VII.
PROCEDURES
Procedure A: Furlough Program, General
1. The Commissioner, or designee, shall be
responsible for the overall administration of the Department's furlough
program.
2. The Chief
Administrative Officer, or designee, of each adult receiving facility shall be
responsible to ensure there is made available to all residents upon intake to
the facility written information about the furlough program, including
eligibility requirements, the criteria and review and approval process, and the
mandatory conditions.
3. It shall
be the responsibility of each adult facility resident and their case manager to
work collaboratively on an individualized case plan to include programs and
services throughout the time of imprisonment toward the goal of participating
in the furlough program when eligible.
4. The Chief Administrative Officer, or
designee, of each adult facility with a furlough program shall be responsible
for the day-to-day management of the program.
5. All decisions relating to whether an
eligible resident is recommended for approval or is approved to participate in
a furlough shall have as the primary determining factor the likelihood that the
resident will successfully complete the furlough, considering, but not limited
to, the following criteria:
a. the fulfillment
of:
1) expectations as to conduct;
2) expectations as to work, education, and
rehabilitation programs assigned in the resident's individualized case
plan;
3) other rehabilitative
efforts, including the resident's demonstration of positive change; and
4) other accomplishments (e.g.,
volunteering, mentoring other residents, etc.);
b. if it is an overnight furlough leave,
arrangements for suitable housing in the community, taking into consideration
the proximity of housing to any victim, including a victim's housing, place of
employment, or educational institution being attended, if applicable;
c. if applicable, the existence of support
systems and resources in the community; and
d. if applicable, participation in community
programs during the current time in custody (e.g., work release, prior furlough
passes, etc.).
6. An
eligible resident shall not be denied approval for a furlough solely because of
the type of crime they committed or solely because of objections received from
the community. However, the circumstances of the crime or objections from the
community may be the basis of modifications to the resident's furlough
application or of additional conditions in order to enhance the likelihood of
their successfully completing the furlough if approved.
7. Specific information about input from
prosecutors, law enforcement, victims, other persons in the community, and the
Office of Victim Services shall not be disclosed to the resident under any
circumstances.
8. The furlough
program includes, but is not limited to, the following:
a. application and screening for
eligibility;
b. approval or
denial;
c. conditions for residents
while on a furlough;
d. monitoring
through random contacts with residents while on a furlough leave;
e. documentation;
f. a system for evaluating furlough program
effectiveness; and
g. efforts to
obtain community cooperation and support, e.g., by arranging for employment
interviews, housing applications, and family support.
9. The approval for a furlough must specify
the location or locations within the State of Maine and be for a specified
period of time.
10. The Chief
Administrative Officer, or designee, may extend the specified period of time in
the event of an emergency (e.g., storm or other natural disaster, verified
vehicle breakdown or road condition issue, verified resident or family medical
emergency, facility lockdown or other facility emergency, etc.).
11. The Chief Administrative Officer, or
designee, may implement facility practices for pre-approving locations for
furloughs and providing a list of pre-approved locations to eligible residents:
a. for furlough passes, this may include, but
is not limited to, pre-approved restaurants, movie theaters, parks, museums; or
b. for furlough leaves where family
lives out of state, this may include, but is not limited to, pre-approved
hotels, motels and camps.
12. In determining if a location is to be
pre-approved, facility staff may consult with the appropriate probation
officer.
13. The existence of a
pre-approved list does not preclude a resident from requesting a different
location for a furlough pass or furlough leave, which shall be reviewed for
suitability in accordance with facility practices.
14. All expenses incurred while on furlough
are the responsibility of the resident, their family, sponsor, or other
appropriate private source, except for necessary medical expenses due to an
emergency occurring while on the furlough that are not covered by some other
appropriate source, such as vehicle insurance or MaineCare.
15. Transportation to and from the facility
is the responsibility of the resident, their family, furlough sponsor, or other
appropriate private source.
16. If
a resident is taken off facility grounds by facility staff (e.g., for a medical
appointment or a public restitution work crew) or by an employee of another
government agency (e.g., for a Department of Transportation work crew), it is
not a furlough and is governed by the applicable departmental policy.
17. If a resident is off facility grounds to
participate in a community transition release program (work release, education
release, or public service release), it is not a furlough and is governed by
Department Policy (AF) 27.3, Community Transition Program.
Procedure B: Eligibility Requirements
1. To be eligible for a furlough, the
resident must have:
a. served at least thirty
(30) days of the term of imprisonment in the facility providing the furlough
program; and
b. no more than three
(3) years remaining on the term(s) of imprisonment or, in the case of a split
sentence, on the unsuspended portion, after consideration of any deductions
that the resident has received and retained under Title 17-A, Sections 2302(1),
2305, and 2307 to 2311 (i.e., first day on a furlough must be no more than
three (3) years prior to the resident's current custody release
date).
2. In addition to
the above, the resident:
a. must be classified
community custody;
b. must have no
detainers, warrants, or other pending holds preventing participation in a
community program as set out in Department Policy (AF) 23.1, Classification
System; and
c. must have completed
or be actively participating in assigned core programs and be currently case
plan compliant.
3.
Finally, the resident must not have been found guilty of a Class A or B
disciplinary violation within ninety (90) days of submitting the application to
participate in a furlough or anytime thereafter prior to the scheduled furlough
and must not have a Class A or B disciplinary report pending at the time of
submitting the application or scheduled furlough.
4. Furloughs may be granted for the following
rehabilitative purposes:
a. to attend an
interview, assessment, or evaluation for the purpose of arranging a housing
placement, employment, education, or treatment;
b. to participate in an approved treatment
program; or
c. for any other reason
consistent with the rehabilitation of the resident that contributes to release
and reentry planning as authorized by the Chief Administrative Officer, or
designee.
5. Furloughs
may also be granted to visit with family at an approved location. A furlough to
visit with family must be in order to attend a significant family event, such
as a graduation, birth of a baby, or wedding; reconnect with a family member
who will be part of resident's support system upon release; or learn life
skills needed for life in the community after a long term of
imprisonment.
6. Furloughs to visit
with family have the following additional requirements:
a. the resident must have served at least 1/2
of the term of imprisonment imposed or, in the case of a split sentence, at
least 1/2 of the unsuspended portion, after consideration of any deductions
that the resident has received and retained under Title 17-A, Sections 2302(1),
2305, and 2307 to 2311.
b. a
resident who is serving concurrent sentences must have served 1/2 of the term
of imprisonment imposed or, in the case of a split sentence, of the unsuspended
portion, on the controlling sentence, after consideration of any deductions
that the resident has received and retained under Title 17-A, Sections 2302(1),
2305, and 2307 to 2311.
c. a
resident who is serving consecutive or nonconcurrent sentences must have served
1/2 of the imprisonment time to be served on the combined sentences, after
consideration of any deductions that the resident has received and retained
under Title 17-A, Sections2302(1), 2305, and 2307 to 2311. Depending on the
length of the sentences and the deductions received and retained, a resident
may become eligible for a furlough to visit with family during any of the
sentences.
Procedure C: Sponsor Requirements
1. In order for a person to sponsor a
resident for a furlough pass, the person must be approved by the Chief
Administrative Officer, or designee. An approved sponsor for a furlough pass
must be a family member or must be a facility volunteer who has been cleared
through the volunteer process as set out in Department Policy (AF) 26.1,
Volunteer Program and has completed training to include training specific to
furlough passes. A volunteer shall not be approved to be a furlough pass
sponsor unless the person is a volunteer who works with residents in person at
that facility.
2. In order for a
person to sponsor a resident for a furlough leave, the person must be approved
by the Chief Administrative Officer, or designee. An approved sponsor for a
furlough leave must be a family member.
3. The sponsor must be at least eighteen (18)
years old.
4. The sponsor shall not
be staff or a student intern.
5.
The sponsor shall not be a person who is currently charged with murder or a
Class A, B or C criminal or juvenile criminal offense. The sponsor shall not be
a person who is currently charged with a Class D or E criminal or juvenile
criminal offense, unless an exception is made by the Chief Administrative
Officer, or designee.
6. The
sponsor shall not be a former Department resident, unless an exception is made
by the Chief Administrative Officer, or designee.
7. The sponsor shall not be a person under
the current supervision of the Department in the community, unless an exception
is made by the Chief Administrative Officer, or designee, and the Regional
Correctional Administrator, or designee.
8. If the resident is proposing as a sponsor
a person who does not meet one of the above requirements unless an exception is
made, the CPC, or other designated staff, shall so note that on the application
and in CORIS, and unless an exception is made by the above person(s), as part
of their reviews, the resident shall be required to submit a modified
application addressing the issue. There is no appeal from a failure to make an
exception.
9. A sponsor shall not
be a person who the resident is prohibited from having contact with pursuant to
Department Policy 6.3, Contact with Victims, unless the resident is eligible
for and is granted a waiver for contact under that policy.
10. A sponsor shall not be a person who the
resident is prohibited from having contact with for any other reason, such as a
court order or as otherwise set out in an applicable Department policy.
Procedure D: Furlough Pass
1. A furlough pass is a privilege granted to
an adult resident for an authorized temporary absence from the facility
unaccompanied by staff. Except as set out below, a resident must always be
accompanied by an approved sponsor.
2. The resident may be permitted to go on a
furlough pass without a sponsor only if approved by the Chief Administrative
Officer, or designee, and only within the last six (6) months of the resident's
current custody release date.
3. A
furlough pass may be granted for up to six (6) hours.
4. The frequency of furlough passes may be as
follows:
a. for a resident three (3) years to
six (6) months from current custody release date, once a week; and
b. for a resident less than six (6) months
from projected release date, twice a week.
Procedure E: Furlough Leave
1. A furlough leave is a privilege granted to
an adult resident for an authorized temporary absence from the facility
unaccompanied by staff. The resident must always be accompanied by an approved
sponsor.
2. A furlough leave may be
granted for a period of time of more than six (6) hours and up to twenty-four
(24) hours for an initial furlough leave.
3. A furlough leave may be granted for a
period of time of more than six (6) hours and up to seventy-two (72) hours for
subsequent furlough leaves, unless a longer furlough leave is approved by the
Commissioner, or designee.
4. The
frequency of furlough leaves may be as follows:
a. for a resident three (3) years to six (6)
months from current custody release date, every sixty (60) days;
b. for a resident less than six (6) months
and up to thirty (30) days from projected release date, once per month; and
c. for a resident less than thirty
(30) days from projected release date, two (2) furloughs.
Procedure F: Planning Meeting
1. Each adult facility Community Programs
Coordinator (CPC), or other designated staff, shall on a monthly basis identify
all residents who will become eligible for the furlough program within the next
four (4) months and inform the appropriate case managers.
2. As part of this identification process,
the CPC, or other designated staff, shall contact appropriate classification
staff and that staff shall conduct an electronic records check for any
outstanding detainers, warrants or other legal holds or requests for
notification from a criminal justice agency.
3. If there is an outstanding detainer,
warrant or other legal hold, the classification staff shall take steps to have
it resolved as set out in Department Policy (AF) 23.1, Classification System.
If there is a request for notification from a criminal justice agency, the
classification staff shall notify the agency of the resident's possible
furlough. The result of the records check and any actions taken by
classification staff shall be entered into CORIS.
4. For each resident identified as eligible,
their case manager shall coordinate a furlough program planning meeting with
the resident within the next month.
5. At the meeting, the case manager shall
discuss with the resident the criteria and the review and approval process, the
mandatory conditions, and the possibility of additional conditions. They shall
also discuss the resident's obligation to inform their sponsor while they are
on furlough of the obligations that the sponsor will have to fulfill.
6. As soon as practicable after the meeting,
the case manager shall forward the Furlough Pass Application (Attachment A) or
Furlough Leave Application (Attachment B), as applicable, to the CPC, or other
designated staff. The application form shall include an agreement by the
resident that the Department's Director of Victim Services, or designee, may
notify a victim, if applicable, of the requested furlough pass or furlough
leave.
7. If the resident is
applying for an initial furlough leave, the case manager shall also forward to
the CPC, or other designated staff, the Authorization for the Disclosure of
Information for the Purpose of Community Review (Attachment C) and, if
applicable, the Authorization for Disclosure of Information Acquired in
Connection with the Provision of Substance Use Disorder Treatment Services by
the Department of Corrections (Attachment D to Department Policy (AF) 11.2,
Confidentiality of Resident Information), which, along with the application,
shall constitute the furlough leave packet.
8. For an initial furlough pass or initial
furlough leave, the completed application and other documents shall be
submitted at least three (3) months in advance of the proposed furlough
date.
9. A resident may decline to
have a furlough program application submitted after the planning
meeting.
10. The resident's case
manager shall continue to meet with the resident, as necessary, to assist with
any modifications to the furlough program application that the resident chooses
to submit later in the review process.
11. The resident's case manager shall also
continue to meet with the resident, as necessary, to assist with applying for
subsequent furlough passes or leaves.
12. For a subsequent furlough pass or
furlough leave, if the furlough is requested for a location or sponsor
different from that of a previously granted furlough, the application must be
submitted at least three (3) months in advance of the proposed furlough
date.
13. For a subsequent furlough
pass or furlough leave, if the furlough is requested for the same location and
sponsor as a previously granted furlough, the application must be submitted at
least five (5) weeks in advance of the proposed furlough date.
14. If it is a subsequent furlough pass or
furlough leave and it is an emergency (e.g., medical emergency involving a
family member) or the Chief Administrative Officer, or designee, determines it
is otherwise necessary, the resident may be allowed to submit a furlough
application closer to the proposed furlough date.
15. The Chief Administrative Officer, or
designee, may implement facility practices to allow a resident to apply for
multiple subsequent furlough passes or furlough leaves to the same location
and, if applicable, with the same sponsor, as a previously granted furlough
pass or leave, using one application, if they are requested to be more frequent
than once a month. In such a case, the review and approval process and the
notifications set out below may be consolidated to cover all of the furloughs
proposed and/or approved for that resident for that month. (For example, a
resident who has been granted a furlough pass and is now eligible for furlough
passes twice a week may use one application to request eight furlough passes to
the same location and with the same sponsor for a particular calendar month,
and the Unit Team and the Chief Administrative Officer may review and approve
all eight passes together and the notifications of the eight proposed and/or
approved furlough passes may be made in one writing.)
16. A resident may withdraw an already
submitted furlough program application at any time.
Procedure G: Unit Team Review
1. For a furlough pass with a family member
or for a furlough leave, the facility's Community Program Coordinator (CPC), or
other designated staff, shall verify the contact phone number listed by the
resident and enter the results into CORIS.
2. For an initial furlough or a subsequent
furlough to a different sponsor, the CPC, or other designated staff, shall
determine whether the proposed sponsor and other persons with whom the resident
is likely to have contact, e.g., family living with the sponsor at the proposed
furlough location, are prohibited from visits with the resident.
3. If there are prohibited contacts, the CPC,
or other designated staff, shall notify the resident's case manager, who shall
notify the resident that they must submit a modified application (e.g., for a
different sponsor who is not a prohibited contact). The CPC, or other
designated staff, shall reject any subsequent application that does not address
the issue and so notify the resident and the resident's case manager. The CPC,
or other designated staff, shall document their action in CORIS. There is no
appeal from this action.
4. If
there are no prohibited contacts, the CPC, or other designated staff, shall
contact the proposed sponsor to find out if the person is willing and able to
sponsor the resident while on furlough.
5. If the person is willing and able to
sponsor the resident, the CPC, or other designated staff, shall forward a copy
of the sponsor's Furlough Agreement (CORIS form) and shall also forward the
Furlough Program Agreement and Conditions (Attachment D) and the Furlough
Sponsor Rules (Attachment E) to the proposed sponsor.
6. Once the signed Furlough Agreement has
been received back from the sponsor, the CPC, or other designated staff, shall
conduct a review and enter the results into CORIS. The review shall consist of:
a. criminal history background check of the
sponsor and of other persons with whom the resident is likely to have contact,
if appropriate;
b. verification of
transportation arrangements (including year, make, model, color and license
plate number of the vehicle and current registration, insurance, and
inspection) and of a valid driver's license (including state, driver's license
number, and expiration date) for the person who will be providing
transportation from and to the facility;
c. for a furlough pass, consultation with the
local probation officer, if it appears the probation officer may be familiar
with the sponsor or other persons with whom the resident is likely to have
contact, or is familiar with the proposed location (other than a pre-approved
location), or that the officer has other relevant information; and
d. if applicable, the obtaining of other
relevant information (e.g., if a furlough pass is being proposed for an
interview for employment, confirmation of the time and place of the scheduled
interview).
7. For a
furlough pass, if the sponsor is a volunteer, in addition to taking the above
steps, the CPC, or other designated staff, shall ensure the volunteer is at
least twenty-one (21) years old; the volunteer has been cleared through the
volunteer process; the volunteer has completed training, to include training
specific to furlough passes; and the volunteer has been approved to take the
resident on a pass by the Chief Administrative Officer, or designee.
8. If, after the satisfactory completion of
the above steps, the resident remains eligible for the furlough, the CPC, or
other designated staff, shall forward the Furlough Pass Application or Furlough
Leave Application, as applicable, to the Unit Team.
9. If the resident remains eligible, the Unit
Team shall review the furlough application and any other relevant information
at its next scheduled meeting. As part of its review, the Unit Team may suggest
modifications to the application, suggest programs or services that the
resident should participate in or complete prior to proceeding with the
application, and/or make recommendations for additional conditions in order to
enhance the resident's likelihood of successfully completing the furlough if
approved.
10. The Unit Team shall
document its review in CORIS, including any suggestions or recommendations and
the reasons for those suggestions or recommendations, shall provide the
resident with an explanation in writing for any suggested modifications to the
application and any suggestions as to programs or services that the resident
should participate in or complete prior to proceeding with the application, and
shall provide a copy of the explanation to the CPC, or other designated staff,
as well as the resident's case manager.
11. If there are no suggestions for
modifications to the application and no suggestions as to programs or services,
the application as originally forwarded to the Unit Team shall be further
forwarded as set out below.
12. If
there are suggestions as to programs or services, the resident may choose to
withdraw the application and resubmit it after participating in or completing
the programs or services as suggested or may choose to have the application
further forwarded as set out below.
13. If there are suggestions for
modifications to the application, and the application is resubmitted to the
Unit Team with modifications, it shall be further reviewed by the Team, after
which the application shall be forwarded as set out below.
14. If there are suggestions for
modifications to the application, and the application is not resubmitted to the
Unit Team within fifteen (15) days, the application as originally forwarded to
the Team shall be further forwarded as set out below.
15. The Unit Team shall forward the
application, along with the written explanation sent to the resident, if
applicable, and the Furlough Program Review Form (Attachment F) to the Chief
Administrative Officer, or designee.
16. Along with the above, the Unit Team shall
forward to the Chief Administrative Officer, or designee, its recommendation as
to whether the application should be approved based upon the primary factor and
criteria set out in Procedure A.
17. The Unit Team shall also notify the CPC,
or other designated staff, that the Unit Team Review is complete.
18. Upon notification that the Unit Team
Review is complete, the CPC, or other designated staff, shall ensure that the
Department's Director of Victim Services, or designee, the prosecuting
attorney, the district attorney for the district in which the proposed furlough
address is located, the Maine Department of Public Safety, the sheriff for the
county in which the proposed furlough address is located, and the police chief
of any municipality in which the proposed furlough is located is notified in
writing of the proposed furlough. In addition, if the resident might be allowed
to go to a location other than the furlough address and it is in a different
municipality or county, notification shall be made to the appropriate criminal
justice agencies for that location.
19. For a furlough pass or for a furlough
leave to the same location and with the same sponsor as a previously granted
furlough leave, the written notification shall request that any feedback about
the proposal, including any objections to the resident being granted a
furlough, be made to the facility Chief Administrative Officer, or designee.
For an initial furlough leave or a furlough leave to a different location or
with a different sponsor, the written notification shall request that any
feedback about the proposal, including any objections to the resident being
granted a furlough, be made to the appropriate Regional Correctional
Administrator, or designee, who shall forward it to the probation officer for
inclusion in the Furlough Leave Community Report.
Procedure H: Chief Administrative Officer Review
1. For a furlough leave not requiring
a Community Review or for a furlough pass, if the resident remains eligible for
the furlough, the Chief Administrative Officer, or designee, after waiting at
least one (1) week for feedback from the notified criminal justice agencies and
after consultation with the Department's Director of Victim Services, or
designee, shall review the furlough application and any other relevant
information and make a decision as to whether the resident is approved for the
furlough based upon the primary factor and criteria set out in Procedure A and
what, if any, modifications to the application and/or additional conditions are
required.
2. The Director, or
designee, may request the Chief Administrative Officer, or designee, to
postpone the decision until the victim, if any, of the crime(s) for which the
resident was, is, or will be serving the sentence during the current time and
custody is notified of the proposal that the resident be allowed to participate
in the furlough and is given the opportunity to provide input.
3. The Chief Administrative Officer, or
designee, shall document the decision on the Furlough Program Review form and
in CORIS.
4. For a furlough leave
requiring a Community Review (an initial furlough leave or a second or
subsequent furlough leave to a different location or with a different sponsor),
if the resident remains eligible for the furlough, the Chief Administrative
Officer, or designee, shall review the furlough leave application and any other
relevant information and make a recommendation as to whether the resident
should be approved for the furlough leave based upon the primary factor and
criteria set out in Procedure A.
5.
If the resident is recommended for the furlough leave, the Chief Administrative
Officer, or designee, shall document the recommendation in CORIS, including any
additional conditions recommended, and the reasons for the recommendations and
ensure the Unit Team forwards the application and other documents as set out
below.
6. If the resident is not
recommended for the furlough leave, the Chief Administrative Officer, or
designee, shall document the recommendation and the reasons for the
recommendation in CORIS, shall provide an explanation to the resident in
writing, to include any suggested modifications to the application and any
suggestions as to programs or services that the resident should participate in
or complete prior to resubmitting the application, and shall provide a copy of
the explanation to the Unit Team, the CPC, or other designated staff, as well
as the resident's case manager.
7.
If there are suggestions as to programs or services, the resident may choose to
withdraw the application and resubmit it after they have participated in or
completed the programs or services as suggested or may choose to have the
application further forwarded as set out below.
8. If there are suggestions for modifications
to the application, and the application is resubmitted to the Unit Team with
modifications, it shall be further reviewed by the Team and the Chief
Administrative Officer, or designee, and a further recommendation shall be made
by the Chief Administrative Officer, or designee, after which the application
shall be forwarded as set out below.
9. If there are suggestions for modifications
to the application, and the application is not resubmitted within fifteen (15)
days, the application as originally forwarded to the Chief Administrative
Officer, or designee, and other documents shall be further forwarded as set out
below.
10. Once this initial Chief
Administrative Officer Review is completed, the Unit Team shall:
a. forward the following to the appropriate
Regional Correctional Administrator, or designee:
1) the furlough leave packet;
2) the Furlough Leave Review form; and
3) written explanation(s) sent to
the resident, if applicable; and
b. notify the CPC, or other designated staff,
that the initial Chief Administrative Officer Review is
complete.
Procedure I: Community Review for Initial Furlough
Leave or Subsequent Furlough Leave to Different Location or with Different
Sponsor
1. If the resident
remains eligible for the furlough leave, upon receipt of the furlough leave
packet and the other documents, the Regional Correctional Administrator, or
designee, shall ensure a probation officer completes the Furlough Leave
Community Report (Attachment G) within thirty (30) days.
2. The probation officer may include in the
report suggested modifications to the Furlough Leave Application and/or
recommendations for additional conditions in order to enhance the resident's
likelihood of successfully completing the furlough if granted.
3. Once the Furlough Leave Community Report
is completed, the probation officer shall ensure the information is entered
into CORIS.
4. The Regional
Correctional Administrator, or designee, shall review the furlough leave
application, the report, and any other relevant information and make a
recommendation as to whether the resident should be approved for the furlough
leave based upon the primary factor and criteria as set out in Procedure
A.
5. If the resident is
recommended for furlough leave, the Regional Correctional Administrator, or
designee, shall document the recommendation in CORIS, including any additional
conditions recommended, and the reasons for the recommendations and forward the
furlough leave packet and other documents as set out below.
6. If the resident is not recommended for
furlough leave, the Regional Correctional Administrator, or designee, shall
document the recommendation and the reasons for the recommendation in CORIS,
shall provide an explanation to the resident in writing, to include any
suggested modifications to the Furlough Leave Application, and shall provide a
copy of the explanation to the probation officer, the Community Programs
Coordinator (CPC), or other designated staff, as well as the resident's case
manager.
7. If the Furlough Leave
Application is resubmitted to the Regional Correctional Administrator, or
designee, with modifications, it shall, if necessary, be forwarded to the
probation officer for the completion of a new Furlough Leave Community Report.
The application, and any new report, shall be further reviewed by the Regional
Correctional Administrator, or designee, and a further recommendation shall be
made by the Regional Correctional Administrator, or designee, after which the
packet with the modified application and other documents shall be forwarded as
set out below.
8. If the
application is not resubmitted within fifteen (15) days, the packet with the
application as originally forwarded to the Regional Correctional Administrator,
or designee, and other documents shall be further forwarded as set out
below.
9. Once the Community Review
is completed, the Regional Correctional Administrator, or designee, shall:
a. forward the following to the appropriate
Chief Administrative Officer, or designee:
1)
the furlough leave packet;
2) the
Furlough Leave Community Report;
3)
the Furlough Leave Review form; and
4) written explanation(s) sent to the
resident, if applicable; and
b. notify the Community Programs Coordinator
(CPC), or other designated staff, that the Community Review is complete. The
CPC, or other designated staff, shall then notify the Department's Director of
Classification (if it is an initial furlough leave) and the Director of Victim
Services, or their designees.
10. Along with the above, the Regional
Correctional Administrator, or designee, shall forward to the Chief
Administrative Officer, or designee, their recommendation as to whether the
application should be approved based upon the primary factor and criteria set
out in Procedure A.
Procedure J: Chief Administrative Officer Review for
Initial Furlough Leave or Subsequent Furlough Leave to Different Location or
with Different Sponsor
1. For a
furlough leave not requiring the approval of the Department's Director of
Classification, or designee, if the resident remains eligible for the furlough,
the Chief Administrative Officer, or designee, after consultation with the
Department's Director of Victim Services, or designee, shall review the
furlough application, the community report, and any other relevant information
and make a decision as to whether the resident is approved for the furlough
based upon the primary factor and criteria set out in Procedure A and what, if
any, modifications to the application and/or additional conditions are
required.
2. The Director, or
designee, may request the Chief Administrative Officer, or designee, to
postpone the decision until the victim, if any, of the crime(s) for which the
resident was, is, or will be serving the sentence during the current time and
custody is notified of the proposal that the resident be allowed to participate
in the furlough and is given the opportunity to provide input.
3. The Chief Administrative Officer, or
designee, shall document the decision on the Furlough Program Review form and
in CORIS.
4. For a furlough leave
requiring the approval of the Department's Director of Classification, or
designee (an initial furlough leave), if the resident remains eligible for the
furlough, the Chief Administrative Officer, or designee, shall review the
furlough leave application, the community report, and any other relevant
information and make a recommendation as to whether the resident should be
approved for the furlough leave based upon the primary factor and criteria set
out in Procedure A.
5. If the
resident is recommended for the initial furlough leave, the Chief
Administrative Officer, or designee, shall document the recommendation in
CORIS, including any additional conditions recommended, and the reasons for the
recommendations and ensure the Unit Team forwards the application and other
documents as set out below.
6. If
the resident is not recommended for the initial furlough leave, the Chief
Administrative Officer, or designee, shall document the recommendation and the
reasons for the recommendation in CORIS, shall provide an explanation to the
resident in writing, to include any suggested modifications to the application
and any suggestions as to programs or services that the resident should
participate in or complete prior to resubmitting the application, and shall
provide a copy of the explanation to the Unit Team, the CPC, or other
designated staff, as well as the resident's case manager.
7. If there are suggestions as to programs or
services, the resident may choose to withdraw the application and resubmit it
after they have participated in or completed the programs or services as
suggested or may choose to have the application further forwarded as set out
below.
8. If there are suggestions
for modifications to the application, and the application is resubmitted to the
Unit Team with modifications, it shall be further reviewed by the Team and the
Chief Administrative Officer, or designee, and a further recommendation shall
be made by the Chief Administrative Officer, or designee, after which the
application shall be forwarded as set out below.
9. If there are suggestions for modifications
to the application, and the application is not resubmitted within fifteen (15)
days, the application as originally forwarded to the Chief Administrative
Officer, or designee, and other documents shall be further forwarded as set out
below.
10. Once the Chief
Administrative Officer Review is completed, the Chief Administrative Officer,
or designee, shall:
a. forward the following
to the Department's Director of Classification, or designee:
1) furlough leave packet;
2) Furlough Leave Community Report;
3) Furlough Leave Review form; and
4) written explanation(s) sent to the
resident, if applicable; and
b. notify the CPC, or other designated staff,
that the Chief Administrative Officer Review is complete. The CPC, or other
designated staff, shall then notify the Department's Director of Victim
Services, or their designees.
11. Along with the above, the Chief
Administrative Officer, or designee, shall forward to the Department's Director
of Classification, or designee, their recommendation as to whether the initial
furlough leave should be approved based upon the primary factor and criteria
set out in Procedure A.
Procedure K: Director of Classification Review and
Approval Process
1. If the
resident remains eligible for the initial furlough leave, the Department's
Director of Classification, or designee, after consultation with the
Department's Director of Adult Community Corrections and Director of Victim
Services, or their designees, shall review the application, the community
report, and any other relevant information, and make the decision as to whether
the initial furlough leave is approved based upon the primary factor and
criteria set out in Procedure A and what, if any, modifications to the SCCP
Plan and/or additional conditions are required.
2. The Director of Victim Services, or
designee, may request the Director of Classification, or designee, to postpone
the decision until the victim, if any, of the crime(s) for which the resident
was, is, or will be serving the sentence during the current time and custody is
notified of the proposal that the resident be allowed to participate in the
furlough and is given the opportunity to provide input.
3. The Department's Director of
Classification, or designee, shall document the decision on the Furlough
Program Review form and in CORIS.
Procedure L: Further Actions
1. If approval is granted, the Chief
Administrative Officer, or designee, or the Director of Classification, or
designee, as applicable, shall notify the Community Programs Coordinator (CPC),
or other designated staff, as well as the resident's case manager, of that
decision. The Director of Classification, or designee, if applicable, shall
also notify the Chief Administrative Officer, or designee.
2. If the resident remains eligible for the
furlough, the CPC, or other designated staff, shall meet with the resident to
review the Furlough Program Agreement and Conditions, (including any additional
conditions, obtain the resident's signature, and provide to the resident a copy
of the signed Furlough Program Agreement and Conditions. The resident shall
attest to the receipt of the copy of the agreement and conditions by
acknowledging the receipt in writing.
3. If the resident is not already classified
community custody, a Department approved classification instrument shall be
completed by the Unit Team to ensure that the resident is eligible for
community custody. If community custody is approved through the classification
process, and the resident remains eligible for participation in the furlough
program, the resident shall be permitted to participate in the furlough as set
out below.
4. Approval for the
furlough may be withdrawn at any time for any reason at the complete discretion
of the Commissioner, or designee, or the Chief Administrative Officer, or
designee.
5. If approval is denied,
the Chief Administrative Officer, or designee, or Director of Classification,
or designee, as applicable, shall notify the CPC, or other designated staff, as
well as the resident's case manager, of that decision and provide the written
explanation for the decision. The Director of Classification, or designee, if
applicable, shall also notify the Chief Administrative Officer, or
designee.
6. The CPC, or other
designated staff, shall meet with the resident and provide to the resident a
copy of the decision and the written explanation. The resident shall attest to
the receipt of the denial and the explanation by acknowledging the receipt in
writing.
7. The resident may choose
to appeal a denial as provided below or may resubmit an application with
material modifications or after participating in or completing suggested
programs or services.
8. If a
resident who has been denied approval for a furlough, regardless of whether
there has been no appeal or the decision to deny has been upheld on appeal,
submits an application without the suggested modifications and/or without
participating in or completing suggested programs or services, unless the
issues leading to the denial have otherwise been resolved, the CPC, or other
designated staff, shall reject the application and so notify the resident and
the resident's case manager. The CPC, or other designated staff, shall document
their action in CORIS. There is no appeal from this action.
Procedure M: Medical Furlough Leave
1. The Commissioner, or designee, may grant
an adult facility resident a furlough leave to obtain necessary medical
services without meeting any of the above eligibility, application, or other
requirements, or criteria if the resident is classified community
custody.
2. In addition, the
Commissioner, or designee, may grant an adult facility resident who is not
community custody a furlough leave to obtain necessary medical services,
without meeting any of the above eligibility, application, or other
requirements or criteria if the Department's Director of Medical Services has
determined that the resident has a terminal or severely incapacitating medical
condition or will be incapacitated due to surgery and if the Commissioner, or
designee, determines the resident does not require security staff supervision
while receiving the medical services.
3. The Commissioner, or designee, may approve
a furlough pursuant to this provision through any process that the
Commissioner, or designee, determines appropriate, except that the
Commissioner, or designee, shall consult with the Department's Director of
Victim Services, or designee.
4.
The Director, or designee, may request the Commissioner, or designee, to
postpone the decision until the victim, if any, of the crime(s) for which the
resident was, is, or will be serving the sentence during the current time and
custody is notified of the proposal that the resident be allowed to participate
in the furlough leave and is given the opportunity to provide input.
5. The Commissioner, or designee, shall
document the decision in CORIS.
6.
If granted a medical furlough leave, the resident shall be reclassified
community custody prior to the start of the furlough, if not already so
classified.
7. The resident shall
return or be returned to the facility and reclassified to their prior custody
level once the medical services have been obtained.
8. The Commissioner, or designee, may
terminate the furlough, reclassify the resident to their prior custody level,
and require security staff supervision while medical services are being
obtained at any time if the resident's condition improves or for any other
reason.
9. All decisions made
pursuant to this procedure are at the complete discretion of the Commissioner,
or designee, and these decisions may not be appealed.
Procedure N: Notification and Record
Keeping
1. As soon as a
resident is approved for a furlough, the Community Programs Coordinator (CPC),
or other designated staff, shall determine the furlough date and notify the
resident's Unit Manager, Central Control, facility health care staff, the
Department's Director of Classification, or designee, and the Department's
Director of Victim Services, or designee.
2. The date for furlough shall be set for the
approved date, provided the resident remains eligible for participation, and
considering the time needed by facility staff to complete the necessary
paperwork, to arrange for the provision of medication while in the community,
etc. If applicable, the date shall be set so that if there is a victim of the
crime(s) for which the resident was, is, or will be serving a sentence during
the current time in custody, there is sufficient time allowed for possible
victim notification, in accordance with Department Policy 6.1, Victim
Notification of Resident Release.
3. At least fourteen (14) days before the
resident's furlough pass or furlough leave date, the CPC, or other designated
staff, shall ensure that notification of the furlough is provided to the Unit
Manager, Central Control, admitting staff, facility health care staff, the
Department's Director of Victim Services, or designee, the Department's
Director of Classification, or designee, the appropriate Regional Correctional
Administrator, or designee, and the criminal justice agencies that were
initially notified of the furlough request.
4. This notification shall include, but not
be limited to, the name of the resident, the beginning and ending date(s) and
time(s) of the furlough, and the area(s) the furlough is restricted to, and any
furlough conditions additional to the mandatory conditions.
5. If the furlough is due to an emergency
(including a medical furlough) and time does not permit the notification to be
made fourteen (14) days in advance, the above persons and agencies shall be
notified as soon as possible by email and/or verbally of the furlough and of
the required details.
6. If
approval for a furlough is withdrawn or the furlough is delayed, the CPC, or
other designated staff, shall provide notification of the withdrawal or delay,
as soon as possible, to the facility staff who received the notification of the
approval, the Department's Director of Victim Services, or designee, the
Department's Director of Classification, or designee, the Regional Correctional
Administrator, or designee, and the criminal justice agencies who received the
notification of the approval.
7.
When the resident:
a. departs the facility for
a furlough, designated facility staff shall make an entry in the Central
Control logbook to include the date and time of the departure and the name of
the person who is picking up the resident; and
b. returns from the furlough, designated
facility staff shall make an entry in the Central Control logbook to include
the date and time of the resident's return and the name of the person who is
dropping off the resident.
8. Designated facility staff shall ensure
that the resident is placed on the out count while they are on the furlough as
set out in Department Policy (AF) 14.2, Count Management.
9. All recommendations and decisions made
with respect to participation in the furlough program and all meetings with the
resident required under this policy shall be documented in CORIS.
10. The Furlough Pass Application or Furlough
Leave Application and all other documents related to the application, up to and
including any appeals and responses to appeals, shall be maintained in the
resident's case management record.
11. No earlier than the day prior to the
resident leaving for the furlough, the CPC, or other designated staff, shall
check to ensure that the resident continues to meet all the eligibility
criteria and shall initial the agreement form indicating that the check has
been made.
12. The CPC, or other
designated staff, shall ensure that at the time of pick-up for the furlough,
the sponsor is given a copy of the Furlough Permission form.
Procedure O: Mandatory Conditions
1. The resident shall only utilize
transportation that has been approved by the Chief Administrative Officer, or
designee, and with only an approved driver and other approved passengers, as
set out in the Furlough Program Agreement and Conditions.
2. The resident shall only be at the
location(s) and only for the purposes shown on the Furlough Program Agreement
and Conditions and at ordinary stopovers, e.g., gas, restroom, etc. on a direct
route to or from the location(s), shall remain at the specified location(s)
during the specified period, and shall return from the furlough location by the
specified time.
3. If a resident
becomes ill or injured, another unforeseen emergency occurs, or the purpose of
the furlough is canceled or ends early, and the resident is prevented from
going to the location specified, remaining at the specified location during the
specified period, or returning from a furlough by the specified time, the
resident shall notify the facility as soon as practicable for instructions and
follow the instructions.
4. The
resident shall not possess or use illegal drugs or other substances that are
illegal under federal or state law, shall not possess or use alcohol or
marijuana, and shall not misuse any legal substance.
5. The resident shall submit to urinalysis,
breath testing, or other chemical tests at the request of facility staff or a
probation officer.
6. The resident
shall not own, possess, or use any firearm or other dangerous
weapons.
7. The resident shall
notify any law enforcement officer, if stopped, of the resident's status as an
individual on a Maine Department of Corrections furlough and notify the Chief
Administrative Officer, or designee, as soon as practicable of any such contact
with any law enforcement officer.
8. The resident shall not leave the facility
with any unallowable or contraband property, shall bring back to the facility
all property they left with, and shall not return from the location with any
property they did not take out with them.
9. The resident shall not operate any
motorized vehicles on a public way and shall not operate any motorized vehicle
anywhere else unless it is authorized by the Chief Administrative Officer, or
designee, as set out in the additional conditions in the Furlough Program
Agreement and Conditions.
10. The
resident shall not convey any messages, written or verbal, into or out of the
facility, to any person on behalf of any other person.
11. The resident shall not enter into any
contractual agreement without the written permission of the Chief
Administrative Officer, or designee.
12. The resident shall not receive visits
except as set out in the additional conditions in the Furlough Program
Agreement and Conditions.
13. The
resident shall not use or possess any prescription medication or medication
requiring a photo identification to purchase or receive any health care
treatment other than as prescribed by facility health care staff, except where
an emergency arises (or the resident is on a medical furlough) and the
medication or treatment is prescribed by a licensed health care provider, and
upon return to the facility the resident shall notify facility staff of any
prescribed medication or treatment received in the community.
14. The resident shall take all reasonable
steps to avoid contact with any person with whom they are prohibited from
having contact.
15. The resident
shall report to designated facility staff any contact with any person with whom
they are prohibited from having contact and shall follow the instructions of
the staff for avoiding further contact. Instructions may include, but are not
limited to, going to a different location or returning to the
facility.
16. The resident shall
comply with Department Policy (AF) 20.1, Resident Discipline, and other
Department policies to the extent applicable.
17. The resident shall comply with all
applicable state, federal, and other laws.
18. For a resident who has been sentenced to
probation or supervised release for sex offenders, the resident shall, as
applicable and practicable, comply with all court-ordered conditions of
probation or supervised release while on the furlough, including any condition
that is currently in effect, is to become effective at a later date, or is no
longer in effect as the result of a current revocation.
19. Additional conditions may be imposed at
any time by the Chief Administrative Officer, or designee, and if there are any
additional conditions for the furlough, they shall be specified on the Furlough
Permission form, as well as Furlough Program Agreement and Conditions form.
Procedure P: Random Contacts with Residents on Furlough
Leaves
1. Designated facility
staff shall contact each resident on a furlough leave (except for a medical
furlough) directly by telephone on a random basis, at least once per shift. If
contact is not made, another contact attempt shall be made within fifteen (15)
minutes.
2. If contact is not made
after two (2) tries on any one shift, the staff shall immediately notify the
Duty Officer. The Duty Officer shall determine what additional action, if any,
should be taken.
3. If the Duty
Officer determines that the resident needs to be contacted in person, the Duty
Officer shall contact the appropriate probation officer, or local law
enforcement, whichever is closer, and ask them to check on the resident. After
law enforcement or the probation officer has checked and reported back or if a
check was not able to be conducted within a reasonable period of time, the Duty
Officer shall make a decision at that time whether and by what means the
resident is to return or be returned to the facility.
4. All contacts or attempts at contact and
any resulting issues and actions shall be documented in CORIS.
Procedure Q: Termination of a Furlough
1. A resident's failure to follow any
condition of the furlough program may result in termination of the furlough. It
may also result in disciplinary action, revocation of probation or supervised
release for sex offenders, and/or criminal prosecution.
2. If facility staff observes, receives a
report of, or otherwise discovers that a resident may have violated the
Furlough Program Agreement and Conditions, the staff shall immediately notify
the Duty Officer. The Duty Officer shall make a decision at that time whether
to terminate the resident's furlough and, if so, by what means the resident is
to return or be returned to the facility.
3. The staff shall also immediately notify
the Chief Administrative Officer, or designee, if it appears that the resident
has failed to go to the location specified, failed to remain at the specified
location during the specified period, or failed to return from the furlough by
the specified time and therefore may have escaped from the furlough as set out
in Title 17-A, Section 755(1) or (1-C).
4. This does not apply if a resident becomes
ill or injured, another unforeseen emergency occurs, or the purpose of the
furlough is canceled or ends early, and the resident is prevented from going to
the location specified, remaining at the specified location during the
specified period, or returning from a furlough by the specified time, and the
resident has notified facility staff for instructions and is following the
instructions.
5. If the Chief
Administrative Officer, or designee, is notified by facility staff that a
resident may have escaped, they shall notify the Commissioner, or designee, to
determine whether to have the resident returned to a Department facility or
arrested and held in a jail pending return to a Department facility, have the
facility issue an arrest warrant for escape, or take other appropriate action.
If the Chief Administrative Officer, or designee, believes it is necessary to
have the resident arrested based on probable cause of an escape prior to
notifying the Commissioner, or designee, the Chief Administrative Officer, or
designee, may do so.
6. The Chief
Administrative Officer, or designee, shall also notify the Department's
Director of Victim Services, or designee, if it appears that the resident may
have escaped and if and when the resident returns or is returned to the
facility or is arrested.
7. If a
furlough is terminated, the staff notifying the Duty Officer of the violation
shall, as soon as possible, complete a written report stating the reason(s) for
the termination. The staff shall forward the report to the Chief Administrative
Officer, or designee, who shall forward it to the Department's Director of
Classification, and the Department's Director of Victim Services, or their
designees.
8. Once the report is
completed, the staff shall ensure the information is entered into
CORIS.
9. Regardless of whether a
resident has failed to follow any condition of the furlough, the furlough may
be terminated at any time, for any reason, in the complete discretion of the
Commissioner, or designee.
Procedure R: Suspension or Restriction of
Privileges
1. A resident's
failure to follow any condition of the furlough program may also result in
suspension or restriction of furlough privileges as determined by the Chief
Administrative Officer, or designee.
2. The resident shall be notified in writing
of a suspension or restriction of their furlough privileges.
3. A suspension or restriction may be imposed
for either a definite or indefinite period of time.
4. In the case of a suspension or restriction
of a resident's furlough privileges for a definite period of time, once the
specified time has elapsed, the resident may apply for reinstatement of
furlough privileges by writing to the Chief Administrative Officer, or
designee. The Chief Administrative Officer, or designee, may decide to grant
reinstatement, extend the suspension or restriction for a definite period of
time, or change a suspension to a restriction for a definite period of
time.
5. In the case of a
suspension or a restriction of furlough privileges for an indefinite period of
time, after a year has elapsed, the resident may apply for reinstatement of
furlough privileges by writing to the Chief Administrative Officer, or
designee. The Chief Administrative Officer, or designee, may decide to grant
reinstatement, extend the suspension or restriction for a definite or
indefinite period of time, or change a suspension to a restriction for a
definite or indefinite period of time.
6. If a resident's furlough privileges have
been suspended, the resident shall be informed in writing that they may reapply
for reinstatement once the specified definite period of time has elapsed or, if
the suspension is for an indefinite period of time, that they may reapply after
one year has elapsed.
7. Nothing in
this policy prevents a resident from receiving a disciplinary disposition of
loss of furlough privileges for a disciplinary violation related to furloughs
in accordance with Department Policy (AF) 20.1, Resident Discipline.
Procedure S: Appeals
1. A resident may appeal a decision to deny
an initial furlough leave or withdraw approval for an initial furlough leave by
sending the Appeal (SCCP, Furlough Program, Community Transition Program) form
(Attachment H) to the Deputy Commissioner, or designee, via the U.S. Postal
Service.
2. In order to be
reviewed, the appeal must be postmarked within fifteen (15) days of when the
written explanation of the denial was received by the resident or the resident
was notified of the withdrawal of the approval, whichever is
applicable.
3. If an appeal is
timely, after reviewing the case with the Department's Director of
Classification and Director of Victim Services, or their designees, the Deputy
Commissioner, or designee, shall make a decision on the appeal and send a
written response to the resident within fifteen (15) days after receiving the
appeal. The response to the appeal shall be marked as "legal mail" and
processed as such at the facility where the resident is housed.
4. A resident may appeal a decision to deny
any other furlough or withdraw approval for any other furlough by sending the
Appeal (SCCP, Furlough Program, Community Transition Program) form (Attachment
H) to the Department's Director of Classification, or designee, via the U.S.
Postal Service.
5. In order to be
reviewed, the appeal must be postmarked within fifteen (15) days of when the
written explanation of the denial was received by the resident or the resident
was notified of the withdrawal of the approval, whichever is
applicable.
6. A resident may
appeal termination of a furlough by sending the Appeal (SCCP, Furlough Program,
Community Transition Program) form (Attachment H) to the Department's Director
of Classification, or designee, via the U.S. Postal Service.
7. In order to be reviewed, the appeal must
be postmarked within fifteen (15) days of the termination.
8. A resident may appeal a restriction or
suspension of furlough by sending the Appeal (SCCP, Furlough Program, Community
Transition Program) form (Attachment H) to the Department's Director of
Classification, or designee, via the U.S. Postal Service.
9. In order to be reviewed, the appeal must
be postmarked within fifteen (15) days of when the restriction or suspension
decision was received by the resident.
10. If an appeal is timely, after reviewing
the case with the Director of Victim Services, or designee, the Director of
Classification, or designee, shall make a decision on the appeal and send a
written response to the resident within fifteen (15) days after receiving the
appeal. The response to the appeal shall be marked as "legal mail" and
processed as such at the facility where the resident is housed.
11. Upon review of the appeal, the Deputy
Commissioner, or designee, or Director of Classification, or designee, as
applicable, may:
a. approve the
decision;
b. reverse the
decision;
c. modify the decision;
or
d. remand the matter for review
at an earlier point in the process.
12. The Deputy Commissioner, or designee, or
Director of Classification, or designee, as applicable, shall provide a copy of
the response to the Director of Classification (if the appeal was reviewed by
the Deputy Commissioner, or designee), Director of Victim Services, and the
applicable Chief Administrative Officer, or their designees. The Department's
Director of Classification, or designee, shall also document the final decision
in CORIS.
13. For an appeal
reviewed by the Deputy Commissioner, or designee, the Deputy Commissioner, or
designee, is the final authority on an appeal (i.e., there is no further
administrative level of appeal). For other appeals, the Department's Director
of Classification, or designee, is the final authority on an appeal (i.e.,
there is no further administrative level of appeal).