An Act To Implement the Recommendations of the Corrections Alternatives Advisory Committee
Maine Legislature, Session 123, LD 1895
Committee: Criminal Justice and Public Safety
Amends: 4 MRSA §116, 4 MRSA §163, 15 MRSA §1026, 30-A MRSA §1658, 34-A MRSA §1209-A, 34-A MRSA §1210-A, 34-A MRSA §1210-B, 34-A MRSA §1210-C, 34-A MRSA §1214

Legislative Document 
No.IS9S 
H.P.1327 
House of Representatives, May 4, 2007 
An Act To Implement the Recommendations of the Corrections 
Alternatives Advisory Committee 
Reported by Representative GERZOFSKY of Brunswick for the Department of Corrections 
pursuant to Public Law 2005, chapter 667. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Print<d on recycled paper 
1J1~/J7.~ 
MilLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §116, first~, as repealed and replaced by PL 2003, c. 20, Pt. R, 
§ 1 and affected by § 10, is amended to read: 
All revenue received by the Supreme Judicial or Superior Court, whether directly or 
pursuant to an agreement entered into with the Department of Administrative and 
Financial Services, Bureau of Revenue Services, from fines, forfeitures, penalties, fees 
and costs accrues to the State, except as otherwise provided under section 1057; Title 7, 
section 3910-A; Title 12, sections 3055 and 4508; Title 17, section 1015; Title 23, section 
1653; Title 29-A, section 2602; and former Title 34-A, section 1210-A, subsection 9; and 
Title 34-A, section 1210-B, subsection 6. 
Sec. 2. 4 MRSA §163, sub-§I, as repealed and replaced by PL 2003, c. 20, Pt. R, 
§2 and affected by §10, is amended to read: 
1. District Court funds. Except as otherwise provided by law, all fines, forfeitures, 
surcharges, assessments and fees collected in any division of the District Court or by the 
violations bureau must be paid to the clerk of that District Court, who shall deposit them 
in a special account in a timely manner. Once each month, the clerk shall remit the sums 
to the Treasurer of State, who shall credit them to the General Fund. At the same time, 
the clerk shall remit the sums that have been collected in accordance with section 1057; 
Title 5, chapter 316-A; Title 7, section 3910-A; Title 17, section 1015; Title 29-A, section 
2411, subsection 7; and former Title 34-A, section I21O-A, subsection 9; and Title 34-A, 
section I210-B, subsection 6. Funds received by the clerk as bail in criminal cases must 
be deposited daily in a special account. The clerk shall deposit the funds in an interest-
bearing account unless the clerk determines that it is not cost-effective to do so. Interest 
accrued in the account is the property of and accrues to the State. The forfeiture and 
setoff of bail is governed as otherwise provided by law. 
The court shall file a monthly report with the State Auditor itemizing the amount of fines, 
surcharges and assessments imposed and to whom each is payable. 
Sec. 3. 5,M·B.SA §12004-I, sub-§74-E is enacted to read: 
74-E. 
Sentencing 
State Sentencing 
and Corrections 
Practices 
Coordinating 
Council 
Expenses Only 
34-AMRSA 
§ I209-A 
Sec. 4. 15 MRSA § 1 026, sub-§2, as amended by PL 2001, c. 252, § 1, is further 
amended to read: 
2. 
Release on personal recognizance or unsecured appearance bond. 
The 
judicial officer shall order the pretrial release of the defendant on personal recognizance 
or upon execution of an unsecured appearance bond in an amount specified by the 
judicial officer, unless, after consideration of the factors listed in subsection 4, the judicial 
officer detennines that the release will compromise the safety of the community, will not 
reasonably ensure the appearance of the defendant as required or will not otherwise 
reasonably ensure the integrity of the judicial process. 
Sec.S. 15 MRSA §1026, sub-§3, as amended by PL 2005, c. 449, §1, is further 
amended to read: 
3. Release on conditions. Conditions that will reasonably ensure the safety of the 
community, the appearance of the defendant and eRffiH'tl the integrity of the judicial 
process must be imposed as provided in this subsection. 
lOA. If, after consideration of the factors listed in subsection 4, the judicial officer 
detennines that the release described in subsection 2 will not reasonably ensure the 
safety of the community or the appearance of the defendant as required or will not 
otherwise reasonably ensure the integrity of the judicial process, the judicial officer 
shall order the pretrial release of the defendant subject to the least restrictive further 
condition or combination of conditions that the judicial officer detennines will 
reasonably ensure the safety of the community and the appearance of the defendant as 
required and will otherwise reasonably ensure the integrity of the judicial process. 
These conditions may include that the defendant: 
(1) Remain in the custody of a designated person or organization agreeing to 
supervise the defendant, including a public official, public agency or publicly 
funded organization, if the designated person or organization is able to 
reasonably ensure both the appearance of the defendant as required and the 
integrity of the judicial process. When feasible, the judicial officer shall impose 
the responsibility upon the defendant to produce the designated person or 
organization. 
The judicial officer may interview the designated person or 
organization to ensure satisfaction of both the willingness and ability required. 
The designated person or organization shall agree to notify immediately the 
judicial officer of any violation of release by the defendant; 
(2) Maintain employment or, if unemployed, actively seek employment; 
(3) Maintain or commence an educational program; 
(4) Abide by specified restrictions on personal associations, place of abode or 
travel; 
(5) Avoid all contact with a victim of the alleged crime, a potential witness 
regarding the alleged crime or with any other family or household members of 
the victim or the defendant or to contact those individuals only at certain times or 
under certain conditions; 
(6) Report on a regular basis to a designated law enforcement agency or other 
governmental agency; 
(7) Comply with a specified curfew; 
(8) Refrain from possessing a firearm or other dangerous weapon; 
(9) Refrain from use or excessive use of alcohol and from any use of drugs; 
(10) Undergo, as an outpatient, available medical or psychiatric treatment, or 
enter and remain, as a voluntary patient, in a specified institution when required 
for that purpose; 
(10-A) Enter and remain in a long-term residential facility for the treatment of 
substance abuse; 
(11) Execute an agreement to forfeit, upon failing to appear as required, such 
designated property, including money, as is reasonably necessary to ensure the 
appearance of the defendant as required and to ensure the integrity of the judicial 
process and post with an appropriate court such evidence of ownership of the 
property or such percentage of the money as the judicial officer specifies; 
(12) Execute a bail bond with sureties in such amount as is reasonably necessary 
to ensure the appearance of the defendant as required and to ensure the integrity 
of the judicial process; 
(13) Return to custody for specified hours following release for employment, 
schooling or other limited purposes; 
(14) Report on a regular basis to the defendant's attorney; 
(15) Notify the court of any changes of address or employment; 
(16) 
Provide to the court the name, address and telephone number of a 
designated person or organization that will know the defendant's whereabouts at 
all times; 
(17) Inform any law enforcement officer of the defendant's condition of release 
if the defendant is subsequently arrested or summoned for new criminal conduct; 
and 
(18) Satisfy any other condition that is reasonably necessary to ensure the safety 
of the community and the appearance of the defendant as required and to 
otherwise reasonably ensure the integrity of the judicial process. 
B. 
The judicial officer may not impose a financial condition that, either alone or in 
combination with other conditions of bail, is in excess of that reasonably necessary to 
ensure the safety of the community and the appearance of the defendant as required 
or to otherwise ensure the integrity of the judicial process. 
C. 
Upon motion by the attorney for the State or the defendant and after notice and 
upon a showing of changed circumstances or upon the discovery of new and 
significant information, the court may amend the bail order to relieve the defendant 
of any condition of release, modify the conditions imposed or impose further 
conditions authorized by this subsection as the court determines will reasonably 
ensure the safety of the community and the appearance of the defendant as required 
and will otherwise reasonably ensure the integrity of the judicial process. 
Sec. 6. 30-A MRSA §1658, 2nd~, as amended by PL 1999, c. 127, Pt. A, §44, is 
further amended to read: 
The county commissioners may purchase, lease, contract or enter into agreements for 
the use of facilities to house minimum security prisoners who have been sentenced to the 
county jail. These prisoners must be involved in restitution, work or educational release, 
or rehabilitative programs. The funds to purchase, lease or contract for these facilities 
and to provide any programs in these facilities may be taken from the funds received by 
the counties pursuant to former Title 34-A, section 121O-A and Title 34-A, section 1210-
~. Any facilities used to house prisoners pursuant to the authority granted by this section 
are subject to standards established by the Department of Corrections pursuant to Title 
34-A, section 1208-A. 
Sec. 7. 30-A MRSA c. 13, sub-c. 5 is enacted to read: 
SUBCHAPTER 5 
CRIMINAL JUSTICE PLANNING COMMITTEES 
§1671. Criminal justice planning committees 
1. Establishment. Each county, or each county working jointly with another county 
or other counties or with the Department of Corrections, shall establish a local criminal 
justice planning committee, referred to in this subchapter as "the committee." 
2. Membership. Each committee is composed of representatives of various criminal 
justice stakeholder groups, including, but not limited to: 
A. County commissioners; 
B. Judges; 
C. Prosecutors; 
D. Sheriffs; 
E. Jail administrators; 
F. Adult probation officers; 
G. State and municipal law enforcement officers; 
H. Defense attorneys; 
I. The courts; 
J. Victim advocates; and 
K. Members of the public. 
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 consistent with the purposes of the 
State Sentencing and Corrections Practices Coordinating Council established in Title 
34-A, section 1209-A; 
B. Regularly assessing county correctional needs and determining what community 
correctional programs best meet those needs; 
C. 
Establishing policy and directing the planning, funding, development, 
implementation and evaluation of recommended community corrections programs 
determined to meet the intent of the State Sentencing and Corrections Practices 
Coordinating Council, established in Title 34-A, section 1209-A, and the principles 
of evidence-based correctional practices; 
D. 
Receiving, reviewing and submitting to the county commISSIOners any 
applications for a grant for a community corrections initiative from the Community 
Corrections Incentive Fund, established in Title 34-A, section l21O-C, that meets 
standards and community needs as determined by the committee. Upon receipt of the 
committee's recommendations, the county commissioners shall forward the grant 
application to the State Sentencing and Corrections Practices Coordinating Council, 
established in Title 34-A, section 1209-A; and 
E. Monitoring and overseeing community corrections investments and programming, 
tracking outcomes and making necessary recommendations for change to ensure 
efficient and effective evidence-based community corrections programming. 
4. Reports. Each county shall establish a dedicated county community corrections 
program account to account for the use of all funds received from the State pursuant to 
this section. 
Each county shall report to its committee on the use of community 
corrections funds and each committee in tum shall report on the use of community 
corrections funds to the State Sentencing and Corrections Practices Coordinating Council, 
established in Title 34-A, section 1209-A. 
Sec. 8. 34-A MRSA §1209-A is enacted to read: 
§1209-A. State Sentencing and Corrections Practices Coordinating Council 
1. 
Council established. 
The State Sentencing and Corrections Practices 
Coordinating Council, established in Title 5, section 12004-1, subsection 74-E and 
referred to in this section as "the council," is created for the purpose of conducting 
continuous study and coordination of corrections and sentencing practices. The council 
shall promote the use of the most effective criminal interventions necessary to protect 
public safety, administer punishment and rehabilitate offenders; enhance and increase 
support of state and county partnerships in the management of offenders; and promote 
and support the use of evidence-based correctional practices for managing the risks and 
needs of offenders and pretrial defendants. 
2. Membership. The council is composed of the following members: 
A. 
The commissioner 
and 2 state corrections officials designated by the 
commissioner; 
B. A representative of a statewide association of county commissioners nominated 
by the association and appointed by the Governor; 
C. A representative of a statewide association of county sheriffs nominated by the 
association and appointed by the Governor; 
D: A representative of a statewide association of county jails nominated by the 
association and appointed by the Governor; 
E. 
A representative of a statewide association of prosecutors nominated by the 
association and appointed by the Governor; 
F. 
A representative of a statewide association of criminal defense attorneys 
nominated by the association and appointed by the Governor; 
G. A municipal representative appointed by the Governor; and 
H. A representative of a statewide organization for victims of crime appointed by the 
Governor. 
The Governor also shall ask the Chief Justice of the Supreme Judicial Court to serve as or 
to name a designee to serve as a member of the council and to appoint one trial judge or 
another designee to serve as a member of the council. 
3. Chair; terms; vacancies. The Governor shall appoint a member to serve as chair. 
Members of the council serve for terms of 2 years and may be reappointed. If a member 
cannot serve for any reason, the vacancy for the member's unexpired term must be filled 
by the appointing authority. 
7 
4. Meetings. The council shall meet at least 4 times a year and keep minutes and 
records of the meetings. By January 15th of each year, the council shall submit a report 
of its activities for the preceding year to the joint standing committee of the Legislature 
having jurisdiction over criminal justice and public safety matters. 
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; 
G. Monitor and evaluate the use of community corrections funds by the counties and 
make recommendations for the use and allocation of these funds as necessary; 
H. Regarding the Community Corrections Incentive Fund established in section 
1210-C, provide standards and guidance to fund applicants, receive and review 
applications for grants from the fund, approve applications that meet the standards 
and administer the grants; 
I. 
Monitor and evaluate the use of awards from the Community Corrections 
Incentive Fund, established in section 121O-C, and recommend changes or 
modifications to the use ofthese funds as necessary; 
J. Review laws and policies and monitor proposed legislation and policies that affect 
the state and county criminal justice and correctional systems and make 
recommendations to the legislative, executive and judicial branches regarding these 
proposals; and 
K. Identify current and proposed policies that unnecessarily burden the criminal 
justice and correctional systems and develop recommendations to appropriately 
remedy these burdens. 
6. Report. At the beginning of the first regular session of each Legislature and no 
later than January 15th, the council shall submit a report to the joint standing committee 
of the Legislature having jurisdiction over criminal justice and public safety matters and 
to the Governor. 
The report must include recommendations and any necessary 
implementing legislation with resrcc. (0 matters related to the council's duties and 
accomplishments, including recommendations on state compliance. 
7. Departmental duties and powers. The duties and powers of the department with 
regard to this section are as follows. 
A. The department shall serve as the fiscal agent of the council. 
B. The department may contract for and employ staff members, subject to approval 
of the council, to assist in the research, administration and delivery of services 
required in connection with the duties of the council. 
C. 
The department may accept funds from the Federal Government, from any 
political subdivision of the State or from any individual, foundation or corporation 
and may expend those funds for purposes consistent with this section. 
D. The department shall provide tecpnical assistance to counties and criminal justice 
planning committees, as established in Title 30-A, section 1671, to aid them in the 
planning and development of community corrections. 
8. Funds not to lapse. Funds appropriated to carry mit the purposes of this section 
do not lapse but must be carried forward from year to year. 
9. Reimbursement of expenses. The members of the council must be compensated 
according to the provisions of Title 5, chapter 379. 
Sec. 9. 34-A MRSA §1210-A, sub-§1, ~A, as enacted by PL 1997, c. 753, §2, is 
amended to read: 
A. 
"Community corrections" means the delivery of correctional services for 
juveniles or 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 er 
adjudicated delinquents. 
Sec. 10. 34-A MRSA §1210-A, sub-§5, as repealed and replaced by PL 2003, c. 
711, Pt. A, §20 and affected by Pt. D, §2, is amended to read: 
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 or juvenile 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. 
Sec. 11. 34-A MRSA §1210-A, sub-§l1 is enacted to read: 
11. Repeal. This section is repealed July 1, 2008. 
Sec. 12. 34-A MRSA §1210-B is enacted to read: 
§1210-B. Community Corrections Fund and County Jail Prisoner Support Fund 
1. Establishment of Community Corrections Fund. The Community Corrections 
Fund is established for the purpose of providing state funding for establishing and 
maintaining community corrections. 
For purposes of this subsection, "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. Twenty percent of the funds collected from surcharges under Title 4, section 
1057 that are appropriated pursuant to subsection 3 must be dedicated to the purpose of 
community corrections and deposited in the Community Corrections Fund. 
2. 
Establishment of County Jail Prisoner Support Fund. 
The County Jail 
Prisoner Support 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. Eighty percent of the funds collected from surcharges under Title 4, section 1057 
that are appropriated pursuant to subsection 3 must be dedicated to the purpose of 
subsidizing the counties' costs of the support of prisoners detained or sentenced to county 
jails and deposited in the County Jail Prisoner Support Fund. 
3. Distribution. Beginning July 1, 2008 and annually thereafter, the department 
shall distribute to the counties amounts to be dedicated to the Community Corrections 
Fund under subsection 1 and to the County Jail Prisoner Support Fund under subsection 
2. 
The department shall distribute amounts to each county based on each county's 
percentage of statewide jail inmate days, which must be calculated for the last fiscal year 
for which data is available. If a county's percentage results in a lower subsidy than it 
received pursuant to former section 1210-A, that county may not receive a reduction. If 
. the county's percentage results in a subsidy higher than it received pursuant to former 
section 121 O-A, that county must receive an increase in funding in proportion to available 
funding to move the entire county jail system toward greater equity. 
4. 
Cost-of-Iiving adjustment for equitable distribution. In addition to funds 
received pursuant to subsection 3, a 3% cost-of-living adjustment on the annual 
appropriation for the community corrections county jail prisoner support funds must be 
dedicated to the County Jail Prisoner Support Fund until each county has achieved the 
appropriate subsidy in this fund based on its percentage of statewide jail inmate days. 
Once equity has been achieved, the cost-of-living adjustment must be distributed between 
the Community Corrections Fund and County Jail Prisoner Support Fund pursuant to 
subsections 1 and 2. 
5. County community corrections fund. Each county treasurer shall place the 
funds received from the department pursuant to subsection 1 into a separate community 
fund. 
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 collection of 
surcharges pursuant to Title 4, section 1057, the department shall require that county to 
submit appropriate documentation to the State Sentencing and Corrections Practices 
Coordinating Council established in section 1209-A 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. 
The 
department shall distribute the 20% not distributed to that county to all other counties that 
submit appropriate documentation verifying compliance with the 20% expenditure 
requirement for the purpose of community corrections. The department shall distribute 
these funds to those qualifying counties in an amount equal to each county's percent 
distribution pursuant to subsection 3. 
6. 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 Fund under subsection 2 and the Community Corrections 
Fund under subsection 1. 
Sec. 13. 34-A MRSA §1210-C is enacted to read: 
§1210-C. Community Corrections Incentive Fund 
There is established the nonlapsing Community Corrections Incentive Fund. 
Pursuant to section 1209-A, the State Sentencing and Corrections Practices Coordinating 
Council shall approve applications and award and administer to counties competitive 
grants from the fund. 
Grants must be used for initiatives to expand community 
corrections, regional programs and other efforts to improve the efficiency and 
effectiveness of the correctional system. Awards must be made in correctional areas that 
include but are not limited to pretrial diversion, pretrial release, transition, specialty jails, 
regional cooperation and deferred disposition programs. Grants must also be awarded 
based on considerations of improved efficiency, offender and court docket reduction, 
consolidation of resources, reduced recidivism and improved methods for the delivery of 
services. When applicable, grant applications and awards must be based on established 
evidence-based correctional practices. 
Sec. 14. 34-A MRSA §1214, suh-§I, as enacted by PL 2001, c. 439, Pt. G, § 1, is 
amended to read: 
1. Establishment. The Office of Victim Services, referred to in this section as the 
"office," is established. within the department to advocate for compliance by the 
department, any correctional facility, any detention facility, community corrections as 
defined in former section 1210-A or in section 1210-B or any contract agency with all 
laws, administrative rules and institutional and other policies relating to the rights and 
dignity of victims. 
A. 
The Victim Services Coordinator shall report only to the commissioner or an 
associate commissioner. 
B. 
The Victim Services Coordinator shall, with the approval of the commissioner or 
an associate commissioner, select other victim advocates needed to carry out the 
intent of this section and who shall report only to the Victim Services Coordinator. 
Sec. 15. 34-A MRSA §1214, suh-§3, ~, as enacted by PL 2001, c. 439, Pt. G, 
§ 1, is amended to read: 
B. 
Intercede on behalf of victims with officials of the department, any correctional 
facility, any detention facility, community corrections as defined in former section 
1210-A or in section I2IO-B or any contract agency or assist these persons in the 
resolution of victim-related issues; 
Sec. 16. Appropriations and allocations. The following appropriations and 
allocations are made. 
CORRECTIONS, DEPARTMENT OF 
Community Corrections Incentive Fund 0000 
Initiative: 
Appropriates funds to establish the nonlapsing Community Corrections 
Incentive Fund to be administered by the Department of Corrections. These funds must 
be awarded to counties as competitive grants to improve the efficiency and effectiveness 
of the State's correctional system. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2007-08 
$1,500,000 
$1,500,000 
2008-09 
$2,000,000 
$2,000,000 
Sec. 17. Effective date. That section of this Act that enacts the Maine Revised 
Statutes, Title 34-A, section I21O-B takes effect July 1,2008. Those sections of this Act 
that amend Title 4, section 116; Title 4, section 163, subsection 1; Title 30-A, section 
1658; and Title 34, section 1214, subsection 1 and subsection 3, paragraph B take effect 
July 1,2008. 
SUMMARY 
This bill includes the recommendations of the Corrections Alternatives Advisory 
Committee, which was established pursuant to Public Law 2005, chapter 386, Part J and 
extended pursuant to Public Law 2005, chapter 667. 
The bill proposes to do the 
following. 
1. The bill adds to the factors that a judicial officer must consider before allowing the 
pretrial release of a defendant on personal recognizance or an unsecured appearance bond 
the determination that the defendant's release will not compromise the safety of the 
community. 
2. This bill requires each county, or each county working jointly with another county 
or counties or with the Department of Corrections, to establish a criminal justice planning 
committee. 
The committees will include members from county government; 
representatives from law enforcement agencies, jails, the judiciary and the public; and 
prosecutors, defense attorneys and victim advocates. The committees' work will include 
coordinating efforts to educate, update and increase the use of evidence-based 
correctional practices. 
Page II - 123LR0532(Ol)-1 
3. 
The bill creates the State Sentencing and Corrections Practices Coordinating 
Council, whose members will include representatives from state and county corrections, 
county commissioners, municipalities, sheriffs, prosecutors, defense attorneys, victim 
services and the judiciary. The council's duties include coordinating criminal justice 
information and collaborating with persons who work in the criminal justice field to 
establish strategic goals and outcomes to guide the investment in and expenditures on 
corrections programs and facilities; monitoring sentencing practices; and reviewing 
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. The council shall submit an annual 
report to the joint standing committee of the Legislature having jurisdiction over criminal 
justice and public safety matters and to the Governor, and that report must include 
recommendations and any necessary implementing legislation. 
The Department of 
Corrections shall serve as the fiscal agent of the council and may contract for and employ 
staff members, subj ect to approval of the council, to assist in the research, administration 
and delivery of services required in connection with the duties of the council. The 
department may accept funds from the Federal Government, from any political 
subdivision of the State or from any individual, foundation or corporation and may 
expend those funds for purposes of supporting the council's work. The department shall 
also provide technical assistance to counties and to the criminal justice planning 
committees to aid them in the planning and development of community corrections. 
4. Beginning July 1, 2008, the bill proposes separating the County Jail Prisoner 
Support and Community Corrections Fund into 2 funds, the Community Corrections 
Fund for the purpose of establishing and maintaining community corrections and the 
County Jail Prisoner Support Fund 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. Beginning July 1, 2008 and annually thereafter, the department shall distribute to 
the counties amounts to be dedicated to the Community Corrections Fund .and to the 
County Jail Prisoner Support Fund. The department shall distribute amounts to each 
county based on each county's percentage of statewide jail inmate days, which must be 
calculated for the last fiscal year for which data is available. If a county's percentage 
results in a lower subsidy than it received pursuant to the former Maine Revised Statutes, 
Title 34-A, section 1210-A, that county may not receive a reduction. If the county's 
percentage results in a subsidy higher than it received pursuant to former Title 34-A, 
section 1210-A, that county would receive an increase in funding in proportion to 
available funding to move the entire county jail system toward greater equity. 
5. The bill also creates a new nonlapsing fund, the Community Corrections Incentive 
Fund, and the State Sentencing and Corrections Practices Coordinating Council shall 
approve applications and award and administer to counties competitive grants from this 
fund. Grants must be used for initiatives to expand community corrections, regional 
programs and other efforts to improve the efficiency and effectiveness of the correctional 
system. 
Awards would be made in areas such as pretrial diversion, pretrial release, 
transition, specialty jails, regional cooperation and deferred disposition programs. Grants 
must also be awarded based on considerations of improved efficiency, offender and court 
docket reduction, consolidation of resources, reduced recidivism and improved methods 
for the delivery of services.