An Act To Repeal the Laws Governing the Consolidation of Jails
Sec. 1. 1 MRSA §402, sub-§3, ¶Q, as reallocated by RR 2009, c. 1, §3, is amended to read:
Sec. 2. 4 MRSA §1057, sub-§3-A, as amended by PL 2009, c. 213, Pt. GGG, §1 and affected by §7, is repealed.
Sec. 3. 5 MRSA §1591, sub-§4, as reallocated by RR 2009, c. 1, §6, is repealed.
Sec. 4. 5 MRSA §12004-G, sub-§6-C, as enacted by PL 2007, c. 653, Pt. A, §3, is repealed.
Sec. 5. 14 MRSA §5545, 2nd ¶, as amended by PL 2007, c. 653, Pt. A, §4, is further amended to read:
Whenever, under this section or under any other section in this chapter, a court issues a writ of habeas corpus ordering before it a prisoner confined in any penal or correctional institution under the control of the Department of Health and Human Services or the Department of Corrections, or confined in any county jail, its order as to the transportation of the prisoner to and from the court must be directed to the sheriff of the county in which the court is located. It is the responsibility of the sheriff or any one or more of the sheriff's authorized deputies pursuant to any such order to safely transport a prisoner to and from the court and to provide safe and secure custody of the prisoner during the proceedings, as directed by the court. At the time of removal of a prisoner from an institution, the transporting officer shall leave with the head of the institution an attested copy of the order of the court, and upon return of the prisoner shall note that return on the copy. This paragraph as it relates to the responsibility for transportation is applicable to transfers from the county jail to any other county jail or to a state correctional facility under Title 34-A 30-A, section 1405 1656.
Sec. 6. 30-A MRSA §101, sub-§6-B, as enacted by PL 2007, c. 653, Pt. A, §5, is repealed.
Sec. 7. 30-A MRSA §406, as enacted by PL 2007, c. 653, Pt. A, §6, is repealed.
Sec. 8. 30-A MRSA §701, sub-§2, as repealed and replaced by PL 2009, c. 415, Pt. A, §14, is repealed and the following enacted in its place:
The estimates must be drawn so as to authorize the appropriations to be made to each department or agency of the county government for the year. The estimates must provide specific amounts for personal services, contractual services, commodities, debt service and capital expenditures.
Sec. 9. 30-A MRSA §701, sub-§2-A, as amended by PL 2009, c. 1, Pt. Q, §1, is repealed.
Sec. 10. 30-A MRSA §701, sub-§2-B, as enacted by PL 2007, c. 653, Pt. A, §9, is repealed.
Sec. 11. 30-A MRSA §706-A, sub-§1, as amended by PL 2007, c. 653, Pt. A, §10, is further amended to read:
(1) For the tax year of any county that began prior to January 1, 2009, total annual county appropriations reduced by all resources available to fund those appropriations other than the county tax; or
(2) For the tax year of any county that begins on or after January 1, 2009, total annual county appropriations for noncorrectional-related services as established in section 701, reduced by all resources available to fund those appropriations other than the county tax.
Sec. 12. 30-A MRSA §709, as enacted by PL 2007, c. 653, Pt. A, §11, is repealed.
Sec. 13. 30-A MRSA §710, as enacted by PL 2007, c. 653, Pt. A, §12, is repealed.
Sec. 14. 30-A MRSA §932, sub-§3, as amended by PL 2009, c. 391, §4, is repealed.
Sec. 15. 30-A MRSA §1557-B is enacted to read:
§ 1557-B. Transfer from jails
Sec. 16. 30-A MRSA §1558, as repealed by PL 2007, c. 653, Pt. A, §15, is reenacted to read:
§ 1558. Transfer from state correctional facilities
The sheriffs may accept custody of prisoners transferred to their jail from state correctional facilities under Title 34-A, section 3063.
Sec. 17. 30-A MRSA §1656, as repealed by PL 2007, c. 653, Pt. A, §16, is reenacted to read:
§ 1656. Transfer of prisoners when jail unfit or insecure
(1) Issue a warrant for the transfer of the prisoner or prisoners, at the expense of the sending county, to any jail; or
(2) Issue a warrant for the transfer of the prisoner or prisoners, at the expense of the sending county, to the Department of Corrections.
A warrant for transfer may be issued only when the Justice of the Superior Court finds that the receiving jail or the Department of Corrections is able to resolve the problem causing the need to transfer, the nature of the offense committed or alleged to have been committed by the prisoner is so severe that it requires transfer and the security of the sending facility is inadequate to handle the problem.
Sec. 18. 30-A MRSA §1659-A, first ¶, as enacted by PL 2009, c. 391, §6, is amended to read:
The sheriff of each county shall establish a program to permit certain inmates to serve a portion of their sentence of imprisonment in community confinement monitored by the county or a contract agency or another county or its contract agency. The county may contract only with a community confinement monitoring agency approved by the State Board Department of Corrections.
Sec. 19. 30-A MRSA §1659-A, sub-§2, ¶D, as enacted by PL 2009, c. 391, §6, is amended to read:
Sec. 20. 30-A MRSA §1659-A, sub-§6, as enacted by PL 2009, c. 391, §6, is amended to read:
Sec. 21. 30-A MRSA §1659-A, sub-§7, as enacted by PL 2009, c. 391, §6, is amended to read:
Sec. 22. 30-A MRSA §1671, sub-§1, as amended by PL 2007, c. 653, Pt. A, §17, is further amended to read:
Sec. 23. 30-A MRSA §1671, sub-§3, ¶A, as amended by PL 2007, c. 653, Pt. A, §18, is further amended to read:
Sec. 24. 30-A MRSA §1671, sub-§3, ¶B, as amended by PL 2007, c. 653, Pt. A, §18, is further amended to read:
Sec. 25. 30-A MRSA §1671, sub-§3, ¶C, as repealed by PL 2007, c. 653, Pt. A, §18, is reenacted to read:
Sec. 26. 30-A MRSA §1671, sub-§3, ¶D, as repealed by PL 2007, c. 653, Pt. A, §18, is reenacted to read:
Sec. 27. 30-A MRSA §1671, sub-§4, as repealed by PL 2007, c. 653, Pt. A, §19, is reenacted to read:
Sec. 28. 30-A MRSA §1671, sub-§5, as repealed by PL 2007, c. 653, Pt. A, §20, is reenacted to read:
Sec. 29. 34-A MRSA §1209-A, sub-§2, ¶H, as amended by PL 2007, c. 653, Pt. A, §21, is further amended to read:
Sec. 30. 34-A MRSA §1209-A, sub-§2, ¶I, as amended by PL 2007, c. 653, Pt. A, §22, is further amended to read:
Sec. 31. 34-A MRSA §1209-A, sub-§2, ¶J, as enacted by PL 2007, c. 653, Pt. A, §23, is repealed.
Sec. 32. 34-A MRSA §1209-A, sub-§5, ¶A, as repealed by PL 2007, c. 653, Pt. A, §24, is reenacted to read:
Sec. 33. 34-A MRSA §1209-A, sub-§5, ¶E, as repealed by PL 2007, c. 653, Pt. A, §24, is reenacted to read:
Sec. 34. 34-A MRSA §1209-A, sub-§5, ¶F, as repealed by PL 2007, c. 653, Pt. A, §24, is reenacted to read:
Sec. 35. 34-A MRSA §1209-A, sub-§5, ¶G, as repealed by PL 2007, c. 653, Pt. A, §24, is reenacted to read:
Sec. 36. 34-A MRSA §1209-A, sub-§5, ¶H, as repealed by PL 2007, c. 653, Pt. A, §24, is reenacted to read:
Sec. 37. 34-A MRSA §1209-A, sub-§5, ¶I, as repealed by PL 2007, c. 653, Pt. A, §24, is reenacted to read:
Sec. 38. 34-A MRSA §1209-A, sub-§5, ¶J, as amended by PL 2007, c. 653, Pt. A, §24, is further amended to read:
Sec. 39. 34-A MRSA §1210-C, as repealed by PL 2007, c. 653, Pt. A, §27, is reenacted to read:
§ 1210-C. Community Corrections Incentive Fund
There is established the nonlapsing Community Corrections Incentive Fund. Pursuant to section 1209-A, the State Sentencing and Corrections Practices Coordinating Council shall approve applications and award and administer to counties competitive grants from the fund. Grants must be used for initiatives to expand community corrections, regional programs and other efforts to improve the efficiency and effectiveness of the correctional system. Awards must be made in correctional areas that include but are not limited to pretrial diversion, pretrial release, transition, specialty jails, regional cooperation and deferred disposition programs. Grants must also be awarded based on considerations of improved efficiency, offender and court docket reduction, consolidation of resources, reduced recidivism and improved methods for the delivery of services. When applicable, grant applications and awards must be based on established evidence-based correctional practices. Only a county that establishes or participates as a member of a criminal justice planning committee under Title 30-A, section 1671 may apply for grants distributed pursuant to this section.
Sec. 40. 34-A MRSA §1210-D is enacted to read:
§ 1210-D. Community Corrections Fund and County Jail Prisoner Support Fund
Before distributing to a county that county's entire distribution from the collection of surcharges pursuant to Title 4, section 1057, the department shall require that county to submit appropriate documentation to the State Sentencing and Corrections Practices Coordinating Council established in section 1209-A verifying that the county expended 20% of its prior distribution for the purpose of community corrections as defined in subsection 1. If a county fails to submit appropriate documentation verifying that the county expended 20% of its prior distribution for the purpose of community corrections, the department shall distribute to that county only 80% of its distribution. The department shall distribute the 20% not distributed to that county to all other counties that submit appropriate documentation verifying compliance with the 20% expenditure requirement for the purpose of community corrections. The department shall distribute these funds to those qualifying counties in an amount equal to each county's percent distribution pursuant to subsection 3.
Sec. 41. 34-A MRSA §1404, as amended by PL 2009, c. 391, §9, is repealed.
Sec. 42. 34-A MRSA §1405, as amended by PL 2009, c. 142, §15 and c. 391, §10, is repealed.
Sec. 43. 34-A MRSA c. 1, sub-c. 5, as amended, is repealed.
Sec. 44. 34-A MRSA §3063, as repealed by PL 2007, c. 653, Pt. A, §31, is reenacted to read:
§ 3063. Transfer to jails
Sec. 45. 34-A MRSA §3063-B is enacted to read:
§ 3063-B. Transfer from jails
The commissioner may accept custody of persons transferred to the department from county jails under Title 30-A, section 1557-B.
summary
Public Law 2007, chapter 653 enacted changes to the laws governing the delivery of state and county correctional services. This bill reverses those changes.
This bill repeals changes that were enacted pursuant to Public Law 2007, chapter 653, whose purpose was to develop and implement a unified correctional system. The bill eliminates the State Board of Corrections, which was directed to work with counties, the Department of Corrections, the Legislature and other stakeholders in the criminal justice system to oversee and coordinate the correctional system.
The bill reenacts procedures for county budgeting that do not separate correctional costs from noncorrectional costs. The bill also reenacts prior procedures for county corrections reimbursement by the State.