An Act To Reverse Jail Consolidation
Maine Legislature, Session 127, LD 0186
Committee Amendment CA_A-HA_A_H496 (House)
Amends: 34-A MRSA §1001

HOUSE AMENDMENT "if" 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 1, line 16 in 
amendment) by inserting after the following: "sheriffs" the following: '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 County Jail Operations Fund must be made in accordance with 
Title 34-A, section 121O-D, subsection 4.' 
Amend the amendment in section 15 in §1557-B by striking out all of subsection 3 
(page 3, lines 31 to 36 and page 4, lines 1 to 20 in amendment) and inserting the 
following: 
'3. Reimbursement. Reimbursement for the support of a prisoner who is transferred 
by a sending jail t9 a receiving jail or the Department of Corrections is subject to the 
provisions of this subsection. 
A. The sending jail shall pay to the receiving jail or the Department of Corrections 
an amount computed per diem per prisoner and ~greed 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 jail or the Department of 
Corrections for any costs incurred in the provision of extraordinary medical or 
surgical treatment for conditions of the prisoner that existed prior to transfer. 
C. Payment amounts provided for in this subsection may be adjusted or dispensed 
with upon tenus 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 MRS A §1662 is enacted to read: 
HOUSE AMENDMENT 
'36 
HOUSE AMENDMENT "p" ttl COMMITTEE AMENDMENT "A" to S,P. 61, LD, 186 
81662. Jail defined 
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As used in this chaRter, unless the context otherwise indicates, the term "jail" means a 
county jail that is in the custouy and charge of a sheriff Rursltal1t to section 1501 and a 
multicounty jail that is the re§llollsibility of a jail authority pursuant to chaRter 17. 
Sec. 23. 34-A MRSA §1001, sub-§10-a is enacted to read: 
10-B. Jail. "Jail" means a county jail that is in the cllstody and charge of a sheriff 
purS\l~nt to Title 30"A, section 1501 ~nda m{Jlticounty jail that is the responsibility of a 
jail authority pursuant to Title 30-A, ch~pter 17." 
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, 
' 
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" 
, 
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 inselting the following: 
'4. Distribution. Beginning July 1, 2015 and annually thereafter, the department 
shall 'distribut~ 'to the cou~ties from the fund ~~~' 
b~sed 'on a formula that is 
establi~hed by rule adopted by the department. Rules ad~12tedpursuant to thi~s'~bsection 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A The 
formula established by rule must rely on data submitted by the jails in a standardized 
format 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 jf1il 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 conectional facility, but not including federal prisoners; 
C. By reference to the amount appropriated to the fund pursuant to subsection 1, 
detenuine 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 coul1ty J ails and the multie/ouuty jail, funding 
provided through the General Fund, Other Special Reven.ue Funds and any federal and 
grant funds in accordance with section 1210-D and Title 30-A, section 1659-A. The 
depf1rtm~~t shall make distributions to ~ac~jai1 durillg the fi~st 10 days of each 'calendar 
quarter as required by section 1210-D and as may be adjusted pursuant to section 1208-B, 
subsection 1, p~ragraph 13.' 
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..., 
Amend the amendment in section 29 in §3063-C by striking Qut all of subsection 3 
(page 8, lines 30 to 42 and page 9, lin«s 1 to 8 in amendment) and inserting the following: 
'3. Reimbursement. Reimbursement for the support of a prisoner who is transfened 
by the COlmnissioner of Conections to a jail is subject to the provisions of this 
subsection. 
HOUSE AMENDMENT 
!.] 
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HOUSE AMENDMENT "1'1" to COlvlMTTTEE AMENDlvfENT "A" to SP .. 61, L.D, 186 
A. The department shall pay to the recc;ivillgjail an amount computed per diem per 
J2lisoner and agreed upon betvireen the department and the jail, ex~t that the amount 
may not exceed $108 per diem per 12risoner, 
B. The depmtment shall reimburse the jail for any costs incuned in the provisiori of 
extraordinary medical or surgical treatment for conditions of the prisoner that existed 
prior to transfer. 
C. 
Pay~llent amounts provided for in this subsection may be adiusted or dispensed 
with upon terms mutually agreeable to the department and the sheriff of the receiving 
iail.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part lelter 
or section number to read consecutively. 
SUMMARY 
j 3 
This amendment does the following; 
1. It defines "jail" to mean a county jail or a mUlticounty jail; 
2. It clarifies the formula to be used to detennine the distribution of General Fund 
funding to each county to SUppOlt its jail; 
3. It clarifies the calculation of payments among the jails and the Department of 
Corrections for prisoners transferred_from one facility to another; and 
4. It requires that the Department of Corrections distribute the funding to the county 
jails and the multicounty jail duro g the fir 
days of the calendar quatter. 
SPONSORED BY: ___ --T--~=>""--------
(Representative DEVIN) 
TOWN: Newcastle 
HOUSE AMENDMENT