VI.
PROCEDURES
Procedure A: Identification of Prisoners and Juvenile
Clients with Court Ordered Restitution or Fines
1. The Classification staff at each facility
shall review, within thirty (30) days of a prisoner's or juvenile client's
commitment to the Department, the judgment and commitment order(s) and
conditions of probation for each prisoner or juvenile client at the facility to
determine if the court has ordered the payment of restitution or a fine. The
staff shall also review the Initial Placement Form or Juvenile Initial
Placement Form and, where appropriate, other information provided by Adult or
Juvenile Community Corrections.
2.
When completing the Initial Placement Form (Attachment A) or Juvenile Initial
Placement Form (Attachment B), the Probation Officer determining the placement
shall complete the Restitution section of the form advising the receiving
facility of whether or not restitution has been ordered, any applicable Docket
Number, and restitution amount (if any).
3. If restitution has been ordered, but a
specific restitution amount is not known at the time of the Initial Placement,
the Probation Officer shall provide the restitution information listed above as
soon as it is known.
4. When
completing the Initial Placement Form or Juvenile Initial Placement Form, the
Probation Officer shall complete the Fine section of the form advising the
receiving facility of whether or not a fine has been ordered, any applicable
Docket Number, and fine amount (if any). An assessment under
5 M.R.S.A. Section
3360-I is considered part of the
fine.
5. In the case of a prisoner
or juvenile client who receives a new judgment and commitment or a new
condition of probation while incarcerated, the Classification staff at the
facility shall review the documents, within thirty (30) days of their receipt
from the court, to determine if the court has ordered the payment of
restitution or a fine.
6. In all
cases in which a prisoner or juvenile client has an active docket number
(current or consecutive sentence or disposition at the time of commitment to
the Department) with court ordered restitution, the Classification staff shall
so inform the facility Business Office, and the collection of funds for
restitution shall then commence.
7.
In all cases in which a prisoner or juvenile client has an active docket number
(current or consecutive sentence or disposition at the time of commitment to
the Department) with an order to pay a fine, the Classification staff shall so
inform the facility Business Office. The collection of funds for the fine shall
then commence, provided there is no collection being made for court ordered
restitution.
8. If a problem arises
with the application of this policy, the Classification staff shall refer the
matter to the Department's Victim Services Coordinator for advice on how to
proceed.
Procedure B: Work Release for Prisoners or Juvenile
Clients with Court Ordered Restitution or Fines
1. Prior to the prisoner's or juvenile
client's final approval for participation in Work Release, a staff person
designated by the Chief Administrative Officer of the facility shall
incorporate into the Work Release Agreement a Special Condition of Work Release
which requires a minimum of twenty-five percent (25%) of the prisoner's gross
weekly wages or twenty-five (25%) of the juvenile client's gross weekly wages
be deducted as payment toward court ordered restitution and/or fine, as
applicable. The prisoner or juvenile client shall sign this agreement prior to
final approval for work release.
2.
Any prisoner or juvenile client on Work Release who is alleged to be in
violation of a restitution or fine payment plan acknowledged by the prisoner or
juvenile client as a Special Condition of Work Release shall be subject to
disciplinary action. Such a prisoner or juvenile client shall also be subject
to removal from Work Release.
Procedure C: Collection of Funds from Prisoners with
Court Ordered Restitution or Fines
1. In the case of a prisoner or juvenile
client on Work Release with court ordered restitution, the facility Business
Office shall deduct from the prisoner's Work Release earnings whatever
percentage of gross weekly wages is required to be paid toward restitution
under the Special Condition of Work Release incorporated into the Work Release
Agreement, which in the case of a prisoner, shall be no less than 25% and, in
the case of a juvenile client, shall be no less than 25%.
2. Deduction of restitution from prisoners or
juvenile clients with multiple docket numbers shall commence with the oldest
docket number first. The oldest docket number is the docket number with the
oldest sentence or disposition start date. Deductions shall be made on a single
docket number at a time. No deduction for a subsequent docket number shall be
made while deductions are being made on an older docket number.
3. In the case of a prisoner or juvenile
client not on Work Release with court ordered restitution, the facility
Business Office shall deduct from the prisoner's account 25% of money received
by the prisoner from any source and from the juvenile client's account 25% of
money received by the juvenile client from any source.
4. Deduction of a fine from prisoners or
juvenile clients with multiple docket numbers shall commence with the oldest
docket number first. The oldest docket number is the docket number with the
oldest sentence or disposition start date. Deductions shall be made on a single
docket number at a time. No deduction for a subsequent docket number shall be
made while deductions are being made on an older docket number.
5. In the case of a prisoner or juvenile
client on Work Release with a court ordered fine, the facility Business Office
shall deduct from the prisoner's Work Release earnings whatever percentage of
gross weekly wages is required to be paid toward a fine under the Special
Conditions of Work Release incorporated into the Work Release Agreement, which,
in the case of a prisoner, shall be no less than 25% and, in the case of a
juenile client shall be no less than 25%. No deduction for a fine shall be made
while deductions are being made for court ordered restitution.
6. In the case of a prisoner or juvenile
client not on Work Release with a court ordered fine, the facility Business
Office shall deduct from the prisoner's account 25% of money received by the
prisoner from any source and from the juvenile client's account 25% of money
received by the juvenile client from any source. No deduction for a fine shall
be made while deductions are being made for court ordered
restitution.
7. Deduction from a
transaction shall be made immediately.
8. The facility Business Office shall not
deduct extra from one transaction to make up for any failure to make a full
deduction from another transaction.
9. If a prisoner or juvenile client disputes
the propriety of a deduction(s) or a court order purports to prohibit or limit
a deduction(s), the facility Business Office shall refer the matter to the
Department's Victim Services Coordinator and shall continue to make deductions
in accordance with this policy unless and until otherwise advised by the Victim
Services Coordinator.
Procedure D. Disbursement of Funds Collected for
Restitution or Fines
1. The
staff person designated by the Chief Administrative Officer of the facility
shall disburse the funds collected for restitution on a monthly basis
(provided, however, that disbursement shall also take place upon a prisoner's
or juvenile client's transfer or release). The designated staff person shall
disburse the restitution funds collected by forwarding these funds to the Adult
Community Corrections office or the Juvenile Community Corrections office
designated on the Initial Placement Form or Juvenile Initial Placement Form.
That office shall deposit the funds in the bank account designated.
2. The Central Office restitution clerk shall
distribute restitution funds from the designated bank account to the victims on
a monthly basis. In the event there is more than one victim on the same docket
number, the payment shall be prorated by percentage owed to each victim. Full
payment shall be made to the victim(s) of the oldest active docket number
before payment is made to the victim(s) on any more recent docket
number.
3. If a victim ordered to
receive restitution cannot be located, the Department's Victim Services
Coordinator shall be informed and shall inform the court that ordered the
restitution. If a victim ordered to receive restitution has died, the
Department's Victim Services Coordinator shall be informed and shall ensure
that funds collected are disbursed to the estate of the victim.
4. The staff person designated by the Chief
Administrative Officer shall disburse funds collected for fines by forwarding
these funds to the courts on a monthly basis (provided, however, that
disbursement shall also take place upon a prisoner's or juvenile client's
transfer or release).
Procedure E. Record Keeping and Termination of
Collection
1. The Business
Office of the facility where the prisoner or juvenile client is housed shall
maintain a record of collection on each prisoner or juvenile client subject to
this policy.
2. The Business Office
shall inform the Classification staff when funds equal to the amount of
restitution and/or fines ordered by the court have been collected. The
collection of funds shall then terminate. In the event that more than one
person is ordered to pay restitution to a victim(s) for the same crime or
juvenile crime and the orders for restitution are joint and several, each
person is liable for the full amount. Funds shall be collected from each such
person who is a prisoner or juvenile client at the rate of 25% of money
received by each prisoner or 25% of money received by each juvenile client
until the victim(s) has been paid in full. The collection of funds shall then
terminate unless the amounts collected from each person ordered to pay
restitution are not equal.
3. If
the order is joint and several and the amounts collected from each person
ordered to pay restitution are not equal, funds shall continue to be collected
from any prisoner or juvenile client who has not paid an equal share of the
restitution, and the funds shall be disbursed to any person who has paid more
than an equal share of the restitution until the total obligation to the victim
has been shared equally. The collection of funds from a prisoner or juvenile
client who has not paid an equal share for the purpose of disbursing funds to a
person who has paid more than an equal share shall be suspended if there is a
subsequent docket number on which the prisoner or juvenile client has
court-ordered restitution. The collect on of funds on the older docket number
shall restart once funds equal to the amount of restitution ordered by the
court have been collected on any subsequent docket number.
4. The collection of funds for any fine owed
on an active docket number shall commence once the collection of funds for
restitution has terminated on all active docket numbers. The collection of
funds for fines shall terminate if the collection of funds for restitution is
restarted for any reason.
5. A
prisoner or juvenile client on Work Release shall be permitted to continue on
Work Release after the fulfillment of the Special Condition of Work Release
related to restitution and/or fines, provided that continued participation is
in accordance with departmental policy.
6. If a prisoner or juvenile client who has
court ordered restitution or fines is transferred to or released to another
correctional facility (including a county jail), all restitution and fine
related information, including the order of judgment and commitment, the
probation conditions, the Initial Placement Form or Juvenile Initial Placement
Form and, where applicable, other materials related to restitution or fines and
the record of collection shall be forwarded to the receiving
facility.
VII.
PROFESSIONAL STANDARDS
None.
DEPARTMENT OF CORRECTIONS
INITIAL PLACEMENT FORM
The initial placement will be reviewed by the receiving
institution's Classification Committee within four (4) weeks for assignment of
custody level/program/work assignment/location.
NAME________________________SEX_____DOB_____
OFFENSE______________________________________
_______________________________________________
SENTENCE______________________________________
_______________________________________________
RESTITUTION
[ ] Has not been ordered by the court
[ ] Has been ordered in the amount of $ ________,
Docket No. ____.
[ ] Has been ordered, but further details were not
available at the time of sentencing. Restitution information will be included
with post-sentence materials.
FINE
[ ] Has not been ordered by the court
[ ] Has been ordered in the amount of $ ______, Docket
No. ______.
All adult females will be sent to the Maine
Correctional Center. All adult males will be sent to Maine Correctional Center
unless one or more of the following criteria are known:
A through D should be made out with an SBI
sheet available to the officer. If the SBI sheet is not available, then the
officer should check with Central Office of Community Corrections, Maine State
Prison, or Maine Correctional Center to see if any known criminal record is
available for verbal verification. If no criminal record is obtained, then an
interview with the prisoner to obtain the prisoner's version of the criminal
history should be done to complete this form.
[ ] A through D completed solely on interview with
prisoner.
MAINE STATE PRISON PLACEMENT CRITERIA (RELEVANT
ITEMS CHECKED):
A.
[ ] Unsuspended portion of sentence exceeds five (5) years.
B.
[ ] Escape conviction(s)
or known escape attempt(s) from a medium or higher security facility.
C.
[ ] Prisoners with
special needs will be referred to the Director of Classifications. Prisoners
with special needs include, but are not limited to, subjects with severe
mental, emotional, or physical disabilities, or about whom there is information
indicating that placement at MMC might pose a threat to the safety of the
prisoner or another person.
D.
[ ] The prisoner has been released
from a correctional facility within the last three (3) years and at the time of
release the prisoner was classified as close or maximum custody.
JUSTIFICATION FOR OUT-OF-CATEGORY
PLACEMENT:_____________________________
_______________________________________________
_______________________________________________
_____PLACEMENT: MAINE CORRECTIONAL CENTER [ ] MAINE
STATE PRISON [ ]
_____Telephone call made to receiving institution of
assignment
_____One copy sent to receiving institution.
_____Copy of SBI sheet is attached
_____Restitution set ups sheet attached
_______________________________
Signature of Officer Making Placement
_____DNA has been tested
Medications (specify if known)
_______________________________
Date
ATTACHMENT A DOC Form A-6.6-A-A-07/02
ATTACHMENT A DOC Form A-22.1-A-A-07/02
DEPARTMENT OF CORRECTIONS
JUVENILE INITIAL PLACEMENT FORM
NAME:________________________SEX:_____DOB:_____
OFFENSE:__________________________________
_________________________________________
DISPOSITION:__________________________________
_________________________________________
RESTITUTION
[ ] Has not been ordered by the court
[ ] Has been ordered in the amount of $______Docket
No._____ Balance due $ ______ . Payments should be forwarded to the Juvenile
Community Corrections Regional Office.
[ ] Has been ordered, but further details were not
available at the time of disposition. Restitution information will be included
with post-sentence materials.
FINE
[ ] Has not been ordered by the court
[ ] Has been ordered in the amount of $
__________Docket No. _________ Balance due $ _____.
A juvenile whose residence is in Androscoggin,
Cumberland, Lincoln, Oxford, Sagadahoc, or York County will be sent to the Long
Creek Youth Development Center.
A juvenile whose residence is in Aroostook, Franklin,
Hancock, Kennebec, Knox, Penobscot, Piscataquis, Somerset, Waldo, or Washington
County will be sent to the Mountail View Youth Development Center.
Any recommended exception to the above placement
criteria will be referred to the Associate Commissioner for Juvenile Services
for decision.
Justification For Exception To Placement
Criteria: ____________________________
_________________________________________________
_________________________________________________
PLACEMENT: LONG CREEK YOUTH DEVELOPMENT CENTER [ ]
MOUNTAIN VIEW YOUTH DEVELOPMENT CENTER [ ]
____Telephone call made to receiving institution of
assignment
____One copy sent to receiving institution.
____Restitution set ups sheet attached
_____________________________________
Signature of Officer Making Placement
____Medications (specify if known)
_____________________________________
Date
ATTACHMENT B J-6.6-A-B08/02
