An Act To Fund the Downeast Correctional Facility

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  funding for the Downeast Correctional Facility currently is provided through fiscal year 2017-18; and

Whereas,  the 90-day period may not terminate until after the end of fiscal year 2017-18; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. Downeast Correctional Facility report. The Department of Corrections shall submit a report concerning proposed changes to the Downeast Correctional Facility to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters no later than April 1, 2019. The report must include detailed plans about any proposed changes concerning the prisoner population at the Downeast Correctional Facility and the related impact on other correctional facilities. The Department of Administrative and Financial Services shall assist in the development of the report including the impact of any change to employee compensation and benefits, an economic and community impact analysis on any community affected by a shift in prisoner population and the proposed use of any surplus property generated by facility closure.

Sec. 2. Continued operation of Downeast Correctional Facility. Notwithstanding any provision of law to the contrary, the Downeast Correctional Facility must remain open and operational, except that, after submission of the report required by section 1 of this Act, the facility may be closed if legislation approving the closure is enacted into law.

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

CORRECTIONS, DEPARTMENT OF

Downeast Correctional Facility 0542

Initiative: Provides funds to restore all positions and related All Other costs in order to continue operation of the Downeast Correctional Facility beyond June 30, 2018.

GENERAL FUND	2017-18	2018-19
POSITIONS - LEGISLATIVE COUNT	0.000	51.000
Personal Services	$0	$4,849,665
All Other	$0	$596,977
GENERAL FUND TOTAL	$0	$5,446,642

FEDERAL EXPENDITURES FUND	2017-18	2018-19
All Other	$0	$500
FEDERAL EXPENDITURES FUND TOTAL	$0	$500

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19
All Other	$0	$32,526
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$32,526

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill requires the Department of Corrections to report concerning proposed changes to the Downeast Correctional Facility to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters no later than April 1, 2019. The report must include detailed plans about any proposed changes concerning the prisoner population at the Downeast Correctional Facility. This bill also specifies the report must include the related impact on other correctional facilities, the impact of any change to employee compensation and benefits, an economic and community impact analysis on any community affected by a shift in prisoner population and the proposed use of any surplus property generated by facility closure.

This bill requires the Downeast Correctional Facility to remain open and operational prior to the submission of the report to the Legislature and permits the closure of the facility only if legislation approving the closure is enacted into law.

This bill provides funds to restore all positions and related All Other costs in order to continue operation of the Downeast Correctional Facility beyond June 30, 2018.