An Act to Establish the
Maine Legislature, Session 132, LD 1962
Committee Amendment CA_B_S578 (Senate)
Amends: 34-A MRSA §3001-A

COMMITTEE AMENDMENT « @>" to S.P, 769, L.D. 1 962, "An Act to Establish the
Corrections Ombudsman"
Amend the bill by striking out the title and substituting the following:
'An Act to Increase Legislative Access to Department of Corrections Facilities and to
Direct the Commissioner to Establish Rules Regarding Legislator Access to
Correctional and Detention Facilities'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 34-A MRSA §3001-A, sub-§l, as amended by PL 2023, c. 383, §2, is
further amended to read:
1. Appointment. :Fhe Except as provided in paragraph H. the Governor shall appoint
a board of 7 visitors for each correctional facility under the department, as authorized by
Title 5, section 12004-1, 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 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.
P. The Governor shall appoint a chair from the membership.
0, At least one member of each board of visitors must have been incarcerated in a
correctional facility.
COMMITTEE AMENDMENT
69;
y COMMITTEE AMENDMENT " '^)>> to S.P, 769, L.D. 1962 [S'
H. If a vacancy occurs within a board of visitors, the commissioner shall provide notice
to the Governor, the President of the Senate and the Speaker of the House of
Re&resentat.ives within 5 days of the vacancy^ A vacancv^n a board of visitors_under
this section must be filled bv the Governor within 90 days of the notice of vacancy. If
the Governor fails to appoint a member within 90 days of the notice of vacancy, Jhe
President of the Senate and the Speaker of the House of Representatives shall jointly
appoint a member to fill the vacancy pursuant to this subsection.
See. 2. 34-A MR8A §3001-B is enacted to read:
83001-B. Leeislator access to correctional facilities and detention facilities
A Leeislator may access correctional facilities and detention facilities in accordance
with rules adopted bv the commissioner. In accordance with section 1402. subsection 3.
the commissioner shall adopt rules eoverninff a Leaislator's access to correctional facilities
and detention facilities. Rules adopted pursuant to this subsection are major substantive
rules as defined in Title 5. chapter 375. subchaoter 2-A.
See. 3. Rules regarding Legislator access. The Commissioner of Corrections
shall submit major substantive rules to the Legislature pursuant to the Maine Revised
Statutes, Title 34-A, section 3001 "B by January 31,2027. The mles must include provisions
regarding;
1. A Legislator's access to physical areas of correctional facilities and detention
facilities;
2. A Legislator's access to clients and staff; and
3. The circumstances in which a chief administrative officer may deny a Legislator
access to correctional facilities and detention facilities.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment, which is a minority report of the committee, changes the title and
replaces the bill. The amendment requires the Commissioner of Corrections to provide
notice to the Governor, the President of the Senate and the Speaker of the House of
Representatives within 5 days of a vacancy on a board of visitors. If the vacancy is not
filled by the Governor within 90 days, the President of the Senate and the Speaker of the
House of Representatives must jointly appoint a member to fill the vacancy. The
amendment also requires the commissioner to adopt major substantive rules governing a
Legislator's access to correctional facilities and detention facilities. The mles must be
submitted to the Legislature by January 31, 2027.
FISCAL NOTE REQUIRED
(See attached)
Page2-132LR1217(03)
COMMITTEE AMENDMENT
•-) ^ ^ ') ^ Approved: 02/27/26 L-Ki-
LD 1962 LR 1217(03)
An Act to Establish the Corrections Ombudsman
Fiscal Note for Bill as Amended by Committee Amendment
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
•B'CS-CT^
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Corrections to adopt the changes in this bill are expected to be minor and
can be absorbed within existing budgeted resources.
LR1217(03) - Fiscal Note - Page 1 of 1