An Act To Reverse Jail Consolidation
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, for the continued stable and effective operation of the jails of this State, the transition from control by the State Board of Corrections to control by the sheriffs of the counties must occur on July 1, 2015; 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,
Sec. 1. 1 MRSA §402, sub-§3, ¶Q, as amended by PL 2013, c. 339, §1, is further amended to read:
Sec. 2. 4 MRSA §1057, sub-§3-A, as amended by PL 2013, c. 598, §1, is further amended to read:
At the close of each month, the State Controller shall calculate the amount to be transferred to the State Board of Corrections Operational Support Fund County Jail Operations Fund program based on the collections made during the month. The State Controller shall transfer by journal entry the amount due to the State Board of Corrections Operational Support Fund County Jail Operations Fund program. This subsection takes effect July 1, 2009.
Sec. 3. 5 MRSA §1591, sub-§4, as amended by PL 2013, c. 598, §2, is repealed.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 A, §3, is repealed.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, section 1405.
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 amended by PL 2011, c. 374, §§1 to 3 and corrected by RR 2011, c. 1, §46, 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:
Sec. 9. 30-A MRSA §701, sub-§2-A, as amended by PL 2013, c. 598, §3, 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 §701, sub-§2-C is enacted to read:
The assessment to municipalities within each county may not be greater or less than the base assessment limit, which is:
Sec. 12. 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. 13. 30-A MRSA §709, as amended by PL 2011, c. 374, §4, is repealed.
Sec. 14. 30-A MRSA §710, as amended by PL 2013, c. 598, §§4 to 6, is repealed.
Sec. 15. 30-A MRSA §932, sub-§3, as amended by PL 2009, c. 391, §4, is repealed.
Sec. 16. 30-A MRSA §1557-B is enacted to read:
§ 1557-B. Transfer from a sending jail to a receiving jail
(1) The receiving jail may charge the sending jail a per diem rate for the transferred prisoner;
(2) The rate charged by the receiving jail must equal the per diem per prisoner amount calculated by the department in making the disbursement to the counties under Title 34-A, section 1210-D, subsection 4; and
(3) The department may charge the sending jail an amount that has been negotiated between the department and the jail that does not exceed $108 per diem per prisoner.
Sec. 17. 30-A MRSA §1558-A is enacted to read:
§ 1558-A. Transfer from state correctional facilities
A sheriff may accept custody of a prisoner transferred to the sheriff's jail from state correctional facilities under Title 34-A, section 3063-C.
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 and 7, as enacted by PL 2009, c. 391, §6, are amended to read:
Sec. 21. 30-A MRSA §1661 is enacted to read:
§ 1661. Collaboration among counties
A county may collaborate with another county or counties to seek grants or establish community corrections programs or initiatives.
Sec. 22. 34-A MRSA §1208-B is enacted to read:
§ 1208-B. Standards, policies and procedures applicable to jails
(1) Require reporting of data that indicates average daily population of prisoners, that excludes federal prisoners, that indicates sending and receiving jails for transferred prisoners and that is useful in calculating the distributions to the counties pursuant to section 1201-D, subsection 4; and
(2) Consider the performance of each jail in meeting the standards established pursuant to this section. The commissioner shall work with the jails to assist them in achieving compliance with the standards. The commissioner shall enforce the standards by imposition of monetary penalties upon a county for noncompliance by the county jail or regional jail. A monetary penalty imposed under this subsection may not in any fiscal year exceed the County Jail Operations Fund distribution payable to a county for a fiscal year pursuant to section 1210-D, subsection 4.
Sec. 23. 34-A MRSA §1210-D is enacted to read:
§ 1210-D. County Jail Operations Fund
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 24. 34-A MRSA §1402, sub-§§12 and 13 are enacted to read:
Sec. 25. 34-A MRSA §1404, as amended by PL 2013, c. 598, §7, is repealed.
Sec. 26. 34-A MRSA §1405, as amended by PL 2009, c. 142, §15 and c. 391, §10, is repealed.
Sec. 27. 34-A MRSA c. 1, sub-c. 5, as amended, is repealed.
Sec. 28. 34-A MRSA §3063-B and 3063-C are enacted to read:
§ 3063-B. Transfer from jails
The commissioner may accept custody of prisoners transferred to the department from county jails under Title 30-A, section 1557-B.
§ 3063-C. Transfer to jails
Sec. 29. Balances. Notwithstanding any other provision of law, any balance remaining in the General Fund State Board of Corrections Operational Support Fund on June 30, 2015 may not lapse, but must be carried forward to the Department of Corrections, County Jail Operations Fund General Fund account to provide funds to county and multicounty jails.
Sec. 30. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
County Jail Operations Fund N220
Initiative: Transfers funds from the State Board of Corrections to the Department of Corrections.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$12,202,104 | $12,202,104 |
GENERAL FUND TOTAL | $12,202,104 | $12,202,104 |
OTHER SPECIAL REVENUE FUNDS | 2015-16 | 2016-17 |
POSITIONS - LEGISLATIVE COUNT
|
2.000 | 2.000 |
Personal Services
|
$225,881 | $228,505 |
All Other
|
$565,503 | $565,503 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $791,384 | $794,008 |
CORRECTIONS, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2015-16 | 2016-17 |
GENERAL FUND
|
$12,202,104 | $12,202,104 |
OTHER SPECIAL REVENUE FUNDS
|
$791,384 | $794,008 |
DEPARTMENT TOTAL - ALL FUNDS | $12,993,488 | $12,996,112 |
CORRECTIONS, STATE BOARD OF
State Board of Corrections Operational Support Fund Z087
Initiative: Transfers funds from the State Board of Corrections to the Department of Corrections.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
($12,202,104) | ($12,202,104) |
GENERAL FUND TOTAL | ($12,202,104) | ($12,202,104) |
OTHER SPECIAL REVENUE FUNDS | 2015-16 | 2016-17 |
POSITIONS - LEGISLATIVE COUNT
|
(2.000) | (2.000) |
Personal Services
|
($225,881) | ($228,505) |
All Other
|
($565,503) | ($565,503) |
OTHER SPECIAL REVENUE FUNDS TOTAL | ($791,384) | ($794,008) |
CORRECTIONS, STATE BOARD OF | ||
DEPARTMENT TOTALS | 2015-16 | 2016-17 |
GENERAL FUND
|
($12,202,104) | ($12,202,104) |
OTHER SPECIAL REVENUE FUNDS
|
($791,384) | ($794,008) |
DEPARTMENT TOTAL - ALL FUNDS | ($12,993,488) | ($12,996,112) |
SECTION TOTALS | 2015-16 | 2016-17 |
GENERAL FUND
|
$0 | $0 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $0 |
SECTION TOTAL - ALL FUNDS | $0 | $0 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.