An Act Regarding the Operation of County Jails and the State Board of Corrections
Maine Legislature, Session 124, LD 1224
Sponsors: CROCKETT, JACKSON, BERRY, BLANCHARD, BURNS, BUTTERFIELD, HASKELL, MAGNAN, PLUMMER
Amends: 34-A MRSA §1404, 34-A MRSA §1803

Legislative Document 
No. 1224 
H.P.844 
House of~epresentatives, March 26,2009 
An Act Regarding the Operation of County Jails and the State 
Board of Corrections 
Reference to the Committee on Criminal Justice and Public' Safety suggested and ordered 
printed. 
Presented by Representative CROCKETT of Augusta. 
Cosponsored by Senator JACKSON of Aroostook and 
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/h.1J?IiC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, BLANCHARD of Old Town, BLODGETT of 
. Augusta, BURNS of Whiting, BUTTERFIELD of Bangor, HASKELL of Portland, MAGNAN 
of Stockton Springs, PLUMMER of Windham. 
Printed on recycled pLlpcr 
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Be it enact.ed by the People of the State of Maine as follows: 
Sec. 1. 34-A MRSA §1404, sub-§7is enacted to read: 
7. Budget review. The commissioner shall provide the board with the depaJiment's 
adult correctional and adult probation services budget proposals in a timely fashion in 
order that the board may review the budget. proposals prior to making' its 
recommendations 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. 2. 34-A MRSA §1803, sub-§l, as enacted by PL 2007, c. 653, Pt. A, §30, is 
amended to read: 
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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 iri each countY budget under Title 30-A, section 710; 
B. Develop reinvestment strategies within the unified correctional system to improve 
services and reduce recidivism; afId 
C. Establ ish boarding rates for the unified correctional system, except boarding rates 
for federal inmates7; and 
D. 
Review department 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. 3. 34-A MRS A §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 celiificate of need in support of the 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 
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substantive rules as gefined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill makes 2 changes to the laws governing the State Board of Corrections as 
follows. 
Page I - 124LR0201(Ol)-1 
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1. 
It requires the Commissioner of Corrections to submit the Department of 
Corrections' adult correctional and adult probl;ltion services budget proposals to the State 
Board of Corrections and requires the board to review those budget proposals and submit 
recommendations regarding them 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. 
2. 
It clarifies that a public or private correctional construction project may not 
proceed without a certificate of need issued by the board.