LD 1903
pg. 25
Page 24 of 30 An Act To Further Implement the Recommendations of the Commission To Improve th... Page 26 of 30
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LR 2718
Item 1

 
Sec. 32. PL 2003, c. 451, Pt. K, §2, sub-§7 is enacted to read:

 
7.__Authorized duties; nonlapsing funds.__The commission is
authorized to conduct any additional work authorized by law
within its budgeted resources.__Any unencumbered balance of
General Fund appropriations originally appropriated to support
the work of the commission that remain on June 30, 2004 within
the Department of Corrections may not lapse but must be carried
forward to June 30, 2005 to be used for the same purpose.

 
Sec. 33. Addressing mental illness in prisons and jails. No later than April
1, 2004, the Department of Corrections and the Department of
Behavioral and Developmental Services shall develop a joint plan
of action to address mental illness in the criminal justice
community. In developing the plan the departments shall invite
the Maine Sheriffs' Association to participate. The plan will be
delivered to the Commission to Improve the Sentencing,
Supervision, Management and Incarceration of Prisoners.

 
Sec. 34. Legislative intent; moratorium on changes to Maine Criminal Code. It is
the intent of the Legislature that, from the effective date of
this Act for a period of one year, no amendments to the Maine
Revised Statutes, Title 17-A may take effect in order that the
impact of sentencing on inmate populations may be adequately
studied and that other actions to alleviate the current
overcrowding crisis faced in state prisons and county jails may
occur except for any amendments to the Maine Criminal Code as
recommended by the Commission to Improve Community Safety and Sex
Offender Accountability. The Legislature further intends that any
such amendments that are enacted into law that conflict with this
intent during the year-long moratorium should be given no effect
by State Government, including the Judicial Department.

 
Sec. 35. Impacts of sentencing and minimum mandatory sentences. The
Commission to Improve the Sentencing, Supervision, Management and
Incarceration of Prisoners, referred to in this section as "the
commission," which was established in Public Law 2003, chapter
451, Part K, section 2, shall undertake a study to determine the
impacts of Maine's sentencing laws on inmate population. As part
of this study, the commission shall identify changes in Maine's
sentencing laws over time, identify new laws, assess how
sentencing practices have changed and determine the impact of
sentencing on inmate population and on state and county budgets.
The commission shall undertake this work within its existing
resources should those resources allow.


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