CHAPTER 68
H.P. 261 - L.D. 348
An Act To Expand the Home-release Monitoring Program for a Person with a Terminal Illness
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §1659, sub-§8 is enacted to read:
8. Terminally ill inmate. The sheriff may grant the privilege of participation in a home-release monitoring program to an inmate who does not meet the requirements of subsection 2, paragraph D if the jail's treating physician has determined that the inmate is terminally ill and that care outside the jail for the remainder of the inmate's illness 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 and, subject to approval by the sheriff, may live at home while receiving these hospice services. The sheriff may exempt an inmate participating in home-release monitoring pursuant to this subsection from any requirements under subsection 3 that the sheriff determines to be inapplicable. The sheriff may terminate an inmate's participation in a home-release monitoring program under this subsection at any time and return the inmate to confinement for any reason in the sheriff's discretion. Except as set out in this subsection, all other provisions of this section apply to home-release monitoring pursuant to this subsection.
Sec. 2. 34-A MRSA §3036-A, sub-§10, as amended by PL 2003, c. 205, §13, is further amended to read:
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 that care outside the correctional facility for the remainder of the prisoner's illness is medically appropriate. The Except as set out in this subsection, the prisoner shall live in a hospital or other appropriate care facility, such as a nursing facility or, 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 and, subject to approval by the commissioner, may live at home while receiving these hospice 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.
Effective September 17, 2005.
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