An Act Regarding Community Corrections Funds
Maine Legislature, Session 128, LD 1490
Committee Amendment CA_A_S268 (Senate)
Amends: 34-A MRSA §1210-D

COMMITTEE AMENDMENT "A." to S.P. 519, L.D. 1490, Bill, "An Act 
Regarding Community Corrections Funds" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Stabilize Funding for the County Jails' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 34-A MRSA §1210-D, as amended by PL 2015, c. 436, §§11 and 12, is 
further amended to read: 
§1210-D. County Jail Operations Fund; County Jail Community Corrections Fund: 
1. County Jail Operations Fund. Notwithstanding any provision of law to the 
contrary, beginning in fiscal year 2017-18, at least $12,202,104 $10,355,543 in state 
funding must be appropriated annually and used for the purposes of the County Jail 
Operations Fund, as established pursuant to this seetioa aad referred to ia this seetioa as 
"the fuad." subsection. The department shall administer the fuHd County Jail Operations 
Fund and shall distribute funds to the jails in accordance with this section for the 
purposes set forth in subsections 2-aad 3 ancl 4. 
2. 
Community corrections; County Jail Community Corrections Fund. 
Notwithstanding any provision of law to the contrary, at least $5,646,561 in state funding 
must be appropriated annually and used for the purposes of the County Jail Community 
Corrections Fund, as established pursuant to this subsection. 
The department shall 
administer the County Jail Community Corrections Fund and shall distribute funds to the 
jails in accordance with this subsection for the purposes set forth in this subsection and 
subsection 2-A. The fufld County Jail Community Corrections Fund must be used for the 
purpose of establishing and maintaining community corrections. 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 
Page I - 128LR1796(02)-1 
COMMITTEE AMENDMENT 
~~ 
~-
COMMITIEE AMENDMENT "A "to S.P. 519, L.D. 1490 
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. 
The following provisions apply to community 
corrections funding. 
A. 
Thirty percent of the funds distributed to the counties under this seotion 
subsection must be used for the purpose of community corrections. 
B. The county treasurer shall deposit 30% of the funds received under this subsection 
4- into an account for community corrections purposes. 
C. Before distributing to a county that county's entire distribution under this seetion 
subsection, the department shall require that county to submit appropriate 
documentation verifying that the c.ounty expended 30% of its prior distribution for 
the purpose of community corrections as required by this seetion subsection. 
D. If a county fails to submit appropriate documentation verifying that the county 
expended 30% of its prior distribution for the purpose of community corrections 
under paragraph C, the department shall distribute to that county only 80% of its 
distribution. The department shall hold in escrow the 20% not distributed to a county 
to give the county jail an opportunity to comply with the requirement that 30% of the 
total distribution under this subsection be used for community corrections purposes 
and qualify for disbursement of the withheld funds. 
2-A. 
Pretrial release or conditional release programs. 
Using community 
corrections funds distributed under this section, each county shall provide a program, 
directly or through contract with an organization, to supervise defendants subject to a 
pretrial release condition imposed pursuant to Title 15, section 1026, subsection 3, 
paragraph A, subparagraph (1) and such requirements as may be established by rule or 
order of the Supreme Judicial Court. 
3. Prisoner support. The flffld County Jail Operations Fund must be used to 
provide a portion of the counties' costs of the support of prisoners detained or sentenced 
to county jails. The following provisions apply to prisoner support funding. 
A. Up to 70% of the The funds distributed to a county under subsection 1 and this 
seetion subsection may be used for the purpose of support of prisoners detained or 
sentenced to county jails and for such other jail operations and correctional services 
purposes as the sheriff determines to be appropriate. 
B. The county treasurer shall deposit 70% of the funds received under this subsection 
4-- into an account for prisoner support, jail operations and correctional services 
purposes. 
4. Formula; distribution. The department shall establish by rule a formula for the 
distribution of .funds from the flffld County Jail Operations Fund and the County Jail 
Community Corrections Fund to the counties for jail operations. Beginning Ally 1, 2015 
and annually thereafter, the The department annually shall distribute to the counties from 
the flffld County Jail Operations Fund and the County Jail Community Corrections Fund 
amounts based on the formula. The formula must be based on the most recent fiscal year 
for which data is available and must: 
COMMITTEE AMENDMENT 
~ 
~~· 
COMMITIEE AMENDMENT" A" to S.P. 519, L.D. 1490 
A. Take into consideration total statewide county jail prisoner days for all jails; 
B. Take into consideration and assign to a jail.the number of county jail prisoner 
days attributable to each prisoner who was charged with committing a crime in that 
county or was committed to the custody of or detained by the sheriff of that county; 
C. Determine the proportion of statewide county jail prisoner days attributable to 
each county; 
D. Determine the per diem per prisoner reimbursement amount; and 
E. 
Determine the reimbursement amount for each county based on the county's 
proportion of statewide county jail prisoner days multiplied by the per diem per 
prisoner rate. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
5. 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 
fua4 County Jail Operations Fund. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
CORRECTIONS, DEPARTMENT OF 
County Jail Community Corrections Fund N267 
Initiative: Transfers funds to create a separate program for county jail community-based 
corrections funds. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
County Jail Operations Fund Zl94 
2017-18 
$5,646,561 
$5,646,561 
2018-19 
$5,646,561 
$5,646,561 
Initiative: Provides $3,800,000 in additional ongoing funding for the County Jail 
Operations Fund. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
County Jail Operations Fund Zl.94 
2017-18 
$3,800,000 
$3,800,000 
COMMITTEE AMENDMENT 
2018-19 
$3,800,000 
$3,800,000 
COMMIITEE AMENDMENT "A "to S.P. 519, L.D. 1490 
Initiative: Transfers funds to create a separate program for county jail community-based 
corrections funds. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2017-18 
($5,646,561) 
($5,646,561) 
2017-18 
$3,800,000 
$3,800,000 
2018-19 
($5,646,561) 
($5,646,561) 
2018-19 
$3,800,000 
$3,800,000 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment: 
1. Separates the County Jail Operations Fund into a County Jail Operations Fund and 
a new County Jail Community Corrections Fund; and 
2. Provides $3,800,000 per year in additional funding for the County Jail Operations 
Fund. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/05/17 feac 
LD 1490 
LR 1796(02) 
An Act Regarding Community Corrections Funds 
Fiscal Note for Bill as Amended by Committee Amendment 'p/ ( S "(). lo~) 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
Ge.neral Fund 
1.ppropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017.,.18 
FY 2018-19 
$3,800,000 
$3,800,000 
$3,800,000 
$3,800,000 
Projections 
FY2019-20 
$3,800,000 
$3,800,000 
Projections 
FY2020-21 
$3,800,000 
$3,800,000 
This bill includes General Fund appropriations of $3,800,000 in fiscal years 2017-18 and 2018-19 to provide 
additional funding for the County Jail Operations Fund. It also transfers $5,646,561 annually from the County Jail 
Operations Fund to the County Jail Co1mnunity Corrections Fund in order to segregate funding distributed for county 
jail community conections. 
LRI 796(02) - Fiscal Note - Page I of I