Resolve, to Establish the Commission to Recommend Cost-effective, Safe, Administrable and Healthful Programs to Reduce Violence in Prisons and Jails
Maine Legislature, Session 131, LD 1543
Committee: Criminal Justice and Public Safety
Sponsors: MOONEN, SALISBURY

Legislative Document
No. 1543
H.P. 995
House of Representatives, April 6, 2023
Resolve, to Establish the Commission to Recommend Cost-effective, 
Safe, Administrable and Healthful Programs to Reduce Violence in 
Prisons and Jails
(EMERGENCY)
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Cosponsored by Representative: SALISBURY of Westbrook.
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 resolve establishes the Commission to Recommend Cost-effective, 
Safe, Administrable and Healthful Programs to Reduce Violence in Prisons and Jails, an 
interagency, stakeholder and expert commission to advance cost-effective, safe, 
administrable and healthful programs to reduce violence in Maine prisons and jails; and
Whereas, the work of the commission must be initiated before the 90-day period 
expires in order that the work 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 the Commission to 
Recommend Cost-effective, Safe, Administrable and Healthful Programs to Reduce 
Violence in Prisons and Jails, referred to in this resolve as "the commission," is established.
Sec. 2.  Commission membership.  Resolved:  That, notwithstanding Joint Rule 
353, the commission consists of 15 members as follows:
1.  Two members of the Senate appointed by the President of the Senate, including one 
member from each of the 2 parties holding the largest number of seats in the Legislature;
2.  Three members of the House of Representatives appointed by the Speaker of the 
House, including at least one member from each of the 2 parties holding the largest number 
of seats in the Legislature;
3.  The Commissioner of Corrections or the commissioner's designee;
4.  A member representing the Maine Medical Association, appointed by the President 
of the Senate; 
5.  A member representing a statewide organization advocating for the interests of 
people who are incarcerated, appointed by the President of the Senate;
6.  A member representing the organization responsible for collective bargaining for 
correctional officers in the State, appointed by the President of the Senate;
7.  A member representing an organization advocating for the interests of persons with 
developmental disabilities or behavioral health issues, including substance use disorder, 
appointed by the President of the Senate;
8.  A member representing a public health organization, appointed by the President of 
the Senate;
9.  A member representing the Maine Sheriffs' Association, appointed by the Speaker 
of the House;
10.  A member with lived experience of solitary confinement, appointed by the Speaker 
of the House;
11.  A member representing an organization advocating for the interests of racial 
minorities, appointed by the Speaker of the House; and 
12.  A member representing the Maine Association of Psychiatric Physicians, 
appointed by the Speaker of the House.
The commission may request that individuals with specific expertise in methods, costs 
and impacts of reducing violence in prisons and jails, including but not limited to current 
staff of the Department of Corrections, members of the State Sheriffs' Association and other 
experts, serve as consultants to the commission.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the 
commission.
Sec. 4.  Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the commission shall examine violence in prisons 
and jails in the State, including resident or inmate on staff violence, resident or inmate on 
resident or inmate violence, staff on resident or inmate violence, self-harm by residents or 
inmates and self-harm by staff, and the current methods of responding to that violence.  In 
conducting its examination, the commission shall consider:
1.  The conditions, including, but not limited to housing, health, health treatment and 
program status, surrounding the violence in each case;
2.  Different models of care and management, both domestic and international, used to 
reduce violence in prisons and jails;
3.  The costs and savings of instituting model administrable violence reduction 
programs in prisons and jails in the State;
4.  The effects of violence in prisons and jails on staff retention and recruitment, health 
care costs, reentry success and recidivism; and
5.  The development of measures to reduce violence in prisons and jails in the State.
The Commissioner of Corrections shall ensure that members of the commission have 
complete access to the inside of the jails or prisons in the State as needed during the course 
of the commission's performance of its duties under this section and have the ability to 
interview any persons who are incarcerated.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff support 
is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report.  Resolved:  That, no later than December 6, 2023, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 131st Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve establishes the Commission to Recommend Cost-effective, Safe, 
Administrable and Healthful Programs to Reduce Violence in Prisons and Jails.  The 
commission is directed to examine the issue of violence in prisons and jails in the State, 
including the development of measures to reduce that violence, and to submit a report by 
December 6, 2023 for presentation to the Second Regular Session of the 131st Legislature.