7. Employment in other county. The court sheriff may by order authorize the sheriff, to whom the prisoner is committed, to arrange with another sheriff for the employment of the prisoner in the other's county, and while so employed to be in the other's custody, but in other respects to be and continue subject to the commitment.

9. Denial of privilege. The sheriff may refuse to permit prisoners to exercise their privileges to leave the jail, as provided in subsection 1, for any breach of discipline or other violation of jail regulations. Any prisoner so disciplined may petition either the District Court or the Superior Court for a review of that disciplinary action. The court, after review, shall make any order that it considers appropriate.

Sec. 4. 30-A MRSA §1606, sub-§1, as corrected by RR 1991, c. 2, §114, is amended to read:

1. Participation in public works projects authorized. The sheriff in charge of a county jail may permit certain inmates of that jail to participate in public works-related projects and or in the improvement of property owned by charitable organizations if the public works project or the property of the charitable organization is in the county where the jail is located. The sheriff may request payment from charitable organizations for the transportation of the prisoners and for the transportation and per diem compensation for any guards who accompany the prisoners. For the purposes of this section, "charitable organization" means any nonprofit organization organized or incorporated in this State or having a principal place of business in this State that is exempt from federal income taxation under the United States Internal Revenue Code of 1986, Section 501(a), because the nonprofit organization is described in the United States Internal Revenue Code of 1986, Section 501(c)(3). Before an inmate is permitted to participate in this type of project, the judge or justice who originally sentenced the inmate to the county jail must sign an approval to the inmate's participation.

Sec. 5. 30-A MRSA §1659, first ¶, as amended by PL 1999, c. 247, §1, is further amended to read:

The sheriff of each county may establish and maintain a home- release monitoring program to permit certain inmates, approved by the court in which they were sentenced, to be released and monitored electronically or by intensive supervision by the county and to live at their residences as a portion of the term of incarceration.

Sec. 6. 30-A MRSA §1659, sub-§1, as amended by PL 1999, c. 247, §2, is further amended to read:

1. Petition. A sheriff, upon written request from an inmate eligible for participation in a home-release monitoring program and recommended by the jail administrator, may petition the court in which the inmate was sentenced for authorization to electronically monitor or intensively supervise and to release the inmate to participate in a home-release monitoring program established in that county. Unless the court expressly grants the privilege of home release, the inmate is sentenced to ordinary confinement. The court may withdraw the privilege of home release at any time by order entered with or without notice of hearing. At the time of granting this privilege, the court shall determine whether the inmate is responsible for the cost of participating in the home-release program based on the inmate's ability to pay.

Sec. 7. 30-A MRSA §1659, sub-§4, as enacted by PL 1991, c. 224, is amended to read:

4. Termination of the privilege. The sheriff, jail administrator or a designee may terminate an inmate's participation in a home-release monitoring program at any time and return the inmate to confinement for any violation of the conditions of the inmate's release. Any inmate whose participation is terminated may petition the District Court or the Superior Court for a review of that termination. The court, after review, shall make an order that the court considers appropriate.

SUMMARY

This bill gives county sheriffs greater control over their increasing costs of boarding prisoners by allowing county sheriffs to make decisions concerning prisoner employment, participation in public works and participation in electronic monitoring and intensive supervision outside the jail. It also makes clear that a prisoner can qualify for a reduced sentence through performing public service work, whether that work is performed on the property of a charitable organization or on property of the county.