An Act to Provide Reimbursement to Counties for Persons Jailed on Probation Revocations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §1210, sub-§2, as amended by PL 1995, c. 665, Pt. MM, §2 and affected by §3, is further amended to read:
2. Reimbursement. Except as provided in subsection 6-A, the department shall, under this section, reimburse each county quarterly for each actual day served at that county correctional facility by:
A. Persons convicted of a Class A, Class B or Class C crime sentenced after March 31, 1987 to serve a term of imprisonment pursuant to Title 17-A, section 1203, subsection 1, or section 1252, subsection 1; and
B. Persons convicted of a Class A, Class B or Class C crime sentenced after December 31, 1988 to serve a term of imprisonment pursuant to Title 17-A, section 1203, subsection 1 or section 1252, subsection 1.; and
C. Persons convicted of a Class A, B or C crime sentenced after September 1, 1997, to serve a term of imprisonment pursuant to Title 17-A, section 1206, if the defendant is sentenced to a county jail.
Reimbursement for periods after June 30, 1987 may not be authorized until the reimbursable costs for the operations of the jail are agreed upon by the commissioner and the county commissioners for that county. Reimbursable costs for the operations of the jail must, to the extent practicable, be mutually agreed upon prior to the actual expenditures of funds for those costs. Prior approval of all capital expenditures is required for reimbursement of that expense item. If the commissioner and the county commissioners are unable to agree upon reimbursable costs, they shall jointly select an arbitrator to determine those costs. The arbitrator's decision is final and both the commissioner and the county commissioners are bound by that decision.
The obligation of the Department of Corrections to reimburse counties pursuant to this section may not exceed the actual amount appropriated during fiscal years 1993-94, 1994-95, 1995-96 and 1996-97.
Notwithstanding any other statutory provision, funds provided as reimbursement to counties for housing state prisoners must be used to reduce the assessment of each municipality within the county for their due proportion of any county tax payable during the municipal year for which municipal taxes are being raised. County commissioners shall deduct from the total amount required to be assessed for county purposes an amount equal to the amount that the county commissioners estimate will be received pursuant to this subsection.
Effective September 19, 1997, unless otherwise indicated.
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