An Act To-- -Better Coordinate and Reduce the Cost of the Delivery of State and County Correctional Services
Maine Legislature, Session 123, LD 2080
Committee Amendment CA_B_H990 (House)
Amends: 4 MRSA §1057, 5 MRSA §12004-G, 14 MRSA §5545, 30-A MRSA §101, 30-A MRSA §406, 30-A MRSA §701, 30-A MRSA §706-A, 30-A MRSA §709, 30-A MRSA §710, 30-A MRSA §932, 30-A MRSA §1656, 30-A MRSA §1671, 34-A MRSA §1209-A, 34-A MRSA §1210-A, 34-A MRSA §1210-B, 34-A MRSA §1404, 34-A MRSA §1405, 34-A MRSA §3063, 34-A MRSA §3063-A

COMMITTEE AMENDMENT ,,1) " to H.P. 1466, L.D. 2080, Bill, "An Act To-- -
Better Coordinate and Reduce the Cost of the Delivery of State and County Correctional 
Services" 
Amend the bill by inserting before the enacting clause the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the unification of state and county correctional services will require 
concentrated 
planning 
and 
continued 
coordination 
of efforts 
for 
successful 
implementation; and 
Whereas, authorizing the transitional team to meet immediately will contribute to 
this effort and help lay the foundation for the work of the corrections working group and 
the State Board 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, , 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 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. 
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, 
COMMITTEE AMENDMENT 
!ter·} 
t~$~~~" 
<t;~~· 
COMMITTEE AMENDMENT '0" to H.P. 1466, L.D. 2080 
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. 2. 4 MRSA §1057, sub-§3-A is enacted to read: 
3-A. Reimbursement to counties. 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. 3. 5 MRSA §12004-G, sub-§6-C is enacted to read: 
6-C. 
Corrections 
State Board of 
Corrections 
Expenses Only 
34-A MRSA 
illQl 
Sec. 4. 14 MRSA §5545, 2nd" as amended by PL 1999, c. 583, §1; PL 2001, c. 
354, §3 and by 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 anyone or 
more of the sheriffs 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 jailor to a state 
correctional facility under Title W-A 34-A, section ~ 
1405. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'.f;" to H.P. 1466, L.D. 2080 
Sec. 5. 30-A MRSA §101, sub-§6-B is enacted to read: 
6-B. Support the State Board of Corrections. 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 stafffor and expertise to the board. 
Sec. 6. 30-A MRSA §406 is enacted to read: 
§406. Duties of the sheriffs in support of the State Board of Corrections 
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. Consistent with 
the board's determination of facility use and purpose under Title 34-A, section 1803, 
I 
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. The sheriffs may recommend a downsizing 
plan, a plan for capital construction and reinvestment strategies to the board. 
3. 
Uniform policies and procedures. 
The sheriffs may recommend uniform 
policies and procedures for pretrial, revocation and reentry services to the board. 
4. 
Inmates with mental illness. 
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. Within their available resources, the sheriffs shall provide 
support stafffor and expertise to the board. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'f;" to H.P. 1466, L.D. 2080 
Sec. 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. 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 whleh that have accrued or may probably 
accrue for the coming year, including the building and repairing of jails; courthouses and 
appurtenances, with the non correctional 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 non correctional service 
expenditure. -
Sec. 8. 30-A MRSA §701, sub-§2-A is enacted to read: 
2-A. Tax assessment for correctional services. 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 $2,316,666 in Aroostook County; 
C. A sum of$I1,575,602 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$3,018,361 in Lincoln County; 
I. A sum of$I,228,757 in Oxford County; 
1. 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '0" to H.P. 1466, L.D. 2080 
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. 9. 30-A MRSA §701, sub-§2-B is enacted to read: 
2-B. Retirement of fiscal year 2007-08 county jail debt. The counties shaH 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. 10. 30-A MRSA §706-A, sub-§I, as amended by PL 2005, c. 621, §§5 to 7, 
is further amended to read: 
1. Definitions. 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. 
B. 
"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 I, 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 non correctional-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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,0 .. to H.P. 1466, L.D. 2080 
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. 11. 30-A MRSA §709 is enacted to read: 
§709. County correctional services budgets presented to State Board of Corrections 
Notwithstanding any other provision of law, beginning July 1, 200S 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 ~0l!ectional services related expenditure. 
Sec. 12. 30-A MRSA §710 is enacted to read: 
§710. County correctional services budget procedure 
1. Budget growth limitation and proposed budget. At least 6 months before the 
beginning of each state fiscal year, the State Board of Corrections, established in Title 5, 
IS 
section I2004-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. 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 IS03, the board must accept the county commissioners' approval of 
the county's correctional services budget. 
2S 
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 IS03, 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. If a county correctional services 
budget submitted to the board exceeds the growth limitation established under subsection 
or is inconsistent with a directive ofthe 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 
3S 
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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "e" to H.P. 1466, L.D. 2080 
4. Budget adjustment process. 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. 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. 
The property tax assessment for county correctional 
I I 
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. 13. 30-A MRSA §932, sub-§3 is enacted to read: 
3. Change of fiscal year. 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 1 st 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 1 st 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 
I st 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. 14. 30-A MRS A §1557-A, as enacted by PL 1995, c. 647, §5, is repealed. 
Sec. 15. 30-A MRS A §1558, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§ I 06 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed. 
Sec. 16. 30-A MRSA §1656, as amended by PL 2001, c. 458, §2, is repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '8" to H.P. 1466, L.D. 2080 
Sec. 17. 30-A MRS A §1671, sub-§I, as enacted by PL 2007, c. 377, §7, is 
amended to read: 
1. Establishment. Each county, or each county workingjointIy 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." Gftly-a 
county that establishes or partieipates as a member of a eriminal justice planning 
committee may apply for funds from the Community Corrections Incentive Fund 
distributed pursuantto Title 34 A, section 1210 C. 
Sec. 18. 30-A MRS A §1671, sub-§3, as enacted by PL 2007, c. 377, §7, is 
amended to read: 
3. Duties. 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 cofi'si~ent 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 e'laluation of recommended community eorrections 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 Incenti'f'e Fund, established in Title 34 A, section 1210 C, that meets 
standards and community needs as determined by the committee. Upon receipt ofthe 
committee's recommendations, the county commissioners shall forv.'ard 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. 19. 30-A MRSA §1671, sub-§4, as enacted by PL 2007, c. 377, §7, is 
repealed. 
Sec. 20. 30-A MRS A §1671, sub-§S, as enacted by PL 2007, c. 377, §7, is 
repealed. 
Sec. 21. 34-A MRSA §1209-A, sub-§2,~, 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 0" to H.P. 1466, L.D. 2080 
I 
Sec. 22. 34-A MRSA §1209-A, sub-§2, ~, as enacted by PL 2007, c. 377, §8, is 
amended to read: 
1. A representative of a statewide organization for victims of crime appointed by the 
Govemor7; and 
Sec. 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. 24. 34-A MRS A §1209-A, sub-§5, as enacted by PL 2007, c. 377, §8, is 
amended to read: 
5. Duties. 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; 
1 
C. 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 fUl'ld applicants, receive and revie',.., 
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 il'l section 1210 C, al'ld recommend changes or 
modifications to the use of these funds as necessary; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "0" to H.P. 1466, L.D. 2080 
I 
1. Review laws and policies and monitor proposed legislation and policies that affect 
the state and county criminal justice and correctional systems aHd ; 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. 25. 34-A MRSA §1210-A, as amended by PL 2007, c. 377, §§9 to 11, is 
further amended to read: 
§1210-A. Community corrections 
1. Definitions. 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. 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. 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%; 
COMMITTEE AMENDMENT 
"\, 
1 
COMMITTEE AMENDMENT "~,, to H.P. 1466, L.D. 2080 
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. 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 jailor 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. 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "0,, to H.P. 1466, L.D. 2080 
6. Report. Beginning January 15, 1999 and annually thereafter, each county shall 
submit a '>witten report to the joint standing committee of the Legislature having 
jurisdiction over corrections and criminal justice matters. Reports must inclHde 
descriptiofts of each couRty's commuftity corrections programs and aft accouftting of 
expenditures for its commuRity corrections. 
7. Teehnieal assistanee. The commissioner shall provide technical assistance to 
cOHnties and county advisory groups to aid them in the planning aRd development of 
community correctioRs. 
8. Review. By July 1,2001, the joint standing committee of the Legislature having 
jurisdictioR o,,'er corrections and criminal jHstice matters shall revie'"" the COHnt)' Jail 
PrisoRer Support and CommHnity Corrections FHnd and its purpose and functions. 
9. Surcharge imposed. 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 
p~nlllty 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. E)wept 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. The first $23,658 collected under sHbsection 9 after the 
effective date of this subsection mHst be transferred to the Judicial Department to coyer 
the costs of implementing the collection of sHrcharges. 
11. Repeal. This section is repealed July 1,2,00.8 2009. 
Sec. 26. 34-A MRSA §1210-B, as amended by PL 2007, c. 539, Pt. SSS, § 1, is 
repealed. 
Sec. 27. 34-A MRS A §1210-C, as enacted by PL 2007, c. 377, §13, is repealed. 
Sec. 28. 34-A MRSA §1404 is enacted to read: 
§1404. 
Duties and powers of the commissioner in support of State Board of 
Corrections 
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. 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "b" to H.P. 1466, L.D. 2080 
I 
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. Daily reporting to the department by county jails of: 
cn 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 
II 
B. Regular consultation with sheriffs. 
2. 
Unified correctional system plan. 
The commissioner may recommend a 
downsizing plan and reinvestment strategies to the board. 
3. Uniform policies and procedures. The commissioner may recommend uniform 
practices for pretrial, revocation and reentry services to the board. 
4. Inspections and investigation. The commissioner shall inspect county facilities 
consistent with sections 1208 and 1208-A. 
5. Inmates with mental illness. 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. 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. 29. 34-A MRSA §1405 is enacted to read: 
§1405. Transfer from county jails or correctional facilities 
1. Transfer. 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. 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 jailor 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "i?J .. to H.P. 1466, L.D. 2080 
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 jailor 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. The commissioner may return an inmate transferred pursuant 
to this section back to the sending facility. 
Sec. 30. 34-A MRS A c. 1, sub-c. 5 is enacted to read: 
SUBCHAPTER 5 
STATE BOARD OF CORRECTIONS 
§1801. 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. 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. 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. 
§1802. Board membership 
1. Appointments. 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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "8,, to H.P. 1466, L.D. 2080 
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 
J 0 
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. 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 
J 5 
replacement is appointed and confirmed. A vacancy must be filled for the remainder of 
J 6 
the unexpired term. Members may be reappointed. 
3. Chair. The board shall select a chair from among its membership. A chair may 
serve as chair for more than one term. 
4. Compensation. Members of the board are entitled to compensation according to 
the provisions of Title 5, section 12004-G, subsection 6-C. 
5. 
Assistance. 
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. 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. 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. All meetings and records of the board are subject to the 
provisions of Title 1, chapter 13. 
§1803. Board responsibilities and duties 
The board is charged with the following responsibilities and duties. 
1. Manage the cost of corrections. 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1466, L.D. 2080 
C. Establish boarding rates for the unified correctional system, except boarding rates 
for federal inmates. 
2. Determine correctional facility use and purpose. 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. 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. 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. The board shaH: 
A. Identity 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 12004-1, 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'l3J" to H.P. 1466, L.D. 2080 
I 
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 
I 0 
board may make allocations for these purposes only upon written request of the 
II 
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 
IS 
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. 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. 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. 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. 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 oflaw. 
10. Reporting. The board shall make initial reports to the ioint standing committee 
of the Legislature having jurisdiction over criminal justice and public safety matters by 
January 15, 2009 and by April I, 2009. 
Thereafter, the board shall report at least 
annually, beginning January 15, 2010, and as requested. 
Reports must include any 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "er to H.P. J466, L.D. 2080 
recommendations for amending laws relating to the unified correctional system or the 
board. 
11. Committee review. 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. 
§1804. Corrections working group 
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 ofthe department, sheriffs and cOIlJlN,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. 
§1805. State Board of Corrections Investment Fund 
1. Fund established. 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. 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 offund. 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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" £)" to H.P. 1466, L.D. 2080 
I 
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. 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. 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. 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. 
§1806. Community corrections funds distributed by board 
1. Definitions. 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 
I 
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. 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. 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 12)" to H.P. 1466, L.D. 2080 
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%; 
1. Oxford: 4.7%; 
J. Penobscot: 13.7%; 
K. Piscataquis: l.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. 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. 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. 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "b" to H.P. 1466, L.D. 2080 
I 
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 
I I 
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 
L 
7. Surcharge imposed. 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 
I 
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 jailor 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. This section takes effect July 1, 2009. 
Sec. 31. 34-A MRSA §3063, as amended by PL 1999, c. 583, § 14, is repealed. 
Sec. 32. 34-A MRSA §3063-A, as amended by PL 1997, c. 464, § 13, is repealed. 
Sec. 33. Boarding rates for state prisoners in county jails. The boarding rate 
1 
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. 34. 
Staggered terms and chair. 
Notwithstanding the Maine Revised 
I 
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 I, paragraph E to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "0,, to H.P. 1466, L.D. 2080 
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. 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. 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 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 deverop a temporary transitional team to develop the memorandum of 
understanding and begin working on necessary issues in preparation of the corrections 
working group. 
Sec. 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. 38. Fund for a Healthy Maine account. If the Legislature appropriates in 
any biennial or supplemental budget an amount for the County Jail Prisoner Support and 
Community Corrections Fund established in the Maine Revised Statutes, Title 34-A, 
section 1806 that is less than the amount appropriated for the County Jail Prisoner 
Support and Community Corrections Fund under Title 34-A, section 1210-A in fiscal 
year 2007-08, then the Legislature shall allocate funds to the State Board of Corrections 
Investment Fund established in Title 34-A, section 1805 sufficient to make up the 
difference from the Fund for a Healthy Maine, notwithstanding the provisions of Title 22, 
section 1511, subsection 6. 
Sec. 39. 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "0" to H.P. 1466, L.D. 2080 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
State Board of Corrections Investment Fund N048 
2007-08 
$0 
$0 
2008-09 
$1,046,562 
$1,046,562 
Initiative: Provides funds to board approximately 100 inmates in various county jails. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
II 
State Board of Corrections Investment Fund N048 
2007-08 
$0 
$0 
Initiative: Provides funds for expenses of the State Board of Corrections. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
FUND FOR A HEALTHY MAINE 
DEPARTMENT TOTAL-ALL FUNDS 
2007-08 
$0 
$0 
2007-08 
$0 
$0 
$0 
2008-09 
$772,340 
$772,340 
2008-09 
$20,000 
$20,000 
2008-09 
$792,340 
$1,046,562 
$1,838,902 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the minority report, is the same as the majority report, 
except that it includes a provision that ensures that if the Legislature appropriates in any 
biennial or supplemental budget an amount for the County Jail Prisoner Support and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B " 
to H.P. 1466, L.D. 2080 
Community Corrections Fund established in the Maine Revised Statutes, Title 34-A, 
section 1806 that is less than the amount appropriated for the County Jail Prisoner 
Support and Community Corrections Fund under Title 34-A, section 1210-A in fiscal 
year 2007-08, then the Legislature shall allocate funds to the State Board of Corrections 
Investment Fund established in Title 34-A, section 1805 sufficient to make up the 
difference from the Fund for a Healthy Maine, notwithstanding the provisions of Title 22, 
section 1511, subsection 6. 
The amendment adds emergency preamble and creates the State Board of Corrections 
whose purpose is to develop and implement a unified correctional system. The State 
Board of Corrections is directed to work with the counties, the Department of 
Corrections, the Legislature and other stakeholders and interested parties in the criminal 
justice system to coordinate and oversee a cost-efficient correctional system within the 
State that promotes and supports the use of evidence-based practices. Specifically the 
State Board of Corrections duties include the following. 
The board is directed to devetop benchmarks for performance in recidivism 
reduction, pretrial diversion and the rate of incarceration. The board is also charged with 
managing the cost of corrections by developing a plan to achieve systemic cost savings 
and cost avoidance throughout the unified correctional system with the goal of operating 
efficient correctional services, evaluating and determining correctional facility use and 
purpose, adopting treatment standards and policies and reviewing and approving any 
future public or private construction projects after establishing a certificate of need 
process governed by the Legislature'S major substantive rule process. 
The board shall also identify opportunities for and approve cost-saving agreements 
and efficiencies. 
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. In its work, the board shall 
consult with the existing entities, including the State Sentencing and Corrections 
Practices Coordinating Council, and use recent research and reports, including those 
issued by the Corrections Alternative Advisory Committee. 
The board shall assist correctional facilities and county jails where appropriate to 
I 
establish, achieve and maintain professional correctional accreditation standards; 
administer the County Jail Prisoner Support and Community Corrections Fund 
established in the Maine Revised Statutes, Title 34-A, section 1806 and the State Board 
of Corrections Investment Fund established in Title 34-A, 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 jail. The board may make allocations for these purposes only upon written 
request ofthe Commissioner of Corrections or a county. 
The board shall prepare and submit to the Governor a budget for the State Board of 
Corrections Investment Fund 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. 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "0" to H.P. 1466. L.D. 2080 
The board receives and reviews recommendations submitted by the Commissioner of 
Corrections, counties, the corrections working group 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 shaIl 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. 
The board does not have authority to exercise jurisdiction over inmate grievances, 
labor negotiations or contracts, including personnel rules negotiated as part of any 
coIlective bargaining agreement, or any aspect of the operation of juvenile facilities or the 
administration of juvenile community corrections services. 
If a county or the Department of Corrections is aggrieved by a final decision of the 
board, the county or the department is entitled to judicial review pursuant to Title 5, 
section 11001, and any review must be limited to errors of law. 
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. 
The joint 
standing committee shaIl 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. 
In addition to establishing the State Board of Corrections, the amendment directs the 
sheriffs, the county commissioners and the Commissioner of Corrections to work together 
and in support of the State Board of Corrections by communicating to manage jail and 
prison capacity and offender placement and by recommending uniform policies and 
procedures. The Commissioner of Corrections is responsible for the daily management 
of inmate bed space throughout the unified correctional system and shall develop a 
process for information sharing between the state correctional facilities and the county 
jails. 
The amendment separates noncorrectional services from correctional services for 
purposes of preparation of the county budgets. 
The amendment sets a cap on tax 
assessments for correctional services for each county, so that the assessment to 
municipalities within each county may not be greater than the fiscal year 2007-08 county 
assessment for correctional-related expenditures. 
The amendment also directs the 
counties to 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 the 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 the municipalities. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·0 " 
to H.P. 1466, L.D. 2080 
At least 6 months before the beginning of each fiscal year, the State Board of 
Corrections 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. The board shall review each county correctional services budget 
and if the county correctional services budget submitted to the board does not exceed the 
growth limitation established by the board and is consistent with board directives under 
Title 34-A, section 1803, the board shall accept the county commissioners' approval of 
the county's correctional services budget. 
If the county correctional services budget 
submitted exceeds the growth limitation established by the board or is inconsistent with 
board directives, the board shall further review, amend and adopt a correctional services 
budget for the county. 
If a county correctional services budget submitted to the board exceeds the growth 
limitation established or is inconsistent with a directive of the board, the board shall 
further review the proposed budget together with any suppl~JIl~ntary 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 and shall hold a hearing if the 
county requests a hearing. 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 Title 
30-A, section 701, subsections 2-A and 2-B, equal the total estimated expenditures. After 
review of a county correctional services budget submitted to the board, a hearing, if 
necessary, and the adjustment process, the board shall adopt a final correctional services 
budget for the county and transmit that budget to the county commissioners. 
The property tax assessment for county correctional services expenditures as defined 
in Title 30-A, section 701, subsection 2-A, and the county jail debt assessment 
established in Title 30-A, 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 authorized, apportioned and collected. 
I 
The amendment also provides counties an opportunity for one-time borrowing, if a 
county chooses to amend its fiscal year. County commissioners in a county that is 
changing from a January to December fiscal year to a July to June fiscal year 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. 
The amendment requires that the County Jail Prisoner Support and Community 
Corrections Fund pursuant to Title 34-A, section 12l0-A be distributed to the counties 
using the existing process for fiscal year 2008-09. The appropriation may be no less than 
the appropriation for fiscal year 2007-08. 
Beginning July 1, 2009, the board shall 
administer the County Jail Prisoner Support and Community Corrections Fund, using the 
current distribution schedule and procedures described in Title 34-A, section 1210-A. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,0" to H.P. 1466, L.D. 2080 
The amendment also creates the State Board of Corrections Investment Fund, which 
is an enterprise fund that may be expended only to compensate county governments and 
the Department of Corrections for costs approved by the board and the Legislature. The 
State Controller shall credit to the fund 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; any net county 
assessment revenue in excess of county jail expenditures in counties where changes in jail 
operations pursuant to board directives have reduced jail expenses; funds appropriated by 
the Legislature; money from any other source, whether public or private, designated into 
or credited to the fund; and interest earned or other investment income on balances in the 
fund. 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. 
The amendment establishes a corrections working group consisting of representatives 
of the department, sheriffs and county commissioners. The commissioner 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 a memorandum of understanding. The 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. 
The amendment establishes temporary boarding rates for state prisoners in county 
jails. The boarding rate charged to the Department of Corrections for housing state 
1 
prisoners in the following county jails for the fiscal year 2008-09 may not be greater on a 
daily basis than $20 in Cumberland County jail; $21.16 in York County jail; and $21.16 
in Somerset County jail. 
The Commissioner of Corrections may also negotiate 
agreements with other counties to board state prisoners at other county jails at marginal 
rates as agreed upon with those counties. The temporary boarding rates are repealed July 
1,2009. 
The amendment specifies that nothing in the legislation 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 
Title 34-A, section 1803, subsection 2, paragraph C remains the property of the State or 
county, respectively. 
The amendment also establishes an operating reserve account within the State Board 
of Corrections Investment Fund for county jail budget growth during the counties' 2009-
fiscal year. The Commissioner of Corrections shall submit a plan to the Governor and 
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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "f!J "to H.P. 1466, L.D. 2080 
Investment Fund in a supplemental or biennial budget bill authorizing appropriations and 
allocations for the 2009-10 fiscal year. 
The amendment also corrects cross-references. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04110/08 
~ac:.. 
LD 2080 
LR 2952(03) 
An Act To Better Coordinate and Reduce the Cost of the Delivery of State and County Correctional 
Services 
Fiscal Note for Bill as Amended by Committee Amendment ,,6 " 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Fund for a Healthy Maine 
Appropriations/Allocations 
General Fund 
Fund for a Healthy Maine 
State Mandates 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Funded 
2007-08 
$0 
$0 
$0 
$0 
2008-09 
$792,340 
$1,046,562 
$792,340 
$1,046,562 
Projections 
2009-10 
$1,500,000 
$1,046,562 
$1,500,000 
$1,046,562 
Required Activity 
Unit Affected 
Modifies the operations of the county jails. The established cap on county tax 
County 
assessments for correctional expenditures will shift additional costs to the State and 
is intended to fund 90% of the add itional local costs. 
Fiscal Detail and Notes 
Projections 
2010-11 
$0 
$1,046,562 
$0 
$1,046,562 
Costs 
Unknown 
This bill creates a unified correctional system and establishes a State Board of Corrections to manage both the county 
jails and state correctional facilities in cooperation with the county sheriffs and county commissioners and the 
Department of Corrections. 
This bill adds new requirements on counties and may significantly modify the operation of the county jails. Some of 
these additional requirements and modifications may require additional county expenditures. Because this bill 
establishes a cap on county tax assessments for correctional services with the State funding the remainder of the 
additional costs of this coordinated correctional system, the State is providing funding sufficient to fund more than 
90% of the additional county costs associated with this mandate. 
LR2952(03) - Fiscal Note - Page 1 of2 
This bill establishes a new enterprise fund within the Department of Corrections called the State Board of Corrections 
Investment Fund to compensate county governments and the department for approved costs and to credit the fund with 
specified efficiency savings. The State Board of Corrections will establish growth limitations for correctional services 
expenditures. Any net county jail assessments in excess of net county jail appropriations resulting from efficiencies or 
downsized facilities will accrue to the fund. 
The cap on county assessments, based on a 5% assumed growth rate of county jail costs, represents a shift of costs 
from the counties to the State. The estimated additional state costs are approximately $3.1 million in fiscal year 2008-
09, $6.4 million in fiscal year 2009-10 and $9.8 million in fiscal year 20 I 0-11. These additional costs are partially 
offset by a negotiated reduction of rates for boarding state prisoners at county jails. Under the direction of the State 
Board of Corrections, efficiencies will generate net additional savings beginning in fiscal year 2009-10. Based on 
estimates developed by the Department of Corrections and the State Planning Office, these savings are projected to be 
roughly $12.2 million in fiscal year 2009-10 and $13.3 million in fiscal year 2010-11. 
The actual amount of the revenue accruing to the State Board of Corrections Investment Fund and the expenditures 
from the fund can not be established at this time. 
Beginning in fiscat-ye1lr 2009-10, revenue from a fine surcharge accruing as dedicated revenue to the Government 
Operations Surcharge Fund, currently budgeted at $262,016 per year, will accrue to the new enterprise fund. 
This bill requires the Commissioner of Corrections to submit a plan for the inclusion of a $1,500,000 General Fund 
appropriation to the operating reserve account of the State Board of Corrections Investment Fund for fiscal year 2009-
10. 
The actual amount of the revenue accruing to the State Board of Corrections Investment Fund and the expenditures 
from the fund can not be established at this time and will vary depending on the plan adopted by the board for the 
unified state and county correctional system. 
This bill also includes General Fund appropriations for the following: 
1. $772,340 in fiscal year 2008-09 to the State Board of Corrections Investment Fund account within the Department 
of Corrections to provide funds to board approximately 100 inmates in various county jails. 
2. $20,000 in fiscal year 2008-09 to the State Board of Corrections Investment Fund account within the Department of 
Corrections to provide funds for expenses for the State Board of Corrections. 
This bill also includes an allocation from the Fund for a Healthy Maine of $1 ,046,562 in fiscal year 2008-09 to the 
County Jail Prisoner Support and Community Corrections Fund account within the Department of Corrections to 
restore the amount appropriated for this program up to the level provided in fiscal year 2007-08. 
LR2952(03) - Fiscal Note - Page 2 of 2