Representative Ralph Chapman has submitted the following language for a bill to reform interstate transfer of Maine prisoners. It is likely to come out slightly modified.
It has yet to come back to him from the Legislative Info Office in final draft. It may be possible to get the new administration's support as little if any cost is involved and it is a good-for-many-Maine-families bill that discourages use of exile as punishment, but allows it for the public good if necessary. I have corresponded with some of the exiled inmates and their families and learned the sometimes gruesome stories of Mainer inmates' lives in other states' prisons, and of the incredible difficulty in getting returned to MSP. Please contact me if you would like to help get this bill passed through the legislature and signed by the governor. It'll take some organizing...
Ron Huber, coastwatch@gmail.com 207-593-2744
The bill amends the following section of state law: (it may end up being parceled out among several of the nine paragraphs in this Article IV section of the state law.)
"However, no inmate sentenced under Maine law may be committed or transferred to an institution outside of this state, unless he or she has executed a written consent to the transfer, or a non-consent transfer is approved by the Maine court of jurisdiction. The inmate shall have the right to a private consultation with an attorney of his choice, or with a public defender if the inmate cannot afford counsel, concerning his rights and obligations under this section, and shall be informed of those rights prior to executing the written consent."
"At any time more than 1 year after the transfer, the inmate shall be entitled to revoke his consent and to transfer to an institution in this state, unless continuation of transfer is obtained through the court. In such cases, the transfer shall occur within the next 30 days. The inmate shall have the right to legal representation if a non-consent continuation of transfer is being sought through the court."
" Grandfather clause: All inmates sentenced under Maine law that were transferred outside of this state without consent prior to passage of this act shall be entitled to transfer to an institution in this state. In such cases the return shall occur within 30 days, unless a continuation of transfer is approved by the state court of jurisdiction.
It has yet to come back to him from the Legislative Info Office in final draft. It may be possible to get the new administration's support as little if any cost is involved and it is a good-for-many-Maine-families bill that discourages use of exile as punishment, but allows it for the public good if necessary. I have corresponded with some of the exiled inmates and their families and learned the sometimes gruesome stories of Mainer inmates' lives in other states' prisons, and of the incredible difficulty in getting returned to MSP. Please contact me if you would like to help get this bill passed through the legislature and signed by the governor. It'll take some organizing...
Ron Huber, coastwatch@gmail.com 207-593-2744
The bill amends the following section of state law: (it may end up being parceled out among several of the nine paragraphs in this Article IV section of the state law.)
MRSA 34-A §9404. Interstate Compact. Procedures and Rights--Article IV
Existing: "Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within an institution within the territory of the other party state, the receiving state to act in that regard solely as agent for the sending state." (existing law has eight more paragraphs)
NEW: Add elements of following 3 paragraphs:"However, no inmate sentenced under Maine law may be committed or transferred to an institution outside of this state, unless he or she has executed a written consent to the transfer, or a non-consent transfer is approved by the Maine court of jurisdiction. The inmate shall have the right to a private consultation with an attorney of his choice, or with a public defender if the inmate cannot afford counsel, concerning his rights and obligations under this section, and shall be informed of those rights prior to executing the written consent."
"At any time more than 1 year after the transfer, the inmate shall be entitled to revoke his consent and to transfer to an institution in this state, unless continuation of transfer is obtained through the court. In such cases, the transfer shall occur within the next 30 days. The inmate shall have the right to legal representation if a non-consent continuation of transfer is being sought through the court."
" Grandfather clause: All inmates sentenced under Maine law that were transferred outside of this state without consent prior to passage of this act shall be entitled to transfer to an institution in this state. In such cases the return shall occur within 30 days, unless a continuation of transfer is approved by the state court of jurisdiction.
End of submitted bill language. 