§ 34-A §3036-A — Supervised community confinement program

1.
Establishment.
The commissioner shall adopt rules establishing and governing a supervised community confinement program for certain prisoners committed to the department.
2.
Participation and eligibility.
The commissioner may transfer any prisoner committed to the department from a correctional facility to supervised community confinement subject to the following restrictions.
2-A.
Criteria and process.
The commissioner shall establish criteria and a process for determining whether a prisoner eligible for transfer to supervised community confinement as provided in subsection 2 is approved for transfer. The primary determining factor for approval must be the prisoner's likelihood of completion of supervised community confinement if transferred.
2-B.
Additional process for prisoners incarcerated for crime committed against family or household member or dating partner.
In addition to the process required by subsection 2‑A, in determining whether a prisoner incarcerated for a crime that was committed against a family or household member, as defined in Title 19‑A, section 4102, subsection 6, or dating partner, as defined in Title 19‑A, section 4102, subsection 4, is approved for transfer, the process under this subsection must provide for the following:
3.
Mandatory conditions for supervised community confinement.
Prisoners transferred to supervised community confinement are subject to the following mandatory conditions.
4.
Additional conditions.
In addition to the mandatory conditions, the conditions of supervised community confinement that may be imposed on a prisoner at any time include:
5.
Copy of rules.
Copies of rules must be provided to prisoners as follows.
6.
Prohibited acts.
Prohibited acts under this section are governed as follows.
7.
Investigation of compliance.
The commissioner, at any time and in any manner the commissioner determines appropriate, may investigate compliance with the conditions imposed. The means of investigation may include, but are not limited to, the following:
8.
Funding.
Funds generated pursuant to this section must be deposited into the Supervised Community Confinement Account established by the department, except that where authorized by the department, a person participating in the supervised community confinement program may be required to pay fees directly to a provider of electronic monitoring, drug testing or other services. Funds from this account, which may not lapse, must be used to pay for the costs of the supervised community confinement program.
9.
Probation violation; revocation.
If a prisoner on supervised community confinement violates a condition of supervised community confinement imposed on the prisoner and if the violation conduct is also a violation of a condition of probation imposed as part of the sentence the prisoner is serving while on supervised community confinement, a probation officer may file with any court a motion for revocation of probation and the court may revoke probation as specified in Title 17‑A, section 1812.
10.
Terminally ill or incapacitated prisoner.
With the consent of the prisoner, the commissioner may transfer a prisoner committed to the department from a correctional facility to supervised community confinement without meeting the eligibility requirements of subsection 2, paragraphs B and C and without meeting the criteria or fulfilling the process provided for under subsections 2‑A and 2‑B if the department's director of medical care has determined that the prisoner has a terminal or severely incapacitating medical condition or has a worsening prognosis that is likely to result in a terminal or severely incapacitating medical condition and that care outside a correctional facility is medically appropriate. Except as set out in this subsection, the prisoner must live in a hospital or other appropriate care facility, such as a nursing facility, residential care facility or a facility that is a licensed hospice program pursuant to Title 22, section 8622, approved by the commissioner. As approved by the commissioner, the prisoner may receive hospice services from an entity licensed pursuant to Title 22, chapter 1681, subchapter 1 or other care services provided by an entity approved by the commissioner and, subject to approval by the commissioner, may live at home while receiving these services. The commissioner may exempt a prisoner transferred to supervised community confinement pursuant to this subsection from any mandatory condition under subsection 3 that the commissioner determines to be inapplicable. The prisoner shall provide any information pertaining to the prisoner's medical condition or care that is requested by the commissioner at any time while the prisoner is on supervised community confinement. If the commissioner determines that the prisoner has failed to fully comply with a request or if at any time the department's director of medical care determines that the prisoner does not have a terminal or severely incapacitating medical condition or a worsening prognosis that is likely to result in a terminal or severely incapacitating medical condition or that care outside a correctional facility is not medically appropriate, the commissioner shall revoke the transfer to supervised community confinement.
11.
Revocation of transfer.
The commissioner may revoke a transfer to supervised community confinement at any time for any reason in the commissioner's discretion.
12.
Information for prisoners.
The department shall make available to all prisoners written information about supervised community confinement, including eligibility requirements, the application process and the criteria and process for determining whether a prisoner eligible for transfer to supervised community confinement may be approved for transfer. The department shall include information about the determination and approval process for prisoners who have a terminal or severely incapacitating medical condition or have a worsening prognosis that is likely to result in a terminal or severely incapacitating medical condition and for whom care outside a correctional facility is medically appropriate. The department shall publish this information on its publicly accessible website.
13.
Data tracking.
The department shall track data for all prisoners who apply for supervised community confinement and approval, denial and, if approved, completion of the program. The department also shall track data for all prisoners who are transferred to supervised community confinement under subsection 10. Such data must include, but is not limited to, demographic data regarding race and ethnicity, gender, age and convictions leading to the prisoner's current incarceration. The department shall publish monthly on its publicly accessible website the data tracked pursuant to this subsection in a manner that does not violate the confidentiality requirements of section 1216 or any other provision of state or federal law.

Legislative History

PL 1991, c. 845, §4 (NEW). PL 1993, c. 170, §1 (AMD). PL 1993, c. 503, §1 (AMD). PL 1997, c. 464, §12 (AMD). PL 2001, c. 141, §§1,2 (AMD). PL 2003, c. 205, §13 (AMD). PL 2003, c. 711, §§A21,22 (AMD). PL 2003, c. 711, §D2 (AFF). PL 2005, c. 68, §2 (AMD). PL 2007, c. 240, Pt. ZZZ, §2 (AMD). PL 2007, c. 536, §4 (AMD). PL 2009, c. 391, §§16, 17 (AMD). PL 2017, c. 407, Pt. A, §154 (AMD). PL 2019, c. 113, Pt. C, §§91-95 (AMD). PL 2021, c. 376, §§1-7 (AMD). PL 2023, c. 399, §§1, 2 (AMD). PL 2023, c. 659, §§2-4 (AMD). PL 2025, c. 360, §§1-4 (AMD).