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Page 1 - 132LR1217(05)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
S.P. 769 - L.D. 1962
An Act to Increase Legislative Access to Department of Corrections Facilities
and to Direct the Commissioner to Establish Rules Regarding Legislator
Access to Correctional and Detention Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §3001-A, sub-§1, as amended by PL 2023, c. 383, §2, is
further amended to read:
1. Appointment. The Except as provided in paragraph H, the Governor shall appoint
a board of 7 visitors for each correctional facility under the department, as authorized by
Title 5, section 12004‑I, subsection 5.
A. The terms of the members of the boards of visitors are for 3 years.
B. Members of the boards of visitors are eligible for reappointment at the expiration
of their terms.
C. A member of the Legislature or an employee of the department may not serve on
any board of visitors.
D. At least one member of each board must be a person licensed by this State to provide
mental health services.
E. Each member of the boards of visitors must be compensated according to the
provisions of Title 5, chapter 379.
F. The Governor shall appoint a chair from the membership.
G. At least one member of each board of visitors must have been incarcerated in a
correctional facility.
H. If a vacancy occurs within a board of visitors, the commissioner shall provide notice
to the Governor, the President of the Senate and the Speaker of the House of
Representatives within 5 days of the vacancy. A vacancy on a board of visitors under
this section must be filled by the Governor within 90 days of the notice of vacancy. If
the Governor fails to appoint a member within 90 days of the notice of vacancy, the
President of the Senate and the Speaker of the House of Representatives shall jointly
appoint a member to fill the vacancy pursuant to this subsection.
LAW WITHOUT
GOVERNOR'S
SIGNATURE
APRIL 19, 2026
CHAPTER
765
PUBLIC LAW
Page 2 - 132LR1217(05)
Sec. 2. 34-A MRSA §3001-B is enacted to read:
§3001-B. Legislator access to correctional facilities and detention facilities
A Legislator may access correctional facilities and detention facilities in accordance
with rules adopted by the commissioner. In accordance with section 1402, subsection 3,
the commissioner shall adopt rules governing a Legislator's access to correctional facilities
and detention facilities. Rules adopted pursuant to this subsection are major substantive
rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3. Rules regarding Legislator access. The Commissioner of Corrections
shall submit major substantive rules to the Legislature pursuant to the Maine Revised
Statutes, Title 34-A, section 3001-B by January 31, 2027. The rules must include provisions
regarding:
1. A Legislator's access to physical areas of correctional facilities and detention
facilities;
2. A Legislator's access to clients and staff; and
3. The circumstances in which a chief administrative officer may deny a Legislator
access to correctional facilities and detention facilities.