules governing body cavity searches are complied with.

II.Preconditions for Searches

1.Strip search and manual mouth search. An arrestee may be subjected to a strip search and manual mouth search if either of the following preconditions for such searches exists:

A.Arrestee for a violent, weapon, or drug offense. An arrestee for a violent, weapon, or drug offense, or a corresponding juvenile offense, may be subjected to a strip search and manual mouth search.

B.All other arrestees. An arrestee for other than a violent, weapon, or drug offense, or corresponding juvenile offense, may be subjected to a strip search and manual mouth search if the law enforcement officer authorizing such search has reasonable suspicion that the arrestee is concealing on or inside the arrestee's body a weapon, contraband, or evidence of a crime. Reasonable suspicion may be based on such factors as the nature of any offense for which the arrestee has previously been arrested, any prior facility history of the arrestee, the arrestee's appearance, the arrestee's conduct, and items found during a less intrusive search.

2.Body cavity search. An arrestee may be subjected to a body cavity search if the law enforcement officer authorizing such search has probable cause to believe that the arrestee is concealing inside a body cavity a weapon, contraband, or evidence of a crime. The search shall be conducted pursuant to a search warrant issued upon probable cause. The warrant may be dispensed with, however, under the constitutionally recognized exceptions of exigent circumstances or consent. Consent must be written.

III.Method of Search

1.Strip search and manual mouth search

A.Person to conduct search. A strip search and manual mouth search must be conducted by

1) a law enforcement officer or officers of the same gender as the arrestee, or

2) medically trained personnel of the same gender as the arrestee.

B.Exclusion of third persons. The search cannot be observed by persons other than

1) persons conducting the search as identified in III(l)(A) above, and

2) only the number of law enforcement officers of the same gender as the arrestee necessary to be present at the search for one or more law enforcement purposes, such as (a) the protection of the person conducting the search, (b) the witnessing of the removal of any weapon, contraband, or evidence of a crime from the body or clothing of the arrestee, (c) the seizure of such weapon, contraband, or evidence, and (d) any other legitimate law enforcement purpose.

C. Persons conducting or observing the search shall treat the arrestee with respect to minimize embarrassment and indignity.

2.Body cavity search

A.Person to conduct search. A body cavity search must be conducted by medically trained personnel of the same gender as the arrestee. A body cavity search may not be conducted by law enforcement officers, unless the law enforcement officers are also medically trained personnel.

B.Exclusion of third persons. The search cannot be observed by persons other than

1) the medically trained personnel conducting the search, and

2) only the number of law enforcement officers of the same gender as the arrestee necessary to be present at the search for one or more law enforcement purposes, such as (a) the protection of the medically trained personnel, (b) the witnessing of the removal of any weapon, contraband, or evidence of a crime from the body or clothing of the arrestee, (c) the seizure of such weapon, contraband, or evidence, and (d) any other legitimate law enforcement purpose.

C. Persons conducting or observing the search shall treat the arrestee with respect to minimize embarrassment and indignity.

IV.Records

Each strip search, manual mouth search, and body cavity search of an arrestee shall be recorded in a log kept by the law enforcement agency whose officers were involved in the search. The log shall be kept for a minimum of seven years.

The log shall indicate the name of the officer who ordered the search, the name of the officer or medically trained personnel who conducted the search, the names of the officers present at the search, the name of the arrestee, the type of search conducted (strip search, manual mouth search, or body cavity search), the parts of the body searched, and the justification or justifications for the search, e.g., (1) search warrant, (2) exigent circumstances and probable cause, (3) consent, (4) arrestee for a violent, weapon, or drug crime, or corresponding juvenile offense, or (5) arrestee for other than a violent, weapon, or drug crime, or corresponding juvenile offense, combined with reasonable suspicion. Where the justification for a warrantless search is based on the existence of probable cause and exigent circumstances or reasonable suspicion, such probable cause and exigent circumstances or reasonable suspicion shall be summarized in the log. Where the justification for a warrantless search is consent, the written consent must be kept by the law enforcement agency for a minimum of seven years.

V.Inapplicability of Rules

Pursuant to 5 M.R.S.A. §200- G, these rules do not apply to persons who are taken into custody for execution of a sentence, who have been remanded by a court to a facility, or who are already inmates of a facility. Strip searches, manual mouth searches, and body cavity searches of these persons are governed by the Fourth Amendment to the United States Constitution, Article I, §5 of the Maine Constitution, and existing policies and procedures of facilities. These rules do not apply to other types of searches of arrestees or other persons, including, but not limited to, pat down or frisk searches and visual mouth searches. These other searches are governed by the Fourth Amendment to the United States Constitution, Article I, §5 of the Maine Constitution, and existing policies and procedures of facilities.

Appendix N - Protocol for the Investigation of Deaths, Probable Deaths, and Missing Persons

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Protocol for the Investigation of Deaths, Probable Deaths, and Missing Persons

I. BACKGROUND

A. The purpose of this protocol is to establish procedures for law enforcement agencies in cases involving deaths, situations where death appears imminent, situations where death is reasonably suspected, and missing persons. Timely implementation of these procedures and notifications is often critical. Accordingly, this protocol and its required notifications apply to cases of death, cases when it is reasonably anticipated that death may result, cases where death is reasonably suspected, or a missing person under suspicious or unusual circumstances.

B. Technical assistance and expertise are indispensable to the successfill investigation of these cases. The Office of the Attorney General and the Office of Chief Medical Examiner will continue to rely upon the State Police Major Crimes Unit as its primary death investigative arm. except in the City of Portland and the City of Bangor where die respective police department is the primary death investigative arm.¹

II. IMPORTANCE OF DEATH SCENE CONTROL

Control of the death scene is a primary focus of these procedures. Often, the medical examiner and medico-legal death investigator can gain valuable insight into the cause, maimer and circumstances of death, as well as the time of death, from viewing the scene and viewing the body at the scene. Moreover, the scene is sometimes replete with subtle clues that could aid in the identification or discovery of a perpetrator. All. or a significant part, of this evidence could be lost through inadvertent disturbance of the scene by persons lacking the required expertise.

III. PROCEDURES IN ALL CASES

A. Initial Procedures. The first law enforcement officer at the scene of a death, a situation involving a probable death, or a missing person under suspicious or unusual circumstances should, without disturbing the body or scene:²

1. Conduct a cursory search of the premises for the limited purpose of determining if there are perpetrators or other victims present.

2. Determine that death has in fact occurred. If there is any evidence of life, initiate all necessary life-sustaining measures.

3. Make a cursory examination of the scene to determine if the cir cumstances are at all suspicious. (All deaths or injuries resulting from gunshot wounds are suspicious until a thorough investigation has determined otherwise.) If the circumstances are at all suspicious (or there is no body, but there is a possibility that a death or foul play may have occurred), the following procedures will be followed:

(a) Secure and protect the scene. Do not move or otherwise disturb a body unless it is in immediate danger of destruction or further damage.

(b) Notify supervisors, the Office of Chief Medical Examiner, and MCU. Ure Office of Chief Medical Examiner will notify the Office of the Attorney General. If you wish, you may obtain the name and telephone number of the Attorney General Duty Officer from the Office of Chief Medical Examiner or the Regional Communications Center (RCC). enabling you to be in direct contact with the Duty Officer.

(c) Record names, addresses, telephone numbers, and other pertinent information of all persons present or assign another person to this task.

(d) Maintain a timetable of all persons arriving and leaving the scene.

(e) Unless circumstances require it. do not arrest or detain a srrspect without prior authorization of the MCU detective in charge or the Attorney General Dirty Officer.

(f) If the circumstances require arresting or detaining a suspect, do not undertake questioning of the suspect without first discussing this procedure with the MCU detective in charge or the Attorney General Duty Officer. Be prepared to electronically record any statements volunteered or spontaneously made by a suspect.

(g) Determine if a child has lost both parents as a result of homicide or has lost one parent and the other parent has been arrested, detained or committed to a correctional facility or mental health facility for an offense related to a homicide, and advise MCU. which is then responsible for notifying the Maine Bureau of Child and Family Services at 800-452-1999?

B. hi a case of an accidental death, including a motor vehicle crash, contact the Office of the District Attorney and the Office of Chief Medical Examiner.

C. Deaths NOT reportable. A death from natural causes that is certified by a physician and is not suspicious need not be reported to the Office of Chief Medical Examiner.

D. Attendance at Examination or Autopsy. The Office of Chief Medical Examiner may arrange for a local medical examiner or medico-legal investigator to conduct an examination of a body at a local funeral home, or an autopsy may be conducted at the Office of Chief Medical Examiner in Augusta, hi either situation, the investigating officer or a representative of the investigating agency should be available for the examination or autopsy so that the medical examiner or investigator is fully aware of all the known facts and circumstances regarding the scene and the investigation.⁴

IV. PROCEDURES FOR CASES WITH SPECIAL CIRCUMSTANCES

A.Fire or Explosion Death

The State Fire Marshal is the official representative of the Attorney General in the investigation of fires or explosions resulting in a fatality. The law enforcement officer or firefighter discovering a body in a fire or following an explosion shall notify the Office of the State Fire Marshal and the Office of Chief Medical Examiner. The scene is not to be disturbed or the body moved, unless the body is in immediate danger of destruction or further damage. If the case is one of suspected arson or an otherwise suspicious death, it is to be handled as any other suspicious death, which includes notifying the appropriate MCU.

B.Hunting Death

The State Warden Service is the official representative of the Attorney General hi the investigation of a limiting fatality. The law enforcement officer encountering an apparent hunting fatality shall notify the State Warden Service by calling the appropriate RCC and the Office of Chief Medical Examiner. The State Warden Service will in turn notify the appropriate MCU for assistance in conducting the investigation. The scene is not to be disturbed or the body moved, unless the body is in immediate danger of destinetion or further damage.

C.Death while in custody or confinement

1.Jail, Holding Facility, Correctional Institution. The death or probable death of an individual while in custody or confinement in a jail, holding facility, or correctional institution, regardless of the likely cause, manner, and circumstances. is to be reported immediately to the Office of Chief Medical Examiner, the appropriate MCU. and the Operations Division of the Department of Collections. These notifications are necessary for these agencies to cany out their responsibility of investigating the death to determine the cause, maimer, and circumstances of death. The Operations Division of the Department of Corrections is responsible for conducting an investigation into the operational practices, policies, and procedures to determine compliance with required standards. The Attorney General's Office will thereafter review all investigative results.

2.Mental Health Facility. The death or probable death of an individual while in custody or confinement as a result of an order to undergo a mental health examination⁵, being involuntarily committed to a mental institution following acceptance of a negotiated insanity plea or following a verdict or finding of insanity⁶, or having been taken into protective custody⁷, regardless of the likely cause, manner and circumstances, is to be reported immediately to the Office of Chief Medical Examiner and the appropriate MCU. These notifications are necessary for these agencies to cany out their responsibility of investigating the death to determine the cause, maimer, and circumstances of death. The Attorney General's Office will thereafter review all investigative results.

3.Death Attended by Law Enforcement. The death or probable death of an individual while interacting with law enforcement, regardless of the likely cause, maimer, and circumstances, requires an immediate report to the Investigation Division of the Office of the Attorney General and the Office of Chief Medical Examiner.

D.Deadly Force by Law Enforcement

When a law enforcement officer uses deadly force in the performance of the officer's duties, regardless of the outcome, immediate reporting to the Investigation Division of the Attorney General's Office is required. If death was the outcome, the Attorney General's Office will contact the Office of Chief Medical Examiner.⁸

E.Workplace death

The "workplace manslaughter" statute may be applicable to a situation where an employee dies in the workplace. The investigation of a workplace death is the responsibility of the responding law enforcement agency, but requires an immediate report to the Office of Chief Medical Examiner. The Office of Chief Medical Examiner will notify the Office of the Attorney General and. if necessary for assistance, the appropriate MCU. It is also likely that investigators from the Occupational Health and Safety Administration (OSHA) or the Maine Bureau of Labor Standards (BLS) will be assigned to assist in the investigation, hr the initial scene investigation, law enforcement officers should treat the situation as they would a vehicular manslaughter, seeming photographs, measurements, and other evidence.

F. Death of Child less than 3 years

Sections II and IH are applicable when responding to a child death, hr addition to the Office of Chief Medical Examiner. MCU is to be contacted in any case of the death of a child under the age of three years. Singling out deaths of young children for special investigation is necessary' because of the different technical approach and types of inquiry required in pursuing the investigations.

G.Suicide

When the circumstances of death suggest a suicide. MCU and the Office of Chief Medical Examiner must be notified.

Immediately send suicide notes to the Office of Chief Medical Examiner.⁹ If not convenient, fax a copy or email a picture while the originals take their time through the mail or other transport. Do not send such material with the body.

Note: If the deceased is less than 17 years of age or in custody or confinement, the death (or anticipated death) will be investigated by MCU.

H.Suspected Drug Overdose

Cases of a sirspected drug overdose resulting in death or serious bodily injury require special attention. The purpose of the investigation in each case is to determine, to the extent possible, the cause, maimer, and circumstances surrounding the drug overdose, the identity of the ding involved, and the source of the ding. Furnishing scheduled dings that result in the death or serious bodily injury of a person is a serious crime, hi all cases of suspected drug overdose, the following procedures are required:

1. Notification of the Office of Chief Medical Examiner (if death has occurred or is reasonably anticipated) and MCU.

2. Notification of the appropriate MCU and the district supervisor of the Maine Ding Enforcement Agency (MDEA). The MDEA supervisor will determine if sufficient information exists to initiate an investigation into the source of the dmg(s) suspected of causing the overdose. The responding agency, in consultation with MCU. is primarily responsible for all aspects of the investigation, to include proper crime scene processing and coordination with the Office of Chief Medical Examiner and MDEA. The MDEA supervisor will immediately notify the appropriate prosecutor of the suspected overdose and the ensuing investigation.

3. A thorough scene investigation is necessary to determine the cause, maimer, and circumstances surroimding the overdose. This includes witness statements, inventory of any drugs or ding paraphernalia, cell phone information, information about the victim's medical or mental health history, and identification of all known treating physicians. One aspect of an investigation is to determine if the victim possessed any drugs other than those legally prescribed.

4. Medications, illicit drugs, or substances thought to be illicit dings at the scene are to be secured as evidence. Do not leave such evidence with the body for transport or at a funeral home. Inventory and record the evidence and fax a copy of the inventory or evidence receipt to the Office of Chief Medical Examiner at 6247178.¹⁰ A proper inventory of the items includes the name of the drug, the dosage, the date of prescription, the number of pills prescribed, the number of pills remaining, the name of the prescribing physician, and the name of the dispensing pharmacy. If there is reason to believe that the victim ingested medications prescribed to someone else, those medications should likewise be inventoried. (A fonn for documenting this inventory is attached.)

5. The actual cause of death in suspected drug overdoses is not readily apparent, and may not be determined for several weeks pending the results of toxicology. These cases are to be investigated until the investigating agency. MCU. and the Office of Chief Medical Examiner have determined no further investigation is necessaiy and or the cause and maimer of death are determined.

I.In-wafer Death

Deaths of persons found in water require notification to the Office of Chief Medical Examiner and the appropriate MCU. and may be specially investigated because of the different technical approach and types of inquiry needed in pursuing such investigations. There are three types of categories for water-related deaths: accidental, suicidal, and homicidal. When law enforcement officers respond to the scene of an aquatic marine related death and foul play is either obvious or suspected, the responding officer should follow this protocol as stated in Section II and HI above. The decision to specially investigate will be made on a case-by-case basis by the Office of Chief Medical Examiner, usually in collaboration with an appropriate police authority and the Attorney General's Office. Even when not specially investigated, an investigation is still necessary as in any medical examiner case.

J.Missing Person

hi addition to the requirements set out in state law in the Missing Children Act¹¹, the report of a missing person - child or otherwise - requires within two hours of the report the issuance of a File 6 and inclusion in the computer files of the Maine State Police and National Crime Information Center (NCIC). Within eight (8) hours of the missing person report, notification of MCU is required unless there are suspicious or unusual circumstances, in which case immediate notification of MCU is required. An example of ''unusual circumstances" is a reported absence under circumstances inconsistent with established patterns of behavior.

State law also requires that the Office of Chief Medical Examiner maintain information on missing persons.¹² Accordingly, if a person reported as missing is not located within 24 hours of the report, notification to the Office of Chief Medical Examiner is required.

K.Line-of-duty death of a firefighter. It is imperative to notify the Office of the State File Marshal as soon as possible in the event of the death of a firefighter in the line of duty. The federal Public Safety Officers Benefits (PSOB) Program provides death and education benefits to survivors of fallen firefighters, and the State Fire Marshal is the entity that carries out the provisions of a Line-of-Duty Death Response Plan that will assure compliance with the requirements of the PSOB Program.

V. PUBLIC STATEMENTS

Only the Office of the Attorney General is authorized to disseminate information or public statements in homicide or suspected homicide cases. The appropriate MCU may disseminate information in these cases only after consultation with and approval of the Office of the Attorney General.

A. Examples of information that may be released in investigations covered by this Protocol, other than homicide or suspected homicide cases:

1. Unless confidential pursuant to law. the identity of a victim, if confirmed and not in question, after notification of family or next of kin. If there is any question as to the identity, the information remains confidential.

2. Information regarding the cause, manner, and cir cumstances of a death, but only with authorization of and after consultation with the Office of Chief Medical Examiner and the Office of the Attorney General.

3. A brief description, e.g.. limiting fatality, suspicious death, accident, time and place, whether the investigation is in progr ess, and the identity of the investigating agency.

4. A warning to the public of any dangers.

5. A request for assistance in apprehending a suspect or assistance in other matters, if the information released is limited to accomplishing that purpose.

6. The name of a person charged (except a juvenile), age. residence, employment, and marital status.

7. The circumstances immediately surrounding an arrest or charge, including the time and place of the arrest, resistance, pursuit, and possession and use of weapons.

8. The substance or text of the charge, such as a complaint or indictment.

9. Information contained in a public record, stated so as to attribute the information to a public record.

10. The scheduling or result of any step or action in the judicial proceeding.

B. The following types of information should not be released:

1. Information as to the character, reputation, or prior criminal record or mental health history of an accused person or a prospective witness.

2. Admissions, confessions, or a statement or alibi attributable to any accused person, except as otherwise contained in a public record.

3. Tire performance or results of tests or the desire, agreement, or refusal of the accused or any potential witness to take or perform a test, including a polygraph examination.

4. Statements or information concerning the credibility or anticipated testimony of prospective witnesses.

5. The possibility of a plea to the offense charged or to a lesser offense, or other disposition.

6. Opinions concerning evidence or arguments hi the case, whether or not it is anticipated that such evidence or arguments will be used at trial.

7. Opinions as to the guilt of the accused, the evidence, or the merits of the case.

8. General Rule: DO NOT COMMENT ON THE EVIDENCE.

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PROTOCOL FOR THE REPORTING AND INVESTIGATION OF THE USE OF DEADLY FORCE

Authority. The Attorney General has exclusive jurisdiction for the direction and control of any criminal investigation of a law enforcement officer who. while acting in the performance of that officer s duties, uses deadly force.¹ Such use of deadly force will be the subject of an investigation or review and legal analysis by the Office of the Attorney General to determine if its use complied with the applicable provisions of law. Detectives from the Office of the Attorney General will conduct or supervise the investigation, with the assistance of the State Police or other agencies as circumstances require.

Definitions. For purposes of this protocol, "deadly force" has the same meaning as in Title 17-A M.R.S. §2, §§8."Deadly force" means physical force that a person uses with the intent of causing, or that a person know's to create a substantial risk of causing, death or serious bodily injury. ² Except as provided in section 101. subsection 5³, intentionally, knowingly, or recklessly discharging a firearm in the direction of another person or at a moving vehicle constitutes deadly force.

A. Chemical mace or any similar substance composed of a mixture of gas and chemicals that has or is designed to have a disabling effect upon human beings; or

B. A less-than-lethal munition that has or is designed to have a disabling effect upon human beings. For purposes of this paragraph, "less-than-lethal munition" means a low-kmenc energy projectile designed to be discharged from a firearm that is approved by the Board of Trustees of the Mame Cnmmal Justice Academy.

Requirement. A law enforcement agency whose officer uses deadly force while acting in the performance of that officer's duties shall make notification of the event, as soon as practicable, to the Investigation Division of the Office of the Attorney General. The following circumstances in which physical force is used requires reporting by the agency whose officer uses such physical force while acting in the performance of that officer's duties:

1. The use of physical force that in fact causes death or serious bodily injury.

2. The use of physical force under circumstances that in fact create a substantial risk of causing death or serious bodily injury, whether or not death or injury actually results.

3. The use of physical force when it is the officer's intent to cause death or serious bodily injury, whether or not death or injury actually results.

4. The discharge of a firearm in the general direction of another person or at a moving vehicle, whether or not the projectile hits the person or vehicle. (It is not necessary' to report the discharge of a firearm if the discharge is that of a 'less-than-lethal munition." as defined in law. See Footnote 3 above. Also, pointing a firearm at another person without discharging it need not be reported.)

5. Ramming an occupied vehicle, except when the Precision Immobilization Technique (PIT maneuver) is used in the manner trained and under the circumstances permitted for its use and no serious bodily injury' or death results.

6. A roadblock set up to terminate a vehicular pursuit when the roadblock in fact creates a substantial risk of causing death or serious bodily injury to the occupants of the fleeing vehicle or other persons and that in fact results in serious bodily injury or death.

Procedure for reporting. In any of the six mandatory reporting circumstances identified above, the incident must be reported as soon as practicable by the officer's agency to the Investigation Division of the Office of the Attorney General

Contact Investigation Division of the Attorney General's Office Brian MacMaster - Office 626-8520 - Home 582-4870 - Cell 441-0671

Preservation of the scene, electronic media, and witnesses. The scene shall be preserved and cordoned, and involved officers separated by available law enforcement officials until the arrival of a detective from the Office of the Attorney General or a designee whose responsibility' is to coordinate the investigation and or to process the scene. Preserve as soon as possible any electronic media, such as cruiser or body camera video recordings Other than what is necessary to identify and preserve such recordings, no officers may view such recordings prior to the involved officers giving a statement. Do not disturb the scene. In the case of a death, the body of the deceased is not to be moved or disturbed in any way until authorized by the Attorney General's Office or the Office of Chief Medical Examiner, unless the body is in immediate danger of destruction or further damage. Other personnel authorized to access the scene are evidence technicians of the State Police or other agencies or other personnel designated and dispatched under the authority of the Attorney General.

Interviews of officers. During the Attorney General's investigation, no member or representative of an involved law enforcement officer's agency may be present during interviews of the officer, unless previously authorized by the Attorney General's Director of Investigations or the Director's designee No agent of an involved law enforcement officer's agency may issue any order or instruction of any type concerning whether the officer should or should not speak with a detective from the Office of the Attorney General.⁴

Public Statements. No media statements or other public comments regarding a determination of an involved officer's legal justification or criminal culpability may be made or given except by the Office of the Attorney General. Other public comments, particularly as they relate to the facts of a particular event, may not be made or given without prior authorization and coordination with the Office of the Attorney General. Release of the name of an involved officer will be postponed until the officer and the head of the officer's employing agency are notified that the information will be released. ' The name of a decedent or injured person will be released after the family or next of km is notified

The following guidelines relate to the investigation by the Office of the Attorney General of the use of deadly force by a law enforcement officer in the performance of that officer's duties, and govern the release of information to the media or the public during the pendency of the investigation.

Examples of information that may be released:

1. The fact that an incident involving the use of deadly force occurred and. pursuant to statutory' requirements, is being investigated by the Office of the Attorney General.

2. The feet that the investigation is focused upon a determination of whether deadly force was in fact used and whether the use complied with the applicable provisions of law.

3. Wliether person(s) were injured or killed.

4. The identity of person(s) injured or killed to include name. age. residence, occupation, and family status, but only after proper notification of family or next of kin.

5. The time and place of the incident under investigation.

6. The identity of an involved law enforcement officer, to include name. age. and agency affiliation.

7. A brief description of the circumstances of the particular incident, e g., the nature of a call for service, an arrest, a vehicle stop. etc.

Examples of information that may not be released:

1. The details of investigative procedures or speculation upon any matters, legal or otherwise.

2. The character or reputation of any person(s) involved in the incident.

3. The existence or contents of any statement given by any persons involved in the incident, or the failure of any persons to provide statements.

4. The identity of witnesses and any information provided by witnesses.

Appendix O - Holding Facility Monthly Population Report

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¹ References to "MCU" mean the State Police Major Crimes Unit and the respective criminal investigation divisions of the Portland Police Department, and the Bangor Police Department.

² See the attached Death Investigation guide.

³ 17-A M.R.S. §4023

⁴ When death has not occurred, but is probable or reasonably anticipated, die Office of Chief Medical Examiner needs the admission bloods from the first hospital where the patient was treated. Hospitals usually discard blood after seven days unless requested to preserve it. Accordingly, law enforcement must notify die OCME in such cases so that bloods are preserved in possible delayed deaths.

⁵ 15 M.R.S.A. §101- B

⁶ 15 M.R.S.A. §103

⁷ 34-B M.R.S.A. §3862

⁸ See the attached Attorney- General's Protocol for the Reporting of the Use of Deadly Force by a Law Enforcement Officer.

⁹ State law provides that original written or recorded material, including text messages or other electronic media, that may express suicidal intent, eg., "suicide note," must be provided to the Office of Chief Medical Examiner. 22 M.R.S. §3028(5). The law also declares such material to be confidential, i.e., not subject to public access.

¹⁰ See the attached Drug/Medication Inventory fonn.

¹¹ 25 M.R.S. chapter 257.

¹² 22 M.R.S. §3034.

¹ 5 M.R.S.A. §200- A

² As used m subsection S. "serious bodily injury'' means a bodily injury - Le. physical pain, physical illness or any impairment of physical condition - that creates a substantial risk of death or which causes serious, permanent disfigurement or loss or substantial impairment of the function of any bodily member or organ, or extended convalescence necessary for receiving of physical health. 17-A M.R.S. A. §2 (5) and (23).

³ For purposes of this chapter, use by a law enforcement officer, a collections officer or a corrections supervisor of the following is use of nondeadly force:

⁴ This section is necessary to maintain the appropriate legal distinction between the Attorney General's criminal investigation and an administrative or internal affairs investigation by the employing a genes'.

⁵ The name of the subject officer m matters involving the use of deadly force is a matter of public information. 5 MRSA §7070- A. 30-A MRSA §503 (l-A) and §2702 (l-A).

03-201 C.M.R. ch. 1, § V