An Act To Rename and Repurpose the Mountain View Youth Development Center as the Mountain View Correctional Facility and To Eliminate the Charleston Correctional Facility as a Facility Separate from Mountain View
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 laws relating to the Department of Corrections create significant difficulties in the administration of the Department of Corrections; 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. 5 MRSA §17851, sub-§11, as amended by PL 1999, c. 731, Pt. CCC, §1, is further amended to read:
(1) Completes 20 years of creditable service in one or more of those capacities; and
(2) Retires upon or after reaching the age of 50 years; or
Notwithstanding any other provision in this section, no person in the employ of the Bangor Pre-Release Center on August 4, 1988 who would have qualified for a service retirement benefit if the Bangor Pre-Release Center had remained the administrative responsibility of the Maine State Prison may be denied such a benefit by virtue of the transfer of that responsibility to the former Charleston Correctional Facility.
A person in the employ of the Bangor Pre-Release Center to whom paragraph A applies and who is employed at the Bangor Pre-Release Center on June 30, 2000 remains covered under paragraph A notwithstanding the closing of the Bangor Pre-Release Center if the person is thereafter and without a break in service employed in a capacity to which this subsection or section 17851-A, subsection 1, paragraph I applies or if not thereafter employed in such a capacity but having qualified at the time of the closing of the Bangor Pre-Release Center for retirement under paragraph A, retires then or at a later time.
Sec. 2. 15 MRSA §2121, sub-§2, as amended by PL 2013, c. 133, §3, is further amended to read:
Sec. 3. 17-A MRSA §15, sub-§1, ¶A, as repealed and replaced by PL 2011, c. 691, Pt. A, §12, is amended to read:
(1) Murder;
(2) Any Class A, Class B or Class C crime;
(3) Assault while hunting;
(4) Any offense defined in chapter 45;
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19-A, section 4002, subsection 4;
(5-B) Domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct;
(6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(9) A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer;
(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;
(11) Theft involving a detention under Title 17, section 3521;
(12) Harassment, as set forth in section 506-A;
(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, subsection 3; and Title 19-A, section 4012, subsection 5;
(14) A violation of a sex offender registration provision under Title 34-A, chapter 15;
(15) A violation of a requirement of administrative release when requested by the attorney for the State;
(16) A violation of a condition of supervised release for sex offenders when requested by a probation officer;
(17) A violation of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State;
(18) A violation of a condition of release as provided in Title 15, section 3203-A, subsection 9;
(19) A violation of a condition of supervised community confinement granted pursuant to Title 34-A, section 3036-A when requested by a probation officer;
(20) A violation of a condition of placement on community reintegration status granted pursuant to Title 34-A, sections section 3810 and former section 4112 when requested by a juvenile community corrections officer;
(21) A violation of a condition of furlough or other rehabilitative program authorized under Title 34-A, section 3035 when requested by a probation officer or juvenile community corrections officer;
(22) A violation of preconviction or post-conviction bail pursuant to Title 15, section 1095, subsection 2 or section 1098, subsection 2 upon request of the attorney for the State;
(23) Failure to appear in violation of Title 15, section 1091, subsection 1, paragraph A;
(24) A Class D or Class E crime committed while released on preconviction or post-conviction bail; or
(25) A violation of a condition of release from a community confinement monitoring program pursuant to Title 30-A, section 1659-A; and
Sec. 4. 20-A MRSA §1, sub-§34-A, ¶E, as amended by PL 2003, c. 706, Pt. A, §8, is further amended to read:
Sec. 5. 34-A MRSA §1001, sub-§8-A, as amended by PL 2003, c. 410, §10, is further amended to read:
Sec. 6. 34-A MRSA §1001, sub-§11, as amended by PL 2005, c. 507, §18, is further amended to read:
Sec. 7. 34-A MRSA §3061, sub-§1, as amended by PL 2013, c. 28, §10, is further amended to read:
Sec. 8. 34-A MRSA c. 3, sub-c. 4, as amended, is repealed.
Sec. 9. 34-A MRSA §3816, as enacted by PL 2013, c. 28, §11, is repealed.
Sec. 10. 34-A MRSA §4101, as enacted by PL 1991, c. 400 and amended by PL 1999, c. 401, Pt. J, §6 and PL 2001, c. 439, Pt. G, §8, is further amended to read:
§ 4101. Establishment
There is established the Mountain View Youth Development Center Correctional Facility located in Penobscot County.
Sec. 11. 34-A MRSA §4102-A, as amended by PL 2011, c. 282, §7, is further amended to read:
§ 4102-A. Purposes for juveniles
Sec. 12. 34-A MRSA §4102-B is enacted to read:
§ 4102-B. Purposes for prisoners
The purposes of the Mountain View Correctional Facility with respect to prisoners include vocational and academic education and rehabilitative programs, including work release and work involving public restitution.
Sec. 13. 34-A MRSA §4103, sub-§1, as amended by PL 2005, c. 488, §12, is further amended to read:
Sec. 14. 34-A MRSA §4103, sub-§2, as amended by PL 2005, c. 488, §12, is further amended to read:
Sec. 15. 34-A MRSA §4104, as amended by PL 2007, c. 536, §8, is further amended to read:
§ 4104. Detention and confinement of juveniles
Sec. 16. 34-A MRSA §4105, as enacted by PL 1991, c. 400 and amended by PL 1999, c. 401, Pt. J, §6 and PL 2001, c. 439, Pt. G, §8, is further amended to read:
§ 4105. Juvenile detainees generally
All juvenile detainees at the Mountain View Youth Development Center Correctional Facility must be detained in accordance with the orders of the court and the rules of the department.
Sec. 17. 34-A MRSA §4106, as amended by PL 2005, c. 488, §13, is further amended to read:
§ 4106. Powers of employees
Employees of the Mountain View Youth Development Center Correctional Facility have the same power as sheriffs in their respective counties to search for and apprehend escapees from the facility, when authorized to do so by the superintendent.
Sec. 18. 34-A MRSA §4107, as enacted by PL 1991, c. 400 and amended by PL 1999, c. 401, Pt. J, §6 and PL 2001, c. 439, Pt. G, §8, is further amended to read:
§ 4107. Transportation
All court-ordered and court-related transportation of juvenile detainees to and from the Mountain View Youth Development Center Correctional Facility is the responsibility of the sheriff of the county in which the court is located.
Sec. 19. 34-A MRSA §4108, sub-§1, as enacted by PL 1991, c. 400 and amended by PL 2001, c. 439, Pt. G, §8, is further amended to read:
Sec. 20. 34-A MRSA §4111, sub-§§1 and 2, as enacted by PL 1999, c. 583, §44 and amended by PL 2001, c. 439, Pt. G, §8, are further amended to read:
Sec. 21. 34-A MRSA §4112, as amended by PL 2003, c. 410, §20, is repealed.
Sec. 22. 34-A MRSA §4113, as amended by PL 2003, c. 410, §21, is repealed.
Sec. 23. 34-A MRSA §4114, as amended by PL 2005, c. 488, §18, is repealed.
Sec. 24. 34-A MRSA §4115, as enacted by PL 1999, c. 583, §45 and amended by PL 2001, c. 439, Pt. G, §8, is repealed.
Sec. 25. 34-A MRSA §4116, as amended by PL 2003, c. 410, §22 and c. 689, Pt. B, §6, is repealed.
Sec. 26. 34-A MRSA §4117, as amended by PL 2015, c. 320, §1, is further amended to read:
§ 4117. Confinement of prisoners
The commissioner may confine adults sentenced and committed to the custody of the department who have not attained 26 years of age, except that, until April 30, 2017, the commissioner may confine adults of any age who have been sentenced and committed to the department, in the Mountain View Youth Development Center Correctional Facility as long as the housing facilities for adult offenders prisoners are fully separated from the housing facilities for juvenile detainees and juvenile clients and the commissioner maintains at all times full compliance with mandatory sight and sound separation standards established by federal law. All provisions of this Title that are applicable to prisoners apply to adult offenders prisoners confined in the Mountain View Youth Development Center Correctional Facility as if they were confined in a correctional facility housing only adults.
Sec. 27. 34-A MRSA §4118 is enacted to read:
§ 4118. Prisoners generally
Sec. 28. 34-A MRSA §5402, sub-§2, ¶H, as amended by PL 2005, c. 328, §25, is further amended to read:
Sec. 29. 34-B MRSA §6205, as amended by PL 2011, c. 542, Pt. A, §134, is further amended to read:
§ 6205. Services for juveniles committed to Long Creek Youth Development Center
Sec. 30. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 34-A, chapter 3, subchapter 8, in the subchapter headnote, the words "mountain view youth development center" are amended to read "mountain view correctional facility" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.