PUBLIC Law, Chapter 506, An Act Regarding Inmates on Public Works Projects

An Act Regarding Inmates on Public Works Projects

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

Whereas, current law allows inmates in county jails to participate in public works-related projects and in the improvement of property owned by charitable organizations; and

Whereas, current law restricts the inmates to working in the county where the jail is located; and

Whereas, current practice is that inmates participate in public works-related projects wherever the projects are being conducted; and

Whereas, it is necessary for this legislation to take effect before the 90-day period after adjournment ends to clarify existing law and facilitate projects; 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,

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

Sec. 1. 30-A MRSA §1606, sub-§1, as amended by PL 2001, c. 171, §9, is further amended to read:

1. Participation in public works projects authorized. The sheriff in charge of a county jail , or the sheriff of a county that shares a regional jail with other counties, may permit certain inmates of that jail to participate in public works-related projects or in the improvement of property owned by charitable organizations if the public works project or the property of the charitable organization is in the county where the jail is located in that county or another county. A project or improvement must be supervised by the sheriff of the county in which the project or improvement is being conducted. The sheriff may request payment from charitable organizations for the transportation of the prisoners and for the transportation and per diem compensation for any guards who accompany the prisoners. For the purposes of this section, "charitable organization" means any nonprofit organization organized or incorporated in this State or having a principal place of business in this State that is exempt from federal income taxation under the United States Internal Revenue Code of 1986, Section 501(a), because the nonprofit organization is described in the United States Internal Revenue Code of 1986, Section 501(c)(3).

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

Effective 90 days following adjournment of the 125th Legislature, Second Regular Session, unless otherwise indicated.

HP1225 LD 1635	PUBLIC Law, Chapter 506 Emergency Signed on 2012-03-16 00:00:00.0 - Second Regular Session - 125th Maine Legislature
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