An Act To Provide Additional Authority to the State Board of Corrections
Maine Legislature, Session 126, LD 1824
Committee Amendment CA_B_S512 (Senate)
Amends: 4 MRSA §1057, 5 MRSA §1591, 30-A MRSA §701, 30-A MRSA §710, 34-A MRSA §1404, 34-A MRSA §1802, 34-A MRSA §1803, 34-A MRSA §1803-A, 34-A MRSA §1805, 34-A MRSA §1806

COMMITTEE AMENDMENT "6 " to S.P. 730, L.D. 1824, Bill, "An Act To 
Provide Additional Authority to the State Board of Corrections" 
Amend the bill by inserting after the title and 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 State Board of Corrections is not functioning as intended by the 
Legislature to provide a coordinated county jail system; and 
Whereas, this legislation is necessary to address the improper functioning as soon as 
possible; 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 before the 
summary and inserting the following: 
'Sec. 1. 4 MRSA §1057, sub-§3-A, as amended by PL 2009, c. 213, Pt. GGG, §1 
and affected by §7, is further amended 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 Operational Support Fund program 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 
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day of the month in which the collections are made to the State Board of Corrections 
Investment Operational Support Fund program 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 Operational Support Fund 
program 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 Tnve"tment 
Operational Support Fund program. This subsection takes effect July 1,2009. 
Sec. 2. 5 MRSA §1591, sub-§4, ,A, as reallocated by RR 2009, c. 1, §6, is 
amended to read: 
lOA. Any General Fund balance remaining in the State Board of Corrections 
Investment Operational Support Fund program at the end of any fiscal year to be 
carried forward for the next fiscal year. 
Sec. 3. 30-A MRSA §701, sub-§2-A, as amended by PL 2011, c. 315, §§ 1 and 2 
and affected by §4 and amended by c. 431, § 1 and affected by §2, is further amended to 
read: 
2-A. Tax assessment for correctional services. +He Starting January 1, 2015, the 
counties shall annually collect no more and no less than $62,172,371 plus an amount 
calculated annually based on the Consumer Price Index from municipalities for the 
provision of correctional services, exoluding debt service, in accordance with this 
subsection. 
+He Except as adjusted by the Consumer Price Index, the assessment to municipalities 
within each county may not be greater or less than the fiscal year 2007 08 2014-15 
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$11,575,602 in Cumberland County; 
D. A sum of$I,621,201 in Franklin County; 
E. A sum of$I,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 $2:657, 105 in Lincoln County; 
I. A sum of$I,228,757 in Oxford County; 
J. A sum of $5,919, 118 in Penobscot County; 
K. A sum of $878,940 in Piscataquis County; 
L. A sum of$2,657,105 in Sagadahoc County; 
M. A sum of $5,363,665 in Somerset County; 
N. A sum of$2,832,353 in Waldo County; 
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O. A sum of $2,000,525 in Washington County; and 
P. A sum of$8,386,815 in York County. 
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. "Correctional services" does not include county jail debt. 
Sec. 4. 30-A MRS A §710, sub-§l, as amended by PL 2011, c. 374, §5, is further 
amended to read: 
1. Proposed budget. At least 14 months before the beginning of the first year of the 
next biennium, the oorreotions working group established in Title 34ft, seotion 1804 
shall provide biennial budget grovlth guidanoe 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 by the board, but no later than 12 months before the beginning of 
the next biennium. 
Sec. 5. 30-A MRSA §710, sub-§l-A is enacted to read: 
I-A. Budget growth factor. The budget growth factor is the same as the growth 
limitation factor as calculated under section 706-A for the current year. Nothing in this 
subsection authorizes a county to exceed the tax assessment established in section 701, 
subsection 2-A. 
Sec. 6. 30-A MRSA §710, sub-§2, as amended by PL 2011, c. 374, §5, is further 
amended to read: 
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. The board must approve the county correctional services proposed budget 
if the total expenses in the proposed budget do not exceed the prior fiscal year's actual 
expenses or the prior fiscal year's budgeted expenses, whichever is less, plus the budget 
growth factor described in subsection I-A for appropriations of any recommended sum in 
excess of the county share established pursuant to section 701, subsection 2-A. 
Sec. 7. 34-A MRSA §1404, sub-§l, as amended by PL 2011, c. 374, §6, is 
further amended to read: 
1. Managing facility capacity and inmate placement. Consistent with the board's 
determination of facility use and purpose under section 1803, subseoti on 2, paragraph ft, 
the commissioner is responsible for the daily management of ifllflate bed space 
throughout the coordinated correctional system and shall direct the transfer of inmates 
between facilities in order to fulfill this responsibility. If the board fails to manage inmate 
bed space or inmate transfers as required under section 1803, subsection 2, paragraph D 
or if the board requests the commissioner to take on one or more of these functions and 
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the commissioner agrees, the commissioner is responsible for the daily management of 
inmate bed space throughout the coordinated correctional system and shall direct the 
transfer of inmates between facilities in order to fulfill this responsibility consistent with 
the board's determination of facility use and purpose under section 1803, subsection 2, 
paragraph A. 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: 
(1) 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 
B. Regular consultation with sheriffs. 
Sec. S. 34-A MRSA §tSOt, sub-§t, as amended by PL 2011, c. 374, §7, is 
repealed and the following enacted in its place: 
1. Purpose ofthe board. The purpose of the board is to: 
A. Promote public safety; 
B. Establish a unified, efficient jail system that encourages collaboration among the 
counties, the department and the judicial branch; and 
C. 
Develop and implement a 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. 9. 34-A MRSA §tSOt, sub-§2, ~~ and C, as enacted by PL 2007, c. 653, 
Pt. A, §30, are amended to read: 
B. Pretrial diversion; aHtl 
C. Rate of incarceration7~ 
Sec. to. 34-A MRS A §lSOl, sub-§2,~,u to K are enacted to read: 
D. Standardization of practices, equipment, professionalism of personnel, programs 
and policies statewide among the counties; 
E. Efficiencies and economies of scale through consolidated purchases of goods and 
services: 
F. 
Establishment of regional authorities to promote the goals pursuant to this 
subsection: 
G. 
Establishment of common accounting practices, codifications and reporting 
formats and standardized performance metrics; 
H. Establishment ofa common, prioritized long-term capital improvement budget; 
I. Addressing mental health and substance abuse problems among inmates; 
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J. Efforts made toward equality in the burden of criminal justice-related costs of the 
coordinated correctional system on taxpayers statewide; and 
K. Examination and implementation of best practices used at the national level. 
Sec. 11. 34-A MRSA §1802, sub-§l, as amended by PL 2011, c. 374, §§9 and 
10, is further amended to read: 
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. TVlo members selected from a list of 3 nominations submitted to the Goyernor by 
a statevlide organization representing sheriffs, at least one of whom must be a county 
sHeHf.f One member must be a sheriff nominated by a statewide organization 
representing sheriffs; 
B. Two members selected from a list of 3 nominations submitted to the Goyernor by 
a statevlide organization representing county commissioners, at least one of 'vvhom 
must be a county commissioner One member must be a county commissioner 
nominated by a statewide organization representing county commissioners; 
C. Two members must be representatives of the executive branch and at least one of 
the 2 must be from the department; and 
D. One member must be a municipal official selected from a list of 3 nominations 
submitted to the Governor by a statevlide organization representing elected and 
appointed municipal officers and officials; and 
E. TV/o members One member must be broadly representative of the pUblic. A The 
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. 
Of the 9 members, one must be a person vlith expertise in issues relating to mental illness 
Sec. 12. 34-A MRS A §1803, sub-§l, as amended by PL 2011, c. 374, § 12, 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 coordinated correctional system 
with the goal of operating efficient correctional services. Additionally, the board shall: 
A. 
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 coordinated correctional system to 
improve services and reduce recidivism; 
C. Establish boarding rates for the coordinated correctional system, except boarding 
rates for federal inmates; 
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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; 
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 'Nith the consent of the 
board of directors of the regional jail authority in the case of a or regional jatl-; jails 
for any goods and or 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. 
If the board enters into a contract on behalf of a county, that county is responsible for 
meeting the terms of the contract and the pro rata share of the costs for the goods and 
services under the contract. A county subject to a contract under this paragraph may 
not contract for any goods or services that are the subject of the contract without the 
prior written approval of the board. Except for goods and services contracted by the 
board, a county or regional jail may enter into an agreement with another county or 
regional jail to procure goods and services without the written permission of the 
board. 
Sec. 13. 34-A MRSA §1803, sub-§I-A is enacted to read: 
I-A. Adopt a budget growth factor; personnel costs. The board shall establish a 
budget growth factor for each fiscal year as determined pursuant to Title 30-A, section 
710, subsection I-A. The board shall approve a county budget that does not exceed the 
budget growth factor calculated on the total county budget that includes the state-funded 
portion of the county budget. A county may exceed the budget growth factor as applied 
to personnel costs but may not exceed the budget growth factor established for a county's 
overall budget. 
Sec. 14. 34-A MRSA §1803, sub-§2, ~~ and C, as enacted by PL 2007, c. 
653, Pt. A, §30, are amended to read: 
B. Review and approve 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-A7i 
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Sec. 15. 34-A MRSA §1803, sub-§2,,~ and E are enacted to read: 
D. Manage inmate bed space throughout the coordinated correctional system and 
direct the transfer of inmates between county j ails; and 
E. Receive and review all reports and results of county jail inspections conducted by 
the department pursuant to section 1208, subsection 2. 
Sec. 16. 34-A MRSA §1803, sub-§3-A is enacted to read: 
3-A. Adopt and enforce standards of efficiency. 
The board shall adopt and 
enforce standards to improve the efficiency of the county correctional system relating to: 
A. Management information systems and infrastructure; 
B. Security equipment; 
C. Inmate classification; 
D. Pretrial services; 
E. Staffing qualifications and staffing levels; and 
F. Other matters relating to construction, maintenance and operations. 
Sec. 17. 34-A MRSA §1803, sub-§5, ~, as amended by PL 2009, c. 213, Pt. 
GGG, §3 and affected by §7, is further amended to read: 
D. Administer the County Jail Prisoner Support and Community Corrections Fund 
established in section 1806 and the State Board of Corrections IflYestmeflt 
Operational Support Fund program established in section 1805. 
The board may 
allocate available funds from the State Board of Corrections IflYestmeflt Operational 
Support Fund program to meet any emergency expenses or for maintenance in 
emergency conditions of any correctional facility or county jail. The board may 
make allocations for these purposes only upon written request of the commissioner or 
a county; 
Sec. 18. 34-A MRS A §1803, sub-§5, ~, as amended by PL 2009, c. 213, Pt. 
GGG, §4 and affected by §7, is further amended to read: 
E. Prepare and submit to the Governor a budget for the State Board of Corrections 
InYestmeflt Operational Support Fund program established in section 1805 biennially 
that clearly identifies the financial contribution required by the State to support the 
aet\ial recommended costs of corrections as established in subsection I-A 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 IflYestmeflt Operational Support Fund program of an amount equal to tfle 
differeflce betweefl the 2007 08 fiscal year's SOUflty jail debt and the amouflt of that 
year's debt paymeflt 10% of the amount of proj ected statewide long-term capital 
improvement plan needs as approved by the board for the succeeding 10 years; aOO 
Sec. 19. 34-A MRS A §1803, sub-§5, ,F, as enacted by PL 2007, c. 653, Pt. A, 
§30, is amended to read: 
F. Promote and support the use of evidence-based practices7; and 
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Sec. 20. 34-A MRSA §1803, sub-§5, ,G is enacted to read: 
G. Consult with mental health and drug abuse experts to assist the board with issues 
related to mental health and drug abuse. 
Sec. 21. 34-A MRSA §1803, sub-§7, as enacted by PL 2007, c. 653, Pt. A, §30, 
is amended to read: 
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 aspeot of the operation 
of detention faoilities or the administration of juvenile community corrections services. 
Nothing in this subchapter authorizes the board to interfere in obligations counties have 
in collective bargaining obligations under Title 26, section 965. 
Sec. 22. 34-A MRSA §1803, sub-§8, as enacted by PL 2007, c. 653, Pt. A, §30, 
is amended to read: 
8. Rulemaking. The board may adopt rules necessary to implement this seotion 
subchapter. Unless otherwise indicated, rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 23. 34-A MRSA §1803-A, sub-§3, as enacted by PL 2011, c. 374, §15, is 
amended to read: 
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 board7, including: 
A. Reviewing and making recommendations concerning proposed county corrections 
budgets: 
B. Preparing the board budget: 
C. Coordinating and compiling the long-term capital improvement plans submitted 
by the counties into a single budget document; 
D. 
Preparing proposed goals, objectives for performance metrics and reports 
concerning the county correctional facilities: and 
E. Developing recommendations with respect to contracts, services, standards and 
other matters within the jurisdiction of the board as the board may direct. 
The executive director may appoint a financial analyst to assist with the work of the 
board. The executive director may request the assistance of the board, the Office of the 
Attorney General and other agencies of the State or the counties whenever necessary. 
The executive director and the commissioner shall enter into a written memorandum of 
understanding regarding the relationship of the board and its staff to the department. 
Sec. 24. 34-A MRSA §1803-A, sub-§4 is enacted to read: 
4. Compensation. The board shall set the compensation for the executive director 
and the financial analyst appointed under subsection 3. 
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I 
Sec. 25. 34-A MRSA §1805, as amended by PL 2009, c. 213, Pt. GGG, §5 and 
affected by §7 and amended by c. 391, §15, is further amended to read: 
§1805. State Board of Corrections Operational Support Fund program 
1. Program established. The State Board of Corrections Investment Operational 
Support Fund program, referred to in this section as "the program," includes General 
Fund accounts and Other Special Revenue Funds accounts for the purposes specified in 
this section. 
2. Expenditures of program. Except as otherwise provided in this section, funding 
of the program may be e](pended only to compensate county governments and the 
department for costs approved by the board and the Legislature Upon approval by the 
board, program funds may be used for personnel, goods and services, including, but not 
limited to, motor vehicles, information technologies and office equipment, that do not 
exceed $50,000 per item. 
3. 
Sources of funding. 
The State Controller shall credit to the Other Special 
Revenue Funds accounts of the program: 
A. 
Any net county assessment revenue pursuant to Title 3D-A, section 701, 
subsection 2-A in excess of county jail appropriations in counties where jails or 
correctional services have been closed or downsized; 
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 
county or regional jail remains with the county's or regional jail authority's 
correctional services fund balance; 
D. 
Money from any other source, whether public or private, designated into or 
credited to the Other Special Revenue Funds accounts of the program; and 
E. 
Interest earned or other investment income on balances in the Other Special 
Revenue Funds accounts of the program. 
4. Unencumbered balances. Any unencumbered balance in General Fund accounts 
or Other Special Revenue Funds accounts 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 chair of the State Board of Corrections. The chair of the board 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. 
County correctional budget savings. 
In the first fiscal year in which any 
unencumbered balance in the corrections-related account of a county arises out of savings 
realized during the course of that fiscal year, that county may retain the unencumbered 
balance for future corrections-related purposes without offset of the state funds that 
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would otherwise be due that county. A county shall submit to the board 10% of any 
unencumbered balance realized in a subsequent fiscal year and the remaining 
unencumbered balance must be used by the county as provided in this subsection. 
Sec. 26. 34-A MRSA §1806, sub-§7, as amended by PL 2009, c. 213, Pt. GGG, 
§6 and affected by §7, is further amended to read: 
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 
State Board of Corrections Investment Operational Support Fund program that is 
administered by the board. 
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 
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. 
Sec. 27. 34-A MRSA §§1808 to 1815 are enacted to read: 
§1808. Financial data 
1. 
Develop a plan. 
The board shall develop a plan, policies and procedures 
regarding the collection, analysis and interpretation of financial data. 
2. Develop a guidance document for counties. The board shall develop a guidance 
document for the counties regarding: 
A. Coding expenses; 
B. Submission of emergency requests; 
C. Submission of budgets; 
D. Implementing the board's fiscal policies; 
E. 
Developing methods and costs that can be used to compare costs within the 
county corrections system and averaged system-wide for the county jail facilities; and 
F. 
Any other policies and procedures that the board considers important to 
facilitating the counties' ability to comply with the board's needs. 
3. Develop a fund balance policy. The board shall develop a fund balance policy 
consistent with the provisions of Title 30-A, section 924, subsection 2 to allow counties 
to reserve cash for their corrections needs as long as the needs reflect the policies and 
priorities of the board. The policy must include incentives for counties to save money. 
The board shall regularly assess fund balances, and any transfers of fund balances must 
be approved by the board. 
4. 
Board contracts with the counties. 
The board may develop and execute 
contracts between the board and the counties. The contracts may provide for the use of 
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state funds, board and county responsibilities and any other provISIons the board 
determines necessary. 
§1809. Application for other funds 
The board may accept funds and apply for grants and other funds to implement 
statewide or multicounty corrections initiatives, including, but not limited to, 
programming, technology, innovation and other initiatives to create a statewide county 
jail system. 
§1810. Budget format 
1. Creation of the county budget. The board shall develop and implement a budget 
format for county jails and a budget process that follows the same format and process that 
the State Budget Officer uses for the General Fund budget and for the department. 
2. Baseline budget and budget initiatives. The board shall create a baseline budget 
for funding the county jails and new funding initiatives that define the need for funding 
decreases or increases. The board shall transmit budget instructions from the Department 
of Administrative and Financial Services to the county commissioners, who shall submit 
the budgets for their respective counties to the board. The budget instructions must 
include a budget growth factor consistent with the provisions of Title 30-A, section 710, 
subsection I-A that the Department of Administrative and Financial Services has 
9 
approved. 
3. Single chart of accounts. The board shall establish a single chart of accounts for 
county corrections-related expenditures consistent with state General Fund standards and 
practices. All county jail budgets must be based and submitted on a state fiscal year 
basis. 
4. Standardized format and data. The board shall adopt rules with respect to the 
standardized format and data to be used in county jail budgets and record keeping. The 
board shall ensure consistency in all county jail budgets to facilitate comparisons among 
county budgets and benchmarking. 
5. Funding allocation among county jails. The board shall develop and approve a 
formula for allocating funding to the county jails. In determining the funding allocation 
formula, the board shall adopt rules that include, but are not limited to, rules regarding: 
A. Jail size; 
B. The number of beds; 
C. The age of a facility; 
D. Historic costs; 
E. Management information system upgrades; and 
F. Any other criteria determined necessary by the board. 
§1811. County Corrections Capital Improvement Fund 
1. Fund established. The County Corrections Capital Improvement Fund, referred 
to in this section as "the fund," is established. 
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2. Capital investment plan; capital expenditure budget. The board shall prepare a 
10-year system-wide capital investment plan to be used to determine capital projects that 
can be funded for each county jail facility from the fund. The board shall report on the 
status of the capital investment plan to the Legislature by no later than January 15th of 
each first regular session of the Legislature. The board shall contract with an independent 
entity with expertise in developing a capital investment plan for correctional facilities to 
assist in developing the plan. 
The board shall develop a capital expenditure budget for each county jail facility based on 
the capital investment plan to be submitted by each county with the operational budget 
for inclusion in the biennial budget or as required by the State Budget Officer. 
3. Budget growth factor. The capital expenditure budget under subsection 2 must 
include a budget growth factor pursuant to Title 30-A, section 710, subsection I-A that is 
approved by the Department of Administrative and Financial Services. 
4. Rules. The board shall adopt rules governing the capital expenditure budget that 
take into consideration but are not limited to the following: 
A. The age of the county jail facility; 
B. The condition of the county jail facility; 
C. Inmate and employee safety; 
D. The needs of the system-wide correctional system; 
E. Improvements necessary for the county jail facility to be more efficient; and 
F. Any other criteria the board determines necessary. 
5. Verification of emergency capital requests. In cases of emergency, if there are 
insufficient funds in the fund and in the retained funds of the affected county, the board 
may approve transfer of funds from the State Board of Corrections Operational Support 
Fund program. 
The board shall verify emergency capital requests based on criteria 
established by the board. The board shall: 
A. Develop a uniform request form; 
B. Require backup information documenting the emergency; and 
C. Require evidence that the county used the most efficient procurement process 
possible under the emergency circumstances. 
6. Reports to the board. Any payments made from the State Board of Corrections 
Operational Support Fund program that are not required to be approved by the board must 
be reported to the board in advance and included in financial reports on the State Board of 
Corrections Operational Support Fund program. 
§1812. Use offunds 
1. Restriction on use of funds. Property tax revenues for the support of county jails 
pursuant to Title 30-A, section 701, subsection 2-A and the State Board of Corrections 
Operational Support Fund program may be used only for county jail operations. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ~"to S.P. 730, L.D. 1824 
2. Fund balances. Fund balances remaining at the end of any fiscal year do not 
lapse but are carried forward for the benefit of the county jails that created the surplus. 
3. 
Capital funds. 
Capital funds appropriated or allocated through the Capital 
Investment Fund or from other sources may be used only for approved capital investment 
purposes as determined by the board. 
4. Inmate boarding revenues. Except as provided in this subsection, federal or 
state inmate boarding revenues are retained by the county jail facility generating the 
funds and are not offset against the state appropriation otherwise due that county under 
the approved allocation formula. Federal inmate boarding revenues are retained by the 
county up to budgeted amounts approved as part of the county correctional services 
budget procedure pursuant to Title 30-A, section 710 and the remaining federal revenues 
must be used as follows: 
A. A county jail holding jail debt on or before July 1, 2008 shall transfer 25% of any 
remaining federal revenue to the County Corrections Capital Improvement Fund 
under section 1811 and apply 75% to the jail debt until the full discharge of that debt. 
B. A county jail without any jail debt must transfer 75% of any remaining federal 
revenues to the County Corrections Capital Improvement Fund under section 1811. 
5. Allocation of funds on quarterly basis. The board shall distribute allotments of 
funds quarterly, together with a report of the financial status of each county jail facility. 
The board may curtail funds as necessary to address shortfalls. The board may request 
the State Budget Officer to transfer funds from one quarter to another to meet the needs 
of county jails. 
6. Revenue and expenditure reports. A county jail facility shall send a report of 
revenues generated and expenses incurred by the county jail to the board on a monthly 
basis and in the format prescribed by the board. 
§1813. Monitoring performance 
The board may monitor the operational, programmatic and financial performance of 
each county jail facility and establish appropriate metrics and data collection 
requirements to compare the counties among themselves and with other appropriate 
jurisdictions. The board shall require timely reporting of the data collected in a consistent 
format. 
§1814. Enforcement authority 
1. Board actions. A county jail that violates a provision of this subchapter may be 
subject to the following as determined by the board: 
A. Holding in escrow appropriations otherwise due to a county jail; 
B. Making a county jail facility ineligible for participation in programs; 
C. Suspending or denying funding; 
D. Requiring a county jail to transfer funds collected pursuant to Title 30-A. section 
701, subsection 2-A to the State Controller to be credited to the State Board of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 6" to S.P. 730, L.D. 1824 
I 
Corrections Operational Support Fund program in an amount sufficient to cover any 
sums due to the board, the state or the other counties; and 
E. 
If the county jail facility is a habitual violator, restricting or modifying the 
operations of the county jail facility and making a request to the department to take 
over the management and control of the county jail facility and its staff and inmates. 
For purposes of this paragraph, "habitual violator" means a county jail facility with 3 
or more violations of this subchapter. The board shall adopt rules to implement the 
provisions of this paragraph. Rules adopted pursuant to this paragraph are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
A county that violates this subchapter is responsible for all costs incurred by the State or 
other counties as a result of the violation, and the board may reallocate that county's 
appropriations during the time the county remains in violation of this subchapter. 
2. 
Withdrawal from correctional system prohibited. A sheriff or a county 
commissioner may not withdraw a county jail facility from the coordinated correctional 
system or refuse to house any out-of-county inmates except in cases of jail overcrowding 
as determined by the department. Any disagreement or dispute by a county with the board 
is subject to mediation proceedings developed pursuant to this subchapter. This 
subsection does not prohibit a party from petitioning a court for relief at any time. 
For purposes of this section, a violation of this subchapter includes a violation of a 
rule adopted by the board pursuant to this subchapter. 
§1815. Program incentives 
The board may provide funding to a county to support innovative or efficient 
programs for meeting needs of a county jail facility identified by the county or the board. 
Sec. 28. Use of electronic technology. The State Board of Corrections shall 
work with the judicial branch to use electronic technology whenever possible to reduce 
the level of physical transfer of inmates between a county jail facility and a court. The 
board shall report its progress on the use of electronic technology to the joint standing 
committee of the Legislature having jurisdiction over criminal justice and public safety 
matters by February 28,2015. 
Sec. 29. Rename program; State Board of Corrections. Notwithstanding 
any other provision of law, the State Board of Corrections Investment Fund program 
within the State Board of Corrections is renamed the State Board of Corrections 
Operational Support Fund program. 
Sec. 30. Appointment of members to the State Board of Corrections; 
transitional members of board. Members for the 5 positions on the State Board of 
Corrections as described in the Maine Revised Statutes, Title 34-A, section 1802, 
subsection 1 must be appointed as provided in Title 34-A, section 1802, subsection 1. 
Notwithstanding Title 34-A, section 1802, on the effective date of this Act, the State 
Board of Corrections consists of the following 5 members: 
1. The most recently appointed member representing sheriffs; 
2. The most recently appointed member representing county commissioners; 
3. The 2 members representing the executive branch; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 6" to S.P. 730, L.D. 1824 
4. The most recently appointed member representing the public. 
The 5 members of the State Board of Corrections on the effective date of this Act as 
described in subsections 1 to 4 may remain on the State Board of Corrections until the 
member or the member's successor is appointed and confirmed. 
Sec. 31. Appropriations and allocations. The following appropriations and 
allocations are made. 
CORRECTIONS, STATE BOARD OF 
State Board of Corrections Investment Fund Z087 
Initiative: Provides one-time funding for an anticipated shortfall in fiscal year 2013-14. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
State Board of Corrections Investment Fund Z087 
2013-14 
$1,200,000 
$1,200,000 
2014-15 
$0 
$0 
Initiative: Provides one-time funding to contract for a 10-year system-wide capital 
improvement plan for the purpose of determining capital needs in each jail. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
State Board of Corrections Investment Fund Z087 
2013-14 
$0 
$0 
2014-15 
$225,000 
$225,000 
Initiative: Adjusts funding to bring allocations in line with available resources projected 
by the Revenue Forecasting Committee for fiscal years 2013-14 and 2014-15. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
CORRECTIONS, STATE BOARD OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
2013-14 
$3,806 
$3,806 
2013-14 
$1,200,000 
$3,806 
COMMITTEE AMENDMENT 
2014-15 
($7,696) 
($7,696) 
2014-15 
$225,000 
($7,696) 
COMMITTEE AMENDMENT "t3" to S.P. 730, L.D. 1824 
DEPARTMENT TOTAL - ALL FUNDS 
$1,203,806 
$217,304 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment is the minority report and replaces the bill. It makes the following 
changes to the process for approving county correctional budgets and to the authority of 
the State Board of Corrections. 
1. It makes annual adjustments to the amount counties collect from municipalities for 
correctional services based on the Consumer Price Index. 
2. It clarifies that the correctional services budget does not include county jail debt. 
3. It establishes a growth factor for county correctional budgets that is equivalent to 
the growth limitation factor established in the Maine Revised Statutes, Title 30-A, section 
706-A. 
4. It requires the State Board of Corrections to approve a county budget that does not 
exceed the budget growth factor that is calculated on the total county budget that includes 
both the state and county share of the budget. 
5. It authorizes the State Board of Corrections to manage county inmate bed space 
and direct the transfer of inmates between county jails. If the State Board of Corrections 
fails to manage inmate bed space or inmate transfers or if the State Board of Corrections 
requests that the Commissioner of Corrections take on one or more of these functions and 
the commissioner agrees, it authorizes the Commissioner of Corrections to perform these 
functions. 
6. It clarifies the purpose of the State Board of Corrections to promote public safety 
and establish and implement a unified and efficient county jail system. 
7. It adds to the list of goals for the State Board of Corrections benchmarks for 
performance that include increased standardization, economies of scale, a long-term 
capital improvement budget, addressing mental health and substance abuse issues and 
best practices used at the national level. 
8. It changes the membership of the State Board of Corrections from 9 members to 5 
members to include one sheriff, one county commissioner, two representatives of the 
executive branch and one member representing the public. It also repeals the requirement 
that one member must have expertise in mental health issues and directs the State Board 
of Corrections to consult with mental health and drug abuse experts to assist the board 
with issues related to mental health and drug abuse. 
9. It allows the State Board of Corrections to enter into contracts on behalf of county 
jails and regional jails for goods and services and requires the counties to meet the terms 
of the contract and pay their pro rata share. 
10. It amends the responsibilities of the Executive Director of the State Board of 
Corrections to include reviewing and making recommendations concerning the proposed 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "6" to S.P. 730, L.D. 1824 
I 
county corrections budgets; preparing the State Board of Corrections budget; 
coordinating the long-term county improvement plans into a single document; and 
preparing performance metrics. It also allows the executive director to appoint a financial 
analyst to assist the State Board of Corrections. 
11. It provides that a county may exceed the budget growth factor as applied to 
personnel costs but may not exceed the county's overall budgeted growth factor cap. 
12. It requires the State Board of Corrections to adopt and enforce standards related 
to the efficiency of the county correctional system including information systems, 
security equipment, inmate classification, pretrial services, staffing qualifications and 
staffing levels, ratios of personnel across different levels of command and other matters 
related to construction, maintenance and operations. 
13. It requires the State Board of Corrections to receive and review all reports and 
results of county j ail inspections conducted by the Department of Corrections. 
14. 
It provides that the laws governing the State Board of Corrections do not 
authorize it to engage in collective bargaining obligations under the Maine Revised 
Statutes, Title 26, section 965. 
15. It changes the name of the State Board of Corrections Investment Fund program 
to the State Board of Corrections Operational Support Fund program. 
16. It provides that expenditures from the State Board of Corrections Operational 
Support Fund program are only for expenses approved by the board for personnel, goods 
and services, including, but not limited to, motor vehicles, information technologies and 
office equipment, that do not exceed $50,000 per item. 
17. It provides that in the first fiscal year in which any unencumbered balance in the 
corrections-related account of a county arises out of savings realized during the course of 
that fiscal year, the county may retain the unencumbered balance for future corrections-
related purposes; however, 10% of savings in any subsequent fiscal year must be 
submitted to the State Board of Corrections. 
18. It creates the County Corrections Capital Improvement Fund and requires the 
State Board of Corrections to prepare a 10-year system-wide capital investment plan with 
the assistance of an independent entity for the purpose of determining capital projects that 
can be funded for each county jail facility from the fund. 
19. It directs the State Board of Corrections to contract with an independent entity 
with expertise in developing a capital investment plan for correctional facilities to assist 
in developing the 10-year system-wide capital investment plan. 
20. It requires the State Board of Corrections to report on the status of a capital 
investment plan to the Legislature by no later than January 15th of each first regular 
session of the Legislature. 
21. It requires the State Board of Corrections to develop a capital expenditure budget 
for each county jail facility based on a capital investment plan to be submitted by each 
county with the operational budget for inclusion in the biennial budget or as required by 
the State Budget Officer. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "'8" to S.P. 730, L.D. 1824 
22. It establishes a uniform method of accounting and budgeting for county jail 
facilities. 
23. It provides that federal or state inmate boarding revenues are retained by the 
county jail facility generating the funds and are not offset against the state appropriation 
otherwise due that county under the approved allocation formula. 
24. For remaining federal revenues, it provides that federal inmate boarding revenues 
are retained by the county up to budgeted amounts approved as part of budgeted county 
correctional services. It requires a county jail holding jail debt on or before July 1, 2008 
to transfer to the County Corrections Capital Improvement Fund 25% of any remaining 
federal revenue and apply 75% to the jail debt until the full discharge of that debt. A 
county jail without any jail debt must transfer 75% of any remaining federal revenue to 
the County Corrections Capital Improvement Fund. 
25. It clarifies that any county that has realized savings may retain those savings for 
future corrections-related services without the State's withholding funds that it would 
otherwise have allocated to that county. 
26. It gives the State Board of Corrections enforcement authority by allowing it to 
hold funding in escrow for violations of rules, declare a county jail facility ineligible for 
participation in programs, suspend or deny funding and restrict or modify the operations 
of a county jail facility identified as a habitual violator. 
27. It allows the State Board of Corrections to accept funds and apply for grants. 
28. It prohibits a sheriff and a county commissioner from withdrawing from the 
coordinated correctional system or refusing to house any out-of-county inmates except in 
cases of jail overcrowding. It also provides that a disagreement or dispute with the State 
Board of Corrections is subject to mediation. 
29. It establishes that the State Board of Corrections has the authority to monitor the 
operational, programmatic and financial performance of each county jail facility. 
30. It requires the State Board of Corrections to work with the judicial branch to use 
electronic technology whenever possible to reduce the level of physical transfer of 
inmates between a county jail facility and a court and report to the joint standing 
committee of the Legislature having jurisdiction over criminal justice and public safety 
matters regarding the progress in implementing electronic technologies. 
31. 
It provides an appropriations and allocations section for the State Board of 
Corrections Operational Support Fund and to continue funding for a financial analyst 
position. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/08114 frac:.. 
LD 1824 
LR 2302(03) 
An Act To Provide Additional Authority to the State Board of Corrections 
Fiscal Note for Bill as Amended by Committee Amendment 'e;' (5- 51~ ) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
Projections 
FY 2015-16 
Projections 
FY 2016-17 
Net Cost (Savings) 
General Fund 
$1,200,000 
$225,000 
$0 
$0 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
$1,200,000 
$3,806 
$225,000 
($7,696) 
$0 
($7,696) 
$0 
($7,696) 
Fiscal Detail and Notes 
This bill includes a one-time General Fund appropriation of$I,200,000 in fiscal year 2013-14 to the State Board of 
Corrections to address an anticipated shortfall and a one-time appropriation of $225,000 in fiscal year 2014-15 for the 
development of an independent system-wide capital improvement plan. It does not address supplemental funding 
needs in fiscal year 2014-15. It establishes a budget growth factor that will likely increase the state share of county 
j ail costs. The value of the growth factor using estimated fiscal year 2012-1013 and fiscal year 2013-14 data exceeds 
$1,900,000. The exact amount required will vary each year. 
This bill allows counties to retain savings realized during the course of the fiscal year rather than returning the funds 
to the State Board of Corrections and may increase the amount of General Fund appropriations required in any given 
fiscal year. It also allows counties to retain funds received from boarding federal or state inmates. These funds are to 
be used to discharge debt and as a source of funds to establish a County Corrections Capital Improvement Fund. 
These revenues had been available to reduce the amount of state funding needed to support county jail operational 
costs. 
This bill also authorizes an increase in the county tax levy for correctional services based on the consumer price 
index. An increase of 1.37% would result in an increase of$851,761. The exact amount of the increase will vary 
every year. 
LR2302(03) - Fiscal Note - Page 1 of 1