An Act to Establish the
Maine Legislature, Session 132, LD 1962
Committee Amendment CA_A_S577 (Senate)
Amends: 34-A MRSA §3001-A, 34-A MRSA §3001-B

COMMITTEE AMENDMENT " |\ " to S.P. 769, L.D. 1962, "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
Address Vacancies on the Board of Visitors' ,
Amend the bill by striking out everything after the enacting clause and inserting the
following:
"See. 1. 34-A MRSA §3001-A, sub-gl, as amended by PL 2023, c. 383, §2, is
further amended to read:
1. Appointment. ¥he Except as provided in paraaraph 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.
F. 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
.(§>
COMMITTEE AMENDMENT " P^" to S.P. 769, L.D. 1962 ($ ^
H. If a vacancy occurs within a board of visitors, the commissioner shall provide notice
to the Governor, the President of the Senate andthe_SDeaker ofLthe House of
Representatives within 5 days of the vacancy. A vacancy oa a board of visitors under
this section must be filled by the Governor within 90 days of the notice of vacancy. If
the Governor fails to apDoint a member within 90 days of the notice of vacancy, the
President of the Senate and the Speaker of the House of Representatives shall iQmtlv
appoint a member to fill the vacancy pursuant to this subsection.
See. 2. 34-A MRSA §3001-B is enacted to read: .
S3001-B. Leeislator access to correctional facilities and detention facilities
Each Legislator/assigned to the joint standina committee of the Legislature havine
jurisdiction over corrections matters must be provided open access to all physical aregs_of
a correctional facilitvand detention facility, includinp access to areas housine clients, A
Leaislator must be provided the ouportumtv to speak to clients and facility staff. A
Leeislator shall adhere to all federal and state laws repardinB confidenttalitv. The chief
administrative officer of a facility may only prohibit a Legislator's access to a facility if an
emereencv situation is certified pursuant to section 3005.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority 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 permits a sitting Legislator of the joint standing committee of the
Legislature having jurisdiction over corrections matters to access all physical areas of
correctional facilities and the Long Creek Youth Development Center except when an
emergency situation has been certified.
FISCAL NOTE REQUIRED
(See attached)
Page2"132LR1217(02)
COMMITTEE AMENDMENT
) -^ ' ) Approved: 02/27/26 l-Ki-
LD 1962 LR 1217(02)
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
•^- y^b
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.
LR 1217(02) - Fiscal Note - Page 1 of 1