An Act To Reverse Jail Consolidation
Maine Legislature, Session 127, LD 0186
Committee: Criminal Justice and Public Safety
Sponsors: DAVIS, BLACK, SAVIELLO, WHITTEMORE, BUCKLAND, GILBERT, HEAD, SKOLFIELD, STETKIS
Amends: 1 MRSA §402, 4 MRSA §1057, 5 MRSA §1591, 5 MRSA §12004-G, 14 MRSA §5545, 30-A MRSA §101, 30-A MRSA §406, 30-A MRSA §701, 30-A MRSA §706-A, 30-A MRSA §709, 30-A MRSA §710, 30-A MRSA §932, 30-A MRSA §1557-B, 30-A MRSA §1558, 30-A MRSA §1656, 30-A MRSA §1659-A, 30-A MRSA §1671, 34-A MRSA §1210-D, 34-A MRSA §1210-E, 34-A MRSA §1404, 34-A MRSA §1405, 34-A MRSA §3063, 34-A MRSA §3063-B

Legislative Document 
No. 186 
S.P. 61 
In Senate, January 27, 2015 
An Act To Reverse Jail Consolidation 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator DAVIS of Piscataquis. 
Cosponsored by Representative BLACK of Wilton and 
Senators: SAVIELLO of Franklin, WHITTEMORE of Somerset, Representatives: 
BUCKLAND of Farmington, GILBERT of Jay, HEAD of Bethel, McCABE of Skowhegan, 
SKOLFIELD of Weld, STETKIS of Canaan. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA §402, sub-§3, ¶Q, as amended by PL 2013, c. 339, §1, is further 
amended to read: 
Q.  Security plans, staffing plans, security procedures, architectural drawings or risk 
assessments prepared for emergency events that are prepared for or by or kept in the 
custody of the Department of Corrections or a county jail if there is a reasonable 
possibility that public release or inspection of the records would endanger the life or 
physical safety of any individual or disclose security plans and procedures not 
generally known by the general public.  Information contained in records covered by 
this paragraph may be disclosed to state and county officials if necessary to carry out 
the duties of the officials, or the Department of Corrections or members of the State 
Board of Corrections under conditions that protect the information from further 
disclosure;  
Sec. 2.  4 MRSA §1057, sub-§3-A, as amended by PL 2013, c. 598, §1, is 
repealed. 
Sec. 3.  5 MRSA §1591, sub-§4, as amended by PL 2013, c. 598, §2, is repealed. 
Sec. 4.  5 MRSA §12004-G, sub-§6-C, as enacted by PL 2007, c. 653, Pt. A, §3, 
is repealed. 
Sec. 5.  14 MRSA §5545, 2nd ¶, as amended by PL 2007, c. 653, Pt. A, §4, is 
further amended to read: 
Whenever, under this section or under any other section in this chapter, a court issues 
a writ of habeas corpus ordering before it a prisoner confined in any penal or correctional 
institution under the control of the Department of Health and Human Services or the 
Department of Corrections, or confined in any county jail, its order as to the 
transportation of the prisoner to and from the court must be directed to the sheriff of the 
county in which the court is located.  It is the responsibility of the sheriff or any one or 
more of the sheriff's authorized deputies pursuant to any such order to safely transport a 
prisoner to and from the court and to provide safe and secure custody of the prisoner 
during the proceedings, as directed by the court.  At the time of removal of a prisoner 
from an institution, the transporting officer shall leave with the head of the institution an 
attested copy of the order of the court, and upon return of the prisoner shall note that 
return on the copy.  This paragraph as it relates to the responsibility for transportation is 
applicable to transfers from the county jail to any other county jail or to a state 
correctional facility under Title 34-A 30-A, section 1405 1656. 
Sec. 6.  30-A MRSA §101, sub-§6-B, as enacted by PL 2007, c. 653, Pt. A, §5, is 
repealed. 
Sec. 7.  30-A MRSA §406, as amended by PL 2011, c. 374, §§1 to 3 and corrected 
by RR 2011, c. 1, §46, is repealed. 
Sec. 8.  30-A MRSA §701, sub-§2, as repealed and replaced by PL 2009, c. 415, 
Pt. A, §14, is repealed and the following enacted in its place: 
2.  Preparation of estimates.  In order to assess a county tax, the county 
commissioners, prior to November 7th in each year, shall prepare estimates of the sums 
necessary to pay the expenses that have accrued or may probably accrue for the coming 
year, including the building and repairing of jails, courthouses and appurtenances, with 
the debts owed by their counties. 
The estimates must be drawn so as to authorize the appropriations to be made to each 
department or agency of the county government for the year.  The estimates must provide 
specific amounts for personal services, contractual services, commodities, debt service 
and capital expenditures. 
Sec. 9.  30-A MRSA §701, sub-§2-A, as amended by PL 2013, c. 598, §3, is 
repealed. 
Sec. 10.  30-A MRSA §701, sub-§2-B, as enacted by PL 2007, c. 653, Pt. A, §9, 
is repealed. 
Sec. 11.  30-A MRSA §706-A, sub-§1, as amended by PL 2007, c. 653, Pt. A, 
§10, is further amended to read: 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Average real personal income growth" has the same meaning as under Title 5, 
section 1531, subsection 2. 
B.  "County assessment" means: total annual county appropriations reduced by all 
resources available to fund those appropriations other than the county tax. 
(1)  For the tax year of any county that began prior to January 1, 2009, total 
annual county appropriations reduced by all resources available to fund those 
appropriations other than the county tax; or 
(2)  For the tax year of any county that begins on or after January 1, 2009, total 
annual county appropriations for noncorrectional-related services as established 
in section 701, reduced by all resources available to fund those appropriations 
other than the county tax. 
C.  "Forecasted inflation" has the same meaning as under Title 5, section 1531, 
subsection 6. 
D.  "Property growth factor" means the percentage equivalent to a fraction, 
established by a county, whose denominator is the total valuation of all 
municipalities, plantations and unorganized territory in the county, and whose 
numerator is the amount of increase in the assessed valuation of any real or personal 
property in those jurisdictions that became subject to taxation for the first time, or 
taxed as a separate parcel for the first time for the most recent property tax year for 
which information is available, or that has had an increase in its assessed valuation 
over the prior year's valuation as a result of improvements to or expansion of the 
property.  The State Tax Assessor shall provide to the counties forms and a 
methodology for the calculation of the property growth factor, and the counties shall 
use those forms and the methodology to establish the property growth factor. 
E.  "State and local tax burden" has the same meaning as under Title 5, section 1531, 
subsection 9. 
Sec. 12.  30-A MRSA §709, as amended by PL 2011, c. 374, §4, is repealed. 
Sec. 13.  30-A MRSA §710, as amended by PL 2013, c. 598, §§4 to 6, is repealed. 
Sec. 14.  30-A MRSA §932, sub-§3, as amended by PL 2009, c. 391, §4, is 
repealed. 
Sec. 15.  30-A MRSA §1557-B is enacted to read: 
§1557-B.  Transfer from jails 
1.  Transfer.  A sheriff may transfer a prisoner serving a sentence in a county jail 
from one jail to another to serve any part of that sentence upon the request of the sheriff 
of the sending jail and the approval of the sheriff of the receiving jail.  A sheriff may 
transfer a prisoner serving a sentence in a county jail to the Department of Corrections to 
serve any part of that sentence upon the request of the sheriff and the approval of the 
Commissioner of Corrections. 
2.  Transfer cost.  The county of the sending jail shall pay the cost of the transfer or 
return of the prisoner. 
3.  Reimbursement.  The county responsible for the support of a prisoner transferred 
under this section while the prisoner was incarcerated in the county jail shall pay, directly 
to the receiving county jail or the Department of Corrections upon the request of the 
sheriff of the receiving jail or the department, an amount computed at a per diem per 
capita rate established by the receiving county jail or the department.  The county also 
shall reimburse the receiving county jail or the department for any costs incurred in the 
provision of extraordinary medical or surgical treatment to the person transferred.  The 
payment amount provided for in this section 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 if the sending jail houses any prisoners for the receiving jail or the 
department. 
4.  Transferee subject to rules.  A person transferred under this section is subject to 
the general rules of the facility to which the person is transferred, except that: 
A.  The term of the original sentence remains the same unless altered by the court; 
B.  The person becomes eligible for meritorious good time as provided in Title 17-A, 
section 1253 for a person sentenced to imprisonment in a county jail; 
C.  The person becomes eligible for release and discharge as provided in Title 17-A, 
section 1254 for a person sentenced to imprisonment in a county jail; 
D.  The person is entitled to have the time served in the facility under this section 
deducted from the sentence; and 
E.  A person transferred under this section becomes eligible for furloughs, work or 
other release programs, participation in public works and charitable projects and 
home-release monitoring as authorized by sections 1556, 1605, 1606 and 1659-A and 
may apply pursuant to the rules governing the sending jail. 
5.  Return of prisoner.  A prisoner transferred pursuant to this section must be 
returned to the sending jail upon the request of the sheriff of the sending jail, the sheriff 
of the receiving jail or the Commissioner of Corrections. 
6.  Commissioner of Corrections to determine temporary housing assignments.  
If a county that does not have a jail or has a jail that is not fully certified is unable to 
locate space in any other county facility for an adult or juvenile, that county may contact 
the Commissioner of Corrections for approval to obtain temporary housing in a 
correctional or detention facility operated by the Department of Corrections.  The sending 
county shall contact each other county facility in a continuing effort to locate placement 
in a county facility.  When the sending county locates available space in a county facility, 
the sheriff of the sending county shall transfer the person from the department's 
correctional or detention facility and place the person in the county facility. 
Sec. 16.  30-A MRSA §1558, as repealed by PL 2007, c. 653, Pt. A, §15, is 
reenacted to read: 
§1558.  Transfer from state correctional facilities 
The sheriffs may accept custody of prisoners transferred to their jail from state 
correctional facilities under Title 34-A, section 3063. 
Sec. 17.  30-A MRSA §1656, as repealed by PL 2007, c. 653, Pt. A, §16, is 
reenacted to read: 
§1656.  Transfer of prisoners when jail unfit or insecure 
1.  Transfer of prisoners when jail unfit or insecure.  Whenever complaint on oath 
is made to a Justice of the Superior Court that a prisoner or prisoners should be removed 
from a jail to another jail or to the Department of Corrections because that jail is unfit for 
occupation or is insufficient for the secure keeping of a person charged with a crime and 
committed to await trial or awaiting sentencing, the Justice of the Superior Court shall: 
A.  Schedule the time and place for a hearing on this complaint; 
B.  Have not less than 3 days' notice of that hearing given to the sheriff or sheriffs of 
the county jail or jails involved and, if transfer to the Department of Corrections is 
anticipated, to the Commissioner of Corrections; 
C.  Order removal, at the expense of the sending county, of the prisoner or prisoners 
to the Department of Corrections pending hearing, as long as the Commissioner of 
Corrections and the sending sheriff agree; and 
D.  Conduct a hearing and if the matter complained of is found true: 
(1)  Issue a warrant for the transfer of the prisoner or prisoners, at the expense of 
the sending county, to any jail; or 
(2)  Issue a warrant for the transfer of the prisoner or prisoners, at the expense of 
the sending county, to the Department of Corrections. 
A warrant for transfer may be issued only when the Justice of the Superior Court 
finds that the receiving jail or the Department of Corrections is able to resolve the 
problem causing the need to transfer, the nature of the offense committed or alleged 
to have been committed by the prisoner is so severe that it requires transfer and the 
security of the sending facility is inadequate to handle the problem. 
2.  Emergency.  In the event of an emergency, regardless of whether a complaint on 
oath has been made to a Justice of the Superior Court, the sheriff, with the agreement of 
the Commissioner of Corrections, may immediately, at the expense of the sending 
county, remove a person charged with a crime and committed to await trial or awaiting 
sentencing from the county jail to the Department of Corrections.  If removal is made 
under this section, a complaint on oath must be made to a Justice of the Superior Court 
within 24 hours, excluding Saturdays, Sundays and legal holidays, and a hearing must be 
conducted in accordance with the requirements in subsection 1, paragraph D. 
3.  Transfer of prisoners when jail unfit due to casualty.  If by fire or other 
casualty any jail is destroyed or rendered unfit for use, any Justice of the Superior Court 
may, upon being notified by the district attorney of the county where the jail was or is 
located, issue an order to the sheriff and the deputies and constables of that county to 
have all prisoners who might be liable to imprisonment in that county imprisoned in the 
jail of some adjoining county or in any other place of confinement.  The order must be 
printed in the newspapers having general circulation in that county. 
4.  Reimbursement for transferred prisoners.  The county responsible for the 
support of the person transferred under this section while incarcerated in the county jail 
shall pay directly to the receiving county jail or the Department of Corrections upon the 
request of the receiving sheriff or the department an amount computed at a per diem per 
capita rate established by the receiving county jail or the department.  The county shall 
also reimburse the receiving county jail or the department for any costs incurred in the 
provision of extraordinary medical or surgical treatment to the person transferred. 
5.  Review of information prior to transfer.  If a prisoner is transferred to the 
Department of Corrections, the Commissioner of Corrections or the commissioner's 
designee shall review all relevant information, including any available mental health 
information, prior to determining the prisoner's initial place of confinement. 
Sec. 18.  30-A MRSA §1659-A, first ¶, as enacted by PL 2009, c. 391, §6, is 
amended to read: 
The sheriff of each county shall establish a program to permit certain inmates to serve 
a portion of their sentence of imprisonment in community confinement monitored by the 
county or a contract agency or another county or its contract agency.  The county may 
contract only with a community confinement monitoring agency approved by the State 
Board Department of Corrections. 
Sec. 19.  30-A MRSA §1659-A, sub-§2, ¶D, as enacted by PL 2009, c. 391, §6, 
is amended to read: 
D.  The inmate has a verified security classification level of "medium" or "minimum" 
and scores "moderate" or "less" on a validated risk assessment tool as defined by the 
State Board Department of Corrections; 
Sec. 20.  30-A MRSA §1659-A, sub-§§6 and 7, as enacted by PL 2009, c. 391, 
§6, are amended to read: 
6.  Minimum standards supervision of inmates in the community confinement 
monitoring program.  The State Board Department of Corrections shall establish 
minimum policy standards for the monitoring of inmates in the community confinement 
monitoring program. 
7.  Program funding.  Funds collected pursuant to this section must be forwarded to 
an account designated by the State Board Department of Corrections for the purpose of 
supporting pretrial, diversion or reentry activities.  Community confinement monitoring 
program funds must be accounted for by the county through the normal budget process. 
Sec. 21.  30-A MRSA §1671, sub-§1, as amended by PL 2007, c. 653, Pt. A, §17, 
is further amended to read: 
1.  Establishment.  Each county, or each county working jointly with another county 
or other counties or with the Department of Corrections, may establish a local criminal 
justice planning committee, referred to in this subchapter as "the committee."  Only a 
county that establishes or participates as a member of a criminal justice planning 
committee may apply for funds from the Community Corrections Incentive Fund 
distributed pursuant to Title 34-A, section 1210-D. 
Sec. 22.  30-A MRSA §1671, sub-§3, ¶A, as amended by PL 2007, c. 653, Pt. A, 
§18, is repealed. 
Sec. 23.  30-A MRSA §1671, sub-§5, as repealed by PL 2007, c. 653, Pt. A, §20, 
is reenacted to read: 
5.  Collaboration.  Regardless of how a criminal justice planning committee is 
established pursuant to subsection 1, a county may collaborate with another county or 
counties with which it has not formed a committee to work together to seek grants or 
establish community corrections programs or initiatives. 
Sec. 24.  34-A MRSA §1210-D is enacted to read: 
§1210-D.  Community Corrections Incentive Fund 
There is established the nonlapsing Community Corrections Incentive Fund.  The 
department shall approve applications and award and administer to counties competitive 
grants from the fund.  Grants must be used for initiatives to expand community 
corrections, regional programs and other efforts to improve the efficiency and 
effectiveness of the correctional system.  Awards must be made in correctional areas that 
include but are not limited to pretrial diversion, pretrial release, transition, specialty jails, 
regional cooperation and deferred disposition programs.  Grants must also be awarded 
based on considerations of improved efficiency, offender and court docket reduction, 
consolidation of resources, reduced recidivism and improved methods for the delivery of 
services.  When applicable, grant applications and awards must be based on established 
evidence-based correctional practices.  Only a county that establishes or participates as a 
member of a criminal justice planning committee under Title 30-A, section 1671 may 
apply for grants distributed pursuant to this section. 
Sec. 25.  34-A MRSA §1210-E is enacted to read: 
§1210-E.  Community Corrections Fund and County Jail Prisoner Support Fund 
1.  Establishment of Community Corrections Fund.  The Community Corrections 
Fund is established for the purpose of providing state funding for establishing and 
maintaining community corrections.  Notwithstanding any provision of law to the 
contrary, at least $12,202,104 in state funding must be appropriated annually.  For 
purposes of this subsection, "community corrections" means the delivery of correctional 
services for adults in the least restrictive manner that ensures the public safety by the 
county or for the county under contract with a public or private entity.  "Community 
corrections" includes, but is not limited to, preventive or diversionary correctional 
programs, pretrial release or conditional release programs, alternative sentencing or 
housing programs, electronic monitoring, residential treatment and halfway house 
programs, community correctional centers and temporary release programs from a facility 
for the detention or confinement of persons convicted of crimes.  Twenty percent of the 
funds collected from surcharges under Title 4, section 1057 that are appropriated pursuant 
to subsection 3 must be dedicated to the purpose of community corrections and deposited 
in the Community Corrections Fund. 
2.  Establishment of County Jail Prisoner Support Fund.  The County Jail 
Prisoner Support Fund is established for the purpose of providing state funding for a 
portion of the counties' costs of the support of prisoners detained or sentenced to county 
jails.  Eighty percent of the funds collected from surcharges under Title 4, section 1057 
that are appropriated pursuant to subsection 3 must be dedicated to the purpose of 
subsidizing the counties' costs of the support of prisoners detained or sentenced to county 
jails and deposited in the County Jail Prisoner Support Fund. 
3.  Distribution.  Beginning October 1, 2015 and annually thereafter, the department 
shall distribute to the counties amounts dedicated to the Community Corrections Fund 
under subsection 1 and to the County Jail Prisoner Support Fund under subsection 2.  The 
department may distribute amounts to each county based on each county's percentage of 
statewide jail inmate days, which must be calculated for the last fiscal year for which data 
is available. 
4.  Cost-of-living adjustment for equitable distribution.  In addition to funds 
received pursuant to subsection 3, a 3% cost-of-living adjustment on the annual 
appropriation for the community corrections county jail prisoner support funds must be 
dedicated to the County Jail Prisoner Support Fund until each county has achieved the 
appropriate subsidy in this fund based on its percentage of statewide jail inmate days.  
Once equity has been achieved, the cost-of-living adjustment must be distributed between 
the Community Corrections Fund and County Jail Prisoner Support Fund pursuant to 
subsections 1 and 2. 
5.  County community corrections fund.  Each county treasurer shall place the 
funds received from the department pursuant to subsection 1 into a separate community 
fund.  A county may use funds placed in this account only for community corrections as 
defined in subsection 1. 
Before distributing to a county that county's entire distribution from the collection of 
surcharges pursuant to Title 4, section 1057, the department shall require that county to 
submit appropriate documentation verifying that the county expended 20% of its prior 
distribution for the purpose of community corrections as defined in subsection 1.  If a 
county fails to submit appropriate documentation verifying that the county expended 20% 
of its prior distribution for the purpose of community corrections, the department shall 
distribute to that county only 80% of its distribution.  The department shall distribute the 
20% not distributed to that county to all other counties that submit appropriate 
documentation verifying compliance with the 20% expenditure requirement for the 
purpose of community corrections.  The department shall distribute these funds to those 
qualifying counties in an amount equal to each county's percent distribution pursuant to 
subsection 3. 
6.  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 
County Jail Prisoner Support Fund under subsection 2 and the Community Corrections 
Fund under subsection 1. 
Sec. 26.  34-A MRSA §1404, as amended by PL 2013, c. 598, §7, is repealed. 
Sec. 27.  34-A MRSA §1405, as amended by PL 2009, c. 142, §15 and c. 391, 
§10, is repealed. 
Sec. 28.  34-A MRSA c. 1, sub-c. 5, as amended, is repealed. 
Sec. 29.  34-A MRSA §3063, as repealed by PL 2007, c. 653, Pt. A, §31, is 
reenacted to read: 
§3063.  Transfer to jails 
1.  Transfer of prisoner.  The commissioner may transfer a prisoner serving a 
sentence in a correctional facility to a county jail, upon the request of the chief 
administrative officer and the approval of the sheriff of the jail. 
2.  Cost of transfer.  The department shall pay the cost of the transfer or the return of 
the prisoner. 
3.  Reimbursement.  Upon the request of the sheriff of the jail receiving a prisoner 
pursuant to this section, the department shall pay directly to the jail an amount computed 
at a per diem per capita rate established by the jail.  The department shall reimburse the 
jail for costs incurred in the provision of extraordinary medical or surgical treatment to 
the person transferred.  The payment amount provided for in this section may be adjusted 
or dispensed with on terms mutually agreeable to the department and the sheriff, if the 
department houses any prisoners for the jail. 
4.  Transferee subject to rules.  A person transferred under this section is subject to 
the general rules of the facility to which the person is transferred, except that: 
A.  The term of the original sentence remains the same unless altered by the court; 
B.  The person becomes eligible for meritorious good time as provided in Title 17-A, 
section 1253 for a person committed to the department; 
C.  The person becomes eligible for release and discharge as provided in Title 17-A, 
section 1254 for a person committed to the department; 
D.  The person is entitled to have the time served in the jail under this section 
deducted from the sentence; and 
E.  A person transferred under this section becomes eligible for furloughs, work or 
other release programs, and supervised community confinement as authorized by 
sections 3035 and 3036-A and may apply pursuant to the rules governing the 
correctional facility from which the prisoner was transferred. 
5.  Return of prisoner.  A prisoner transferred pursuant to this section must be 
returned to the department upon the request of the commissioner or the sheriff. 
Sec. 30.  34-A MRSA §3063-B is enacted to read: 
§3063-B.  Transfer from jails 
The commissioner may accept custody of persons transferred to the department from 
county jails under Title 30-A, section 1557-B. 
SUMMARY 
Public Law 2007, chapter 653, the so-called jail consolidation law, enacted changes 
to the correctional laws, including creating a State Board of Corrections, for the purpose 
of developing and implementing a unified correctional system.  The public law 
established a cap on tax assessments for correctional services for each county based on 
the fiscal year 2007-08 county tax assessment for correctional-related expenditures and 
prohibited the counties from collecting taxes from the municipalities for the purpose of 
retiring any correctional services debt issued after July 1, 2008. 
This bill repeals the changes that were made by Public Law 2007, chapter 653, 
eliminating the State Board of Corrections and all of its duties, and returns the law to the 
form it was in prior to jail consolidation.  This bill requires that the State continue to 
provide funding to the counties in the same amount that it did in fiscal year 2014-15, 
$12,202,104.