An Act To Fund the Downeast Correctional Facility
Maine Legislature, Session 128, LD 1704
Committee: Criminal Justice and Public Safety
Sponsors: TUELL, MAKER, ALLEY, BICKFORD, COREY, FAY, GATTINE, GIDEON, GROHMAN, HANDY, HILLIARD, MAREAN, NADEAU, PERRY, PICCHIOTTI, POULIOT, STANLEY, CARSON, CYRWAY, DESCHAMBAULT, DIAMOND, DILL, JACKSON, LANGLEY, MASON, THIBODEAU, VOLK, WOODSOME

Legislative Document
No. 1704
H.P. 1184
House of Representatives, December 22, 2017
An Act To Fund the Downeast Correctional Facility
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 19, 2017.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TUELL of East Machias.
Cosponsored by Senator MAKER of Washington and
Representatives: ALLEY of Beals, BICKFORD of Auburn, COREY of Windham, FAY of 
Raymond, GATTINE of Westbrook, Speaker GIDEON of Freeport, GROHMAN of Biddeford, 
HANDY of Lewiston, HILLIARD of Belgrade, MAREAN of Hollis, NADEAU of Winslow, 
PERRY of Calais, PICCHIOTTI of Fairfield, POULIOT of Augusta, STANLEY of Medway, 
Senators: CARSON of Cumberland, CYRWAY of Kennebec, DESCHAMBAULT of York, 
DIAMOND of Cumberland, DILL of Penobscot, JACKSON of Aroostook, LANGLEY of 
Hancock, MASON of Androscoggin, President THIBODEAU of Waldo, VOLK of 
Cumberland, WOODSOME of York.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, funding for the Downeast Correctional Facility currently is provided 
through fiscal year 2017-18; and
Whereas, the 90-day period may not terminate until after the end of fiscal year 
2017-18; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  
Downeast Correctional Facility report.  
The Department of 
Corrections shall submit a report concerning proposed changes to the Downeast 
Correctional Facility to the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs and the joint standing committee of 
the Legislature having jurisdiction over criminal justice and public safety matters no later 
than April 1, 2019.  The report must include detailed plans about any proposed changes 
concerning the prisoner population at the Downeast Correctional Facility and the related 
impact on other correctional facilities. The Department of Administrative and Financial 
Services shall assist in the development of the report including the impact of any change 
to employee compensation and benefits, an economic and community impact analysis on 
any community affected by a shift in prisoner population and the proposed use of any 
surplus property generated by facility closure.
Sec. 2.  
Continued operation of Downeast Correctional Facility.  
Notwithstanding any provision of law to the contrary, the Downeast Correctional Facility 
must remain open and operational, except that, after submission of the report required by 
section 1 of this Act, the facility may be closed if legislation approving the closure is 
enacted into law.
Sec. 3.  Appropriations and allocations.  The following appropriations and 
allocations are made.
CORRECTIONS, DEPARTMENT OF 
Downeast Correctional Facility 0542
Initiative: Provides funds to restore all positions and related All Other costs in order to 
continue operation of the Downeast Correctional Facility beyond June 30, 2018.
GENERAL FUND
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT
0.000
51.000
Personal Services
$0
$4,849,665
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill requires the Department of Corrections to report concerning proposed 
changes to the Downeast Correctional Facility to the joint standing committee of the 
Legislature having jurisdiction over appropriations and financial affairs and the joint 
standing committee of the Legislature having jurisdiction over criminal justice and public 
safety matters no later than April 1, 2019.  The report must include detailed plans about 
any proposed changes concerning the prisoner population at the Downeast Correctional 
Facility.  This bill also specifies the report must include the related impact on other 
correctional facilities, the impact of any change to employee compensation and benefits, 
an economic and community impact analysis on any community affected by a shift in 
prisoner population and the proposed use of any surplus property generated by facility 
closure.
This bill requires the Downeast Correctional Facility to remain open and operational 
prior to the submission of the report to the Legislature and permits the closure of the 
facility only if legislation approving the closure is enacted into law.
This bill provides funds to restore all positions and related All Other costs in order to 
continue operation of the Downeast Correctional Facility beyond June 30, 2018.
All Other
$0
$596,977
GENERAL FUND TOTAL
$0
$5,446,642
FEDERAL EXPENDITURES FUND
2017-18
2018-19
All Other
$0
$500
FEDERAL EXPENDITURES FUND TOTAL
$0
$500
OTHER SPECIAL REVENUE FUNDS
2017-18
2018-19
All Other
$0
$32,526
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$32,526