Code of Maine Rules
03 - DEPARTMENT OF CORRECTIONS
201 - DEPARTMENT OF CORRECTIONS/GENERAL
Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION
Section 201-15-2 - Certification
Universal Citation: 03 ME Code Rules ยง 201-15-2
Current through 2024-38, September 18, 2024
2.1 Oversight of the Maine Standards for Batterer Intervention Programs
A.
The Maine Department of Corrections, hereafter called "DOC", shall be the lead
agency responsible for implementation of these standards, through its Victim
Services Coordinator. Only BIPrograms that hold a valid certificate granted by
the DOC shall be utilized for court referrals. A certificate shall be valid for
two years unless suspended or revoked.
B. The DOC, in consultation with the Maine
Commission on Domestic and Sexual Abuse, shall develop and, on a biannual
basis, review a certification process for BIPrograms. The review process may
include input from representatives of the following agencies and organizations
and any others deemed appropriate by the DOC:
1. domestic violence centers;
2. batterer intervention programs;
3. the judicial system;
4. local law enforcement;
5. victims of domestic violence;
6. health and human service
agencies;
7. schools;
8. hospital emergency departments;
9. community corrections;
10. groups working with victims of child
abuse;
11. groups working with
victims of sexual abuse;
12. groups
coordinating supervised visitation; and/or
13. other stakeholders.
C. BIPrograms will be assessed a fee for
program certification.
D.
Certification of BIPrograms will be for a period of two years as referenced in
section 2.1 A.
E. If anyone has a
dispute regarding the certification of a BIProgram, which appears to be at an
impasse, it will be the responsibility of the DOC, in consultation with the
Maine Commission on Domestic and Sexual Abuse, to attempt to bring such a
dispute to resolution.
2.2 Application for Certification
A. Each BIProgram
requesting certification or renewal of certification shall submit a completed
application to the DOC containing all of the information requested, to include,
but not be limited to:
1. demonstration of
the BIProgram's ability to meet these standards;
2. an overview of the BIProgram
content;
3. proof of successful
completion for all co-educators at a national batterer intervention training or
similar training determined to be sufficient by the DOC;
4. documentation of a working agreement with
the local DVC in each county the BIProgram may operate in or request for waiver
of this requirement providing specific reasons for the request;
5. documentation of a working agreement with
the DOC Regional Correctional Administrator;
6. demonstration of need for a BIProgram, or
another BIProgram, in the geographic area (initial certification only);
7. name, address, and telephone
number of the BIProgram and all sites; and
8. a statement of ownership of the BIProgram,
that discloses the names, address, and telephone numbers of all owners,
directors, and officers of the corporation, and any members of any governing or
advisory boards.
2.3 Denial, Refusal to Renew, Suspension, and/or Revocation of Certification
A.
Definitions
1.
Denial: action taken by DOC
to not certify a BIProgram.
2.
Refusal to Renew: action taken by DOC at the end of a two year
certification period rejecting a BIProgram's application for renewal.
3.
Suspension: action taken by
DOC in lieu of revoking or refusing renewal of certification that stipulates
the Program must correct the noted deficiencies within the time
specified.
4.
Revocation: action taken by DOC removing a BIProgram's
certification after the DOC has certified the Program, but before the
BIProgram's two year certification has expired.
Any of these actions make the affected BIProgram ineligible to receive any referrals unless and until the program is certified, its certification is renewed, or the suspension is lifted.
B. Each of the following, in and
of itself, may constitute full and adequate grounds on which to deny, suspend,
revoke, or refuse to renew certification to operate a BIProgram:
1. failure to submit information required for
certification;
2. failure to meet
any of these standards for BIPrograms;
3. denial of entry to agents of the DOC to
conduct site visits or inspections or any other attempt to impede the work of
agents of the DOC;
4. obtaining or
attempting to obtain certification by fraud, misrepresentation, or by the
submission of incorrect, false, and/or misleading information;
5. criminal conduct by the owners, staff, or
administrators as evidenced by criminal convictions;
6. operation of a BIProgram after the
expiration of certification;
7.
operation of a BIProgram in a manner which fails to fulfill the terms of the
program - client agreement; or
8.
operation of a BIProgram in a manner which endangers the health or safety of
clients and/or victims of domestic abuse.
2.4 Recourse of Programs when Certification has been Denied, Refused Renewal, Suspended and/or Revoked
A. A BIProgram whose certification has been
denied, refused renewal, suspended and/or revoked by DOC will receive in
writing, by certified mail, a program compliance letter outlining the standards
that the Program is not in compliance with and the time frames allowed to bring
the BIProgram into compliance.
B.
The BIProgram has 60 days from the date of notification of denial, refused
renewal, suspension and/or revocation of certification to resubmit the
application, clearly indicating remediation for deficiencies. DOC must respond
to this information within 60 days of receipt.
C. The BIProgram may appeal the DOC response
to the Commissioner of Corrections within fifteen days of receipt of the
response.
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