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PUBLIC LAWS OF MAINE
First Special Session of the 118th

CHAPTER 134
H.P. 924 - L.D. 1267

An Act to Abolish the Judicial Council

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 4 MRSA c. 9, first 2 lines are repealed and the following enacted in their place:

CHAPTER 9
MAINE CRIMINAL JUSTICE SENTENCING INSTITUTE

     Sec. 2. 4 MRSA §451, as amended by PL 1993, c. 401, §1, is repealed.

     Sec. 3. 4 MRSA §451-A, as enacted by PL 1993, c. 401, §2, is repealed.

     Sec. 4. 4 MRSA §452 is repealed.

     Sec. 5. 4 MRSA §453, as amended by PL 1989, c. 891, Pt. A, §9, is repealed.

     Sec. 6. 4 MRSA §454, as amended by PL 1989, c. 925, §1, is further amended to read:

§454. Maine Criminal Justice Sentencing Institute

     There is established a Maine Criminal Justice Sentencing Institute under the administrative supervision of the State Court Administrator to provide a continuing forum for the regular discussion of the most appropriate methods of sentencing convicted offenders and adjudicated juveniles by judges in the criminal justice system, prosecutors, law enforcement and correctional personnel, representatives of advisory and advocacy groups and such representatives of the defense bar as the chair of the Judicial Council Chief Justice of the Supreme Judicial Court may invite. All Supreme Judicial Court, Superior Court, District Court and Administrative Court Judges, all District Attorneys and attorneys within the Criminal Division of the Office of the Attorney General are, and such other criminal justice personnel as the Judicial Council Chief Justice of the Supreme Judicial Court may authorize may be, members of the institute.

     The institute shall meet not less than at least once every 3 years, at the call of the Judicial Council Chief Justice of the Supreme Judicial Court, for a 2-day period to discuss recommendations for changes in the sentencing authority and policies of the State's criminal and juvenile courts, in response to current law enforcement problems and the available alternatives for criminal and juvenile rehabilitation within the State's correctional system. Inasmuch as possible the deliberations of the institute must be open to the general public.

     Members of the institute are not entitled to receive compensation for their services, but are allowed, out of any appropriation or other fund made available for the purpose, such expenses for clerical and other services, travel and incidentals as the Judicial Council Chief Justice of the Supreme Judicial Court may authorize.

     Sec. 7. 5 MRSA §3358, sub-§2, as amended by PL 1993, c. 349, §9, is further amended by amending the last blocked paragraph to read:

The commission shall request that the Chief Justice of the Maine Supreme Judicial Court, or a designee of the Chief Justice, serve as an advisor to the commission or designate a member of the Judicial Council to serve as an advisor.

     Sec. 8. 5 MRSA §12004-I, sub-§51, as enacted by PL 1987, c. 786, §5, is repealed.

     Sec. 9. 5 MRSA §20067, sub-§2, as enacted by PL 1993, c. 410, Pt. LL, §12, is amended to read:

     2. Advise, consult and assist. The commission shall advise, consult and assist the Governor, the executive and legislative branches of State Government and the Chief Justice of the Supreme Judicial Council Court with activities of State Government related to drug abuse prevention, including alcoholism and intoxication.

     Sec. 10. 17-A MRSA §1354, sub-§2, as amended by PL 1993, c. 184, §1, is further amended to read:

     2. The commission shall submit to the Legislature, at the start of each session, such changes in the criminal laws and in related provisions as the commission may determine appropriate. The commission may also make recommendations to the Chief Justice of the Supreme Judicial Council Court, the Advisory Committee on Criminal Rules and to any other organization or committee whose affairs pertain to the criminal justice system.

     Sec. 11. 19 MRSA §2004, sub-§2, as enacted by PL 1995, c. 694, Pt. A, §15, is amended to read:

     2. Propose changes. The commission may propose to the Legislature, at the start of each session, changes in family laws and in related provisions as the commission considers appropriate. The commission may also make recommendations to the Chief Justice of the Supreme Judicial Council Court, the Advisory Committee on Criminal Rules, the Advisory Committee on Civil Rules and to any other organization or committee whose affairs pertain to family law and its practice in this State.

     Sec. 12. 19-A MRSA §354, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

     2. Propose changes. The commission may propose to the Legislature, at the start of each session, changes in the family laws and in related provisions as the commission considers appropriate. The commission may also make recommendations to the Chief Justice of the Supreme Judicial Council Court, the Advisory Committee on Criminal Rules, the Advisory Committee on Civil Rules and to any other organization or committee whose affairs pertain to family law and its practice in Maine.

     Sec. 13. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 19, section 2004, subsection 2 is repealed October 1,

1997. That section of this Act that amends Title 19-A, section 354, subsection 2 takes effect October 1, 1997.

See title page for effective date, unless otherwise indicated.

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