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was the victim of a crime for which a client was incarcerated, as | verified by the department or the prosecuting attorney, the | department shall disclose the following information to the victim: |
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| A. Whether the client has been charged with committing any | crime while incarcerated and, if so, the crime with which | the client has been charged; and |
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| B. Whether the client has been disciplined while | incarcerated and, if so, the offense for which the | disciplinary action was taken and the type of disciplinary | action taken. |
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| | 3.__Civil violation.__A person who discloses information in | violation of this section commits a civil violation for which a | fine not to exceed $1,000 may be adjudged. |
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| | 4.__Disclosure of confidential information.__The disclosure of | confidential information as provided by this section is also | governed by Title 5, section 9057, subsection 6. |
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| | 5.__Disclosure of information.__Nothing in this section | permits or requires the disclosure of information to the extent | it is designated confidential by another provision of law. |
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| | 6.__Assessment tools.__Documents in the possession of the | department used to screen or assess clients, including, but not | limited to, questionnaires and test materials, are not public | records for purposes of Title 1, chapter 13, subchapter 1.__The | department shall release these documents on request to any other | state agency if necessary to carry out the statutory functions of | that agency and to any committee or study commission established | by the Legislature with authority to examine issues related to | mental health. |
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| | Sec. 11. 34-A MRSA §3003, as amended by PL 2001, c. 452, §15, is | repealed. |
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| | Sec. 12. 34-A MRSA §3036, as amended by PL 1999, c. 583, §13, is | repealed. |
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| | Sec. 13. 34-A MRSA §3036-A, sub-§10, as enacted by PL 2001, c. 141, | §2, is amended to read: |
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| | 10. Terminally ill prisoner. With the consent of the | prisoner, the commissioner may permit a prisoner committed to the | department to be transferred from a correctional facility to | supervised community confinement without meeting the requirements | of subsection 2, paragraphs B and C if the facility's treating | physician has determined that the prisoner is terminally ill and |
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