Code of Maine Rules
03 - DEPARTMENT OF CORRECTIONS
201 - DEPARTMENT OF CORRECTIONS/GENERAL
Chapter 1 - DETENTION AND CORRECTIONAL STANDARDS FOR COUNTIES AND MUNICIPALITIES
Section 201-1-I - GLOSSARY OF TERMS

Current through 2024-38, September 18, 2024

ADMINISTRATION (of medication) - The act of giving a single dose of an identified drug to a patient that has been ordered/approved by the healthcare provider, i.e. Medical Doctor, Physician Assistant, Nurse Practitioner.

ADMINISTRATIVE SEGREGATION - A form of separation from the general population when the continued presence of the inmate in the general population would pose a serious threat to the safety of self, staff, volunteers or other inmates; to the security or orderly running of the institution; or to property. Inmates pending investigation for trial on a criminal act committed within the facility or pending transfer can also be included. (See also Protective Custody).

ADMINISTRATOR - Authorized person who is responsible for the operation and management of a jail, holding facility, minimum security residential facility, or short-term detention area.

BOARDER - For purposes of financial data reporting, boarders will be determined using the following definitions:

BOARD IN: Inmate or detainee initially confined in another facility who through mutual agreement by Sheriff(s) or designee(s) is being housed at this facility. This individual will be counted at the facility where they are physically located at midnight. BOARD OUT: Inmate or detainee initially confined to this facility who through mutual agreement by Sheriff(s) or designee(s) is being housed at another facility. This individual will be counted at the facility where they are physically located at midnight. HUB: Inmate or detainee who is being transported from one facility to another facility through the transportation hub system. This individual will be counted at the facility where they are physically located at midnight. PROBATION HOLD: Detainee who remains on the facility's headcount until, if applicable, the originating county takes custody. SWAP: Inmates and/or detainees who through mutual agreement by Sheriff(s) or designee(s) will each be considered a boarder. WARRANT: Detainee who remains on the facility's headcount until, if applicable, the originating county takes custody or through mutual agreement by Sheriff(s) or designee(s) then becomes a boarder. WRIT: Inmate or detainee confined in a facility on a writ is not considered a boarder.

BOOKING - Booking is both a law enforcement process and a detention facility procedure. As a law enforcement administrative action, it is an official recording of an arrest and the identification of the person, place, time, arresting authority, and reason for the arrest. In the detention facility, it is a procedure for the admission of a person charged with or convicted of an offense, which includes searching, fingerprinting, photographing, healthcare screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's personal property.

CHEMICAL AGENT - An active chemical substance used as a form of non-deadly force to prevent injury or property damage.

CLASSIFICATION - A process for determining the risk levels and needs of inmates for the purpose of assigning them to housing units and programs according to their risks and needs.

CONTRABAND - A dangerous weapon, any tool or other item that may be used to facilitate an escape, anything that a person confined in official custody is prohibited by statute from making, possessing or trafficking in or a scheduled drug, unless the drug was validly prescribed to the person in official custody and was approved for use by the person pursuant to the procedures of the facility, an alcoholic beverage, or tobacco or tobacco products if the facility has banned the use of tobacco or tobacco products by inmates.

CONTROL CENTER - A secure area within a facility that is equipped with the following systems in order to maintain security and control of the facility at all times:

Locking systems (both manual and electronic) that control access to, egress from, as well as movement within the facility security perimeter; Facility communication systems; Alarm systems; and Video/audio monitoring systems.

The facility dictates whether the control center is established for corrections functions only or is combined with other functions (such as law enforcement).

DAYSPACE - A secure area directly adjacent to an inmate cell/room area to which inmates may be admitted for activities such as bathing, exercise, recreation, and dining. Spaces originally designed for circulation, such as corridors, are not day spaces.

DEPARTMENT - The Maine Department of Corrections

DETAINEE - Any person confined in a jail, holding facility, or short-term detention area who is not serving a sentence for a criminal offense.

DETENTION - The holding of a person in a facility characterized by either physically restrictive construction or intensive staff supervision that is intended to prevent a person who is placed in or admitted to the facility from departing at will.

DETENTION AREA - The spaces in a facility routinely used for detention functions, including cells, corridors, processing areas, and other spaces where detainees may be present.

DIRECT SUPERVISION - A style of construction designed to facilitate direct contact and enable supervision of inmate(s) or detainee(s) by an officer assigned to a specific unit and present on a continuous basis during waking hours.

DISCIPLINARY SEGREGATION - A form of separation from the general population in which inmates committing violations of facility rules are confined by the disciplinary committee or other authorized group for short periods of time to individual cells separated from the general population. Placement in disciplinary segregation may only occur after a finding of a violation at an impartial hearing.

ESSENTIAL STANDARD - A standard based on established professional correctional practices that have been found necessary to protect the health and safety of inmates and staff as well as the security of the jail. 90% compliance with essential standards is required for a jail to be licensed by the Maine Department of Corrections.

EVIDENCE-BASED PRACTICE - A strategic and deliberate method of applying empirical knowledge and research-supported principles to correctional system decisions made at the case, agency and system level.

EXIGENT CIRCUMSTANCES - An emergency situation requiring swift action to prevent imminent danger to life, serious bodily injury or serious damage to property, or to forestall imminent escape or destruction of evidence.

FACILITY - A jail, holding facility, short-term detention area, minimum security residential facility or temporary holding resource including the buildings and site.

FOOTCANDLE - A unit of illuminance or illumination, equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot.

FURLOUGH - A form of temporary release under which an inmate leaves a facility to go into the community, supervised or unsupervised, for purposes consistent with the inmate's educational, rehabilitative or personal needs.

GENERAL POPULATION - Inmates not relegated to segregation, observation, or temporary holding status.

GOOD TIME OR DEDUCTIONS - A system established by law whereby a convicted offender is credited a set amount of time, which is to be subtracted from his/her sentence, for specified periods of the sentence served for good behavior, work or program participation.

GRIEVANCE - A written complaint filed by an inmate with designated facility personnel concerning personal health and welfare or the operations and services of the facility.

HEALTH CARE - The sum of all action taken, preventive and therapeutic, taken by licensed professionals to provide for the physical and mental well-being of the facility population. Health care includes medical and dental services, mental health services, nursing, and dietary services.

HEALTH CARE PROVIDER - An individual or agency responsible for the provision of health care services to inmates in accordance with a written agreement with the facility administration.

HEALTH CARE RECORDS - Records pertaining to the health care provided to inmates and maintained by the responsible health care provider.

HEALTH SCREENING - A system of structured observation and initial health assessment to identify whether or not newly arrived inmates have a medical or mental health condition that may pose a threat to themselves or others.

HOLDING CELL - A cell within a facility that is used to hold one person temporarily while he/she awaits booking, court appearance, or discharge.

HOLDING FACILITY - A facility or part of a building used for the detention of adult pretrial detainees prior to arraignment, release or transfer to another facility or authority for periods of up to 48 hours. "Holding facility" also means a county jail or part of a jail used for the detention of adult inmates, whether detained pending a trial or other court proceeding or sentenced for periods of up to 72 hours excluding Saturday, Sunday and legal holidays and excluding days during which the inmate is at court.

HOUSING AREA - An area containing maximum security, medium security, minimum security or segregation cells or rooms, excluding holding, detoxification, or infirmary cells or rooms, and containing day space, space provided for sleeping, storage of approved personal effects, personal hygiene accommodations, and activities.

INDIGENT INMATE - An inmate is considered indigent whenever he/she has a zero balance in his/her account at the facility and has no funds in a personal savings account or investment at the time of making a request for free privileged mail, free legal photocopies or free basic hygiene items.

INFORMATION SYSTEM - Includes the concepts, personnel and supporting technology for the collection, organization, and delivery of information for administrative use. There are two types of information:

INMATE - An adult, whether in pretrial, convicted or sentenced status, who is confined in a jail, holding facility, minimum security residential facility, alternative sentencing program or home release electronic monitoring program.

INMATE RECORDS - Information concerning the individual's personal, criminal, and healthcare history, behavior, and activities while in custody, including but not limited to: commitment papers, court orders, detainers, personal property receipts, visitors list, photographs, fingerprints, type of custody, disciplinary violations and actions taken, grievance reports, work assignments, program participation, and miscellaneous correspondence.

INTERMITTENT SUPERVISION - The supervision of an inmate by an assigned correctional officer within an established time frame according to an inmate's risk level. (example: maximum security every 15 minutes)

JAIL - A confinement facility operated by a county or multi-county jail authority which holds persons detained pending adjudication and/or persons committed after adjudication for misdemeanor sentences or for felony sentences of nine months or less.

JUVENILE - Any person who had not attained the age of 18 years at the time of commission of a juvenile offense.

LIFE SAFETY CODE - A manual published by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest.

MAJOR INFRACTION - A violation of inmate rules that is punishable by actions which could affect release time or actions which could result in a major change in conditions of confinement.

MANDATORY STANDARD - A standard which has a basis in case law, State and federal statutes & regulations, or codes intended to protect the rights and or safety of inmates, staff, and the public. 100% compliance with mandatory standards is required for licensing.

MAXIMUM SECURITY HOUSING - A part of the facility in which maximum security inmates are housed. Such an area has the highest level of physical and operational security.

MAXIMUM SECURITY INMATE - An inmate who is not allowed to intermingle with inmates of other classifications and who may be allowed to participate in group activities only under direct staff supervision. An inmate may be assigned this classification because of assaultive behavior, a threat to staff, volunteers, or other inmates, a serious escape threat, or a threat to good order of the facility.

MEDIUM SECURITY INMATE - An inmate who may be allowed, under direct or indirect staff supervision, to participate routinely in group activities and to intermingle with inmates of other classifications. An inmate is assigned this classification when it is determined that the inmate is not normally assaultive, is not a serious escape threat, does not pose a significant threat to staff, volunteers, or other inmates, and does not pose a significant threat to the good order of the facility.

MINIMUM SECURITY INMATE - An inmate who may be allowed, under direct or indirect staff supervision, to work outside the facility, participate routinely in group activities, and intermingle with inmates of other classifications. An inmate is assigned this classification when it is determined that the inmate is not assaultive and does not pose a threat to staff, volunteers, or other inmates, an escape threat, or a threat to the good order of the facility.

MINOR INFRACTION - A violation of inmate rules which is punishable by actions which do not affect release time or actions which do not result in a major change in conditions of confinement, but which may result in a short-term restriction or loss of privileges.

OBSERVATION - A temporary status to observe and control the behavior of an inmate who presents a high likelihood of imminent harm to self or others, presents a substantial and imminent threat of destruction of property, or demonstrates a risk of escape.

OBSERVATION CELL - A cell used to temporarily house an inmate who is suicidal, intoxicated or generally in need of close supervision and observation.

POST - A secure or non-secure area that provides space and equipment to permit a facility staff member to carry out defined job responsibilities. The area may be a writing surface, office, or cubicle. The level of security for a workstation depends on program needs and whether controls or access to certain areas need to be protected

POST ORDER - A written description of the major responsibilities and operational practices required to be carried out by those staff assigned to a post.

PREA - Prison Rape Elimination Act (PREA), a federal law enacted in 2003, created to eliminate sexual abuse in confinement.

PREA COORDINATOR - Supervisory level staff person appointed by the Sheriff or Administrator, who is responsible for the management and monitoring of the facility's compliance with applicable PREA standards.

PRIVILEGED CORRESPONDENCE - Correspondence concerning a legal matter or official government business in any jurisdiction involving an inmate if the correspondence is between that inmate and any of the following:

PROTECTIVE CUSTODY - Special housing to reasonably ensure the personal safety of inmates for reasons and circumstances determined by trained staff.

RATED CAPACITY - The number of inmates a facility may house in accordance with standards under full, normal operation without the addition of extra beds or mattresses to accommodate overcrowding. A facility's rated capacity is approved by the Department.

RESTRAINT EQUIPMENT - Any physical or mechanical device, materials or equipment attached or adjacent to the inmate's body that he or she cannot easily remove which restricts an inmate's movement, physical activity, or normal access to his or her body and others.

SAFETY EQUIPMENT - This includes firefighting equipment, (chemical extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler systems, portable breathing devices), gas masks, fans, first aid kits, stretchers, emergency alarms, and other items necessary to ensure the safety of facility staff, inmates, visitors and/or property.

SALLY PORT - An enclosed area situated either in the perimeter wall or fence of the facility or within the interior of the facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there will be no breach in the perimeter or interior security of the facility.

SECURE DETENTION FACILITY - A facility characterized by physically restrictive construction that is intended to prevent a person who is placed in or admitted to the facility from departing at will.

SECURE PERIMETER - The outer boundaries of a facility which provide for secure confinement of inmates. This perimeter may vary for individual inmates, depending upon their security classification.

SECURITY DEVICES - Includes physical plant fixtures and architecture which prevent entry and/or egress of inmates and visitors. Devices include, but are not limited to, electronic monitoring equipment, security alarm systems, security light units, auxiliary power supply, and other equipment used to maintain facility security.

SEGREGATION - The confinement of an inmate to a cell that is separated from the general population. There are two forms of segregation: administrative segregation, which may include protective custody, and disciplinary segregation.

SIGHT/SOUND SEPARATION - Sight separation is defined as no clear visual contact between incarcerated males & females and adults & juveniles within close proximity to each other. Sound separation is defined as no direct oral communication between incarcerated males & females and adults & juveniles.

SHORT-TERM DETENTION AREA - A section of a building used for the detention of arrestees/inmates for periods of up to six hours.

SPECIAL MANAGEMENT INMATES - An inmate is considered special management status when any one of the following criteria is met:

STAFF MEMBER - For the purposes of these standards, employees who have detention and/or corrections responsibilities.

STAFFING ANALYSIS - The process of determining and developing staff assignment patterns for a facility following a change in the facility's operations, physical plant or other contributing factors.

STAFFING INVENTORY - A comprehensive schedule of staff post assignments and positions within the facility that meets applicable standards requirements.

STRIP SEARCH - A search that requires a person to remove or arrange some or all clothing so as to permit a visual inspection of the person's breasts, buttocks or genitalia.

SUPERVISORY STAFF - Facility staff charged with the responsibility of supervising other staff and ensuring compliance with standards, policy, procedures, and other operational practices during their tour of duty.

TEMPORARY RELEASE - A period of time during which an inmate is allowed to leave the program or institution and go into the community unsupervised for purposes consistent with the public interest.

TRAINING - An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at an institution of higher learning, through contract service, at professional meetings, or through closely supervised, on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above training elements.

VARIANCE - An application process by which a county or municipality may request a temporary departure from a mandatory standard when the intent of a standard can be achieved in a different manner without posing a risk to the safety or security of the facility, staff or inmates. Variances are approved through the Office of the Commissioner.

WORK RELEASE - A formal arrangement whereby an inmate is permitted to leave confinement to maintain approved and regular employment in the community, and returns to custody during nonworking hours.