Sec. 4. 34-A MRSA §1210-A, sub-§4, as enacted by PL 1997, c. 753, §2, is amended to read:

4. Change in state funding of county jails. If a county experiences at least a 10% increase in the total annual jail operating budget or if a county issues a bond for the construction of a new jail or renovation of an existing jail, the county may file with the department a request for an increase in the amount of state funds the county receives for the support of prisoners. A county must file a request for an increase in the amount of state funds the county receives for the support of prisoners by February 15th for an increase experienced in the prior fiscal year. The department shall review the request, and, if the county demonstrates a need for the increase, the department shall forward the request to the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters. If the committee approves the county's requested increase, the department shall distribute the approved amount to the county from the surcharges collected under subsection 9.__All funds distributed under this subsection must be used only for the purpose of funding counties' costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections.

Sec. 5. 34-A MRSA §1210-A, sub-§9 is enacted to read:

9.__Surcharge imposed.__In addition to the 12% surcharge collected pursuant to Title 4, section 1057 and the 2% surcharge collected pursuant to Title 4, section 1057-A, an additional 1% surcharge must be added to every fine, forfeiture or penalty imposed by any court in this State, which for the purposes of collection and collection procedures is considered a part of the fine, forfeiture or penalty.__All funds collected pursuant to this subsection are nonlapsing and must be deposited monthly in the County Jail Prisoner Support and Community Corrections Fund that is administered by the department.__All funds collected pursuant to this subsection must be distributed to counties that have experienced at least a 10% increase in their total annual jail operating budget or to counties that have issued bonds for the construction of a new jail or renovation of an existing jail and that meet all other requirements under subsection 4.__Funds distributed to counties pursuant to this subsection must be used

for the sole purpose of funding costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections.

Sec. 6. County requests. Notwithstanding the February 15th reporting requirement in section 4 of this Act, requests for additional funding made by York County, Hancock County and Somerset County received by the Department of Corrections no later than February 28, 2002 do not have to be resubmitted.

Sec. 7. Effective date. This Act takes effect August 1, 2002.

Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.

CORRECTIONS, DEPARTMENT OF

County Jail Prisoner Support

and Community Corrections Fund

Initiative: Allocates funds to be distributed to certain counties that experience at least a 10% increase in their annual jail operating budgets. The dedicated revenue to support this allocation is derived from a 1% surcharge on all fines, forfeitures or penalties imposed by any court in the State.

Other Special Revenue funds 2001-02 2002-03

All Other $0 $134,415

CORRECTIONS, DEPARTMENT OF

DEPARTMENT TOTAL 2001-02 2002-03

OTHER SPECIAL REVENUE FUNDS $0 $134,415

________

DEPARTMENT TOTAL - ALL FUNDS $0 $134,415

JUDICIAL DEPARTMENT

Courts - Supreme, Superior and District

Initiative: Appropriates one-time funds necessary to implement a new surcharge on all fines, forfeitures or penalties imposed by any court in the State.

General Fund 2001-02 2002-03

Personal Services $0 $ 1,772

All Other 0 21,886

______

Total $0 $23,658

JUDICIAL DEPARTMENT

DEPARTMENT TOTAL 2001-02 2002-03

GENERAL FUND $0 $23,658

______

DEPARTMENT TOTAL - ALL FUNDS $0 $23,658

SECTION TOTALS 2001-02 2002-03

GENERAL FUND $0 $23,658

OTHER SPECIAL REVENUE FUNDS $0 $134,415

________

SECTION TOTAL - ALL FUNDS $0 $158,073

FISCAL NOTE

2002-03

APPROPRIATIONS/ALLOCATIONS

General Fund $23,658

Other Funds 134,415

REVENUES

Other Funds $134,415

The 1% surcharge on all fines, forfeitures or penalties imposed by any court in the State is expected to increase Other Special Revenue in the Department of Corrections by $134,415 in fiscal year 2002-03. The annual increase in revenue is estimated to be $202,655. This bill includes an Other Special Revenue funds allocation of $134,415 in fiscal year 2002-03 to the County Jail Prisoner Support and Community Corrections Fund to provide funds to counties to support a portion of county jail costs under certain circumstances.

This bill also includes a one-time General Fund appropriation of $23,658 in fiscal year 2002-03 for the Judicial

Department to support the costs related to establishing an additional surcharge on all fines, forfeitures or penalties.

SUMMARY

This bill creates a new 1% surcharge on all fines, forfeitures or penalties imposed by any court in this State. Funds collected pursuant to this bill are nonlapsing and must be deposited monthly in the County Jail Prisoner Support and Community Corrections Fund that is administered by the Department of Corrections. All funds collected pursuant to this subsection must be distributed to counties that have experienced at least a 10% increase in their total annual jail operating budget or for counties that have issued bonds for the construction of a new jail or renovation of an existing jail and that meet all other requirements under the Maine Revised Statutes, Title 34-A, section 1210-A, subsection 4. Funds distributed to counties pursuant to this bill must be used for the sole purpose of funding costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections. The bill specifies that requests for additional funds received from York, Hancock and Somerset counties no later than February 28, 2002 need not be resubmitted to the Department of Corrections. The bill also includes a fiscal note and an appropriations and allocations section and is effective August 1, 2002.