An Act To Implement the Recommendations of the Commission To Improve the Sentencing, Supervision, Management and Incarceration of Prisoners
Maine Legislature, Session 121, LD 1856
Committee: Criminal Justice and Public Safety

Legislative Document 
No. 1856 
H.P.1382 
House of Representatives, February 18,2004 
An Act To Implement the Recommendations of the Commission To 
Improve the Sentencing, Supervision, Management and 
Incarceration of Prisoners 
(EMERGENCY) 
Reported by Representative GROSE of Woolwich for the Commission to Improve the 
Sentencing, Supervision, Management and Incarceration of Prisoners pursuant to Public Law 
2003, chapter 451, Part K, section 2 and Resolve, chapter 101, section 3. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Printed on recycled paper 
17/~ 
1J7.1J7u£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, 
the 
Commission 
to 
Improve 
the 
Sentencing, 
Supervision, 
Management 
and 
Incarceration 
of 
Prisoners 
was 
established by the Legislature to examine the factors leading to 
prison overcrowding, the impact of current sentencing laws, the 
use of alternative sentences and the means to reduce recidivism, 
in particular recidivism caused by mental illness and substance 
abuse; and 
Whereas, the commission has 
submitted its report to the 
Legislature, 
including 
recommendations 
to 
apply 
immediate 
solutions 
to 
the 
factors 
contributing 
to 
jail 
and 
prison 
overcrowding; however, additional research and deliberation are 
necessary to examine the impact of current sentencing laws on 
prisoner populations, to address the issues of mental illness in 
the criminal justice system and to enhance juvenile delinquency 
prevention and diversion from the criminal justice system; and 
Whereas, in order to continue the work of the commission and 
to address these compelling issues, an extension in its reporting 
deadline is required; 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. PL 2003, c. 451, Pt. K, §2, sub-§1 is amended to read: 
1. 
Initial commission membership. 
The commission consists 
of 17 initial members appointed as follows: 
A. 
Two members of the Senate appointed by the President of 
the Senate; 
B. 
Two members of the House of Representatives appointed by 
the Speaker of the House; 
C. 
The Attorney General or a designee; 
D. 
The Commissioner of the Department of Corrections or a 
designee; 
Page l-LR2717(1) 
E. 
The 
Commissioner 
of 
Behavioral 
and 
Developmental 
Services or a designee; 
F. 
A 
representative 
of 
Adult 
Community 
appointed by the Commissioner of Corrections; 
Corrections 
G. 
A 
representative 
of 
prosecutors nominated by the 
the Governor; 
a 
statewide 
association 
association 
of 
and appointed by 
H. 
A representative of a statewide association of county 
commissioners nominated by the association and appointed by 
the Governor; 
I. 
A representative of a statewide association of county 
sheriffs nominated by the association and appointed by the 
Governor; 
J. 
A representative of a statewide association of criminal 
defense lawyers appointed by the Governor; 
K. 
A member of the public appointed by the Governor; and 
L. 
A representative of a statewide membership organization 
representing people with mental illness and their families 
appointed by the Governor. 
The 
commission 
shall 
ask 
the 
Chief Justice of 
the 
Judicial Court to serve or name a designee to serve as 
member of the commission and to appoint 2 trial judges 
designees to serve as voting members of the commission. 
Supreme 
a voting 
or their 
Sec. 2. PL 2003, c. 451, Pt. K, §2, sub-§l-A is enacted to read: 
I-A. 
Additional me..~~: appoiDbttents. 
In addition to the 
commission members in subsection 1, the commission includes 2 
members appointed as follows: 
A. 
One member of the Senate appointed by the President of 
the Senate; and 
B. 
One memb~~the House of Representatives appointed by 
the Speaker of the House. 
Appointments must be made pursuant to this subsection no later 
than 15 days following adjournment of the Second Special Session 
of the l2lst Legislature. 
Sec.3. PL 2003, c. 451, Pt. K, §2, sub-§2 is amended to read: 
2. 
Appointments; chair; meetings. 
A±± Except as provided 
in subsection I-A, all appointments must be made no later than 30 
days following the effective date of this Act. 
The Governor 
shall 
appoint 
a 
chair 
from 
among 
the 
membership 
of 
the 
commission, who shall call and convene the first meeting of the 
commission 
no 
later than 
days after appointments 
of all 
members. 
The commission may Re±e-~~~~~-9f-~-~~~-~~-e~ 
wR:ieR--may--B€--a--pub-l~-(;--Rear:iB~ meet as often as necessary to 
complete its final report within authorized resources. 
Sec. 4. PL 2003, c. 451, Pt. K, §2, sub-§6 is amended to read: 
4. 
Staff assistance. 
The 
8~a~e-~~~-Gffiee Department 
of Corrections shall provide staffing assistance. 
Sec. 5. PL 2003, c. 451, Pt. K, §2, sub-§6 is amended to read: 
6. 
Initial 
report 
to 
address 
immediate 
needs. 
The 
commission shall submit --a-
an initial report that includes its 
findings and recommendations, including legislation, to the joint 
standing committee of the Legislature having jurisdiction over 
seB~eBe:iB~--F9~~~&-~-~-~£€--8eeeBe--~~~a~-~~-~~--~Re 
;b;nst;-fA:!~J.6J.a~lolre criminal justice and public safety matters no 
later than geeem&&~-~T-~993 February 2, 2004. 
The commission is 
authorized to introduce legislation related to its report to the 
submission of its report. 
Sec. 6. PL 2003, c. 451, Pt. K, §2, sub-§7 is enacted to read: 
7. 
Authorized duties; nonlapsing funds. 
The commission is 
authorized to conduct 
any additional work 
authorized by 
law 
within its budgeted 
resources. 
Any 
unencumbered 
balance 
of 
General Fund appropriations originally appropriated to support 
the work of the commission that remain on June 30, 2004 wi thin 
the Department of Corrections may not lapse but must be carried 
forward to June 30, 2005 to be used for the same purpose. 
Sec. 7. Final report to address long-term needs. 
The Commission 
to 
Improve 
the 
Sentencing 
Supervision 
Management 
and 
Incarceration of Prisoners that was established in Public Law 
2003, chapter 451, Part K, section 2 shall submit a final report 
to 
address 
long-term 
needs 
that 
includes 
its 
findings 
and 
recommendations, 
including legislation, 
to the joint 
committee of the Legislature having jurisdiction over 
justice 
and public 
safety matters 
during 
the First 
Session of the 122nd Legislature no later than January 1, 
standing 
criminal 
Regular 
2005. 
Sec. 8. 
Retroactivity. 
This 
Act 
applies 
retroactively 
to 
December 3, 2003. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill is the recommendation of the Commission to Improve 
the 
Sentencing, 
Supervision, 
Management 
and 
Incarceration of 
Prisoners, which was created pursuant to Public Law 2003, chapter 
451. 
The bill adds 2 additional legislators to the membership of 
the commission and extends the initial reporting date of the 
commission to February 2, 2004. 
The bill also extends the life 
of the commission to January 1, 
2005, 
authorizing additional 
meetings and a final report, including legislation, to the joint 
standing committee of the Legislature having jurisdiction over 
criminal 
justice 
and 
public 
safety matters. 
The bill also 
authorizes the commission to carry forward any remaining funds 
appropriated in fiscal year 2004-05.