34-A §3031. Rights
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3031. Rights
Any person residing in a correctional or detention facility has a right to: [1991, c. 314, §34 (AMD).]
1. Food. Nutritious food in adequate quantities;
[ 1983, c. 459, §6 (NEW) .]
2. Medical care. Adequate professional medical care and adequate professional mental health care, which do not include medical treatment or mental health treatment requested by the client that the facility's treating physician or treating psychiatrist or psychologist determines unnecessary. The commissioner may establish medical and dental fees not to exceed $5 for the medical and dental services that are provided pursuant to this subsection and a fee not to exceed $5 for prescriptions, medication or prosthetic devices. Except as provided in paragraph A, every client may be charged a medical or dental services fee for each medical or dental visit, prescription, medication or prosthetic device. The facility shall collect the fee. All money received by the department under this subsection is retained by the facility to offset the cost of medical and dental services, prescriptions, medication and prosthetic devices.
A. A client is exempt from payment of medical and dental services fees and fees for prescriptions, medication or prosthetic devices when the client:
(1) Receives treatment initiated by facility staff;
(2) Is a juvenile;
(3) Is pregnant;
(4) Is seriously mentally ill or developmentally disabled. For the purposes of this paragraph, "seriously mentally ill" or "developmentally disabled" means a client who, as a result of a mental disorder or developmental disability, exhibits emotional or behavioral functioning that is so impaired as to interfere substantially with the client's capacity to remain in the general prison population without supportive treatment or services of a long-term or indefinite duration, as determined by the facility's psychiatrist or psychologist;
(5) Is an inpatient at a state-funded mental health or mental retardation facility;
(6) Is undergoing follow-up treatment;
(7) Receives emergency treatment as determined by the facility's medical or dental staff; or
(8) Has less than $15 in the client's facility account and did not receive additional money from any source for 6 months following the medical or dental service or provision of the prescription, medication or prosthetic device. [1995, c. 462, Pt. D, §6 (AMD).]
B. Notwithstanding paragraph A, the State may bring a civil action in a court of competent jurisdiction to recover the cost of medical, dental, psychiatric or psychological expenses incurred by the State on behalf of a client incarcerated in a facility. The following assets are not subject to judgment under this paragraph:
(1) Joint ownership, if any, that the client 0ay have in real property;
(2) Joint ownership, if any, that the client may have in any assets, earnings or other sources of income; and
(3) The income, assets, earnings or other property, both real and personal, owned by the client's spouse or family. [1995, c. 201, §2 (RPR).]
C. [1995, c. 201, §2 (RP).]
A person who has not attained 18 years of age but who is residing in a correctional facility pursuant to a conviction as an adult may consent to necessary medical care as if the person had attained 18 years of age.
[ 2001, c. 458, §4 (AMD) .]
3. Living conditions. An acceptable level of sanitation, ventilation and light;
[ 1983, c. 459, §6 (NEW) .]
4. Sleeping space. A reasonable amount of space per person in any sleeping area;
[ 1983, c. 459, §6 (NEW) .]
5. Exercise and recreation. A reasonable opportunity for physical exercise;
[ 1989, c. 127, §5 (AMD) .]
6. Protection from abuse. Protection against any physical or psychological abuse;
[ 1983, c. 459, §6 (NEW) .]
7. Area for personal effects. A reasonably secure area for the maintenance of permitted personal effects; and
[ 1983, c. 459, §6 (NEW) .]
8. Visitation. A reasonable opportunity to visit with relatives and friends, in accordance with departmental policies and institutional procedures, provided that the department may restrict or prohibit visits when the restriction or prohibition is necessary for the security of the institution.
[ 1983, c. 459, §6 (NEW) .]
SECTION HISTORY
1983, c. 459, §6 (NEW). 1983, c. 581, §§16,59 (AMD). 1985, c. 752, §3 (AMD). 1987, c. 276, (AMD). 1989, c. 127, §5 (AMD). 1991, c. 314, §§34,35 (AMD). 1995, c. 201, §2 (AMD). 1995, c. 462, §D6 (AMD). 1999, c. 583, §8 (AMD). 2001, c. 458, §4 (AMD).