An Act To Improve the Coordination of State and County Correctional Services
Maine Legislature, Session 125, LD 1419
Committee Amendment CA_A_H531 (House)
Amends: 30-A MRSA §406, 30-A MRSA §709, 30-A MRSA §710, 34-A MRSA §1801, 34-A MRSA §1802, 34-A MRSA §1803, 34-A MRSA §1803-A

COMMITTEE AMENDMENT "A" to H.P. 1045, L.D. 1419, Bill, "An Act To 
Improve the Coordination of State and County Correctional Services" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Improve the Coordination of County Correctional Services' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §406, sub-§l, as enacted by PL 2007, c. 653, Pt. A, §6, is 
amended to read: 
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, 
subsection 2, paragraph A, the sheriffs shall assist the Commissioner of Corrections with 
respect to the daily management of offender bed space throughout the wHHed coordinated 
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. 
Sec. 2. 30-A MRSA §406, sub-§l-A is enacted to read: 
I-A. 
Accepting transferred inmates. 
A correctional facility shall accept any 
inmate transferred to it by the Commissioner of Corrections pursuant to Title 34-A, 
sections 1404 or 1405 if: 
A. Such transfer is consistent with policies established by the board pursuant to Title 
34-A, section 1803; and 
COMMITTEE AMENDMENT 
~. .,. 
( 
( 
'. 
COMMITTEE AMENDMENT "A" to H.P. 1045, L.D. 1419 
B. There are sufficient vacant and budgeted beds in that facility appropriate for the 
security classification and any special needs or circumstances of the transferred 
inmate. 
Sec. 3. 30-A MRSA §406, sub-§2, as enacted by PL 2007, c. 653, Pt. A, §6, is 
amended to read: 
2. 
Coordinated correctional system plan. 
The sheriffs may recommend a 
downsizing plan, a plan for capital construction and!! reinvestment strategies strategy to 
the board. 
Sec. 4. 30-A MRSA §709, as enacted by PL 2007, c. 653, Pt. A, §11, is amended 
to read: 
§709. County correctional services budgets presented to State Board of Corrections 
Notwithstanding any other provision of law, beginning July 1, ~ 
2012 and for all 
subsequent fiscal years, -4- 11 months prior to the beginning of the fiscal year the cOHflty 
clerk from next biennium each county shall submit that county's annual its proposed 
biennial 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 proposed 
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 
correctional services related expenditure. 
Sec. 5. 30-A MRSA §710, sub-§§l to 3, as enacted byPL 2007, c. 653, Pt. A, 
§ 12, are amended to read: 
1. Budget growth guidance and proposed budget. At least (} 11 months before the 
beginning of each state fiscal year the first year of the next biennium, the State Board of 
Corrections, established in Title 5, section 12004 G, subsection 6 C and referred to in this 
section as "the board," corrections working group established in Title 34-A, section 1804 
shall set a grm'lth limitation provide biennial budget growth guidance for the correctional 
services expenditures in the new fiscal year for each county biennial budget. The county 
commissioners shall submit proposed itemized correctional services budgets to the board 
in a format and by a date to be determined annually by the board, but no later than 12 
months before the beginning of the next biennium. 
2. Review of county correctional services budgets. The board shall review, amend 
if necessary and approve each county correctional services budget submitted under 
subsection 1. If the county correctional services budget submitted to the board does not 
exceed the grov;<t:h limitation established under subsection I and is consistent 'i'lith board 
directives under Title 34 A, section 1803, the board must accept the county 
commissioners' approval of the county's correctional services budget. 
If the county correctional services budget submitted exceeds the grovlth limitation 
established under subsection 1 or is inconsistent with board directives under Title 34 A, 
section 1803, 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 grovlth limitation established under subsection 
COMMITTEE AMENDMENT 
\\. '" i. 
\ 
~ 
\. 
COMMITTEE AMENDMENT "A" to H.P. 1045, L.D. 1419 
or is inconsistent with a directive of the board under Title 34 A, section 1803, the board 
must further revie:w the proposed budget together 'Nith 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 
receiYe 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 ofTitIe 5, chapter 375, subchapter 4 apply. 
Sec. 6. 34-A MRS A §1404, sub-§§l and 2, as enacted by PL 2007, c. 653, Pt. 
A, §28, are amended to read: 
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 
throughout the uniHed coordinated correctional system and shaH 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: 
(I) 
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 (I); and 
B. Regular consultation with sheriffs. 
2. Coordinated correctional system plan. The commissioner may recommend a 
downsizing plan and £! reinvestment strategies strategy to the board. 
Sec. 7. 34-A MRSA §1801, sub-§l, as enacted by PL 2007, c. 653, Pt. A, §30, is 
amended to read: 
1. Purpose of the board. The purpose of the board is to develop and implement a 
unified coordinated 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. 
Sec. 8. 34-A MRSA §1801, sub-§2, as enacted by PL 2007, c. 653, Pt. A, §30, is 
amended to read: 
2. State goals. The board shall develop goals to guide the development of and 
evaluate the effectiveness of a unified coordinated 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 
COMMITTEE AMENDMENT 
n. fi. S. 
( 
COMMITTEE AMENDMENT ,A .. to H.P. 1045, L.D. l4l9 
C. Rate of incarceration. . 
Sec. 9. 34-A MRSA §1802, sub-§I, "A and B, as enacted by PL 2007, c. 653, 
Pt. A, §30, are amended to read: 
A. One member must be a sitting sheriff Two members selected from a list of 3 
nominations submitted to the Governor by a statewide organization representing 
sheriffs, at least one of whom must be a county sheriff; 
B. One member must be a sitting cmmty commissioner Two members selected from 
a list of :, nominations submitted to the Governor by a statewide organization 
representing county commissioners, at least one of whom must be a county 
commisslOner; 
Sec. 10. 34-A MRS A §1802, sub-§I,~, as amended by PL 2009, c. 89, §I, is 
further amended to read: 
E. 
Feur Two 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 statevlide organization representing county commissioners. A member appointed 
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. 
Sec. 11. 34-A MRSA §1803, first" as enacted by PL 2007, c. 653, Pt. A, §30, is 
amended to reaq: 
+he In addition to other duties and powers set out in this Title, the board is charged 
with the following responsibilities and duties. 
Sec. 12. 34-A MRSA §1803, sub-§l, as amended by PL 2009, c.391, §§ll to 
13, is further amended to read: 
1. Manage the cost of corrections. The board shall develop a plan to achieve 
systemic cost savings and cost avoidance throughout the unified coordinated correctional 
system with the goal of operating efficient correctional services. Additionally, the board 
shall: 
A. Set and enforce a yearly growth limitation for Review, amend if necessary and 
adopt the correctional services expenditures in each county budget under Title 30-A, 
section 710; 
B. 
Develop reinvestment strategies within the unffied coordinated correctional 
system to improve services and reduce recidivism; 
C. Establish boarding rates for the unified coordinated correctional system, except 
boarding rates for federal inmates; anti 
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 AMENDMENT 
\\.-" 
"'. 
\ 
COMMITTEE AMENDMENT "A"to H.P. 1045, L.D. 1419 
committee of the Legislature having jurisdiction over appropriations and financial 
affairs~~ 
E. Develop parameters for facility popUlation, including but not limited to gender; 
classification; legal status, including pretrial or sentenced; and special needs; and 
F. 
Enter into contracts on behalf of and with the consent of the county 
commissioners and sheriffs in the case of county jails, and with the consent of the 
board of directors of the regional jail authority in the case of a regional jail, for goods 
and services when such contracts will: 
(1) Lower the cost of providing correctional services; 
(2) Improve delivery of correctional services; or 
(3) Otherwise help to achieve the goals of the board pursuant to section 1801. 
Sec. 13. 34-A MRSA §1803, sub-§3, ~C, as enacted by PL 2007, c. 653, Pt. A, 
§30, is amended to read: 
C. 
Coordinate transportation of inmates in the unified coordinated correctional 
system. 
Sec. 14. 34-A MRSA §1803, sub-§10, as enacted byPL 2007, c. 653, Pt. A, §30, 
is amended to read: 
10, Reporting. 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 I, 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 coordinated correctional 
system or the board. 
Sec. 15. 34-A MRSA §1803-A is enacted to read: 
§1803-A. Office of executive director 
1. Appointment. The Commissioner of Corrections, with the advice and the consent 
of the board, and on a timetable directed by the board, shall hire an executive director 
who serves at the pleasure of the board. 
2. Qualifications. To qualify for appointment as executive director, a person must 
have training and experience commensurate with the duties and powers assigned to the 
position as determined by the board. 
3. Duties and powers of executive director. The Executive Director of the State 
Board of Corrections shall perform administrative duties and exercise the powers 
consistent with policies established by the board. 
Sec. 16. 34-A MRS A §1804, last~, as enacted by PL 2007, c. 653, Pt. A, §30, is 
amended to read: 
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 uffifie6 coordinated correctional system, 
COMMITTEE AMENDMENT 
( 
( 
COMMITTEE AMENDMENT "A" to H.P. 1045, L.D. 1419 
including the placement of inmates. The group shall advise and assist the board in the 
ongoing improvement of the uaified coordinated 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. 
Sec. 17. 
Transition of membership of State Board of Corrections. 
Notwithstanding the Maine Revised Statutes, Title 34-A, section 1802, subsection 1, a 
member of the State Board of Corrections who is serving on the effective date of this Act 
continues to serve until the expiration of that member's term and until that member's 
replacement is appointed and confirmed.' 
SUMMARY 
This amendment makes the following changes to the laws governing the State Board 
of Corrections. 
1. It directs the focus of the State Board of Corrections from the uni fication of State 
and county correctional services to the coordination of county correctional services. 
2. It addresses management of offenders within the coordinated correctional system 
in order to ensure optimal use of available budgeted jail beds. 
3. It revises the provisions of law governing the submission of jail budgets to the 
State Board of Corrections. 
4. It revises the membership of the State Board of Corrections. 
5. It allows the State Board of Corrections to enter into contracts in pursuit of stated 
goals, and it codifies the role of the board's executive director. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
, 
\ 
Approved: 06/04111 frac 
LD 1419 
LR 1483(02) 
An Act To Improve the Coordination of State and County Correctional Services 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment Jil " 
Committee: Criminal Justice and Public Safety 
Fiscal No~e Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the Department of Corrections and the State Board of Corrections can be absorbed utilizing 
existing budgeted resources. 
LRI483(02) - Fiscal Note - Page 1 of 1