An Act To Implement the Recommendations of the Maine Juvenile Justice System Assessment and Reinvestment Task Force
Maine Legislature, Session 130, LD 0546
Committee: Criminal Justice and Public Safety
Sponsors: BRENNAN
Amends: 15 MRSA §3203-A

Legislative Document
No. 546
H.P. 391
House of Representatives, February 24, 2021
An Act To Implement the Recommendations of the Maine Juvenile 
Justice System Assessment and Reinvestment Task Force
(EMERGENCY)
Received by the Clerk of the House on February 22, 2021.  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 BRENNAN 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, the initiatives established in this legislation must be undertaken promptly 
upon the beginning of the next fiscal year in order to safeguard the health and welfare of 
Maine's justice-involved youths and to safeguard the public peace, health and safety; 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.  15 MRSA §3203-A, sub-§4, ¶C, as amended by PL 1999, c. 624, Pt. B, 
§5, is further amended by repealing subparagraph (2).
Sec. 2.  Benchmarks for reducing the population of detained and committed 
youths.  From a baseline of the average daily population of youths detained and of the 
average daily population of youths committed in the custody of the Department of 
Corrections, each year, through July 1, 2024, the department shall submit an estimate to 
the joint standing committee of the Legislature having jurisdiction over criminal justice and 
public safety matters on the reduction in the number of youths detained and committed for 
that year to create a figure to serve as a benchmark for reducing the population of detained 
and committed youths.
Sec. 3.  Continuing role of the task force on juvenile justice system 
assessment and reinvestment convened in 2019.  The Juvenile Justice Advisory 
Group shall reestablish the task force established by the Juvenile Justice Advisory Group 
in 2019 to study and make recommendations on juvenile justice system assessment and 
reinvestment, referred to in this Act as "the task force."  The task force shall work with 
stakeholder groups as well as the Department of Corrections and the Department of Health 
and Human Services to implement the recommendations of the February 2020 Maine 
Juvenile Justice System Assessment and Reinvestment Task Force report.  The task force 
shall focus on the development of strategic interventions for investment in a community-
based system of therapeutic services for justice-involved youths that works to divert youths 
from detention and commitment, reduce the rates of detention and commitment across the 
State and achieve the benchmarks for progress established in section 2 of this Act. The task 
force shall convene an advisory panel of justice-involved youths to advise the task force in 
the performance of its duties.
Sec. 4.  Annual reporting by the Department of Corrections through 2025.  
Each year through January 31, 2025, the Department of Corrections shall provide an annual 
report to the joint standing committee of the Legislature having jurisdiction over criminal 
justice and public safety matters.  The report must provide detailed information regarding:
1.  The efforts of the Department of Corrections and the Department of Health and 
Human Services to offer diversion options for justice-involved youths and to reduce the 
rates of detention and commitment of youths across the State;
2.  The successes and challenges of the Department of Corrections in achieving the 
benchmarks for detained and committed youths set forth in section 2 of this Act;
3.  The successes and challenges of the Department of Corrections and the Department 
of Health and Human Services in expanding access to community-based, therapeutic 
services or programs funded under section 8 of this Act for the purpose of diverting justice-
involved youths from detention and commitment and reducing the rates of youth detention 
and commitment;
4.  The successes and challenges of the nonprofit community agencies that have been 
awarded contracts to provide community-based, nonresidential, therapeutic services and 
programs for the purpose of diverting justice-involved youths from detention and 
commitment and reducing the rate of youth detention and commitment as funded under 
section 8 of this Act;
5.  The number and outcomes of youths served in the prior year by the nonprofit 
community-based agencies awarded contracts under sections 6 and 7 of this Act; and
6.  The number of staff at Long Creek Youth Development Center as of the preceding 
December 1st and staffing levels and challenges at the facility. 
Sec. 5.  Reporting on possible sites and locations for secure, therapeutic 
residences for detained and committed youths.  By January 1, 2022, the Department 
of Corrections shall report to the joint standing committee of the Legislature having 
jurisdiction over criminal justice and public safety matters on possible sites and locations 
for 2 to 4 small, secure, therapeutic residences for youths for the purposes of providing 
confinement and detention in a therapeutic setting for a maximum occupancy of a total of 
youths across all sites and locations.  The identified possible sites and locations must 
consist of one site or location in Cumberland County and one site or location in Penobscot 
County.  Two other sites and locations may be identified depending on need.  The identified 
possible sites and locations must include existing structures for renovation as small, secure, 
therapeutic residences.  The report must include information regarding staffing options and 
options and cost estimates at each possible site and location for the provision of therapeutic 
services and programs, including educational services, for youths living in the residences.
Sec. 6.  Funding by Department of Corrections for services or programs 
for diversion of youths from detention and commitment.  The Department of 
Corrections shall provide ongoing funding to nonprofit community-based providers of 
therapeutic services or programs for the purpose of diverting justice-involved youths from 
detention and commitment and reducing the rate of youth detention and commitment, using 
funding appropriated for that purpose.  These services or programs may include behavioral 
health services, family support, housing, community supervision, restorative justice and 
transportation.  An emphasis must be placed on offering these services or programs in rural 
parts of the State and to underserved and minority populations, on expanding existing 
services and programs that have proven effective and on adopting new evidence-based, 
innovative services and programs.  All of the funding provided for this purpose must be 
used for contracts, agreed to by the Department of Corrections and the Department of 
Health and Human Services and overseen by the Department of Corrections, with nonprofit 
community agencies that have demonstrated a history of serving youths at risk of entering 
the juvenile justice system, including youths in underserved or minority communities.
Sec. 7.  Funding by Department of Health and Human Services for services 
or programs for diversion of youths from detention and commitment.  The 
Department of Health and Human Services shall provide ongoing funding to nonprofit 
community-based providers of therapeutic services or programs for the purpose of 
diverting justice-involved youths from detention and commitment and reducing the rate of 
youth detention and commitment, using funding provided for that purpose.  These services 
or programs may include behavioral health services, family support, housing, community 
supervision, crisis stabilization and transportation.  An emphasis must be placed on offering 
these services or programs in rural parts of the State and to underserved and minority 
populations, on expanding existing services and programs that have proven effective and 
on adopting new evidence-based, innovative services and programs.  At least 70% of the 
funding provided for this purpose must be used for contracts, agreed to by the Department 
of Corrections and the Department of Health and Human Services and overseen by the 
Department of Health and Human Services, with nonprofit community agencies that have 
demonstrated a history of serving youths at risk of entering the juvenile justice system, 
including youths in underserved or minority communities.
Sec. 8.  Appropriations and allocations.  The following appropriations and 
allocations are made.
CORRECTIONS, DEPARTMENT OF
Juvenile Community Corrections 0892
Initiative: Provides an appropriation to the Department of Corrections to provide ongoing 
funding to nonprofit community-based providers for community-based, therapeutic 
services or programs for the purpose of diverting justice-involved youths from detention 
and commitment and reducing the rate of youth detention and commitment.
GENERAL FUND
2020-21
2021-22
   All Other
$0
$1,500,000
__________
__________
GENERAL FUND TOTAL
$0
$1,500,000
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Mental Health Services - Children Z206
Initiative: Provides an appropriation to the Department of Health and Human Services to 
provide ongoing funding to providers of community-based, therapeutic services or 
programs for the purpose of diverting justice-involved youths from detention and 
commitment and reducing the rate of youth detention and commitment.
GENERAL FUND
2020-21
2021-22
   All Other
$0
$500,000
__________
__________
GENERAL FUND TOTAL
$0
$500,000
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill repeals a provision of the Maine Juvenile Code that establishes as a purpose 
of pre-adjudication detention providing physical care for a juvenile who cannot return 
home because there is no parent or other suitable person willing and able to supervise the 
juvenile adequately.
The bill, based on recommendations of the Department of Corrections, calls for the 
setting of benchmarks for measuring progress in reducing the average daily populations of 
detained youths and committed youths through July 1, 2024.
The bill directs the Juvenile Justice Advisory Group to reestablish the juvenile justice 
task force to help implement the recommendation made in the February 2020 report issued 
by the Maine Juvenile Justice System Assessment and Reinvestment Task Force.  The task 
force is directed to work with stakeholder groups and the Department of Corrections and 
the Department of Health and Human Services regarding the development of a community-
based system of therapeutic services for justice-involved youths that works to divert youths 
from detention and commitment, reduce the rates of detention and commitment across the 
State and achieve the benchmarks for progress established in this bill.
The bill requires annual reports on juvenile justice from the Department of Corrections 
to the joint standing committee of the Legislature having jurisdiction over criminal justice 
and public safety matters through January 31, 2025.
The bill requires that, by January 1, 2022, the Department of Corrections report to the 
joint standing committee of the Legislature having jurisdiction over criminal justice and 
public safety matters on possible locations for 2 to 4 small, secure, therapeutic residences 
for youths for the purposes of providing detention and confinement for a maximum 
occupancy of a total of 20 youths.  One of the residences must be located in Cumberland 
County, one must be in Penobscot County and 2 other possible locations may be identified.  
Options must include existing structures for renovation as small, secure, therapeutic 
residences.  The report must include information regarding staffing options and options and 
cost estimates at each possible site and location for the provision of therapeutic services 
and programs, including educational services, for youths living in the residences.
The bill appropriates $1,500,000 to the Department of Corrections and $500,000 to the 
Department of Health and Human Services to provide ongoing funding for community-
based, therapeutic services or programs for the purpose of diverting justice-involved youths 
from detention and commitment and reducing the rate of youth detention and commitment.