CHAPTER 216
S.P. 141 - L.D. 417
An Act To Improve the Role of Boards of Visitors for State Correctional Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §3002, as amended by PL 1989, c. 503, Pt. B, §159, is repealed and the following enacted in its place:
1. Appointment. The Governor shall appoint a board of 5 visitors for each correctional facility under the department, as authorized by Title 5, section 12004-I, subsection 5.
A. The terms of the members of the boards of visitors are for 3 years.
B. Members of the boards of visitors are eligible for reappointment at the expiration of their terms.
C. A member of the Legislature or an employee of the department may not serve on any board of visitors.
D. At least one member of each board must be a person licensed by this State to provide mental health services.
E. Each member of the boards of visitors must be compensated according to the provisions of Title 5, chapter 379.
F. The Governor shall appoint a chair from the membership.
2. Duties. Boards of visitors have the following duties.
A. Each board of visitors shall inspect the correctional facility to which it is assigned. Each board of visitors must be provided open access to all physical areas of the correctional facility, including access to areas housing clients. Each board of visitors must be provided the opportunity to speak to clients and to staff. Members of the board shall comply with all departmental policies and procedures and facility security practices regarding access to the correctional facility, shall adhere to all federal and state law regarding confidentiality and shall refer concerns or complaints regarding specific individuals to the chief administrative officer or advocate.
B. Each board of visitors shall review the management of the correctional facility to which it is assigned to determine whether that management is consistent with the philosophy, mission and policy goals of the department and facility. Each board of visitors shall prepare an annual report including its recommendations and shall provide copies of its report to the chief administrative officer of the facility, the commissioner and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The commissioner shall provide copies with the department's response to the reports to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters within one month of receiving the annual reports.
C. Each board of visitors shall appear before the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters upon request.
D. Boards of visitors shall meet regularly and at least 4 times a year. At each meeting, a board of visitors may request and must receive information from the chief administrative officer as the board determines will assist in the review of the management of the facility. To the extent that a board of visitors is not discussing matters made confidential by federal or state law, meetings of boards are public proceedings and must be conducted in accordance with Title 1, section 403. Boards of visitors may meet jointly.
E. Each board of visitors shall share copies of that board's annual report with the other boards.
3. Visit to correctional facilities and communications with clients and staff. A member of a board of visitors may visit the correctional facility to which that board is assigned and may speak with clients and with staff. The member shall comply with all departmental policies and procedures and facility security practices regarding access to the correctional facility, shall adhere to all federal and state law regarding confidentiality and shall refer concerns or complaints regarding specific individuals to the chief administrative officer or advocate.
4. Volunteer activities. Volunteer activities of a member of a board of visitors may be prescribed by departmental policies regarding volunteer activities generally.
Sec. 2. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 34-A, section 3002, the terms of members of boards of visitors appointed pursuant to Title 34-A, section 3002 during the first year following the effective date of this Act must be staggered and be for 1, 2 or 3 years.
Sec. 3. Application. Notwithstanding the Maine Revised Statutes, Title 34-A, section 3002, subsection 1, paragraph C, a current member of a board of visitors who is an employee of the Department of Corrections may continue to serve on a board until March 15, 2006 or until a new member is appointed, whichever is sooner.
Effective September 17, 2005.
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