An Act to Standardize Requirements Between Boards of Visitors for County Jails and Department of Corrections Correctional Facilities
Maine Legislature, Session 131, LD 1626
Committee: Criminal Justice and Public Safety
Sponsors: BEEBE-CENTER, DUSON
Amends: 30-A MRSA §1651, 34-A MRSA §3001-A

Legislative Document
No. 1626
S.P. 643
In Senate, April 12, 2023
An Act to Standardize Requirements Between Boards of Visitors for 
County Jails and Department of Corrections Correctional Facilities
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BEEBE-CENTER of Knox.
Cosponsored by Senators: DUSON of Cumberland, LaFOUNTAIN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §1651, as amended by PL 2021, c. 620, §3, is further amended 
to read:
§1651.  Examination of jails; board of visitors
1.  Examination.  At the commencement of each session required by law, the county 
commissioners shall examine the jail in their county and take necessary precautions for the 
security of prisoners, for the prevention of infection and sickness and for the 
accommodations of the prisoners.
2.  Appointment.  The sheriff for each county shall appoint a board of 7 visitors for 
each correctional facility under the sheriff's supervision.
A.  Members of the boards of visitors serve for terms of one year 3 years.
B.  Members of the boards of visitors are eligible for reappointment at the expiration 
of their terms.  The boards of visitors must be representative of a broad range of 
professionals, family members and citizens interested in the well-being of prisoners, 
including representatives of advocacy groups for human and civil rights, medical and 
psychiatric professionals, persons who have served in corrections settings and other 
interested citizens.  One member of each board of visitors must be a person with 
knowledge of issues related to the incarceration of women.  One member of each board 
of visitors must be a woman who has been incarcerated in the State and who has prior 
child welfare experience with the Department of Health and Human Services, Office 
of Child and Family Services. One member of each board of visitors must be a medical 
or psychiatric professional.
C.  A member of the Legislature or a former or current employee of a sheriff's 
department may not serve on a board of visitors.
D.  The sheriffs of 2 or more counties, at their discretion, may appoint a joint board of 
visitors of  7 or more members.
3.  Powers.  Each board of visitors shall inspect the correctional facility to which it is 
assigned, subject to reasonable restrictions required by the sheriff to ensure the security of 
the jail, and make recommendations to the sheriff with respect to inmates who are mentally 
ill.
4.  Duties.  Boards of visitors have the following duties.
A.  Each board of visitors shall inspect the correctional facility to which it is assigned. 
Each board of visitors must be provided open access to all physical areas of the 
correctional facility, including access to areas housing prisoners. Each board of visitors 
must be provided the opportunity to speak to prisoners and to staff. Members of the 
board of visitors shall comply with all sheriff's department policies and procedures and 
facility security practices regarding access to the correctional facility, shall adhere to 
all federal and state laws regarding confidentiality and shall refer concerns or 
complaints regarding specific individuals to the jail administrator or advocate.
B.  Each board of visitors shall make recommendations to the sheriff regarding services 
or treatment for prisoners who have mental health challenges or are mentally ill.
C.  Each board of visitors shall review the management of the correctional facility to 
which it is assigned to determine whether that management is consistent with the 
philosophy, mission and policy goals of the sheriff's department and facility. On or 
before the last day of the calendar year, each board of visitors shall prepare an annual 
report including its recommendations and shall provide copies of its report to the jail 
administrator, the county commissioners and the joint standing committee of the 
Legislature having jurisdiction over criminal justice and public safety matters. The 
sheriff shall provide copies with the sheriff's response to the reports to the joint standing 
committee of the Legislature having jurisdiction over criminal justice and public safety 
matters within one month of receiving the annual reports.
D.  Each board of visitors shall appear before the joint standing committee of the 
Legislature having jurisdiction over criminal justice and public safety matters upon 
request.
E.  Each board of visitors shall meet regularly and tour the correctional facility to which 
it is assigned at least 4 times a year. At each meeting, a board of visitors may request 
and must receive information from the jail administrator that the board determines will 
assist in the review of the management of the facility. To the extent that a board of 
visitors is not discussing matters made confidential by federal or state law, a meeting 
of the board is a public proceeding and must be conducted in accordance with Title 1, 
section 403. Boards of visitors may meet jointly.
F.  Each board of visitors shall share copies of that board's annual report with the other 
boards of visitors of that sheriff's department.
5.  Orientation and training.  A board of visitors must receive annual training, 
including:
A.  Facilities orientation, including a tour of the correctional facility to which the board 
of visitors is assigned, explanation of the facility command structure and receipt of the 
department's publication regarding detention and correctional standards for Maine 
counties and municipalities, facility prisoner handbooks, volunteer policies and board 
of visitors policies;
B.  Review of the federal Americans with Disabilities Act of 1990 and guidance 
concerning domestic violence, substance use disorder including opioids, behavioral 
health and adverse childhood trauma;
C.  A list and explanation of available community resources;
D.  The legal requirements of this section; and
E.  Training on any other subject as determined by the sheriff or chair of the board of 
visitors.
6.  Public access.  A member of the public must have direct access to the board of 
visitors without being required to access the board through the sheriff's department or 
correctional facility administration. A prisoner handbook must provide the names and 
contact information for the membership of the board of visitors. A complaint made to a 
member of the board of visitors must be referred to the jail administrator or advocate and 
may not be directly acted upon by the member or the board.
7.  Compliance.  A correctional facility or sheriff's department that fails to comply 
with this section may be subject to withholding of state funding.
Sec. 2.  34-A MRSA §3001-A, sub-§1, as enacted by PL 2005, c. 683, Pt. B, §26, 
is amended to read:
1.  Appointment.  The Governor shall appoint a board of 5 6 visitors for each 
correctional facility under the department, as authorized by Title 5, section 12004‑I, 
subsection 5.
A.  The terms of the members of the boards of visitors are for 3 years.
B.  Members of the boards of visitors are eligible for reappointment at the expiration 
of their terms.
C.  A member of the Legislature or an a former or current employee of the department 
may not serve on any board of visitors.
D.  At least one member of each board must be a person licensed by this State to provide 
mental health services.
E.  Each member of the boards of visitors must be compensated according to the 
provisions of Title 5, chapter 379.
F.  The Governor shall appoint a chair from the membership.
G.  At least one member of each board of visitors must have been incarcerated in a 
correctional facility.
H.  Each board of visitors shall select a chair from among its members.
Sec. 3.  34-A MRSA §3001-A, sub-§2, ¶A-1 is enacted to read:
A-1.  Each board of visitors shall make recommendations to the chief administrative 
officer of the correctional facility to which the board is assigned regarding services or 
treatment for clients who have mental health challenges or are mentally ill.
Sec. 4.  34-A MRSA §3001-A, sub-§2, ¶B, as enacted by PL 2005, c. 683, Pt. B, 
§26, is amended to read:
B.  Each board of visitors shall review the management of the correctional facility to 
which it is assigned to determine whether that management is consistent with the 
philosophy, mission and policy goals of the department and facility.  Each On or before 
the last day of the calendar year, each board of visitors shall prepare an annual report 
including its recommendations and shall provide copies of its report to the chief 
administrative officer of the facility, the commissioner and the joint standing 
committee of the Legislature having jurisdiction over criminal justice and public safety 
matters.  The commissioner shall provide copies with the department's response to the 
reports to the joint standing committee of the Legislature having jurisdiction over 
criminal justice and public safety matters within one month of receiving the annual 
reports.
Sec. 5.  34-A MRSA §3001-A, sub-§2, ¶D, as enacted by PL 2005, c. 683, Pt. B, 
§26, is amended to read:
D.  Boards Each board of visitors shall meet regularly and tour the correctional facility 
to which it is assigned at least 4 times a year.  At each meeting, a board of visitors may 
request and must receive information from the chief administrative officer as that the 
board determines will assist in the review of the management of the facility.  To the 
extent that a board of visitors is not discussing matters made confidential by federal or 
state law, meetings of boards are a meeting of the board is a public proceedings 
proceeding and must be conducted in accordance with Title 1, section 403.  Boards of 
visitors may meet jointly.
Sec. 6.  34-A MRSA §3001-A, sub-§5 is enacted to read:
5.  Orientation and training.  A board of visitors must receive annual training, 
including:
A. Facilities orientation, including a tour of the correctional facility to which the board 
of visitors is assigned, explanation of the facility command structure and receipt of 
standards of the American Correctional Association or successor organization, facility 
client handbooks, volunteer policies and board of visitors policies;
B. Review of the federal Americans with Disabilities Act of 1990 and guidance 
concerning domestic violence, substance use disorder including opioids, behavioral 
health and adverse childhood trauma;
C. A list and explanation of available community resources;
D. The legal requirements of this section; and
E. Training on any other subject as determined by the commissioner or chair of the 
board of visitors.
Sec. 7.  34-A MRSA §3001-A, sub-§6 is enacted to read:
6.  Public access.  A member of the public must have direct access to the board of 
visitors without being required to access the board through the department or correctional 
facility administration. A client handbook must provide the names and contact information 
for the membership of the board of visitors. A complaint made to a member of the board 
of visitors must be referred to the chief administrative officer of the correctional facility or 
advocate and may not be directly acted upon by the member or the board.
SUMMARY
This bill amends and in part standardizes requirements and duties between the boards 
of visitors of county jails and Department of Corrections correctional facilities including 
the appointment, duties, orientation and training and access by the public to the boards of 
visitors.