An Act To Reverse Jail Consolidation
Maine Legislature, Session 127, LD 0186
Committee Amendment CA_B_S305 (Senate)
Amends: 5 MRSA §12004-G, 34-A MRSA §1801, 34-A MRSA §1802

COMMITTEE AMENDMENT" (9 "to S.P. 61, L.D. 186, Bill, "An Act To Reverse 
Jail Consolidation" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Membership and Quorum of the State Board of Corrections 
and Appropriate Funding for Fiscal Years 2015-16 and 2016-17' 
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, for the continued stable and effective operation of the jails of this State, 
the composition of the State Board of Corrections must be amended, the quorum must be 
changed to a workable number, a member must be appointed chair of the board by 
operation oflaw and funding must be provided by July 1,2015; 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. 5 MRSA §12004-G, sub-§6-C, as enacted by PL 2007, c. 653, Pt. A, §3, 
is amended to read: 
6-C. 
Corrections 
State Board of 
Corrections 
Expenses Only Not 
Authorized 
34-A MRSA §1801 
COMMITTEE AMENDMENT 
',~ 
.;; .,. Ii' 
l~ '.} 
5' 
19[ 
COMMITTEE AMENDMENT" e;," to S.P. 61, L.D. 186 
Sec. 2. 34-A MRSA §1802, as amended by PL 2013, c. 598, §11, is further 
amended to read: 
§1802. Board membership 
1. Appointments. The board consists of §. 1 members whe. The appointments made 
under paragraphs A and Bare appoiHted by the Governor. Eaoh appoiHtmeHt 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, exoept those 
members appoiHted pursuaHt to paragraph C. The followiHg provisioHS govern member 
qualifioatioHs membership of the board is as follows: 
A. 
One member appointed by the Governor must be a sheriff nominated by a 
statewide organization representing sheriffs; 
B. 
One member appointed by the Governor must be a county commissioner 
nominated by a statewide organization representing county commissioners; 
G. TV/O members must be representatives of the exeoutive branoh and at least OHe of 
the 2 must be from the department; and 
E. 
OHe member must be broadly represeHtative of the publio. 
The member 
appoiHted under this paragraph may Hot be an eleoted state or oounty offioial or 
muHioipal offioer and may not derive inoome in substantial portion from "'lork as aH 
employee of a state, oounty or muHioipal government or iH the field of oorreotions. 
F. The commissioner; 
G. 
The Commissioner of Administrative and Financial Services or the 
commissioner's designee; 
H. The Commissioner of Public Safety or the commissioner's designee; 
1. The Chief of the State Police or the chiefs designee; and 
J. The Commissioner of Health and Human Services, who shall serve as a nonvoting 
member, or the commissioner's designee. 
2. 
Terms. 
Members of the board who are appointed by the Governor under 
paragraphs A and B serve at the pleasure of the Governor and~ must be appointed for 3-
year terms. A member and may continue to serve until that member's replacement is 
appointed and confirmed. A vacancy must be filled for the remainder of the unexpired 
term. Members who are appointed by the Governor under paragraphs A and B may be 
reappointed. Members of the board who serve pursuant to subsection 1, paragraphs F to J 
serve as ex officio members. 
3. Chair. The beard- Commissioner of Corrections shall seleot a ohair from among 
its membership. A ohair may serve as chair for more than one term. 
4. Compensation. Members of the board are not entitled to compensation aooording 
to the provisions of Title 5, seotion 12004 G, subseotion 6 C. 
5. 
Assistance. 
The department shall provide administrative support for the 
operations of the board, including but not limited to filing public notices, taking meeting 
minutes and recording decisions. 
COMMITTEE AMENDMENT 
,i, ~" 
~ " 
" 
\ 
COMMITTEE AMENDMENT "e, "to S.P. 61, L.D. 186 
6. Board meetings. The board shall meet at least 4 times per year and as often as 
necessary at the discretion of the chair. Any 3 members of the board may call a meeting. 
7. Quorum. TVlO tHirds of the Three members of the board constittlte a quomm for 
purposes of voting, 2/3 of the members oonstitute a quorum for purposes of and 
mlemaking and ~ 2. members constittlte a quorum for subcommittee hearings held by the 
board that do not involve decision making. 
8. Records and meetings. All meetings and records of the board are subject to the 
provisions of Title 1, chapter 13. 
Sec. 3. Transition. Notwithstanding the Maine Revised Statutes, Title 34-A, 
section 1802, subsection 2, the terms of those members of the State Board of Corrections 
serving on the effective date of this Act expire upon the effective date of this Act. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment is the minority report of the committee. This amendment replaces 
the bill. The amendment adds an emergency preamble and emergency clause to the bill. 
The amendment changes the membership and quorum of the State Board of Corrections. 
The amendment does the following. 
1. It changes the composition of the State Board of Corrections, adding 5 members 
as follows: the Commissioner of Administrative and Financial Services, the 
Commissioner of Corrections, the Commissioner of Health and Human Services, the 
Commissioner of Public Safety and the Chief of the State Police or the designees of each 
of those persons. It requires the member who represents a statewide organization of 
sheriffs and the member who represents a statewide organization of county 
commissioners to be appointed by the Governor. 
2. It repeals entitlement to compensation for members of the board. 
3. It changes the quorum rules as follows: for voting and mlemaking it changes the 
quorum from 2/3 of the membership to 3 members and for a subcommittee hearing it 
changes the quorum from 3 to 2. 
4. It designates the Commissioner of Corrections as chair. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/17/15 
;'b;1'ac 
LD 186 
LR 378(03) 
An Act To Reverse Jail Consolidation 
Fiscal Note for Bill as Amended by Committee Amendment '0'(5-?fJ5 ') 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with increasing the size of the State Board of Corrections are expected to be minor and 
can be absorbed by the member agencies utilizing existing budgeted resources. 
LR0378(03) - Fiscal Note - Page 1 of 1