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Maine prison officials urge shoot-to-kill option for Windham facility
Porltand Press Herald (Maine) ^ | 02.22.14 | Leslie Bridgers

Posted on 02/28/2014 6:59:17 PM PST by Chickensoup

Officials tell lawmakers that a growing number of dangerous prisoners are being housed in the facilty and they pose a higher escape risk.

An increasingly dangerous inmate population at the Maine Correctional Center in Windham warrants allowing officers to shoot at prisoners who are trying to escape, says the director of security for the Maine Department of Corrections.

click image to enlarge

This Oct. 17, 2013, photo shows the Maine Correctional Center in Windham, where Corrections Department officials say a growing number of dangerous prisoners are being housed.

Gordon Chibroski / Staff Photographer

Select images available for purchase in the Maine Today Photo Store

But state lawmakers aren’t sure they want to open that option.

Corrections officers and supervisors at the Maine State Prison in Warren already have the legal right to use deadly force if needed to prevent a prisoner from escaping.

A bill before the Legislature’s Criminal Justice and Public Safety Committee would extend that right to guards at the Windham facility.

Gary LaPlante, acting deputy superintendent for the Maine Correctional Center and director of security for the state’s eight correctional facilities, said the mix of prisoners at the Windham facility is becoming similar to that at the state prison.

Also, he said, the state plans to use the correctional center as the first stop for all prisoners before they’re classified and placed in a facility – meaning all of the most dangerous criminals will be in Windham at some point.

“I’d think you want the same level of protection,” LaPlante said about the Warren and Windham facilities.

Rep. Mark Dion, D-Portland, however, doesn’t think a prisoner’s placement in the Maine Correctional Center should mean the inmate’s life is in danger for trying to escape – especially since many of the prisoners are there for lesser crimes and some haven’t been convicted.

“Maybe I’m unreasonable. Maybe I think people have a right to life,” said Dion, House chairman of the Criminal Justice and Public Safety Committee and former Cumberland County sheriff.

LaPlante said Windham used to serve as a reformatory and there was no fence around the facility. Of the 655 prisoners there Friday morning, he said, 28 are serving time for murder, attempted murder or conspiracy to commit murder. Another 25 prisoners are in for manslaughter and 35 for arson, he said.

But Maine doesn’t allow any of them to be sentenced to death, Dion said.

“What we’re being asked to do is sanction the death penalty on someone trying to go over the fence,” he said.

Dion said he sponsored the bill at the request of the department because most of it includes housekeeping measures. He believes committee support for the deadly-force provision is split along party lines.

But Rep. Tyler Thomas, R-Windham, said he would need more convincing of the dangerousness of the correctional center’s prisoners before supporting the measure.

“If it’s going to be mostly minimum security, I’m not going to support it,” he said. On the other hand, he said, “if Windham is truly another Warren prison, shouldn’t they have the same rules as Warren does?”

Although generally prisoners serving sentences of more than five years go to the state prison, good behavior or a conflict with another prisoner could get them moved to Windham, LaPlante said.

He said there are currently six prisoners serving life sentences at the correctional center and 14 who have release dates between 2032 and 2067.

LaPlante said there have been no prisoner escapes from the Maine Correctional Center in at least 10 years, and there have been none at the Maine State Prison since it moved from Thomaston to Warren in 2002.

Currently, correctional center guards can use deadly force if they know the escaping prisoner has committed a dangerous crime or if the prisoner is putting a staff member or another prisoner in danger, LaPlante said.

At the state prison, he said, before using deadly force officers are required “to take all reasonable efforts” to stop prisoners trying to escape, including warning them about their right to use deadly force.

Warning signs also are posted at the prison and would be at the correctional center, if the law is changed.

But Dion said he can’t imagine an escaping prisoner heeding a sign while scaling a fence.

“I’m not sure they’re going to stop and read all four paragraphs and say, ‘Now that’s a bad idea,’” he said.


TOPICS: Crime/Corruption; News/Current Events; US: Maine
KEYWORDS: prison; shoot
The state has a SuperMax. This is the prison the neighborhood kid goes to when boosting a car, or found with marijuana in car, and then breaking probation by having a beer during the police Saturday night rousts.

Officials tell lawmakers that a growing number of dangerous prisoners are being housed in the facilty and they pose a higher escape risk.

An increasingly dangerous inmate population at the Maine Correctional Center in Windham warrants allowing officers to shoot at prisoners who are trying to escape, says the director of security for the Maine Department of Corrections.

click image to enlarge

This Oct. 17, 2013, photo shows the Maine Correctional Center in Windham, where Corrections Department officials say a growing number of dangerous prisoners are being housed.

Gordon Chibroski / Staff Photographer

Select images available for purchase in the Maine Today Photo Store

But state lawmakers aren’t sure they want to open that option.

Corrections officers and supervisors at the Maine State Prison in Warren already have the legal right to use deadly force if needed to prevent a prisoner from escaping.

A bill before the Legislature’s Criminal Justice and Public Safety Committee would extend that right to guards at the Windham facility.

Gary LaPlante, acting deputy superintendent for the Maine Correctional Center and director of security for the state’s eight correctional facilities, said the mix of prisoners at the Windham facility is becoming similar to that at the state prison.

Also, he said, the state plans to use the correctional center as the first stop for all prisoners before they’re classified and placed in a facility – meaning all of the most dangerous criminals will be in Windham at some point.

“I’d think you want the same level of protection,” LaPlante said about the Warren and Windham facilities.

Rep. Mark Dion, D-Portland, however, doesn’t think a prisoner’s placement in the Maine Correctional Center should mean the inmate’s life is in danger for trying to escape – especially since many of the prisoners are there for lesser crimes and some haven’t been convicted.

“Maybe I’m unreasonable. Maybe I think people have a right to life,” said Dion, House chairman of the Criminal Justice and Public Safety Committee and former Cumberland County sheriff.

LaPlante said Windham used to serve as a reformatory and there was no fence around the facility. Of the 655 prisoners there Friday morning, he said, 28 are serving time for murder, attempted murder or conspiracy to commit murder. Another 25 prisoners are in for manslaughter and 35 for arson, he said.

But Maine doesn’t allow any of them to be sentenced to death, Dion said.

“What we’re being asked to do is sanction the death penalty on someone trying to go over the fence,” he said.

Dion said he sponsored the bill at the request of the department because most of it includes housekeeping measures. He believes committee support for the deadly-force provision is split along party lines.

But Rep. Tyler Thomas, R-Windham, said he would need more convincing of the dangerousness of the correctional center’s prisoners before supporting the measure.

“If it’s going to be mostly minimum security, I’m not going to support it,” he said. On the other hand, he said, “if Windham is truly another Warren prison, shouldn’t they have the same rules as Warren does?”

Although generally prisoners serving sentences of more than five years go to the state prison, good behavior or a conflict with another prisoner could get them moved to Windham, LaPlante said.

He said there are currently six prisoners serving life sentences at the correctional center and 14 who have release dates between 2032 and 2067.

LaPlante said there have been no prisoner escapes from the Maine Correctional Center in at least 10 years, and there have been none at the Maine State Prison since it moved from Thomaston to Warren in 2002.

Currently, correctional center guards can use deadly force if they know the escaping prisoner has committed a dangerous crime or if the prisoner is putting a staff member or another prisoner in danger, LaPlante said.

At the state prison, he said, before using deadly force officers are required “to take all reasonable efforts” to stop prisoners trying to escape, including warning them about their right to use deadly force.

Warning signs also are posted at the prison and would be at the correctional center, if the law is changed.

But Dion said he can’t imagine an escaping prisoner heeding a sign while scaling a fence.

“I’m not sure they’re going to stop and read all four paragraphs and say, ‘Now that’s a bad idea,’” he said.

1 posted on 02/28/2014 6:59:17 PM PST by Chickensoup
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To: Chickensoup

It is interesting that there have been no escapes in 10 years and this is still a pressing issue? To give prison guards shoot to kill permission for escapees? Seriously? What is this?” SingSing?


2 posted on 02/28/2014 7:01:23 PM PST by Chickensoup (leftist totalitarian fascism is on the move.)
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To: Chickensoup

Just more push to lethally arm more state union workers.


3 posted on 02/28/2014 7:02:06 PM PST by Chickensoup (leftist totalitarian fascism is on the move.)
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To: Chickensoup

Take a hint from Agent Gibbs on NCIS and shot them in the Butt with a .30-06 rifle.


4 posted on 02/28/2014 7:08:31 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: Chickensoup

The ROE are a lot more lenient than in afghanistan. this is crazy. In Stan it was the intent to reposition to do terror harm which warranted shoot to kill. How can one have no such conditional case by case warrant in prisons? Some might just escape because of abuse or to see a girl friend. This is ridiculous. It is not like they are going to join back a terror military cell.


5 posted on 02/28/2014 7:09:11 PM PST by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: lavaroise

As I said it is to give kill orders to more government union goons.


6 posted on 02/28/2014 7:10:42 PM PST by Chickensoup (leftist totalitarian fascism is on the move.)
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To: Chickensoup

Rep. Dion is a democrat. But he is also the retired sherriff of Cumberland County. (Portland area)

He and I have had many discussions about the 2nd amendment and some other bills.

We don’t always see eye to eye, but I respect his opinion. I think what we see here is a political ploy.

Dept of corrections wants a big new prison. they also want some contracting out of prison duties. They want money. If they cn convince people the jails are so dangorous and because of over-crowding, they may get their new jail.

This politics. I bet half the guards even know about this bill.


7 posted on 02/28/2014 7:12:25 PM PST by maine yankee (I got my Governor at 'Marden's')
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To: SandRat
Take a hint from Agent Gibbs on NCIS and shot them in the Butt with a .30-06 rifle.

That is precisely what happened to border patrol agent Brian Terry with a weapon sold by Zero/Holder. Blew his pelvis apart and he died in agony.
8 posted on 02/28/2014 7:17:07 PM PST by SpaceBar
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To: maine yankee
Dept of corrections wants a big new prison. they also want some contracting out of prison duties. They want money. If they cn convince people the jails are so dangorous and because of over-crowding, they may get their new jail.

There's an enormous amount of open land adjacent to that facility.

9 posted on 02/28/2014 7:18:30 PM PST by Steely Tom (How do you feel about robbing Peter's robot?)
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To: SpaceBar

a perfect behavioral changer for Cons.


10 posted on 02/28/2014 7:27:07 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: maine yankee
The reality is that Dion is right, but hasn't stated the correct reasons.

Deadly force use by law enforcement is ultimately subject to the criteria set by the SCOTUS in Garner v. Tennessee. The criteria is that deadly force may be used to stop a person from causing great bodily harm. You can shoot a fleeing suspect if there is a great likelihood of him committing that serious harm if he isn't captured.

In order to meet that criteria, in a prison with a mixed population of violent and non-violent offenders, you would have to know the history of all those prisoners and be able to recognize who you are shooting at.

11 posted on 03/01/2014 12:01:51 AM PST by USNBandit (sarcasm engaged at all times)
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To: maine yankee

16’ fences with razor wire seems to keep ‘em penned in just fine.


12 posted on 03/01/2014 4:07:34 AM PST by pingman (In the Land of the Perpetually Outraged, truth is the enemy.)
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To: SandRat

a perfect behavioral changer for Cons.

_________

there hasn’t been a problem for ten years. This is IMHO a reason to arm union thugs with the right to kill.


13 posted on 03/01/2014 2:36:45 PM PST by Chickensoup (leftist totalitarian fascism is on the move.)
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To: maine yankee

I respect the CC sheriff’s department...a lot. Well trained thoughtful people. Dion was a good part of it. Heck he was probably the only good thing coming out of PPD


14 posted on 03/01/2014 2:38:36 PM PST by Chickensoup (leftist totalitarian fascism is on the move.)
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