Code of Maine Rules
03 - DEPARTMENT OF CORRECTIONS
201 - DEPARTMENT OF CORRECTIONS/GENERAL
Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION
Section 201-15-5 - Administrative Standards

Universal Citation: 03 ME Code Rules ยง 201-15-5

Current through 2024-38, September 18, 2024

5.1 BIProgram Intake Process

A. The BIProgram shall schedule an intake into the BIProgram within two weeks, absent good cause, from the time the domestic abuse offender contacts the BIProgram.

B. At the intake, the domestic abuse offender must enter into a written agreement with the BIProgram, which must include the following:
1. the responsibilities of the domestic abuse offender;

2. the responsibilities of the BIProgram;

3. an agreement to stop all forms of violence;

4. the minimum length of the BIProgram;

5. signed waivers of confidentiality and/or appropriate releases;

6. the fee structure and the weekly fee due from the offender;

7. criteria for discharge;

8. a copy of the complaint procedure; and

9. readmission criteria.

C. During intake, the BIProgram must obtain the following information from the domestic abuse offender:
1. full legal name of domestic abuse offender;

2. current home address and mailing address (if they are different);

3. current home telephone number, cell phone number, or telephone number of contact if the domestic abuse offender does not have a telephone;

4. date of birth;

5. name of employer, and current work address and telephone number of employer;

6. partner and/or victim name (if they are different);

7. current driver's license number, or photo ID card;

8. make, model, year and license plate number of the vehicles used by the domestic abuse offender;

9. history of any substance abuse;

10. psychiatric history including homicidal and suicidal ideation;

11. history of any weapons possession and usage; and

12. history of abusive behaviors.

D. Within six weeks after the domestic abuse offender begins the BIProgram, the domestic abuse offender must provide the BIProgram with the following independent descriptions of the domestic abuse offender's abusive behavior, including, but not limited to:
1. police reports (if applicable);

2. administrative release, probation, parole, supervised release for sex offenders, or other post-conviction supervision or deferred disposition conditions (if applicable);

3. legal pleadings, including, but not limited to, civil petitions and civil and criminal complaints (if applicable);

4. court orders, including, but not limited to, protective orders, and court-approved consent agreements (if applicable); and

5. previous child protective service reports (if applicable and available).

E. The following must be notified in writing of the domestic abuse offender's acceptance into the BIProgram within 7 days, unless the time frame is modified by the DVC working agreement:
1. the domestic abuse offender;

2. the victim and/or current partner, unless notification of the victim would jeopardize the safety of the domestic abuse offender or violate federal or state confidentiality laws;

3. the domestic abuse offender's Probation Officer (if applicable);

4. the local DVC; and

5. the referral source, including, but not limited to, the prosecuting attorney's office, pre-trial agency, or Department of Health and Human Services (DHHS).

F. At minimum, the information to be contained in the communication referred to in section 5.1 E must include:
1. the date the domestic abuse offender begins the BIProgram;

2. limitations of the BIProgram; and

3. that victims are not required to have any contact with the DVC and/or BIProgram.

G. A copy of the participant agreement must be provided to the referral source and pre-trial agency (if applicable). A copy of the agreement must be made available upon request from the victim or DVC.

H. A BIProgram may only accept referrals of persons residing in a county in which the BIProgram has a working agreement with the local DVC, unless the program is granted a waiver by DOC.

5.2 BIProgram Discharge or Leave

A. Reasons for discharge from a BIProgram include that:
1. the domestic abuse offender has completed the 48 week program to the satisfaction of the BIProgram staff, based upon criteria contained in the participant agreement;

2. the domestic abuse offender has five absences during the 48 week BIProgram;

3. the domestic abuse offender fails to pay the weekly fee determined by the BIProgram (the offender must be discharged if the offender fails to pay the fee for 4 sessions); and/or 4. the domestic abuse offender does not comply with the rules of the BIProgram.

B. A domestic abuse offender may request medical or other leave of absence for good cause with approval of the Program Director, who must consult with the referral source. If approved, the offender is allowed to continue the BIProgram from the last class prior to the approved leave.

C. The following must be notified in writing within 7 days of the domestic abuse offender's discharge or leave from the BIProgram:
1. the domestic abuse offender;

2. the victim and/or current partner, unless notification of the victim would jeopardize the safety of the domestic abuse offender or violate federal or state confidentiality laws;

3. the domestic abuse offender's Probation Officer (if applicable) (the Probation Officer must also be immediately notified verbally of a discharge, unless the discharge was due to the offender's completion of the program);

4. the local DVC;

5. the prosecuting attorney's office if a Probation Officer is not involved; and

6. DHHS if involved; and

7. the presiding judge of a Domestic Violence Monitoring Docket, if the domestic abuse offender is enrolled in a Domestic Violence Monitoring Docket.

D. At minimum, the information to be contained in the communication referenced in section 5.2 C must include:
1. the date the domestic abuse offender was discharged or given leave from the BIProgram;

2. the reason for discharge or leave; and

3. recommendations, which may include, but are not limited to, assessment for additional services or further action by the Probation Officer, which may include revocation.

5.3 Re-Admission to BIProgram after Discharge

A. Except as set out below, a domestic abuse offender who has not successfully completed 48 weeks and returns after being discharged must start at intake unless the domestic abuse offender is allowed to start at week 1 by the Program Director.

B. If the discharge was based upon absences, the offender is allowed to start at five classes before the last class prior to discharge.

C. If the discharge was for non-payment of fees, after consultation with the referral source, the Program Director may allow the offender to receive credit for all classes attended and paid in full as long as the offender continues to pay the fee on schedule after the offender's return.

D. Notwithstanding the above, any domestic abuse offender who has not successfully completed 48 weeks and returns after being discharged and who was discharged due to committing another domestic abuse offense or who committed another domestic violence offense after discharge must start at intake.

5.4 Transfer of Credits

A. Each certified BIProgram must accept transfer of credits for weeks satisfactorily completed at another BIProgram certified in the State of Maine provided the domestic abuse offender was in good standing with the other program at the time of transfer and no more than three months has elapsed since the last class attended at the previous BIProgram. Absent good cause, no transfer of credit may occur if more than three months has elapsed since the last class attended at the previous BIProgram.

B. Each participant requesting transfer of credit must obtain a letter of referral from the previous program, setting forth the number of weekly credits that the domestic abuse offender has earned, the number of absences, and that the participant is in good standing, and present it to the new program prior to receiving any credit(s) for weeks completed.

5.5 Complaint Procedure

A. Before filing any complaint against a BIProgram, the domestic abuse offender shall make an attempt to resolve the complaint in an informal manner by talking with the educator(s).

B. If unable to come to an agreement with the educator(s), the domestic abuse offender shall contact the Program Director who shall attempt, as soon as possible, to resolve the complaint.

C. If the complaint remains unresolved, a formal written complaint may be made to the Department of Corrections, 111 State House Station, Augusta, Maine 04333-0111, Attention: Victim Services Coordinator. A copy of the complaint must be provided by the offender to the BIProgram Director, DVC and referral source.

D. A victim may file a formal written complaint to the Department of Corrections, 111 State House Station, Augusta, Maine 04333-0111, Attention: Victim Services Coordinator. A copy of the complaint will be provided to the BIProgram director and the DVC as part of the investigation.

5.6 Confidentiality

A. All written and/or oral communications, including electronic communications, from or to victims must be held in confidence by the BIProgram, except for mandated reporting requirements.

B. Notwithstanding the above, the BIProgram may provide information to the DVC so that the DVC may offer safety planning resources.

5.7 Record Keeping

A. Domestic abuse offender and victim records (if any) must be maintained in separate files with no record or reference of partner contact beyond the initial letter to the victim and/or partner about the domestic abuse offender's admission into the BIProgram.

B. There must be at least minimal documentation for each group session attended, which must include:
1. date;

2. topic; and

3. amount of time spent in group.

C. Monthly status reports must be provided by the BIProgram to the domestic abuse offender's Probation Officer or other referral source. Reports must include, but are not limited to, the following information:
1. attendance;

2. current payment status; and

3. compliance with other BIProgram rules.

5.8 Approval and Monitoring Process

A. Any costs incurred as the result of monitoring of the BIProgram shall be the responsibility of the BIProgram.
1. BIPrograms must arrange for monitors to attend a BIProgram class at least quarterly per educator pair. Monitoring may occur more frequently upon agreement between the BIProgram and the DVC or third party monitor, as applicable.

2. BIPrograms must arrange for monitors to provide verbal communication to the BIProgram regarding the performance/operation of each observed class immediately after the class and written communication within 30 days. The BIProgram is required to provide the documentation of monitoring to the DOC Victim Services Coordinator and the local DVC.

B. Third Party Monitors must be utilized when the local DVC is unable, unwilling, or fails to monitor the BIProgram or is operating the BIProgram.
1. Selection of third party monitors must be made pursuant to criteria developed by the MABIP, the MCEDV, and WWC.

2. When a new third party monitor is used, the BIProgram is required to provide the monitor's name and qualifications to the DOC Victim Services Coordinator, the local DVC, WWC, and MCEDV.

3. Documentation of monitoring sessions must be sent to the local DVC.

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