LD 1360
pg. 4
Page 3 of 7 An Act To Improve the Management and Safety of State Correctional Facilities ... Page 5 of 7
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LR 366
Item 1

 
Sec. 10. 34-A MRSA §3032, sub-§6, as amended by PL 1991, c. 314, §39,
is further amended to read:

 
6. Impartial hearing. If the punishment may affect the term
of commitment, sentence or parole eligibility or may involve
restitution, fines, labor at any lawful work or segregation, the
chief administrative officer of the facility shall, before
imposing punishment, provide an impartial hearing at which the
client has the following rights.

 
A. The client is entitled to be informed in writing of the
specific nature of the alleged misconduct.

 
B. The client is entitled to the right to be present at the
hearing, except that the client may be prevented from
attending or be removed if the client's behavior indicates
that the client is in danger of self-injury or a danger to
other persons or property.

 
C. The client is entitled to present evidence on the
client's behalf.

 
D. The client is entitled to call one or more witnesses,
which right may not be unreasonably withheld or restricted.

 
E. The client is entitled to question any witness who
testifies at the hearing, which right may not be
unreasonably withheld or restricted.

 
F. The client is entitled to be represented by counsel
substitute as prescribed in the rules.

 
G. A record must be maintained of all disciplinary
complaints, hearings, proceedings and dispositions.

 
H. The client is entitled to appeal the final disposition,
before imposition of punishment, to the chief administrative
officer of the facility.

 
I. If, at any stage of the proceedings, the client is
cleared of the charges in a complaint, or the complaint is
withdrawn, all documentation relating to the complaint must
be expunged.

 
Sec. 11. 34-A MRSA §3036-A, sub-§2, śC, as amended by PL 2003, c. 711,
Pt. A, §21 and affected by Pt. D, §2, is further amended to read:

 
C. Except as provided in paragraph C-1, a A prisoner may


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