An Act To Reverse Jail Consolidation
Maine Legislature, Session 127, LD 0186
Committee Amendment CA_A-SA_A_S309 (Senate)

SENATE AMENDMENT" A- " to COMMITTEE AMENDMENT "A" to S.P. 61, 
L.D. 186, Bill, "An Act To Reverse Jail Consolidation" 
Amend the amendment in the 3rd paragraph in the 2nd line (page I, line 16 in 
II 
amendment) by inserting after the following; "sheriffs" the foIlowing; 'and fiscal 
oversight by the county commissioners' 
Amend the amendment in section 2 in subsection 3-A in the last paragraph in the last 
line (page 2, line 6 in amendment) by inserting after the following; "~" the following: 
'Distributions from the fund must be made in accordance with Title 34-A, section 
1210-D, subsection 4. 
Amend the amendment in section 15 in §1557-B by striking out a1\ of subsection 3 
(page 3, lines 31 to 36 and page 4, lines 1 to 20) and inserting the following; 
'3. Reimbursement. Reimbursement for the support of a prisoner who is transferred 
by a sending jail to a receiving jailor the Department of Corrections is subject to the 
provisions of this s\lbsection. 
A. The sending jail shall pay to the receiving jailor the Department of Corrections 
an amount computed per diem per prisoner and agreed upon between the 2 jails or 
between the jail and the department, except that the amount may not exceed $108 per 
diem per prisoner. 
B. 
The sending jail shall reimburse the receiving jailor the Department of 
Corrections for any costs incurred in the pr()vision of extraordinary medical or 
surgical treatment for conditions of the prisoner that existed pri~r to transfer. 
C. Payment amounts urovided for in this subsection may be adjusted or dispensed 
with upon terms mutually agreeable to the sheriff of the sending jail and the sheriff of 
the receiving jail or the Department of Corrections.' 
Amend the amendment by inserting after section 21 the following: 
'Sec. 22. 30~A lVlRSA §1662 is enacted to read: 
SENA TE AMENDMENT 
SENATE AMENDlvlENT" A" to COMMITTEE AMENDMENT "A" to S.P. 61, LD. 186 
As used in this chapter unless the context otherwise indicates, the term "jail" means a 
county jail that is in the custody and charge 0 f a sheriff pursuant to section 1501 and a 
multicounty jail that is the responsibility of a jail authority pursuant to chapter 17. 
Sec. 23. 34-A MRS A §1001, sub-§10-13 is enacted to read: 
10-B. Jail. "Jail" means a county jail that is in the custody and charge of a sheriff 
purs\lant to Title 30-A, section 1501 and a multicounty jail that is the responsibility of a 
jail authority pursuant to Title 30-A, chapter 17.' 
Amend the amendment in section 23 in § 121 O-D by striking out all of subsection 4 
(page 7, lines 11 to 27 in amendment) and inseliing the following: 
'4. Distribution. Beginning July 1, 2015 and annually ther.eafter, the del(artment 
shall distribute t9 the counties from the fund amounts based on a formula that is 
established by rule adopted by the department. Rules adopted pursuant to this subsectiQ1l 
are routine technical rules as defined by Title 5, chapter 375, Sllbchapter 2-A. The 
fOI111Ula established by D,lie must rely on data sybmitted b~ails in a standardized 
fonnat as required by the department, must be based on the current fiscal year for which 
data is available and must: 
A. Calculate the total statewide county jail prisoner days for all jails; 
B. Assign to each jail the number of county jail prisoner days, based on the number 
of prisoners imprisoned or detained at the jail plus the number boarded at another jail 
or at a department correctional facility, but not including federal prisoners; 
~ 
reference to the amount appropriated to the fund pursuant to subsection I, 
determine the rate per day per prisoner for each jail; and 
D. 
Determine the reimbursement amount for each county based on factors in 
paragraphs A to C.' 
Amend the amendment in section 24 by striking out all of subsection 12 (page 7, 
lines 35 to 40 in amendment) and inserting the following: 
'12. 
County jail funding; multicounty jail funding. 
The commissioner shall 
receive, administer and distribute to the county jails and the multicounty jail funding 
provided through the General Fund, Other Special Revenue Funds and any federal and 
grant funds in accordance with section 1210-D and Title 30-A, section 1659-A. The 
depaliment shall make distributions to each jail during the first 10 days of each calendar 
quarter as required by section 1210-D and 
as may be adjusted pursuant to section 
1208-B, subsection 1, paragraph B.' 
Amend the amendment in section 29 in §3063-C by striking out all of subsection 3 
(page 8, lines 30 to 42 and page 9, lines 1 to 8 in amendment) and inserting the following; 
'3. Reimbursement. Reimbursement for the support of a prisoner who is trans felTed 
by the Commissioner of Conections to a jail is subject to the provisions of this 
subsection. 
SENA TE AMENDMENT 
SENATE AMENDMENT" A" to COMMITTEE AMENDMBNT "A" to S.P. 61, L.D. 186 
A. The department shall pay to the receiving jail an amount comRuted per diem per 
prisoner and agreed up-on between the department and the jaiL eXCGpt that the amount 
may not exceed $108 per diem per Rrisoner. 
B. The department shall reimburse the jail for any costs incurred in the provision of 
extraordinalymedical or surgical treatment for conditions of thy prisoner that existed 
prior to transfer. 
C, Payment amounts provided for in this subsection may be adjusted or dispensed 
with upon tenl1S mutually agreeable to the department and the sheriff of the receiving 
jail.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively, 
SUMMARY 
This amendment does the following; 
1, It defines "jail" to mean a county jail or a multicounty jail; 
2, It clarifies the fonnula to be used to determine the distribution of General Fund 
funding to each county to support its jail; 
3, It clarifies the calculation of payments among the jails and the Department of 
COlTections for prisoners transfened from one facility to another; and 
4, It requires that the Departme 
of Corrections distribute the funding to the county 
jail, and the mu!ticou . 
~n the :r:tr/ays of the "lender quarter, 
SPONSORED BY. '¥"'~f-----+-==-___ x. 
______ _ 
(Senator DAVIS, SR.) 
COUNTY: Piscataquis 
SENA TE AMENDMENT