An Act Regarding Appointments of Certain Positions in the Department of Corrections
Maine Legislature, Session 126, LD 1616
Committee: Criminal Justice and Public Safety
Sponsors: DION, PLUMMER
Amends: 34-A MRSA §1403, 34-A MRSA §3001, 34-A MRSA §5402

Legislative Document 
No. 1616 
H.P. 1188 
House of Representatives, December 30, 2013 
An Act Regarding Appointments of Certain Positions in the 
Department of Corrections 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DION of Portland. 
Cosponsored by Senator PLUMMER of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-A MRSA §1403, sub-§2, as amended by PL 2001, c. 386, §11, is 
further amended to read: 
2.  Appointments. The commissioner's appointment powers are as follows. 
A.  The commissioner may appoint, subject to the Civil Service Law and except as 
otherwise provided, any employees who may be necessary, including those 
intermittent employees as defined in Title 5, section 7053 needed to offset the 
overtime costs related to unscheduled, unanticipated overtime.  These intermittent 
positions in the institutional services unit must be identified through a separate 
agreement with labor and may be used only at preidentified posts and work sites.  
Use of intermittent employees for the purposes of overtime must be governed by an 
agreement between the parties. 
B.  The commissioner may appoint and set the salary for 3 one deputy commissioner 
and 2 associate commissioners to assist in carrying out the responsibilities of the 
department. 
(1)  An appointment is for an indeterminate term and until a successor is 
appointed and qualified or during the pleasure of the commissioner.  
(2)  To be eligible for appointment as the deputy commissioner or an associate 
commissioner, a person must have training and experience in general 
management. 
(3)  The deputy commissioner has the powers, duties, obligations and liabilities 
of the commissioner when the commissioner is unable to perform the duties of 
the office. 
C.  The commissioner shall appoint the following officials to serve at the pleasure of 
the commissioner: 
(1)  Associate Commissioner for Adult Services; 
(1-A)  Associate Commissioner for Juvenile Services; and 
(3)  Associate Commissioner for Legislative and Program Services. 
D.  The commissioner may appoint and set the salary for a director of operations, a 
policy development coordinator and a media and public information officer to assist 
in carrying out the responsibilities of the department.  An appointment is for an 
indeterminate term and until a successor is appointed and qualified or during the 
pleasure of the commissioner. 
Sec. 2.  34-A MRSA §1403, sub-§3, as amended by PL 1995, c. 502, Pt. F, §19, 
is further amended to read: 
3.  Delegation. The commissioner's delegation powers are as follows. 
A.  Unless a specific statute otherwise directs, the commissioner may delegate 
powers and duties given under this Title to the deputy commissioner, associate 
commissioners, chief administrative officers and regional correctional administrators. 
B.  The commissioner may empower the deputy commissioner, associate 
commissioners, chief administrative officers and regional correctional administrators 
to further delegate powers and duties delegated to them by the commissioner. 
B-1.  Unless a specific statute otherwise directs, the commissioner may empower 
chief administrative officers to delegate powers and duties given to them by chapter 3 
and may empower regional correctional administrators to delegate powers and duties 
given to them by chapter 5. 
C.  An The deputy commissioner, an associate commissioner or associate 
commissioners may be designated to assist in the development of community 
correctional programs at the county level and to coordinate activities of the 
department with each county and any county correctional advisory groups.  The 
deputy commissioner, associate commissioner or associate commissioners may 
appoint staff to assist in carrying out this paragraph. 
Sec. 3.  34-A MRSA §3001, sub-§1, as amended by PL 1999, c. 583, §5, is 
further amended to read: 
1.  Appointment.  The commissioner may appoint chief administrative officers as 
necessary for the proper performance of the functions of the department, subject to the 
Civil Service Law.  An appointment is for an indeterminate term and until a successor is 
appointed and qualified or during the pleasure of the commissioner. 
A.  To be eligible for appointment as a chief administrative officer, a person must be 
experienced in the correctional management of the particular type of facility to which 
that person is assigned. 
B.  Chief administrative officers shall report directly to the commissioner or to the 
deputy commissioner or to an associate commissioner if so directed by the 
commissioner. 
Sec. 4.  34-A MRSA §5402, sub-§2, ¶B, as amended by PL 2013, c. 133, §28, is 
further amended to read: 
B.  Appoint, subject to the Civil Service Law, regional correctional administrators, 
field probation and parole officers, juvenile community corrections officers and such 
other employees as may be required to carry out adequate supervision of all 
probationers, parolees from the correctional facilities and other persons placed under 
the supervision of an employee listed in this paragraph; 
Sec. 5.  34-A MRSA §5402, sub-§3, ¶A-1 is enacted to read: 
A-1.  Appoint regional correctional administrators as necessary for the proper 
performance of the functions of the department.  An appointment is for an 
indeterminate term and until a successor is appointed and qualified or during the 
pleasure of the commissioner. 
(1)  To be eligible for appointment as a regional correctional administrator, a 
person must be experienced in correctional management. 
(2)  A regional correctional administrator shall report directly to the 
commissioner or to the deputy commissioner or an associate commissioner if so 
directed by the commissioner. 
SUMMARY 
This bill eliminates one associate commissioner position and creates a deputy 
commissioner position in the Department of Corrections, and it changes the positions to 
be appointed by the Commissioner of Corrections.  It authorizes the commissioner to 
appoint regional correctional administrators as necessary.