An Act To Improve the Role of Boards of Visitors for State Correctional Facilities
Maine Legislature, Session 122, LD 0417
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, GERZOFSKY, CLUKEY, STRIMLING, BLANCHETTE

Legislative Document 
No. 417 
S.P. 141 
In Senate, January 27,2005 
An Act To Improve the Role of Boards of Visitors for State 
Correctional Facilities 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator DIAMOND of Cumberland. 
Cosponsored by Representative GERZOFSKY of Brunswick and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: CLUKEY of Aroostook, STRIMLING of Cumberland, Representative: 
BLANCHETTE of Bangor. 
Printed on recycled paper 
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B, §159, is repealed and the, following enacted in its place: 
§3002. Boards of visitors 
1. 
Appointment. The Governor shall appoint a board of 5 
visitors for each correctional facility under the department, as 
authorized by Title 5, section 12004-1, 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. 
Each 
member 
of 
the 
boards 
of 
visitors 
must 
be 
compensated according to the provisions of Title 5, chapter 
379. 
E. 
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. 
When a board of visitors 
inspects the correctional facility to which it is assigned, 
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. 
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. 
Boards of visitors may meet jointly. 
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 
Page l-LR0365(1) 
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 officers 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. 
Members of each board 
of visitors may visit the correctional facility to which 
that board is assigned and may speak with clients and with 
staff. 
E. 
Each board of visitors shall share 
copies 
of that 
board's annual report with the other boards. 
3. 
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. 
SUMMARY 
This bill provides 3-year terms for members of boards of 
visitors 
of 
correctional 
facilities 
with 
the 
initial 
terms 
staggered. 
It prohibits 
a 
Legislator or 
an employee of the 
Department of Corrections from serving on a board of visitors. 
It requires the Governor to appoint a chair for each board of 
visitors. 
It 
clarifies 
the 
meeting 
and 
reporting 
responsibilities of the boards of visitors. 
It provides that 
volunteer activities of a member of a board of visitors may be 
prescribed 
by 
departmental 
policies 
regarding 
volunteer 
activities generally.