Chapter 653
H.P. 1466 - L.D. 2080
PART A
Sec. A-1. 4 MRSA §1057, sub-§3,  as amended by PL 2003, c. 673, Pt. TT, §2, is further amended to read:
3. Reimbursement to counties.
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Monthly, the Treasurer of State shall make payments from the Government Operations Surcharge Fund to each county in the same proportion as the total amount paid to that county from the total amount deposited into the Government Operations Surcharge Fund during the fiscal year ending June 30, 1991 bears to the total amount deposited into the fund during the fiscal year ending June 30, 1991, except that a county may not receive an amount greater than the prior year's expenditures on its jail. The amount of total payments made to counties must equal 2% of the total fines, forfeitures and penalties, including this surcharge, received by the Treasurer of State for deposit in the Government Operations Surcharge Fund. The balance remaining in the Government Operations Surcharge Fund at the end of each month must accrue to the General Fund. This subsection is repealed July 1, 2009.
Sec. A-2. 4 MRSA §1057, sub-§3-A  is enacted to read:
3-A. Reimbursement to counties.
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Monthly, the Treasurer of State shall transfer funds from the Government Operations Surcharge Fund to the State Board of Corrections Investment Fund in an amount equal to 2% of the total fines, forfeitures and penalties, including the surcharge imposed pursuant to subsection 2-A, received by the Treasurer of State for deposit in the Government Operations Surcharge Fund. The balance remaining in the Government Operations Surcharge Fund at the end of each month must accrue to the General Fund. Funds collected and deposited each month to the Government Operations Surcharge Fund must be transferred on the last day of the month in which the collections are made to the State Board of Corrections Investment Fund under Title 34-A, section 1805. At the close of each month, the State Controller shall calculate the amount to be transferred to the State Board of Corrections Investment Fund 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 Investment Fund. This subsection takes effect July 1, 2009.
Sec. A-3. 5 MRSA §12004-G, sub-§6-C  is enacted to read:
6-C.Â
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| Corrections |
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State Board of Corrections |
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Expenses Only |
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34-A MRSA §1801 |
Sec. A-4. 14 MRSA §5545, 2nd ¶,  as amended by PL 1999, c. 583, §1; PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, 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 30-A 34-A, section 1656 1405.
Sec. A-5. 30-A MRSA §101, sub-§6-B  is enacted to read:
6-B. Support the State Board of Corrections.
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Working with the Commissioner of Corrections and sheriffs, support the State Board of Corrections, referred to in this subsection as "the board," in its efforts to accomplish its purpose and duties as defined in Title 34-A, sections 1801 and 1803 by: A. Recommending a downsizing plan, a plan for capital construction and reinvestment strategies to the board;
B. Recommending uniform policies and procedures for pretrial, probation revocation and reentry services to the board;
C. Recommending a plan for the placement, housing and program development for inmates with mental illness in accordance with standards adopted by the board; and
D. Within available resources, providing support staff for and expertise to the board.
Sec. A-6. 30-A MRSA §406  is enacted to read:
In addition to other duties set out in this Title, the sheriffs, working with the Commissioner of Corrections and the county commissioners, have the following duties to support the State Board of Corrections, referred to in this section as "the board," in its efforts to accomplish its purpose as defined in Title 34-A, section 1801.
1. Managing jail and prison capacity and offender placement.
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Consistent with the board's determination of facility use and purpose under Title 34-A, section 1803, subsection 2, paragraph A, the sheriffs shall assist the Commissioner of Corrections with respect to the daily management of offender bed space throughout the unified correctional system pursuant to Title 34-A, section 1801, subsection 1. The sheriffs shall daily provide the following information to the Commissioner of Corrections: A. Facility population by gender; classification; legal status, including pretrial or sentenced; special needs; and any other parameters determined by the Commissioner of Corrections; and
B. Facility capacity and available bed space or bed space needs by the reportable parameters under paragraph A.
2. Unified correctional system plan.
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The sheriffs may recommend a downsizing plan, a plan for capital construction and reinvestment strategies to the board.
3. Uniform policies and procedures.
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The sheriffs may recommend uniform policies and procedures for pretrial, revocation and reentry services to the board.
4. Inmates with mental illness.
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The sheriffs may recommend a plan for the placement, housing and program development for inmates with mental illness in accordance with standards adopted by the board.
5. Support of the board.
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Within their available resources, the sheriffs shall provide support staff for and expertise to the board.
Sec. A-7. 30-A MRSA §701, sub-§2,  as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
2. Preparation of noncorrectional services-related estimates.
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In order to assess a county tax for noncorrectional services-related expenses, the county commissioners, prior to November 7th in each year, shall prepare estimates of the sums necessary to pay the noncorrectional services-related expenses which that have accrued or may probably accrue for the coming year, including the building and repairing of jails, courthouses and appurtenances, with the noncorrectional services-related debts owed by their counties.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 made or provided by the county for noncorrectional-related services. The estimates must include specific amounts for each noncorrectional service expenditure.
Sec. A-8. 30-A MRSA §701, sub-§2-A  is enacted to read:
2-A. Tax assessment for correctional services.
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The counties shall annually collect no more than $62,452,804 from municipalities for the provision of correctional services, excluding debt service, in accordance with this subsection. The assessment to municipalities within each county may not be greater than the fiscal year 2007-08 county assessment for correctional-related expenditures, which is:
A. A sum of $4,287,340 in Androscoggin County;
B. A sum of $2,316,666 in Aroostook County;
C. A sum of $11,575,602 in Cumberland County;
D. A sum of $1,621,201 in Franklin County;
E. A sum of $1,670,136 in Hancock County;
F. A sum of $5,588,343 in Kennebec County;
G. A sum of $3,188,700 in Knox County;
H. A sum of $3,018,361 in Lincoln County;
I. A sum of $1,228,757 in Oxford County;
J. A sum of $5,919,118 in Penobscot County;
K. A sum of $878,940 in Piscataquis County;
L. A sum of $2,295,849 in Sagadahoc County;
M. A sum of $5,363,665 in Somerset County;
N. A sum of $2,832,353 in Waldo County;
O. A sum of $2,000,525 in Washington County; and
P. A sum of $8,667,248 in York County.
Notwithstanding this subsection, the county assessment for correctional services-related expenditures in Somerset County must be set at the fiscal year 2009-10 level when the new Somerset County Jail is open and operating at a level sufficient to sustain the average daily number of inmates from Somerset County.
For the purposes of this subsection, "correctional services" includes the management services, personal services, contractual services, commodity purchases, capital expenditures and all other costs, or portions thereof, necessary to maintain and operate correctional services.
Sec. A-9. 30-A MRSA §701, sub-§2-B  is enacted to read:
2-B. Retirement of fiscal year 2007-08 county jail debt.
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The counties shall collect taxes from municipalities for the purpose of retiring the county jail debt in existence as of July 1, 2008 until the debt is finally retired. The counties may not collect taxes from municipalities for the purpose of retiring any correctional services debt issued after July 1, 2008; nor may the State pay for future correctional services debt or other correctional services with revenue sources dedicated to municipalities.
Sec. A-10. 30-A MRSA §706-A, sub-§1,  as amended by PL 2005, c. 621, §§5 to 7, is further amended to read:
1. Definitions.
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As used in this section, unless the context otherwise indicates, the following terms have the following meanings.A. "Average real personal income growth" has the same meaning as under Title 5, section 1531, subsection 2.
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"County assessment" means total annual county appropriations reduced by all resources available to fund those appropriations other than the county tax. :
(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.
C. "Forecasted inflation" has the same meaning as under Title 5, section 1531, subsection 6.
D. "Property growth factor" means the percentage equivalent to a fraction established by a county, whose denominator is the total valuation of all municipalities, plantations and unorganized territory in the county, and whose numerator is the amount of increase in the assessed valuation of any real or personal property in those jurisdictions that became subject to taxation for the first time, or taxed as a separate parcel for the first time for the most recent property tax year for which information is available, or that has had an increase in its assessed valuation over the prior year's valuation as a result of improvements to or expansion of the property. The State Tax Assessor shall provide to the counties forms and a methodology for the calculation of the property growth factor, and the counties shall use those forms and the methodology to establish the property growth factor.
E. "State and local tax burden" has the same meaning as under Title 5, section 1531, subsection 9.
Sec. A-11. 30-A MRSA §709  is enacted to read:
Notwithstanding any other provision of law, beginning July 1, 2008 and for all subsequent fiscal years, 4 months prior to the beginning of the fiscal year the county clerk from each county shall submit that county's annual correctional services budget for the state fiscal year to the State Board of Corrections established in Title 5, section 12004-G, subsection 6-C. The budget submitted must be signed by the chair of the county commissioners and attested to by the county commissioners' clerk. The budget must include specific amounts for each correctional services related expenditure.
Sec. A-12. 30-A MRSA §710  is enacted to read:
1. Budget growth limitation and proposed budget.
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At least 6 months before the beginning of each state fiscal year, the State Board of Corrections, established in Title 5, section 12004-G, subsection 6-C and referred to in this section as "the board," shall set a growth limitation for the correctional services expenditures in the new fiscal year for each county budget. The county commissioners shall submit itemized correctional services budgets to the board in a format and by a date to be determined annually by the board.
2. Limitation on growth of county correctional services budgets.
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The board shall review each county correctional services budget submitted under subsection 1. If the county correctional services budget submitted to the board does not exceed the growth limitation established under subsection 1 and is consistent with board directives under Title 34-A, section 1803, the board must accept the county commissioners' approval of the county's correctional services budget. If the county correctional services budget submitted exceeds the growth limitation established under subsection 1 or is inconsistent with board directives under Title 34-A, section 1803, the board must further review, amend and adopt a correctional services budget for the county under subsections 3, 4 and 5.
3. Hearing on county commissioners' budget.
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If a county correctional services budget submitted to the board exceeds the growth limitation established under subsection 1 or is inconsistent with a directive of the board under Title 34-A, section 1803, the board must further review the proposed budget together with any supplementary material prepared by the county commissioners, county correctional services administrators, the Department of Corrections or any other person or entity from whom the board chooses to receive supplementary material. The board may hold a hearing under this subsection, except that it shall hold a hearing on a county correctional services budget when the county requests a hearing. If the board holds a hearing under this subsection, the provisions of Title 5, chapter 375, subchapter 4 apply.
4. Budget adjustment process.
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For a county correctional services budget submitted to the board, the board may amend or accept the proposed budget provided that the total estimated revenues, together with the amount of county tax to be levied pursuant to section 701, subsections 2-A and 2-B, equal the total estimated expenditures.
5. Adoption of budget.
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After review of a county correctional services budget submitted to the board under subsection 2, a hearing, if necessary pursuant to subsection 3, and the adjustment process under subsection 4, the board shall adopt a final correctional services budget for the county and transmit that budget to the county commissioners.
6. Assessment of taxes.
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The property tax assessment for county correctional services expenditures as established in section 701, subsection 2-A, and the county jail debt assessment established in section 701, subsection 2-B, approved by the board processes, are the final authorization for the assessment of county taxes. The budget must be sent to the county commissioners and the county tax must be authorized, apportioned and collected in accordance with section 706.
Sec. A-13. 30-A MRSA §932, sub-§3  is enacted to read:
3. Change of fiscal year.
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County commissioners in a county that is changing from a January to December fiscal year to a July to June fiscal year pursuant to section 708 are authorized to borrow money for the purpose of a transitional budget by issuing bonds or notes in anticipation of taxes. The tax anticipation note covers the 6-month period of January 1st to June 30th prior to the first year of a fiscal year beginning on July 1st. County commissioners may borrow an amount that does not exceed the taxes anticipated from the transitional budgets, and the period of borrowing may not exceed 5 years. County commissioners may issue a tax anticipation note pursuant to this subsection only once. Prior to February 15th of the transitional budget year, the municipal officers of each municipality in the county shall notify the county clerk in writing of the manner in which the municipality intends to pay its portion of the transitional county budget for the period of January 1st to June 30th. At the time of notification, the municipal officers shall indicate whether the municipality intends to pay its full share of the January 1st to June 30th transitional budget by December 31st of that year in accordance with section 706 or whether the municipality intends to pay its share of the transitional budget in equal payments over 2, 3, 4 or 5 years, ending no later than 5 years. In accordance with the payment schedule indicated in its notification, a municipality not paying its full portion of the transitional budget in that year shall make payments for the transitional budget to the county at the time the municipality makes its payment to the county for the current year. Each municipality is responsible to the county for the municipality's share of the January 1st to June 30th transitional budget and any interest incurred by the county for borrowing on behalf of the municipality in anticipation of taxes as provided in this subsection.
Sec. A-14. 30-A MRSA §1557-A,  as enacted by PL 1995, c. 647, §5, is repealed.
Sec. A-15. 30-A MRSA §1558,  as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed.
Sec. A-16. 30-A MRSA §1656,  as amended by PL 2001, c. 458, §2, is repealed.
Sec. A-17. 30-A MRSA §1671, sub-§1,  as enacted by PL 2007, c. 377, §7, is amended to read:
1. Establishment.
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Each county, or each county working jointly with another county or other counties or with the Department of Corrections, may establish a local criminal justice planning committee, referred to in this subchapter as "the committee." Only a county that establishes or participates as a member of a criminal justice planning committee may apply for funds from the Community Corrections Incentive Fund distributed pursuant to Title 34-A, section 1210-C.
Sec. A-18. 30-A MRSA §1671, sub-§3,  as enacted by PL 2007, c. 377, §7, is amended to read:
3. Duties.
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Each committee shall collaborate with each other and coordinate efforts to educate, update and increase the use of evidence-based community corrections practices at the local level. The duties of each committee include:A. Developing and adopting a mission statement consistent with the purposes of the State Sentencing and Corrections Practices Coordinating Council State Board of Corrections established in Title 34-A, section 1209-A;
B. Regularly assessing county correctional needs and determining what community correctional programs best meet those needs; and
C. Establishing policy and directing the planning, funding, development, implementation and evaluation of recommended community corrections programs determined to meet the intent of the State Sentencing and Corrections Practices Coordinating Council, established in Title 34-A, section 1209-A, and the principles of evidence-based correctional practices;
D. Receiving, reviewing and submitting to the county commissioners any applications for a grant for a community corrections initiative from the Community Corrections Incentive Fund, established in Title 34-A, section 1210-C, that meets standards and community needs as determined by the committee. Upon receipt of the committee's recommendations, the county commissioners shall forward the grant application to the State Sentencing and Corrections Practices Coordinating Council, established in Title 34-A, section 1209-A; and
E. Monitoring and overseeing community corrections investments and programming, tracking outcomes and making necessary recommendations for change to ensure efficient and effective evidence-based community corrections programming.
Sec. A-19. 30-A MRSA §1671, sub-§4,  as enacted by PL 2007, c. 377, §7, is repealed.
Sec. A-20. 30-A MRSA §1671, sub-§5,  as enacted by PL 2007, c. 377, §7, is repealed.
Sec. A-21. 34-A MRSA §1209-A, sub-§2, ¶H,  as enacted by PL 2007, c. 377, §8, is amended to read:
H. A representative of a statewide municipal association nominated by the association and appointed by the Governor; and
Sec. A-22. 34-A MRSA §1209-A, sub-§2, ¶I,  as enacted by PL 2007, c. 377, §8, is amended to read:
I. A representative of a statewide organization for victims of crime appointed by the Governor . ; and
Sec. A-23. 34-A MRSA §1209-A, sub-§2, ¶J  is enacted to read:
J. The chair of the State Board of Corrections established in Title 5, section 12004-G, subsection 6-C.
Sec. A-24. 34-A MRSA §1209-A, sub-§5,  as enacted by PL 2007, c. 377, §8, is amended to read:
5. Duties.
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The council shall coordinate criminal justice information and collaborate with persons who work in the criminal justice fields. Specifically, the council shall:A. Establish strategic goals and outcomes to guide the investment in and expenditures on corrections programs and facilities;
B. Monitor sentencing practices and review ongoing data collection on recidivism and programming, in consultation with research organizations and universities, to make informed decisions regarding sentencing practices, corrections funding and programming;
C. Develop recommended correctional and sentencing standards based on evidence-based correctional practices and promote and support the use of evidence-based correctional practices for managing the risks and needs of offenders and pretrial defendants;
D. Provide information and assistance to county and state corrections officials regarding current evidence-based correctional practices and provide a forum for sharing information on evidence-based correctional practices that are used throughout the State;
E. Monitor the status of the state and local correctional systems, project future facility needs and develop recommendations for new or expanded facilities and programs;
F. Monitor and evaluate county use of state jail subsidies and recommend changes to the correctional system if necessary;
G. Monitor and evaluate the use of community corrections funds by the counties and make recommendations for the use and allocation of these funds as necessary;
H. Regarding the Community Corrections Incentive Fund established in section 1210-C, provide standards and guidance to fund applicants, receive and review applications for grants from the fund, approve applications that meet the standards and administer the grants;
I. Monitor and evaluate the use of awards from the Community Corrections Incentive Fund, established in section 1210-C, and recommend changes or modifications to the use of these funds as necessary;
J. Review laws and policies and monitor proposed legislation and policies that affect the state and county criminal justice and correctional systems and ; make recommendations to the legislative, executive and judicial branches regarding these proposals; and report these findings to and consult with the State Board of Corrections established in Title 5, section 12004-G, subsection 6-C; and
K. Identify current and proposed policies that unnecessarily burden the criminal justice and correctional systems and develop recommendations to appropriately remedy these burdens.
Sec. A-25. 34-A MRSA §1210-A,  as amended by PL 2007, c. 377, §§9 to 11, is further amended to read:
1. Definitions.
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As used in this section, unless the context otherwise indicates, the following terms have the following meanings.A. "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.
2. Establishment of County Jail Prisoner Support and Community Corrections Fund.
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The County Jail Prisoner Support and Community Corrections Fund is established for the purpose of providing state funding for a portion of the counties' costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections as defined in subsection 1.
3. Distribution.
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Beginning July 1, 1998 and annually thereafter, the department shall distribute the County Jail Prisoner Support and Community Corrections Fund to counties based on the percent distribution of actual funds reimbursed to counties pursuant to former section 1210 in fiscal year 1996-97. The percent distribution per county is as follows:A. Androscoggin: 8.5%;
B. Aroostook: 6.6%;
C. Cumberland: 17.6%;
D. Franklin: 2.4%;
E. Hancock: 3.3%;
F. Kennebec: 6.9%;
G. Knox: 6.4%;
H. Lincoln: 3.7%;
I. Oxford: 4.7%;
J. Penobscot: 13.7%;
K. Piscataquis: 1.3%;
L. Sagadahoc: 2.7%;
M. Somerset: 5.5%;
N. Waldo: 3.7%;
O. Washington: 1.8%; and
P. York: 11.2%.
The appropriation for fiscal year 2008-09 for the County Jail Prisoner Support and Community Corrections Fund must be no less than the appropriation for fiscal year 2007-08.
4. Change in state funding of county jails.
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If a county experiences at least a 10% increase in the total annual jail operating budget or if a county issues a bond for the construction of a new jail or renovation of an existing jail, the county may file with the department a request for an increase in the amount of state funds the county receives for the support of prisoners. A county must file a request for an increase in the amount of state funds the county receives for the support of prisoners by February 15th for an increase experienced in the prior fiscal year. The department shall review the request and, if the county demonstrates to the department a need for the increase, the department shall distribute the approved amount to the county from the surcharges collected under subsection 9. All funds distributed under this subsection must be used only for the purpose of funding counties' costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections. The department shall forward the request and supporting documents to the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters of a county's requested increase and any distributions made to counties under this subsection.
5. Community corrections program account.
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Each county treasurer shall place 20% of the funds received from the department pursuant to this section into a separate community corrections program account. A county may use funds placed in this account only for adult community corrections as defined in subsection 1.Before distributing to a county that county's entire distribution from the County Jail Prisoner Support and Community Corrections Fund, the department shall require that county to submit appropriate documentation 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 from the County Jail Prisoner Support and Community Corrections Fund. 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.
6. Report.
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Beginning January 15, 1999 and annually thereafter, each county shall submit a written report to the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters. Reports must include descriptions of each county's community corrections programs and an accounting of expenditures for its community corrections.
7. Technical assistance.
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The commissioner shall provide technical assistance to counties and county advisory groups to aid them in the planning and development of community corrections.
8. Review.
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By July 1, 2001, the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters shall review the County Jail Prisoner Support and Community Corrections Fund and its purpose and functions.
9. Surcharge imposed.
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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. Except as provided in subsection 10, all All funds collected pursuant to this subsection are nonlapsing and must be deposited monthly in the County Jail Prisoner Support and Community Corrections Fund that is administered by the department. Except as provided in subsection 10, all All funds collected pursuant to this subsection must be distributed to counties that have experienced at least a 10% increase in their total annual jail operating budget or to counties that have issued bonds for the construction of a new jail or renovation of an existing jail and that meet all other requirements under subsection 4. Funds distributed to counties pursuant to this subsection must be used for the sole purpose of funding costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections.
10. Implementation.
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The first $23,658 collected under subsection 9 after the effective date of this subsection must be transferred to the Judicial Department to cover the costs of implementing the collection of surcharges.
11. Repeal.
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This section is repealed July 1, 2008 2009.
Sec. A-26. 34-A MRSA §1210-B,  as amended by PL 2007, c. 539, Pt. SSS, §1, is repealed.
Sec. A-27. 34-A MRSA §1210-C,  as enacted by PL 2007, c. 377, §13, is repealed.
Sec. A-28. 34-A MRSA §1404  is enacted to read:
In addition to other duties and powers set out in this Title, the commissioner has the following duties and powers to support the State Board of Corrections, referred to in this section as "the board," in its efforts to accomplish its purpose as described in section 1801.
1. Managing facility capacity and inmate placement.
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Consistent with the board's determination of facility use and purpose under section 1803, subsection 2, paragraph A, the commissioner is responsible for the daily management of inmate bed space throughout the unified correctional system and shall direct the transfer of inmates between facilities in order to fulfill this responsibility. The commissioner shall develop a process for information sharing between the correctional facilities and the county jails, which must include at a minimum: A.Â
Daily reporting to the department by county jails of:
(1) Facility population by gender; classification; legal status, including pretrial or sentenced; special needs; and any other parameters determined by the commissioner; and
(2) Facility capacity and available bed space or bed space needs by the reportable parameters under subparagraph (1); and
B. Regular consultation with sheriffs.
2. Unified correctional system plan.
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The commissioner may recommend a downsizing plan and reinvestment strategies to the board.
3. Uniform policies and procedures.
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The commissioner may recommend uniform practices for pretrial, revocation and reentry services to the board.
4. Inspections and investigation.
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The commissioner shall inspect county facilities consistent with sections 1208 and 1208-A.
5. Inmates with mental illness.
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The commissioner shall determine the placement, housing and program development for inmates with mental illness within correctional facilities and county jails in accordance with standards adopted by the board.
6. Support of the board.
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The commissioner shall provide administrative staffing for the board and expertise as requested by the board and shall serve as the fiscal agent for the board.
Sec. A-29. 34-A MRSA §1405  is enacted to read:
1. Transfer.
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The commissioner may transfer any inmate, pretrial or sentenced, from one county jail to another or between a county jail and a correctional facility.
2. Transferee subject to rules.
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A sentenced person transferred under this section is subject to the general rules of the facility to which the person is transferred, except that: A. The term of the original sentence remains the same unless altered by the court;
B. The person becomes eligible for good time or deductions as provided in Title 17-A, section 1253 for a person sentenced to imprisonment in a county jail or to a correctional facility, whichever is applicable;
C. The person becomes eligible for release and discharge as provided in Title 17-A, section 1254 for a person sentenced to imprisonment in a county jail or to a correctional facility, whichever is applicable;
D. The person is entitled to have the time served in the facility under this section deducted from the sentence; and
E. The person becomes eligible for furloughs, work or other release programs, participation in public works and charitable projects and home-release monitoring as authorized by Title 30-A, sections 1556, 1605, 1606 and 1659 for a person sentenced to imprisonment in a county jail or work or other release programs, furloughs and supervised community confinement for a person sentenced to a correctional facility as authorized by sections 3033, 3035 and 3036-A, whichever is applicable, and may apply pursuant to the rules governing the sending facility.
3. Return of inmate.
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The commissioner may return an inmate transferred pursuant to this section back to the sending facility.
Sec. A-30. 34-A MRSA c. 1, sub-c. 5 Â is enacted to read:
SUBCHAPTER 5
STATE BOARD OF CORRECTIONS
The State Board of Corrections, referred to in this subchapter as "the board," is established by Title 5, section 12004-G, subsection 6-C.
1. Purpose of the board.
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The purpose of the board is to develop and implement a unified correctional system that demonstrates sound fiscal management, achieves efficiencies, reduces recidivism and ensures the safety and security of correctional staff, inmates, visitors, volunteers and surrounding communities.
2. State goals.
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The board shall develop goals to guide the development of and evaluate the effectiveness of a unified correctional system. The board shall present its goals for review and approval by the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The goals must include benchmarks for performance in the following areas: A. Recidivism reduction;
B. Pretrial diversion; and
C. Rate of incarceration.
1. Appointments.
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The board consists of 9 members who are appointed by the Governor. Each appointment is subject to review by the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters and to confirmation by the Senate, except those members appointed pursuant to paragraph C. The following provisions govern member qualifications: A. One member must be a sitting sheriff selected from a list of 3 nominations submitted to the Governor by a statewide organization representing sheriffs;
B. One member must be a sitting county commissioner selected from a list of 3 nominations submitted to the Governor by a statewide organization representing county commissioners;
C. Two members must be representatives of the executive branch and at least one of the 2 must be from the department;
D. One member must be a municipal official selected from a list of 3 nominations submitted to the Governor by a statewide organization representing elected and appointed municipal officers and officials; and
E. The remaining 4 members must be broadly representative of the public and the geographical regions of the State. One of the 4 members appointed under this paragraph must be selected from a list of 3 nominations submitted to the Governor by a statewide organization representing county commissioners. A member appointed under this paragraph may not be an elected state or county official or municipal officer and may not derive income in substantial portion from work as an employee of a state, county or municipal government or in the field of corrections.
2. Terms.
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Members of the board serve at the pleasure of the Governor and must be appointed for 3-year terms. A member may continue to serve until that member's replacement is appointed and confirmed. A vacancy must be filled for the remainder of the unexpired term. Members may be reappointed.
3. Chair.
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The board shall select a chair from among its membership. A chair may serve as chair for more than one term.
4. Compensation.
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Members of the board are entitled to compensation according to the provisions of Title 5, section 12004-G, subsection 6-C.
5. Assistance.
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The department shall provide administrative support for the operations of the board, including but not limited to filing public notices, taking meeting minutes and recording decisions.
6. Board meetings.
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The board shall meet at least 4 times per year and as often as necessary at the discretion of the chair. Any 3 members of the board may call a meeting.
7. Quorum.
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Two-thirds of the members of the board constitute a quorum for purposes of voting, 2/3 of the members constitute a quorum for purposes of rulemaking and 3 members constitute a quorum for subcommittee hearings held by the board that do not involve decision making.
8. Records and meetings.
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All meetings and records of the board are subject to the provisions of Title 1, chapter 13.
The board is charged with the following responsibilities and duties.
1. Manage the cost of corrections.
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The board shall develop a plan to achieve systemic cost savings and cost avoidance throughout the unified correctional system with the goal of operating efficient correctional services. Additionally, the board shall: A. Set and enforce a yearly growth limitation for the correctional services expenditures in each county budget under Title 30-A, section 710;
B. Develop reinvestment strategies within the unified correctional system to improve services and reduce recidivism; and
C. Establish boarding rates for the unified correctional system, except boarding rates for federal inmates.
2. Determine correctional facility use and purpose.
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The board shall: A. Determine individual correctional facility and county jail use, including the location of specialty units, which may include medical, mental health, women's and substance abuse units, other specialty units and housing of pretrial and sentenced populations;
B. Review staffing levels at each correctional facility and county jail to ensure that safe conditions exist for staff, inmates and others; and
C. Review the use of all correctional facilities and county jails. The board may downsize or close facilities or reassign services. The board shall adopt rules governing the process and standards for closing or downsizing a correctional facility or a county jail, including criteria to be evaluated and stakeholders to be consulted. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
3. Adopt treatment standards and policies.
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The board shall: A. Adopt standards for consistent systemwide pretrial, revocation and reentry practices;
B. Adopt standards for the treatment of inmates with mental illness within correctional facilities and county jails, and in consultation with the State Forensic Service, adopt policies for facilitating the performance of court-ordered mental health evaluations within correctional facilities and county jails when appropriate; and
C. Coordinate transportation of inmates in the unified correctional system.
4. Certificate of need.
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The board shall review and may approve any future public or private construction projects. The board shall establish a certificate of need process used for the review and approval of any future public or private capital correctional construction projects. The board shall adopt rules governing the procedures relating to the certificate of need process and financing alternatives. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
5. Administrative duties.
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The board shall: A. Identify opportunities for and approve cost-saving agreements and efficiencies, including, but not limited to, purchasing or contract agreements, shared staff and staff training, transportation and technology initiatives. Any opportunities identified by the board must be included and discussed in the board's reports to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters as required under subsection 10;
B. Consult with the State Sentencing and Corrections Practices Coordinating Council established in Title 5, section 12004-I, subsection 74-E and other groups, make recommendations related to sentencing and sentencing-related practices by other state and local government entities to the State Sentencing and Corrections Practices Coordinating Council for its consideration and utilize research and reports, including those issued by the Corrections Alternatives Advisory Committee, which was established by Public Law 2005, chapter 386, Part J, section 1 and amended by Public Law 2005, chapter 667;
C. Assist correctional facilities and county jails when appropriate to establish, achieve and maintain professional correctional accreditation standards;
D. Administer the County Jail Prisoner Support and Community Corrections Fund established in section 1806 and the State Board of Corrections Investment Fund established in section 1805. The board may allocate available funds from the State Board of Corrections Investment Fund to meet any emergency expenses or for maintenance in emergency conditions of any correctional facility or county jail. The board may make allocations for these purposes only upon written request of the commissioner or a county;
E. Prepare and submit to the Governor a budget for the State Board of Corrections Investment Fund established in section 1805 biennially that clearly identifies the financial contribution required by the State to support the actual costs of corrections in addition to the capped property tax contribution under Title 30-A, section 701, subsection 2-A. The board shall also propose in its budget an appropriation to the State Board of Corrections Investment Fund of an amount equal to the difference between the 2007-08 fiscal year's county jail debt and the amount of that year's debt payment; and
F. Promote and support the use of evidence-based practices.
6. Receive and review recommendations.
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The board shall receive and review recommendations submitted by the commissioner, the counties, the corrections working group established in section 1804 or other interested parties concerning development of downsizing plans and reinvestment strategies, uniform practices for pretrial, inmate classification, revocation and reentry services, and other recommendations with respect to the delivery of state and county corrections services. The board shall consult with and seek input from prosecutors; defense attorneys; judges; advocates for victims; providers and advocates who work with persons with mental illness; and other interested parties.
7. Authority limited.
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The board does not have authority to exercise jurisdiction over inmate grievances, labor negotiations or contracts, including personnel rules negotiated as part of any collective bargaining agreement, or any aspect of the operation of detention facilities or the administration of juvenile community corrections services.
8. Rulemaking.
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The board may adopt rules necessary to implement this section. Unless otherwise indicated, rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
9. Appeals.
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Only the department or a county aggrieved by a final decision of the board is entitled to judicial review pursuant to Title 5, section 11001. Such review must be limited to errors of law.
10. Reporting.
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The board shall make initial reports to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters by January 15, 2009 and by April 1, 2009. Thereafter, the board shall report at least annually, beginning January 15, 2010, and as requested. Reports must include any recommendations for amending laws relating to the unified correctional system or the board.
11. Committee review.
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The joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters shall conduct an initial review by April 1, 2009 and annually by January 15th thereafter to analyze the effectiveness of the board in fulfilling its purposes, including but not limited to a review of the board's identification of opportunities for and agreements regarding cost savings and efficiencies in purchasing, training, transportation and technology. The committee has authority to report out legislation upon completing its review each year.
The commissioner, the president of a statewide county commissioners association and the president of a statewide sheriffs association shall develop a memorandum of understanding for approval by the board that establishes an informal corrections working group consisting of representatives of the department, sheriffs and county commissioners. The commissioner, the president of a statewide county commissioners association and the president of a statewide sheriffs association shall name 2 cochairs to convene and lead the working group. One chair must represent the department and one chair must represent county government. The cochairs shall select the remaining members of the working group based on criteria established by the parties in the memorandum of understanding.
The corrections working group shall meet as needed and as requested by either one or both cochairs to engage in information sharing and to discuss and resolve any issues or problems experienced in daily operation of the unified correctional system, including the placement of inmates. The group shall advise and assist the board in the ongoing improvement of the unified correctional system. In carrying out this function, the working group may consult with experts and stakeholders, including but not limited to prosecutors, defense attorneys, judges, victim advocates, providers and advocates for persons with mental illness and other interested parties. If an issue arises that cannot be responded to by the working group, the board shall meet to review the issue. The working group shall report to the board.
1. Fund established.
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The State Board of Corrections Investment Fund, referred to in this section as "the fund," is an enterprise fund established within the Department of Administrative and Financial Services for the purposes specified in this section.
2. Expenditures from fund.
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Except as otherwise provided in this section, amounts in the fund may be expended only to compensate county governments and the department for costs approved by the board and the Legislature.
3. Sources of fund.
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The State Controller shall credit to the fund: A. Any net county assessment revenue pursuant to Title 30-A, section 701, subsection 2-A in excess of county jail appropriations in counties where jails or correctional services have been closed or downsized;
B. Any net county assessment revenue in excess of county jail expenditures in counties where changes in jail operations pursuant to board directives under section 1803 have reduced jail expenses;
C. Funds appropriated by the Legislature including funds appropriated pursuant to section 1803, subsection 5, paragraph E;
D. Money from any other source, whether public or private, designated into or credited to the fund; and
E. Interest earned or other investment income on balances in the fund.
4. Unencumbered balances.
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Any unencumbered balance remaining at the end of any fiscal year does not lapse but is carried forward to be expended for the purposes specified in this section and may not be made available for any other purpose.
5. Report by commissioner.
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The commissioner shall report at least annually on or before the 2nd Friday in December to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The report must summarize the activity in any funds or accounts directly related to this section.
6. Restricted accounts.
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The State Controller is authorized to establish separate accounts within the fund in order to segregate money received by the fund from any source, whether public or private, that requires as a condition of the contribution to the fund that the use of the money contributed be restricted to the purposes specified. Money credited to a restricted account established under this subsection may be applied only to the purposes to which the account is restricted.
1. Definitions.
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As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Community corrections" means correctional services for adults delivered 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.
2. Establishment of County Jail Prisoner Support and Community Corrections Fund.
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The County Jail Prisoner Support and Community Corrections Fund is established for the purpose of providing state funding for a portion of the counties' costs of the support of prisoners detained in or sentenced to county jails and for establishing and maintaining community corrections.
3. Distribution.
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Beginning July 1, 2009 and annually thereafter, the board shall distribute the County Jail Prisoner Support and Community Corrections Fund to counties based on the percent distribution of actual funds reimbursed to counties pursuant to former section 1210 in fiscal year 1996-97. The percent distribution per county is as follows: A. Androscoggin: 8.5%;
B. Aroostook: 6.6%;
C. Cumberland: 17.6%;
D. Franklin: 2.4%;
E. Hancock: 3.3%;
F. Kennebec: 6.9%;
G. Knox: 6.4%;
H. Lincoln: 3.7%;
I. Oxford: 4.7%;
J. Penobscot: 13.7%;
K. Piscataquis: 1.3%;
L. Sagadahoc: 2.7%;
M. Somerset: 5.5%;
N. Waldo: 3.7%;
O. Washington: 1.8%; and
P. York: 11.2%.
4. Authority to deviate from percent distribution.
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Notwithstanding subsection 3, the board may alter the percent distribution to a county based on a substantial change in the nature or extent of correctional services provided by that county.
5. Change in state funding of county jails.
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If a county experiences at least a 10% increase in the total annual jail operating budget or if a county issues a bond for the construction of a new jail or renovation of an existing jail, the county may file with the board a request for an increase in the amount of state funds the county receives for the support of prisoners. A county must file a request for an increase in the amount of state funds the county receives for the support of prisoners by February 15th for an increase experienced in the prior fiscal year. The board shall review the request and, if the county demonstrates to the board a need for the increase, the board shall distribute the approved amount to the county from the surcharges collected under subsection 7. All funds distributed under this subsection must be used only for the purpose of funding counties' costs of the support of prisoners detained in or sentenced to county jails and for establishing and maintaining community corrections. The board shall forward the request and supporting documents to the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters of a county's requested increase and any distributions made to counties under this subsection.
6. Community corrections program account.
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Each county treasurer shall place 20% of the funds received from the board pursuant to this section into a separate community corrections program account. A county may use funds placed in this account only for community corrections. Before distributing to a county that county's entire distribution from the County Jail Prisoner Support and Community Corrections Fund, the board shall require that county to submit appropriate documentation verifying that the county expended 20% of its prior distribution for the purpose of community corrections. 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 board shall distribute to that county only 80% of its distribution from the County Jail Prisoner Support and Community Corrections Fund. The board 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 board shall distribute these funds to those qualifying counties in an amount equal to each county's percent distribution pursuant to subsection 3.
7. Surcharge imposed.
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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 County Jail Prisoner Support and Community Corrections Fund that is administered by the board. All funds collected pursuant to this subsection must be distributed to counties that have experienced at least a 10% increase in their total annual jail operating budget or to counties that have issued bonds for the construction of a new jail or renovation of an existing jail and that meet all other requirements under subsection 5. Funds distributed to counties pursuant to this subsection must be used for the sole purpose of funding costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections.
8. Effective date.
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This section takes effect July 1, 2009.
Sec. A-31. 34-A MRSA §3063,  as amended by PL 1999, c. 583, §14, is repealed.
Sec. A-32. 34-A MRSA §3063-A,  as amended by PL 1997, c. 464, §13, is repealed.
Sec. A-33. Boarding rates for state prisoners in county jails. The boarding rate charged to the Department of Corrections for housing state prisoners in the following county jails for fiscal year 2008-09 may not be greater on a daily basis than:
A. Twenty dollars in Cumberland County jail;
B. Twenty-one dollars and 16 cents in York County jail; and
C. Twenty-one dollars and 16 cents in Somerset County jail.
The Commissioner of Corrections may negotiate agreements with other counties to board state prisoners at other county jails at marginal rates as agreed upon with those counties.
This section is repealed July 1, 2009.
Sec. A-34. Staggered terms and chair. Notwithstanding the Maine Revised Statutes, Title 34-A, section 1802, subsections 2 and 3, the Governor shall name one public member appointed under Title 34-A, section 1802, subsection 1, paragraph E to serve as the first chair of the State Board of Corrections, and that public member must be appointed to a 3-year term. Two other appointees must be initially appointed to 3-year terms, 3 members must be appointed to 2-year terms and the remaining 3 members must be appointed to one-year terms.
Sec. A-35. Property ownership. Nothing in this Act may be construed to confer to the State ownership, either now or in the future, of any real or personal property owned by a county. Any correctional facility or county jail downsized or closed pursuant to the Maine Revised Statutes, Title 34-A, section 1803, subsection 2, paragraph C remains the property of the State or county, respectively.
Sec. A-36. Transitional team. Until the State Board of Corrections is appointed pursuant to the Maine Revised Statutes, Title 34-A, section 1802 and approves a memorandum of understanding pursuant to Title 34-A, section 1804, including naming the corrections working group, the Commissioner of Corrections shall invite the President of the Maine Sheriffs Association and the President of the Maine County Commissioners to meet to develop a temporary transitional team to develop the memorandum of understanding and begin working on necessary issues in preparation of the corrections working group.
Sec. A-37. Transition reserve account. An operating reserve account within the State Board of Corrections Investment Fund, as established by the Maine Revised Statutes, Title 34-A, section 1805, for county jail budget growth during the counties' 2009-10 fiscal year is established. The Commissioner of Corrections shall submit a plan to the Governor and the Commissioner of Administrative and Financial Services for the inclusion of a $1,500,000 appropriation to the operating reserve account of the State Board of Corrections Investment Fund in a supplemental or biennial budget bill authorizing appropriations and allocations for the 2009-10 fiscal year.
Sec. A-38. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
County Jail Prisoner Support and Community Corrections Fund 0888
Initiative: Restores funds for the County Jail Prisoner Support and Community Corrections Fund program.
| GENERAL FUND |
2007-08 |
2008-09 |
|
All Other
|
$0 |
$1,046,562 |
|
 |
|
| GENERAL FUND TOTAL |
$0 |
$1,046,562 |
State Board of Corrections Investment Fund N048
Initiative: Provides funds to board approximately 100 inmates in various county jails.
| GENERAL FUND |
2007-08 |
2008-09 |
|
All Other
|
$0 |
$772,340 |
|
|
|
| GENERAL FUND TOTAL |
$0 |
$772,340 |
State Board of Corrections Investment Fund N048
Initiative: Provides funds for expenses of the State Board of Corrections.
| GENERAL FUND |
2007-08 |
2008-09 |
|
All Other
|
$0 |
$20,000 |
|
|
|
| GENERAL FUND TOTAL |
$0 |
$20,000 |
| CORRECTIONS, DEPARTMENT OF |
|
|
| DEPARTMENT TOTALS |
2007-08 |
2008-09 |
|
|
|
|
GENERAL FUND
|
$0 |
$1,838,902 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS |
$0 |
$1,838,902 |