Maine LD 2159: An Act To Protect The Confidentiality Of Attorney-Client E-Mail Communications For Residents Of Jails And Correctional Facilities

Bill Text

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131st MAINE LEGISLATURE
SECOND REGULAR SESSION-2024
Legislative DocumentNo. 2159
S.P. 915In Senate, January 9, 2024
An Act to Protect the Confidentiality of Attorney-Client E-mail 
Communications for Residents of Jails and Correctional Facilities
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Cosponsored by Representative MOONEN of Portland.

Page 1 - 131LR2708(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1.  4 MRSA §1804, sub-§3, ¶P, as enacted by PL 2023, c. 394, Pt. A, §3, is 
3amended to read:
4P.  Develop and maintain a registry of names, telephone numbers, e-mail addresses and 
5other contact information for attorneys who provide legal services to persons who are 
6incarcerated.  The commission shall on a weekly basis provide these names, telephone 
7numbers, e-mail addresses and other contact information to all sheriffs' offices and to 
8the  Department  of  Corrections.  On  the  Monday  following  transmission  of  the 
9information, the sheriffs' offices and the Department of Corrections have constructive 
10notice  that  communications  to  and  from  these  attorneys  by  residents  of  jails  and 
11correctional facilities are subject to the attorney-client privilege. The attorneys' names, 
12telephone numbers, e-mail addresses and other contact information are confidential.
13Sec. 2.  5 MRSA §200-N, as enacted by PL 2023, c. 394, Pt. A, §4, is amended to 
14read:
15§200-N.  Confidential attorney-client communications
161.  Policies.  By January 1, 2024, the The Attorney General shall adopt a written policy 
17for the protection of confidential attorney-client communications by employees and agents 
18of the Attorney General, which must include, at a minimum, processes to protect and ensure 
19confidentiality of attorney‑client communications and processes to be followed in the event 
20that there is a breach of attorney-client confidentiality.
212.  Training.  By January 1, 2024, the The Attorney General shall develop a training 
22program  for  all  state,  county  and  municipal  law  enforcement  officers  and  investigators 
23who, as part of a criminal investigation, may inadvertently hear, view or read confidential 
24attorney-client  communications,  which  must  include,  at  a  minimum,  practices  and 
25procedures  for  protecting  and  ensuring  confidential  attorney-client  communications  and 
26practices and procedures to be followed in the event that there is a breach of attorney-client 
27confidentiality.
28Sec. 3.  15 MRSA §709, sub-§4, as amended by PL 1979, c. 701, §11, is further 
29amended to read:
304.  Intercept.  "Intercept" means to hear, view, read or record or aid another to hear, 
31view,  read  or  record  the  contents  of  any  wire  communication  or  oral  communication 
32through the use of any intercepting device by any person other than:
33A.  The sender or receiver of that communication;
34B.    A  person  within  the  range  of  normal  unaided  hearing  or  subnormal  hearing 
35corrected to not better than normal; or
36C.  A person given prior authority by the sender or receiver.
37Sec. 4.  15 MRSA §714, as enacted by PL 2023, c. 394, Pt. A, §5, is amended to 
38read:
39§714.    Intercepted  attorney-client  communications  of  jail  and  correctional  facility 
40residents

Page 2 - 131LR2708(01)
11.    Intercepted  attorney-client  communications  of  jail  and  correctional  facility 
2residents.    If  the  sender  or  the  recipient  of  an  intercepted  oral  communication  or  wire 
3communication was, at the time the communication was made, a resident in either a jail or 
4an adult or juvenile correctional facility administered by the Department of Corrections and 
5the other party was an attorney and if the resident demonstrates that the jail or correctional 
6facility had actual or constructive notice at the time the communication was made of the 
7attorney's  name  and,  if  the  communication  involved  the  use  of  a  telephone,  the  jail  or 
8correctional facility had actual or constructive notice at the time that the communication 
9was made of the attorney's telephone number and the communication was made directly to 
10or from that telephone number:
11A.  The contents of the intercepted oral communication or wire communication and the 
12fact  and  circumstances  of  the  communication  are  not  admissible  in  a  criminal 
13proceeding, including a proceeding under chapter 305‑A;
14B.  A person who viewed or, listened to or read the intercepted oral communication or 
15wire communication and did not immediately discontinue viewing or, listening to or 
16reading  the  communication  as  soon  as  the  person  had  sufficient  information  to 
17determine that the sender or the rec