An Act To Prohibit the Privatization of State Correctional Facilities and the State's Forensic Hospitals
Maine Legislature, Session 128, LD 1296
Committee Amendment CA_A_H486 (House)
Amends: 34-A MRSA §1201, 34-B MRSA §3802-A

COMMITTEE AMENDMENT "A" to H.P. 893, L.D. 1296, Bill, "An Act To 
Prohibit the Privatization of State Correctional Facilities and the State's Forensic 
Hospitals" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Ensure Legislative Participation in Planning and Approval of Certain 
Changes in Correctional Services and To Prohibit the Privatization of Corrections 
Ownership and Services and Certain Ownership and Services in the Provision of 
Forensic Mental Health Services in Mental Health Institutes' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 
34-A MRSA §1201, as amended by PL 1991, c. 314, §9, is further 
amended to read: 
§1201. Legislative intent; findings 
Recognizing the need to firmly control all of the State's correctional and detention 
facilities, provide for the safety of staff and clients, undertake appropriate programming 
for the classification, education, rehabilitation and maintenance of clients and assure an 
effective system for the supervision of parolees and probationers, it is the intent of the 
Legislature to create a Department of Corrections to improve the administration of 
correctional facilities, programs and services for clients. 
The Legislature finds and declares that the management, administration and operation 
of the State's correctional and detention facilities involve functions that are inherently 
governmental. The imprisonment of persons convicted of or detained for crimes requires 
discretionazy decisions and the exercise of the State's coercive police powers that 
profoundly affect those persons and their families, distinguishing imprisonment and the 
privatization of imprisonment from privatization in other areas of government. It is 
further found that issues of liability, accountability and cost warrant a prohibition of the 
ownership, operation, administration and management by private contractors of 
correctional facilities. 
COMMITTEE AMENDMENT 
COMMITIEE AtvIBNDMENT ·A" to H.P. 893, L.D. 1296 
Sec. 2. 34-A MRSA §§1201-A and 1201-B are enacted to read: 
§1201-A. Certain contracts prohibited 
Beginning on the effective date of this section, except for services subject to an 
existing contract on the effective date of this section or services that are similar to those 
contracted services that are provided by a contract entered into after the effective date of 
this section, the department is prohibited from contracting with a private contractor or 
private vendor for the provision of services relating to the operation of direct care and 
supervision, administration or management of a correctional facility for the incarceration 
or detention of persons in the custody of the department. 
§1201-B. 
Legislative participation and approval in planning for changes in 
correctional services 
Beginning on the effective date of this section, the department is prohibited from 
decreasing the population, capacity or staff mg of a state correctional facility by more than 
25% within any fiscal biennium unless the department has first sought the patticipation 
and approval of the Legislature through legislation or by rule adopted as provided in this 
section. Any action by the department to decrease population, capacity or staffing of a 
state correctional facility in excess of the limit of 25% within any fiscal biennium as 
provided in this section may only be taken after passage of legislation by the Legislature 
and approval by the Governor or adoption of major substantive rules on a nonemergency 
basis as provided in Title 5, section 8072, subsections 1 and 2 and approval of the 
Legislature as provided in Title 5, section 8072, subsections 8 and 9. Rules adopted 
pursuant to this section are major substantive rules as defmed by Title 5, chapter 375, 
subchapter 2-A. 
· 
. 
Sec. 3. 34-B MRSA §3802-A and 3802-B are enacted to read: 
§3802-A. Legislative intent; findings 
Recognizing the need to firmly control all of the state mental health institutes, 
provide for the safety of staff and clients, undertake appropriate programming for the 
classification, treatment and maintenance of clients and assure an effective system for the 
supervision of clients who have been furloughed, placed on convalescent status or 
released with conditions, it is the intent of the Legislature to guide the department in the 
improvement of the administration of mental health institute placements, programs and 
services for clients. 
The Legislature finds and declares that the management, administration and operation 
of the state mental health institutes and any facilities that serve clients relocated from 
state mental health institutes to less intensive residential facilities for persons in the 
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custody of the commissioner involve functions that are inherently governmental. The 
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placement of persons committed for mental health treatment to the custody of the 
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commissioner requires discretionary decisions and the exercise of the State's coercive 
powers that profoundly affect those persons and their families, distinguishing 
commitment to the commissioner for mental health services and the privatization of 
commitment for mental health services from privatization in other areas of government. 
It is futther found that issues of liability, accountability and cost warrant a prohibition of 
the ownership, operation, administration and management by private contractors of state 
COMMITTEE AMENDMENT 
~~ 
~o 
· 
COMMITTEE AMENDMENT f ~· "to H.P. 893, L.D. 1296 
mental health institutes and facilities that serve clients relocated from state mental health 
institutes to less intensive residential facilities for persons in the custody of the 
commissioner. 
§3802-B. Certain contracts prohibited 
Beginning on the effective date of this section, except for services subject to an 
existing contract on the effective date of this section or services that are similar to those 
contracted services that are provided by a contract entered into after the effective date of 
this section, the department is prohibited from contracting with a private contractor or 
private vendor for the provision of services relating to the operation of direct care and 
supervision, administration or management of a state mental health institute and any 
facilities that serve clients relocated from state mental health institutes to less intensive 
residential facilities for persons in the custody of the commissioner.' 
SUMMARY 
This amendment is the majority report of the committee. The amendment replaces 
the bill. 
The amendment provides findings of legislative intent and prohibitions on 
contracting for certain services by the Department of Corrections with regard to 
correctional services and the Department of Health and Human Services with regard to 
state mental health institutes and less intensive residential facilities for persons in the 
custody of the Commissioner of Health and Human Services. The services that may not 
be contracted are services relating to the operation of direct care and supervision, 
administration and management, with an exception for services subject to a contract on 
the effective date of the Act or services· that are similar to those contracted services that 
are provided by a contract entered into after the effective date of the Act. 
The 
amendment prohibits the Department of Corrections from decreasing the population, 
capacity or staffing of a state correctional facility by more than 25% within any fiscal 
biennium unless the department has first sought the participation and approval of the 
Legislature through legislation or major substantive rules. The amendment requires that 
any action by the department to decrease population, capacity or staffing of a state 
correctional facility in excess of the limit of 25% within any fiscal biennium may only be 
taken after passage of legislation by the Legislature and approval by the Governor or 
adoption of major substantive rules on a nonemergency basis, as provided in the Maine 
Revised Statutes, Title 5, section 8072, subsections 1 and 2 and approval of the 
Legislature as provided in Title 5, section 8072, subsections 8 and 9. 
FISCAL NOTE REQUIRED 
(See attlebed) 
COMMITTEE AMENDMENT 
Approved: 06/02/17 feac. 
LD 1296 
LR 1724(02) 
An Act To Prohibit the Privatization of State Correctional Facilities and the State's Forensic Hospitals 
1<1scal Note for Bill as Amended by Committee Amendment A' ( µ , 4-8' {p) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Legislature are expected to be minor and can be absorbed within existing budgeted 
resources. 
LRl 724(02) - Fiscal Note - Page 1 of 1