Resolve, To Reestablish the Commission To Improve the Sentencing, Supervision, Management and Incarceration of Prisoners
Maine Legislature, Session 129, LD 0829
Committee: Criminal Justice and Public Safety
Sponsors: TALBOT ROSS

Legislative Document
No. 829
H.P. 603
House of Representatives, February 14, 2019
Resolve, To Reestablish the Commission To Improve the Sentencing, 
Supervision, Management and Incarceration of Prisoners
(EMERGENCY)
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation establishes the Commission To Improve the Sentencing, 
Supervision, Management and Incarceration of Prisoners; and
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; 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
Sec. 1.  Commission established. Resolved:  That, notwithstanding Joint Rule 
353, the Commission To Improve the Sentencing, Supervision, Management and 
Incarceration of Prisoners, referred to in this section as "the commission," is established.
1.  Commission membership.  The commission consists of 17 members as follows:
A.  Two members of the Senate appointed by the President of the Senate;
B.  Two members of the House of Representatives, at least one of whom is a sponsor 
or cosponsor of this legislation, appointed by the Speaker of the House of 
Representatives;
C.  The Attorney General or the Attorney General's designee;
D.  The Commissioner of Corrections or the commissioner's designee;
E.  The Commissioner of Health and Human Services or the commissioner's 
designee;
F.  The Director of Adult Community Corrections within the Department of 
Corrections or the director's designee;
G.  Six individuals appointed by the Governor:
(1)  A representative of a statewide association of prosecutors nominated by the 
association;
(2)  A representative of a statewide association of county commissioners 
nominated by the association;
(3)  A representative of a statewide association of county sheriffs nominated by 
the association;
(4)  A representative of a statewide association of criminal defense lawyers 
nominated by the association;
(5)  A representative of a statewide organization representing people with mental 
illness and their families; and
(6)  A member of the public; and
H.  The commission shall invite the Chief Justice of the Supreme Judicial Court to 
serve or name a designee to serve as a voting member of the commission and to 
appoint 2 trial judges or their designees to serve as voting members of the 
commission.
2.  Appointments; chair; meetings.  All appointments must be made no later than 
days following the effective date of this resolve.  The Governor shall appoint a chair 
from among the membership of the commission, who shall call and convene the first 
meeting of the commission no later than 30 days after appointments of all members.  The 
commission may hold up to 6 meetings, which, at the discretion of the chair, may include 
public hearings.
3.  Duties.  The duties of the commission are as follows.
A.  The commission shall conduct research and prepare recommendations addressing 
the following goals:
(1)  Reducing the overall prison population in both state and county facilities, 
with a focus on lowering the population of nonviolent prisoners;
(2)  Reducing the overall cost of the corrections system;
(3)  Accomplishing policy, program and structural improvements that reduce 
recidivism and improve the transition of prisoners back into the community;
(4)  Preserving community safety;
(5)  Respecting the needs of victims and communities in the process of holding 
prisoners accountable for their actions; and
(6)  Developing recommendations that address the factors leading to increasing 
prisoner populations at both the county or regional jail and state prison levels, the 
impact of current sentencing laws, the use of alternate sentences and means to 
reduce recidivism, in particular recidivism caused by mental illness and 
substance use disorder.
B.  To accomplish its purpose, the commission shall examine multiple strategies for 
addressing issues related to the continually and rapidly increasing prisoner 
populations at both the county or regional jail and state prison levels, including 
diversion from jail or prison, programming to improve reentry from jail or prison 
back to the community, community alternatives to incarceration and changes in 
sentencing laws, policies and practices.  In conducting its examination, the 
commission shall:
(1)  Study factors leading to increasing prisoner populations in state and county 
correctional facilities; examine and analyze the prisoner population and projected 
growth at both the county or regional jail and state prison levels to include 
offenses, length of sentence and other issues, such as mental illness and substance 
use disorder, that lead to incarceration or reincarceration; and identify trends in 
the prisoner population and determine what impact these changes will have on 
future growth;
(2)  Examine factors linking juvenile and adult prisoner populations;
(3)  Review existing program and treatment levels for the prisoner population and 
recommend improvements based on projected need and effective programs 
supported by research; and
(4)  Consult with and seek input from former prisoners as well as from 
organizations advocating for persons with mental illness.
4.  Staff assistance.  The Department of Corrections shall provide necessary staffing 
services to the commission.
5.  Compensation.  The members of the commission who are Legislators are entitled 
to the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, 
and reimbursement for necessary expenses incurred for their attendance at authorized 
meetings of the commission.  Members of the commission who are not otherwise 
compensated by their employers or other entities that they represent are entitled to receive 
reimbursement of necessary expenses incurred for their attendance at authorized 
meetings.
6.  Report.  No later than December 4, 2019, the commission shall submit a report 
detailing its findings and recommendations, including any proposed legislation, to the 
Joint Standing Committee on Criminal Justice and Public Safety and to the Joint Standing 
Committee on Judiciary, each of which may report out legislation related to the report to 
the Second Regular Session of the 129th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve reestablishes the Commission To Improve the Sentencing, Supervision, 
Management and Incarceration of Prisoners, which was previously established by the 
121st Legislature in 2003.  This 17-member commission is charged with conducting 
research and preparing recommendations on a variety of issues relating to the sentencing 
of prisoners, the management of county and state correctional facilities and the treatment 
of prisoners within those facilities.
The commission is directed to submit, no later than December 4, 2019, a report 
detailing its findings and recommendations, including any proposed legislation, to the 
Joint Standing Committee on Criminal Justice and Public Safety and to the Joint Standing 
Committee on Judiciary, each of which may report out legislation relating to the report to 
the Second Regular Session of the 129th Legislature.