Maine Revised Statutes Title 34-A Sec. 1214 – Office of Victim Services
Current as of: 2023 | Check for updates
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1. Establishment. The Office of Victim Services, referred to in this section as the “office,” is established within the department to advocate for compliance by the department, any correctional facility, any detention facility, community corrections as defined in section 1210?E, subsection 1, paragraph A or any contract agency with all laws, administrative rules and institutional and other policies relating to the rights and dignity of victims.
A. [PL 2017, c. 128, §5 (RP).]
B. [PL 2017, c. 128, §5 (RP).]
[PL 2023, c. 405, Pt. A, §121 (AMD); PL 2023, c. 405, Pt. A, §123 (AFF).]
Terms Used In Maine Revised Statutes Title 34-A Sec. 1214
- Commissioner: means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. See Maine Revised Statutes Title 34-A Sec. 1001
- Contract: A legal written agreement that becomes binding when signed.
- Contract agency: means a facility or program outside the jurisdiction of the department, providing services under contract to the department. See Maine Revised Statutes Title 34-A Sec. 1001
- Correctional facility: means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208?A. See Maine Revised Statutes Title 34-A Sec. 1001
- Department: means the Department of Corrections. See Maine Revised Statutes Title 34-A Sec. 1001
- Detention facility: means the Long Creek Youth Development Center. See Maine Revised Statutes Title 34-A Sec. 1001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restorative justice: means a practice in which offenders take responsibility for causing harm and engage in a facilitated process with victims, family members, community members, advocates and others impacted by the harm that focuses on repairing the harm, addressing needs and preventing future harm. See Maine Revised Statutes Title 34-A Sec. 1001
2. Victim Services Coordinator. The Victim Services Coordinator shall direct and coordinate the office.
A. The Victim Services Coordinator shall report only to the commissioner or the commissioner’s designee. [PL 2017, c. 128, §6 (AMD).]
B. The Victim Services Coordinator shall, with the approval of the commissioner or the commissioner’s designee, select other victim advocates needed to carry out the intent of this section and who shall report only to the Victim Services Coordinator. [PL 2017, c. 128, §6 (AMD).]
[PL 2017, c. 128, §6 (AMD).]
3. Duties. The office, through the Victim Services Coordinator and other victim advocates, shall:
A. Receive or refer complaints made by victims; [PL 2001, c. 439, Pt. G, §1 (NEW).]
B. Intercede on behalf of victims with officials of the department, any correctional facility, any detention facility, community corrections as defined in section 1210?E, subsection 1, paragraph A or any contract agency or assist these persons in the resolution of victim-related issues; [PL 2023, c. 405, Pt. A, §122 (AMD); PL 2023, c. 405, Pt. A, §123 (AFF).]
C. Act as an information source regarding the rights of victims and keep informed about all laws, administrative rules and institutional and other policies relating to the rights and dignity of victims and about relevant legal decisions and other developments related to the field of corrections, both in this State and in other parts of the country; [PL 2001, c. 439, Pt. G, §1 (NEW).]
D. Ensure that victims who request notice of release receive it; [PL 2001, c. 439, Pt. G, §1 (NEW).]
E. Assist victims who are being harassed by persons in the custody or under the supervision of the department with obtaining protection from that harassment; [PL 2001, c. 477, §2 (AMD).]
F. Assist victims with obtaining victim compensation, restitution and other benefits of restorative justice; and [PL 2001, c. 477, §2 (AMD).]
G. Ensure the safety of clients who are also victims by advising the commissioner of information that may place a client at risk if disclosed pursuant to Title 1, section 402, subsection 3?A. [PL 2001, c. 477, §3 (NEW).]
[PL 2023, c. 405, Pt. A, §122 (AMD); PL 2023, c. 405, Pt. A, §123 (AFF).]
4. Confidentiality. Requests for action by the office must be treated confidentially and may be disclosed only to a state agency if necessary to carry out the statutory functions of that agency or to a criminal justice agency if necessary to carry out the administration of criminal justice as defined in Title 16, section 703, subsection 1 or the administration of juvenile justice. In no case may a victim’s request for notice of release be disclosed outside the department and the office of the attorney for the State with which the request was filed.
[PL 2021, c. 365, §34 (AMD); PL 2021, c. 365, §37 (AFF).]
5. Report regarding domestic violence intervention programs. Beginning January 2003 and annually thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters regarding the work of domestic violence intervention programs. The report must include information regarding: meeting program benchmarks and goals, developing and implementing new programs, measuring effectiveness of existing programs and communicating and coordinating efforts with providers of substance use disorder services, literacy support and other services with whom persons ordered to complete a domestic violence intervention program may need to work in order to participate meaningfully in a domestic violence intervention program.
[PL 2021, c. 174, §14 (AMD).]
Revisor’s Note: §1214. Accreditation (As enacted by PL 2001, c. 458, § 3 is REALLOCATED TO TITLE 34-A, SECTION 1215)
SECTION HISTORY
RR 2001, c. 1, §43 (RAL). PL 2001, c. 439, §G1 (NEW). PL 2001, c. 458, §3 (NEW). PL 2001, c. 477, §§2,3 (AMD). PL 2001, c. 686, §D1 (AMD). PL 2007, c. 377, §§14, 15 (AMD). PL 2007, c. 377, §17 (AFF). PL 2015, c. 470, §17 (AMD). PL 2017, c. 128, §§5, 6 (AMD). PL 2017, c. 407, Pt. A, §153 (AMD). PL 2021, c. 174, §14 (AMD). PL 2021, c. 365, §34 (AMD). PL 2021, c. 365, §37 (AFF). PL 2021, c. 676, Pt. B, §§4, 5 (AMD). PL 2023, c. 405, Pt. A, §§121, 122 (AMD). PL 2023, c. 405, Pt. A, §123 (AFF).