‘An Act To Stabilize Funding for the County Jails’
Amend the bill by striking out the title and substituting the following:
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 34-A MRSA §1210-D, as amended by PL 2015, c. 436, §§11 and 12, is further amended to read:
§ 1210-D. County Jail Operations Fund; County Jail Community Corrections Fund
1. County Jail Operations Fund. Notwithstanding any provision of law to the contrary, beginning in fiscal year 2017-18, at least $12,202,104 $10,355,543 in state funding must be appropriated annually and used for the purposes of the County Jail Operations Fund, as established pursuant to this section and referred to in this section as "the fund." subsection. The department shall administer the fund County Jail Operations Fund and shall distribute funds to the jails in accordance with this section for the purposes set forth in subsections 2 and 3 and 4.
2. Community corrections; County Jail Community Corrections Fund. Notwithstanding any provision of law to the contrary, at least $5,646,561 in state funding must be appropriated annually and used for the purposes of the County Jail Community Corrections Fund, as established pursuant to this subsection. The department shall administer the County Jail Community Corrections Fund and shall distribute funds to the jails in accordance with this subsection for the purposes set forth in this subsection and subsection 2-A. The fund County Jail Community Corrections Fund must be used for the purpose of establishing and maintaining community corrections. For purposes of this subsection, "community corrections" means the delivery of correctional services for adults in the least restrictive manner that ensures the public safety by the county or for the county under contract with a public or private entity. "Community corrections" includes, but is not limited to, preventive or diversionary correctional programs, pretrial release or conditional release programs, alternative sentencing or housing programs, electronic monitoring, residential treatment and halfway house programs, community correctional centers and temporary release programs from a facility for the detention or confinement of persons convicted of crimes. The following provisions apply to community corrections funding.
A. Thirty percent of the funds distributed to the counties under this section subsection must be used for the purpose of community corrections.
B. The county treasurer shall deposit 30% of the funds received under this subsection 4 into an account for community corrections purposes.
C. Before distributing to a county that county's entire distribution under this section subsection, the department shall require that county to submit appropriate documentation verifying that the county expended 30% of its prior distribution for the purpose of community corrections as required by this section subsection.
D. If a county fails to submit appropriate documentation verifying that the county expended 30% of its prior distribution for the purpose of community corrections under paragraph C, the department shall distribute to that county only 80% of its distribution. The department shall hold in escrow the 20% not distributed to a county to give the county jail an opportunity to comply with the requirement that 30% of the total distribution under this subsection be used for community corrections purposes and qualify for disbursement of the withheld funds.
2-A. Pretrial release or conditional release programs. Using community corrections funds distributed under this section, each county shall provide a program, directly or through contract with an organization, to supervise defendants subject to a pretrial release condition imposed pursuant to Title 15, section 1026, subsection 3, paragraph A, subparagraph (1) and such requirements as may be established by rule or order of the Supreme Judicial Court.
3. Prisoner support. The fund County Jail Operations Fund must be used to provide a portion of the counties' costs of the support of prisoners detained or sentenced to county jails. The following provisions apply to prisoner support funding.
A. Up to 70% of the The funds distributed to a county under subsection 1 and this section subsection may be used for the purpose of support of prisoners detained or sentenced to county jails and for such other jail operations and correctional services purposes as the sheriff determines to be appropriate.
B. The county treasurer shall deposit 70% of the funds received under this subsection 4 into an account for prisoner support, jail operations and correctional services purposes.
4. Formula; distribution. The department shall establish by rule a formula for the distribution of funds from the fund County Jail Operations Fund and the County Jail Community Corrections Fund to the counties for jail operations. Beginning July 1, 2015 and annually thereafter, the The department annually shall distribute to the counties from the fund County Jail Operations Fund and the County Jail Community Corrections Fund amounts based on the formula. The formula must be based on the most recent fiscal year for which data is available and must:
A. Take into consideration total statewide county jail prisoner days for all jails;
B. Take into consideration and assign to a jail the number of county jail prisoner days attributable to each prisoner who was charged with committing a crime in that county or was committed to the custody of or detained by the sheriff of that county;
C. Determine the proportion of statewide county jail prisoner days attributable to each county;
D. Determine the per diem per prisoner reimbursement amount; and
E. Determine the reimbursement amount for each county based on the county's proportion of statewide county jail prisoner days multiplied by the per diem per prisoner rate.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
5. Surcharge imposed. In addition to the 14% surcharge collected pursuant to Title 4, section 1057, an additional 1% surcharge must be added to every fine, forfeiture or penalty imposed by any court in this State, which, for the purposes of collection and collection procedures, is considered a part of the fine, forfeiture or penalty. All funds collected pursuant to this subsection are nonlapsing and must be deposited monthly in the fund County Jail Operations Fund.
Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
County Jail Community Corrections Fund N267
Initiative: Transfers funds to create a separate program for county jail community-based corrections funds.
| GENERAL FUND | 2017-18 | 2018-19 |
|
All Other
|
$5,646,561 | $5,646,561 |
 |
|
|
| GENERAL FUND TOTAL | $5,646,561 | $5,646,561 |
County Jail Operations Fund Z194
Initiative: Provides $3,800,000 in additional ongoing funding for the County Jail Operations Fund.
| GENERAL FUND | 2017-18 | 2018-19 |
|
All Other
|
$3,800,000 | $3,800,000 |
|
|
|
| GENERAL FUND TOTAL | $3,800,000 | $3,800,000 |
County Jail Operations Fund Z194
Initiative: Transfers funds to create a separate program for county jail community-based corrections funds.
| GENERAL FUND | 2017-18 | 2018-19 |
|
All Other
|
($5,646,561) | ($5,646,561) |
|
|
|
| GENERAL FUND TOTAL | ($5,646,561) | ($5,646,561) |
| CORRECTIONS, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2017-18 | 2018-19 |
|
GENERAL FUND
|
$3,800,000 | $3,800,000 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $3,800,000 | $3,800,000 |
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment:
1. Separates the County Jail Operations Fund into a County Jail Operations Fund and a new County Jail Community Corrections Fund; and
2. Provides $3,800,000 per year in additional funding for the County Jail Operations Fund.
FISCAL NOTE REQUIRED
(See attached)