An Act Regarding the Operation of County Jails and the State Board of Corrections
Maine Legislature, Session 124, LD 1224
Committee Amendment CA_A_H439 (House)
Amends: 30-A MRSA §924, 30-A MRSA §932, 30-A MRSA §1659, 30-A MRSA §1659-A, 30-A MRSA §1660, 34-A MRSA §1404, 34-A MRSA §1803, 34-A MRSA §3036-A, 34-A MRSA §3261

COMMITTEE AMENDMENT" f)" to H.P. 844, L.D. 1224, Bill, "An Act 
Regarding the Operation of County Jails and the State Board of Corrections" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRS A §1175, first ~, as amended by PL 2005, c. 527, § 14, is 
further amended to read: 
Upon complying with subsection 1, a victim of a crime of murder or stalking or of a 
Class A, Class B or Class C crime or of a Class D crime under chapters 9, 11 and 12 for 
which the defendant is committed to the Department of Corrections or to a county jail or 
is committed to the custody of the Commissioner of Health and Human Services either 
under Title 15, section 103 after having been found not criminally responsible by reason 
of insanity or under Title 15, section 10 I-B after having been found incompetent to stand 
trial must receive notice of the defendimt's unconditional release and discharge from 
. institutional confinement upon the expiration of the sentence or upon release from 
commitment under Title 15, section 10 I-B or upon discharge under Title 15, section 104-
A and must receive notice of any conditional release of the defendant from institutional 
confinement, including probation, supervised release for sex offenders, parole, furlough, 
work release, intensive supervision, supervised community confinement, home release 
monitoring or similar program, administrative release or release under Title 15, section 
104-A. 
Sec. 2. 30-A MRS A §708, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§ 1 06 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
. 
amended to read: 
§708. Alternative fiscal year 
The county commissioners of a county may adopt a July 1 st to June 30th fiscal year. 
A county may raise one or 2 taxes during a single valuation, if the taxes raised are based 
on appropriations made for a one or more county fiscal year that does .110t exceed years 
none of which exceeds 18 months. A county fiscal year may extend beyond the end of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to H.P. 844, L.D. 1224 
the current tax year. The county commissioners, when changing the county's fiscal year, 
may for transition purposes, adopt one or more fiscal years not longer than 18 months 
each. 
. Sec. 3. 30-A MRSA §924, sub-§3, as amended by PL 2001, c. 349, §6, is further 
amended to read: 
3. Other uses; working capital. After compliance with subsection 2, the county 
commissioners may use any remaining unencumbered surplus funds to fund a county 
charter commission, as provided in section 1322, subsection 4, or to establish or fund a 
capital reserve account under section 921, including a corrections services capital reserve 
account, as provided in section 5801. If not used for these purposes, any remaining 
surplus funds may not be expended but must be retained as working capital for the use 
and benefit of the county except that correctional unencumbered surplus may not lapse to 
the county's noncorrectional fund balance but must be carried forward as the county or 
regional jail authority correctional services fund balance. Correctional services funds 
may be expended only for corrections services. 
Sec~ 4. 30-A MRSA §932, sub-§3, as enacted by PL 2007, c. 653, Pt. A, § 13, is 
amended to read: 
3. Change of fiscal year. County In addition to and without limiting subsections 1 
and 2, the 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. +He A tax anticipation note issued pursuant to this subsection covers the 6-month 
period of January 1 st to June 30th prior to the first year of a fiscal year beginning on July 
st. County commissioners may borrow pursuant to this subsection 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 a year. 
Prior to February 15th of the transitional budget year, the municipal officers of each 
mUllicipality 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 31 st 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 by December 31 st of the 2nd, 3rd, 4th or 5th year after 
the calendar year in which the transition year occurs, ending no later than 5 years 
December 31st of the 5th year after the calendar year in which the transition year occurs. 
In accordance with the paymeilt 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 1 st to June 30th transitional budget and any interest 
incurred by the county for borrowing on behalf of the municipality in anticipation of 
deferred payment of taxes as provided in this subsection. 
. 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT "A "to H.P. 844, L.D. 1224 
Sec. 5. 30-A MRSA §1659, as amended by PL 2005, c. 68, §1, is repealed. 
Sec. 6. 30-A MRSA §1659-A is enacted to read: 
§1659-A. Community confinement monitoring program 
The sheriff of each county shall establ ish a program to permit certain inmates to serve 
a portion of their sentence of imprisonment in community confinement monitored by the 
county or a contract agency or another county or its contract· agency. The county may 
contract only with a community confinement monitoring agency approved by the State 
Board of Corrections. 
1. Petition. A sheriff, upon written request from an inmate eligible for participation 
in a community confinement monitoring program and recommended by the jail 
administrator, may assign the inmate to pal1icipate in a community confinement 
monitoring program. At the time of granting this privilege, the sheriff shall determine 
whether the inmate is responsible for the cost of participating in the program based on the 
inmate's ability to pay. 
2. 
Eligibility. 
Inmates are eligible to participate in a community confinement 
monitoring program if: 
A. The inmate's residence is located within the State and in a location that does not 
in any way restrict the adequate monitoring of the inmate; 
B. The inmate has been sentenced to the county jail; 
C. 
The inmate is not serving a sentence for a sex offerise or a sexually violent 
offense as defined under Title 34-A, section 11203; 
D. The inmate has a verified security classification level of "medium" or "minimum" 
and scores "moderate" or "less" on a validated risk assessment tool as defined by the 
State Board of Corrections; 
E. The inmate serves a minimum of 1/3 of the term of imprisonment, or, in the case 
of a split sentence, a minimum of 1/3 of the un suspended portion, prior to 
participating in a community confinement monitoring program. In calculating the 
amount of time served; good time or deductions earned under Title 17-A, section 
1253 and time reductions earned for charitable or public works projects under section 
1606 must be counted; and 
F. The inmate agrees to abide by the conditions of release pursuant to this section 
and any additional conditions imposed by the sheriff or jail administrator. 
3. 
Participation requirements. 
The following requirements of this subsection 
apply to inmates participating in a community confinement monitoring program. 
A. 
Each inmate assigned to community confinement pursuant to this section shall 
participate in a structured program of work, education or treatment. Participation in a 
community confinement monitoring program may not be solely for the purpose of 
living at home. 
B. At a minimum, the inmate shall report in person at least once per week to a 
community confinement monitor, even ifbeing electronically monitored. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to H.P. 844, L.D. 1224 
C. 
The jail administrator, or a designee, shall restrict in advance any travel or 
movement limiting the inmate's travel to specific times and places directly related to 
approved employment, formal education, job search, publiC service work, treatment 
or other specific purposes. 
D. The inmate shall agree to searches of the inmate's person, residence, electronic 
monitoring equipment, vehicle, papers and effects and any property under the 
inmate's control, without a warrant and without probable cause, for items prohibited 
by law or by condition of participation in the program or otherwise subject to seizure 
or inspection upon the request of the jail administrator, a community confinement 
monitor or any law enforcement officer without prior notice. The sheriff or jail 
administrator may prohibit the inmate from residing with anyone who does not 
consent to a search or inspection of the residence to the extent necessary to search or 
inspect the inmate's person, residence, electronic equipment, papers and effects. 
E. The inmate may not use alcohol or illegal drugs or other illegal substances and 
may not abuse alcohol or abuse any other legal substance. 
F. 
The inmate shall submit to urinalysis, breath testing or other chemical tests 
without probable cause at the request of the jail administrator or a community 
confinement monitor. 
G. If stopped or arrested by a law enforcement officer, the inmate shall notify that 
officer of the inmate's participation in a community confinement monitoring program. 
Within one hour of having been stopped or arrested, the inmate shall notify the jail 
administrator or a community confinement monitor. 
H. The inmate may not violate state or federal criminal law or any conditions of the 
inmate's release. 
I. 
As a condition of participation of an inmate in a community confinement 
monitoring program, the sheriff may, based upon an inmate's ability to pay, require 
the inmate to pay a fee including an electronic monitoring fee, if applicable, a 
substance testing fee, if applicable, or both. The fee charged may include the costs 
associated with a community confinement program for people who do not have the 
financial resources to pay the fees. 
1. The inmate shall sign a statement verifying that the inmate understands and agrees 
to all of the conditions of release and participation in a community confinement 
monitoring program. 
4. Termination of the privilege. The sheriff, jail administrator or a community 
confinement monitor may terminate an inmate's participation in a community 
confinement monitoring program at any time and return the inmate to the custody of the 
county jail for any violation of the conditions of the inmate's release or upon the loss of 
an appropriate residence on the part of the inmate. 
5. Violations; penalties. The following penalties apply to violations of this section. 
A. An inmate who willfully violates a condition of release commits a Class D crime. 
B. An inmate who leaves or fails to return within 12 hours to that inmate's residence 
or other designated area in which that inmate is monitored is guilty of escape under 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to H.P. 844, L.D. 1224 
Title 17-A, section 755. A sentence received for this crime or for escape is subject to 
the requirements of Title 17-A, section 1256, subsection 1. 
6. Minimum standards supervision of inmates in the community confinement 
monitoring program. The State Board of Corrections shall establish minimum policy 
standards for the monitoring of inmates in the community confinement monitoring 
program. 
7. Program funding. Funds collected pursuant to this section must be forwarded to 
an account designated by the State Board of Corrections for the purpose of supporting 
pretrial, diversion or reentry activities. Community confinement monitoring program 
funds must be accounted for by the county through the normal budget process. 
8. Terminally ill or incapacitated inmate. The sheriff may grant the privilege of 
participatiOli in a community confinement monitoring program to an inmate who does not 
meet the requirements of subsection 2, paragraohs C and E if the iail's treating physician 
has determined that the inmate has a terminal or severely incapacitating medical 
condition and that care outside the jail is medically appropriate. Except as set out in this 
subsection, the inmate shall live in a hospital or other appropriate care facility, such as a 
nursing facility, residential care facility or facility that is a licensed hospice program 
pursuant to Title 22, section 8622 approved by the sheriff. As approved by the sheriff, the 
inmate may receive hospice services from an entity licensed pursuant to Title 22, chapter 
1681, subchapter 1 or other care services and, subject to approval by the sheriff, may live 
at home while receiving these services. The sheriff may exempt an inmate participating 
in community confinement monitoring pursuant to this subsection from any requirements 
under subsection 3 that the sheriff determines to be· inapplicable. 
The inmate shall 
provide any information pertaining to' the inmate's medical condition or care that is 
requested by the sheriff at any time while the inmate is in the community confinement 
monitoring program. If the sheriff determines that the inmate has failed to fully comply 
with a request, or if at any time the jail's treating physician determines that the inmate 
does not have a terminal or severely incapacitating medical condition or that care outside 
the jail is not medically appropriate, the sheriff shall terminate the inmate's participation 
in the community confinement monitoring program. Except as set out in this subsection, 
all other provisions of this section apply to community confinement monitoring pursuant 
to this subsection. 
9. Effective date. This section is effective January 1, 2010. 
Sec. 7. 30-A MRSA §1660, sub-§2, as amended by PL 2001, c. 659, Pt. F, §2, is 
further amended to read: 
2. Information on releases. The repOli required in this section must include the 
following information for each county corrections facility about releases of inmates from 
the facility pursuant to sections 1605, 1606 and -l-6.§.9. 1659-A and former section 1659 
during the prior calendar year: 
A. The total number of inmates who were granted the privilege of release; 
B. The number of inmates that were granted the privilege of release for each of the 
following purposes and the nature of the crimes committed by those inmates: 
(I) Employment; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to H.P. 844, L.D. 1224 
(2) Participation in public works-related projects; 
(3) Participation in a home-release monitoring program; am\. 
C3-A) Participation in a community confinement monitoring program; and 
(4) All other purposes; 
C. The number of inmates who requested and were denied the privilege of release for 
each of the following purposes and the nature of the crimes committed by those 
inmates: 
(1) Employment; 
(2) Participation in public works-related projects; 
(3) Participation in a home-release monitoring program; am\. 
C3-A) Participation in a community confinement monitoring program; and 
(4) All other purposes; 
D. With respect to each inmate who was granted the privilege of release and who 
subsequently had the privilege revoked: 
(1) The total number of such inmates; 
(2) The purpose for which the release was granted; 
(3) The entity that revoked the privilege; 
(4) The reasons for the revocation; and 
(5) Whether the revocation was appealed and the result of that appeal; and 
E. Any other information that the Commissioner of Corrections believes appropriate 
to accurately inform the Legislature about sheriffs' handling of release decisions. 
22. 
Sec. 8. 34-A MRSA §lOOl, sub-§9, as enacted by PL 1983, c. 459, §6, is 
repealed and the following enacted in its place: 
9. Holding facility. "Holding facility" means a facility or part of a building used for 
the detention of adult pretrial detainees prior to arraignment, release or transfer to another 
facility or authority for periods of up to 48 hours. "Holding facility" also means a county 
jailor part of a jail used for the detention of adult inmates, whether detained pending a 
28' 
trial or other co1ll1 proceeding or sentenced for periods of up to 72 hours excluding 
29' 
Saturday, Sunday and legal holidays and excluding days during which the inmate is at 
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. court. 
Sec. 9. 34-A MRSA §1404, sub-§7 is enacted to read: 
7. 
Budget review. 
The commissioner shall provide the board with its adult 
correctional and adult probation services biennial and supplemental budget proposals in a 
timely fashion. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to H,P, 844, L.D, 1224 
Sec. 10. 34~A MRSA §i405, sub-§2, ~, as enacted by PL 2007, c. 653, Pt. A, 
§29, is amended to read: 
E. 
The person becomes eligible for furloughs, work or other release programs, 
participation in public works and charitable projects aHd., home-release monitoring 
and community confinement monitoring programs as authorized by Title 30-A, 
sections 1556, 1605, 1606 and +M9 1659-A and Title 30-A, former section 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. 
Sec. 11. 34-A MRSA §1803, sub-§I, ~, as enacted by PL 2007, c. 653, Pt. A, 
§30, is amended to read: 
B. Develop reinvestment strategies within the unified correctional system to improve 
services and reduce recidivism; aHd 
Sec. 12.· 34-A MRSA §1803, sub-§I, «UC, as enacted by PL 2007, c. 653, Pt. A, 
§30, is amended to read: 
C. Establish boarding rates for the unified correctional system, except boarding rates 
for federal inmates,,; and 
Sec. 13. 34-A MRSA §1803, sub-§1 ~, is enacted to read: 
D. Review department biennial and supplemental budget proposals affecting adult 
correctional and adult probation services and submit recommendations regarding 
these budget proposals to the joint standing committee of the Legislature having 
jurisdiction over criminal justice and public safety matters and the joint standing 
committee of the Legislature having jurisdiction over appropriations and financial 
affairs. 
Sec. 14. 34-A MRSA §1803, sub-§4, as enacted by PL 2007, c. 653, Pt. A, §30, 
is amended to read: 
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. A public or private correctional construction project may not be 
undertaken unless the board issues a certificate of need in support of that project. 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. 
Sec. 15. 34-A MRS A §1805, sub-§3, ~, as enacted by PL 2007, c. 653, Pt.A, 
§30, is amended to read: 
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. Any net revenue in excess of county or regional jail 
expenditures resulting from efficiencies generated by the independent actions of a 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 844, L.D. 1224 
county or regional 
jail remains with' the county's or regional jail authority's 
correctional services fund balance; 
Sec. 16. 34-A MRSA §3036-A, sub-§10, as amended by PL 2005, c. 68, §2, is 
further amended to read: 
10. Terminally ill or incapacitated prisoner. With the consent of the prisoner, the 
commissioner may permit a prisoner committed to the department to be transferred from 
a correctional facility to supervised community confinement without meeting the 
requirements of subsection 2, paragraphs Band C if the facility's treating physician 
department's director of medical care has determined that the prisoner is terminally ill has 
a terminal or severely incapacitating medical condition and that care outside the E! 
correctional facility for the remainder of the prisoner's illness is medically appropriate. 
Except as set out in this subsection, the prisoner shall live in a hospital or other 
appropriate care facility, such as a nursing facility, residential care facility or a facility 
that is a licensed hospice program pursuant to Title 22, section 8622, approved by the 
COmITIlSSlOner. 
As approved by the commissioner, the prisoner may receive hospice 
services from an entity licensed pursuant to Title 22, chapter 1681, subchapter 1 or other 
care services provided by an entity approved by the commissioner and, subject to 
approval by the commissioner, may live at bome while receiving these hospice services. 
The commissioner may exempt a prisoner transferred to supervised community 
confinement pursuant to this subsection from any mandatory condition under subsection 
that the commissioner determines to be inapplicable. The prisoner shall provide any 
information pertaining to the prisoner's medical condition or care that is requested by the 
commissioner at any time while the prisoner is on supervised community confinement. 
If the commissioner determines that the prisoner has failed to fully comply with a request 
or if at any time the depaJ1ment's director of medical care determines that the prisoner 
does not have a terminal or severely incapacitating medical condition or that care outside 
a correctional facility is not medically appropriate, the commissioner shall revoke the 
transfer to supervised community confinement. 
Sec. 17. 34-A MRSA §3036-A, sub-§l1 is enacted to read: 
11. Revocation of transfer. The commissioner may revoke a transfer to supervised 
community confinement at any time for any reason in the commissioner's discretion. 
Sec. 18. 34-A MRSA §3261, sub-§4, as amended by PL 1999, c. 583, §21, is 
further amended t9 read: 
4. Duties of the warden. The warden shall: 
A. 
File the warrant and record, as provided by Title 15, section 1707. with the 
warden's return on the \varrant in the warden's office~.!. 
B. Cause a copy of the warrant of commitment to be filed in the office oftlle clerk of 
cOl1rt from which it waR iRRl1ed. 
Sec. 19. 34-A MRS A §3407, sub-§4, as amended by PL 1999, c. 583, §26, is 
further amended to read: 
4. Duties of the superintendent. The superintendent shall: 
COMMIT 
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COMMITIEE AMENDMENT "II "to H.P. 844, L.D. 1224 
A. 
File the ',varrant and record, as provided by Title 15, section 1707. 'Nith the 
sunerintendent's return on the "",arrant in the superintendent's office~.:. 
B. Cause a copy of the ", .. arrant of commitment to be filed in the office of the clerk of 
court ITom '""hich it "vas issued.' 
SUMMARY 
This amendment replaces the bill and implements recommendations of the State 
Board of Corrections as reported to the Joint Standing Committee on Criminal Justice and 
Public Safety pursuant to the Maine Revised Statutes, Title 34-A, section 1803, 
subsection 11. Specifically, the amendment does the following. 
It expands victim notification of a prisoner's release to include notice to victims of the 
release of those convicted of Class D crimes under chapter 9, 11 or 12 of the Maine 
Criminal Code .. 
It clarifies that counties adopting a July 1st to June 30th fiscal year may, as one 
option to transition to a 12-month fiscal year, adopt a fiscal year of no more than 18 
months and collect one or 2 tax assessments during that period. 
It specifies that counties may use unencumbered surplus funds from corrections 
operations to fund a corrections services capital reserve account. It also clarifies that 
county corrections unencumbered surplus funds remain as the correctional services fund 
balance separate from the county's noncorrectional fund balance. 
It authorizes counties that adopt a July 1 st to June 30th fiscal year to adopt a 6-month 
transitional budget. 
Counties may borrow to fund this transitional budget. 
A 
municipality may chose to pay its share of the transitional budget in one, 2, 3, 4 or 5 
annual increments. This language allows counties to borrow annually a nontaxable tax 
anticipation note to fund the cost of the 6-month transitional budget. 
It repeals the Home Release Monitoring Program and enacts a new community 
confinement monitoring program. The community confinement monitoring program is 
established to permit inmates in a county jail to serve a portion of their sentence of . 
imprisonment in an approved community confinement program. 
It repeals the definition of "holding facility" and replaces it with a new and more 
comprehensive definition. 
It clarifies the responsibility of the Commissioner of Correction to provide the 
depaI1mental budgets for adult prison and probation services to the Board of Corrections 
in a timely fashion. 
It amends the duties of the State Board of Corrections to include the review of the 
Department of Corrections' biennial and supplemental budget proposals affecting adult 
correctional,and probation services and to submit its recommendations regarding these 
budgets to the joint standing committees of the Legislature having jurisdiction over 
criminal justice and public safety matters and appropriations and financial affairs. 
It clarifies that a certificate of need must be approved by the board before a public or 
private construction project can be undertaken. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 844, L.D. 1224 
It amends a provision in the State Board of Corrections Investment Fund to specify 
that any net revenue in excess of county or regional jail expenditures resulting from 
efficiencies generated by the independent actions of a county or regional jail remains with 
the county's or regional jail authority's correctional services fund balance. 
It amends the statutes that currently allow the Department of Corrections to transfer a 
terminally ill prisoner to supervised community confinement and the sheriff to transfer a 
terminally ill prisoner to home release monitoring by adding similar authority to transfer 
a prisoner with a severely incapacitating medical condition. 
It makes explicit the discretion of the commissioner to revoke supervised community 
confinement. 
It also eliminates the requirement for the warden of the Maine State Prison and the 
superintendent of the Maine Correctional Center to cause a copy of the warrant of 
commitment to be filed in the court from which it was issued. This filing is unnecessary. 
]FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/24/09 :%Pac:.. 
LD 1224 
LR 201(02) 
An Act Regarding the Operation of County Jails and the State Board of Corrections 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note. 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs to the Department of Corrections and the State Board of Corrections can be absorbed utilizing 
existing budgeted resources. 
LR020 I (02) - Fiscal Note - Page 1 of 1