Maine LD 1044: An Act To Protect The Rights Of Certain Incarcerated Individuals

Bill Text

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 772 - L.D. 1044
An Act To Protect the Rights of Certain Incarcerated Individuals
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §1208-B, sub-§2, as enacted by PL 2015, c. 335, §22, is
amended to read:
2. Rulemaking. Rules adopted pursuant to this section are routine technical rules as
defined by Title 5, chapter 375, subchapter 2‑A. Rules adopted pursuant to this section
must take effect January 1, 2016.
Sec. 2. 34-A MRSA §1208-B, sub-§3 is enacted to read:
3. Gender affirmation. The standards, policies and procedures established pursuant
to this section for the county jails and regional jail must require the jails to respect and
acknowledge an incarcerated person's consistently held gender identity irrespective of
anatomy or physique. Housing placements and search practices must be consistent with
the person's consistently held gender identity except when such placement or search would
present significant management or security problems to the jail or threaten the health and
safety of the person. A person must have access to commissary items, clothing, personal
property, programming and educational materials that are consistent with the person's
consistently held gender identity. County and regional jail staff shall address a person in a
manner that is consistent with the person's consistently held gender identity.
Sec. 3. 34-A MRSA §3031, sub-§8, as amended by PL 2019, c. 139, §2, is further
amended to read:
8. Visitation. A reasonable opportunity to visit with relatives and friends, in
accordance with departmental policies and institutional procedures, provided except that
the department may restrict or prohibit visits when the restriction or prohibition is necessary
for the security of the institution; and
Sec. 4. 34-A MRSA §3031, sub-§9, as enacted by PL 2019, c. 139, §3, is amended
to read:
9. Menstrual products. Comprehensive access to menstrual products, including, but
not limited to, sanitary pads and tampons, provided and available at all times and without
APPROVED
JUNE 17, 2021
BY GOVERNOR
CHAPTER
263
PUBLIC LAW

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inconvenience or charge to a person who menstruates who resides in a correctional or
detention facility.; and
Sec. 5. 34-A MRSA §3031, sub-§10 is enacted to read:
10. Gender affirmation. Have the person's consistently held gender identity
respected and acknowledged, irrespective of anatomy or physique. Housing placements
and search practices must be consistent with the person's consistently held gender identity
except when such placement or search would present significant management or security
problems to the correctional or detention facility or threaten the health and safety of the
person. A person must have access to commissary items, clothing, personal property,
programming and educational materials that are consistent with the person's consistently
held gender identity. Correctional or detention facility staff shall address a person in a
manner that is consistent with the person's consistently held gender identity.