‘An Act To Establish the Washington County Prerelease and Job Training Center and To Sell the Downeast Correctional Facility’
Amend the bill by striking out the title and substituting the following:
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 34-A MRSA c. 3, sub-c. 6, as amended, is repealed.
Sec. 2. 34-A MRSA c. 3, sub-c. 10 is enacted to read:
SUBCHAPTER 10
WASHINGTON COUNTY PRERELEASE AND JOB TRAINING CENTER
§ 4301. Establishment
There is established the Washington County Prerelease and Job Training Center, referred to in this subchapter as "the center," which must be located in Washington County.
§ 4302. Purposes
The purposes of the center include vocational training and rehabilitative programs, including but not limited to work release and work involving public restitution, for 50 or fewer prisoners.
§ 4303. Director
1. Chief administrative officer. The chief administrative officer of the center is called the director and is responsible to the commissioner.
2. Duties. In addition to other duties set out in this subchapter, the director has the following duties.
A. The director shall exercise proper supervision over the employees, grounds, buildings and equipment at the center.
B. The director shall supervise and control the prisoners at the center in accordance with departmental rules.
3. Designation of acting director. The commissioner may designate an acting director when the director is absent or unable to perform the director's duties.
§ 4304. Prisoners generally
1. Confinement of prisoners transferred to center. All prisoners transferred to the center must be detained and confined in accordance with the sentences of the court and the rules of the department.
2. Vocational training. The director shall work collaboratively with the Department of Labor, the Department of Education, community vocational and educational institutions, private employers and other public and private agencies and organizations as necessary to ensure the provision of suitable vocational training for prisoners at the center. The director shall maintain necessary equipment and employ suitable qualified instructors as necessary to carry out the objectives of the center's programs.
3. Work release. The director shall work collaboratively with private employers as necessary to ensure the provision of suitable work release opportunities for prisoners at the center.
4. Employment. The commissioner may authorize the employment of prisoners at the center on public works with any department, agency or entity of the State or county or local government and may authorize the use of prisoners to provide assistance in the improvement of property owned by nonprofit organizations.
A. The commissioner shall adopt such rules as the commissioner considers proper to ensure the care and treatment of the prisoners and the safe working conditions of prisoners and departmental employees. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
B. Employment authorized in this subsection must provide training to the prisoners at the center and provide an opportunity for public restitution for the crime or crimes committed by those prisoners.
C. A prisoner employed pursuant to this subsection may not be compensated monetarily for work performed.
D. The commissioner may request that a nonprofit organization pay for the transportation of the prisoners it employs and pay the per diem compensation of correctional officers or instructors who are required to accompany the prisoners or oversee the work to be performed.
§ 4305. Employees of the center
Employees of the center have the same power as deputy sheriffs in their respective counties to search for and apprehend a prisoner who has escaped from the center when those employees are authorized to do so by the director.
Sec. 3. Authority for property purchase for Washington County Prerelease and Job Training Center. The Commissioner of Corrections shall identify land in Washington County owned by the State and obtain the rights to develop that land or shall purchase a parcel of land and buildings in Washington County for the Washington County Prerelease and Job Training Center, by warranty deed with or without covenants to be conveyed to the Department of Corrections and recorded in the Washington County Registry of Deeds. Prior to the purchase of the property, the proposed purchase must be reviewed by the Director of the Bureau of General Services within the Department of Administrative and Financial Services.
Sec. 4. Sale or lease of Downeast Correctional Facility. The following requirements apply to the offering for sale or lease of the property of the Downeast Correctional Facility.
1. The Commissioner of Corrections shall sell or lease the land and buildings known as the Downeast Correctional Facility, identified as 64 Base Road, consisting of approximately 25.24 acres in fee and 2.69 acres of easements together with improvements, identified on Tax Assessor's Map 12 as Lot 053 and recorded in the Washington County Registry of Deeds, Book 1314, Pages 276 to 286.
2. The Commissioner of Corrections may negotiate and execute leases and purchase and sale agreements upon terms the commissioner considers appropriate.
3. If the Downeast Correctional Facility is sold, the sale must occur as is, with no representations or warranties and with the title transferred by quitclaim deed without covenant or by release deed to be executed by the Commissioner of Corrections.
4. Prior to any lease or sale, the Downeast Correctional Facility must first be offered to the Maine State Housing Authority or another state or local agency, which may acquire the property upon satisfaction of the terms of this section.
5. The Commissioner of Corrections shall have the current market value of the Downeast Correctional Facility determined by broker opinion of value and current comparative market analysis.
6. The Commissioner of Corrections may list the state property comprising the Downeast Correctional Facility for sale or lease with private real estate brokers and negotiate any sales or leases, solicit bids, sell directly to purchasers or enter directly into leases with tenants. The Commissioner of Corrections may reject any offers.
7. The proceeds from the sale or lease of the Downeast Correctional Facility must, as designated by the Commissioner of Administrative and Financial Services, be deposited into the Department of Administrative and Financial Services, Bureau of General Services' capital repair and improvement account for capital improvements.
8. This section is repealed 5 years from the effective date of this Act.
Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
Washington County Prerelease Center N279
Initiative: Appropriates funds to establish 2 Public Service Manager II positions, 10 Corrections Officer positions, 2 Correctional Sergeant positions, one Teacher BS position, 3 Corrections-Trade Instructor positions and one Community Program Coordinator position and for the All Other costs required for the creation and operation of a Washington County Prerelease Center.
| GENERAL FUND | 2017-18 | 2018-19 |
|
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 19.000 |
|
Personal Services
|
$0 | $1,876,791 |
|
All Other
|
$0 | $664,879 |
 |
|
|
| GENERAL FUND TOTAL | $0 | $2,541,670 |
summary
This amendment is the minority report of the committee. The amendment establishes the Washington County Prerelease and Job Training Center to provide vocational training and rehabilitative programs, including but not limited to work release and work involving public restitution, for 50 or fewer prisoners. The amendment provides mechanisms for obtaining the rights to develop land or for purchasing land for the Washington County Prerelease and Job Training Center and for selling or leasing the Downeast Correctional Facility. The proceeds from the sale or lease of the Downeast Correctional Facility must, as designated by the Commissioner of Administrative and Financial Services, be deposited into the Department of Administrative and Financial Services, Bureau of General Services' capital repair and improvement account for capital improvements.
The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)