An Act To Better Coordinate and Reduce the Cost of the Delivery of State and County Correctional Services
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the unification of state and county correctional services will require concentrated planning and continued coordination of efforts for successful implementation; and
Whereas, authorizing the transitional team to meet immediately will contribute to this effort and help lay the foundation for the work of the corrections working group and the State Board of Corrections; 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,
PART A
Sec. A-1. 4 MRSA §1057, sub-§3, as amended by PL 2003, c. 673, Pt. TT, §2, is further amended to read:
Sec. A-2. 4 MRSA §1057, sub-§3-A is enacted to read:
At the close of each month, the State Controller shall calculate the amount to be transferred to the State Board of Corrections Investment Fund based on the collections made during the month. The State Controller shall transfer by journal entry the amount due to the State Board of Corrections Investment Fund. This subsection takes effect July 1, 2009.
Sec. A-3. 5 MRSA §12004-G, sub-§6-C is enacted to read:
Corrections | State Board of Corrections | Expenses Only | 34-A MRSA §1801 |
Sec. A-4. 14 MRSA §5545, 2nd ¶, as amended by PL 1999, c. 583, §1; PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
Whenever, under this section or under any other section in this chapter, a court issues a writ of habeas corpus ordering before it a prisoner confined in any penal or correctional institution under the control of the Department of Health and Human Services or the Department of Corrections, or confined in any county jail, its order as to the transportation of the prisoner to and from the court must be directed to the sheriff of the county in which the court is located. It is the responsibility of the sheriff or any one or more of the sheriff's authorized deputies pursuant to any such order to safely transport a prisoner to and from the court and to provide safe and secure custody of the prisoner during the proceedings, as directed by the court. At the time of removal of a prisoner from an institution, the transporting officer shall leave with the head of the institution an attested copy of the order of the court, and upon return of the prisoner shall note that return on the copy. This paragraph as it relates to the responsibility for transportation is applicable to transfers from the county jail to any other county jail or to a state correctional facility under Title 30-A 34-A, section 1656 1405.
Sec. A-5. 30-A MRSA §101, sub-§6-B is enacted to read:
Sec. A-6. 30-A MRSA §406 is enacted to read:
§ 406. Duties of the sheriffs in support of the State Board of Corrections
In addition to other duties set out in this Title, the sheriffs, working with the Commissioner of Corrections and the county commissioners, have the following duties to support the State Board of Corrections, referred to in this section as "the board," in its efforts to accomplish its purpose as defined in Title 34-A, section 1801.
Sec. A-7. 30-A MRSA §701, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
The estimates must be drawn so as to authorize the appropriations to be made to each department or agency of the county government for the year. The estimates must provide specific amounts for personal services, contractual services, commodities, debt service and capital expenditures made or provided by the county for noncorrectional-related services. The estimates must include specific amounts for each noncorrectional service expenditure.
Sec. A-8. 30-A MRSA §701, sub-§2-A is enacted to read:
The assessment to municipalities within each county may not be greater than the fiscal year 2007-08 county assessment for correctional-related expenditures, which is:
Notwithstanding this subsection, the county assessment for correctional services-related expenditures in Somerset County must be set at the fiscal year 2009-10 level when the new Somerset County Jail is open and operating at a level sufficient to sustain the average daily number of inmates from Somerset County.
For the purposes of this subsection, "correctional services" includes the management services, personal services, contractual services, commodity purchases, capital expenditures and all other costs, or portions thereof, necessary to maintain and operate correctional services.
Sec. A-9. 30-A MRSA §701, sub-§2-B is enacted to read:
Sec. A-10. 30-A MRSA §706-A, sub-§1, as amended by PL 2005, c. 621, §§5 to 7, is further amended to read:
(1) For the tax year of any county that began prior to January 1, 2009, total annual county appropriations reduced by all resources available to fund those appropriations other than the county tax; or
(2) For the tax year of any county that begins on or after January 1, 2009, total annual county appropriations for noncorrectional-related services as established in section 701, reduced by all resources available to fund those appropriations other than the county tax.
Sec. A-11. 30-A MRSA §709 is enacted to read:
§ 709. County correctional services budgets presented to State Board of Corrections
Notwithstanding any other provision of law, beginning July 1, 2008 and for all subsequent fiscal years, 4 months prior to the beginning of the fiscal year the county clerk from each county shall submit that county's annual correctional services budget for the state fiscal year to the State Board of Corrections established in Title 5, section 12004-G, subsection 6-C. The budget submitted must be signed by the chair of the county commissioners and attested to by the county commissioners' clerk. The budget must include specific amounts for each correctional services related expenditure.
Sec. A-12. 30-A MRSA §710 is enacted to read:
§ 710. County correctional services budget procedure
If the county correctional services budget submitted exceeds the growth limitation established under subsection 1 or is inconsistent with board directives under Title 34-A, section 1803, the board must further review, amend and adopt a correctional services budget for the county under subsections 3, 4 and 5.
Sec. A-13. 30-A MRSA §932, sub-§3 is enacted to read:
Prior to February 15th of the transitional budget year, the municipal officers of each municipality in the county shall notify the county clerk in writing of the manner in which the municipality intends to pay its portion of the transitional county budget for the period of January 1st to June 30th. At the time of notification, the municipal officers shall indicate whether the municipality intends to pay its full share of the January 1st to June 30th transitional budget by December 31st of that year in accordance with section 706 or whether the municipality intends to pay its share of the transitional budget in equal payments over 2, 3, 4 or 5 years, ending no later than 5 years. In accordance with the payment schedule indicated in its notification, a municipality not paying its full portion of the transitional budget in that year shall make payments for the transitional budget to the county at the time the municipality makes its payment to the county for the current year. Each municipality is responsible to the county for the municipality's share of the January 1st to June 30th transitional budget and any interest incurred by the county for borrowing on behalf of the municipality in anticipation of taxes as provided in this subsection.
Sec. A-14. 30-A MRSA §1557-A, as enacted by PL 1995, c. 647, §5, is repealed.
Sec. A-15. 30-A MRSA §1558, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed.
Sec. A-16. 30-A MRSA §1656, as amended by PL 2001, c. 458, §2, is repealed.
Sec. A-17. 30-A MRSA §1671, sub-§1, as enacted by PL 2007, c. 377, §7, is amended to read:
Sec. A-18. 30-A MRSA §1671, sub-§3, as enacted by PL 2007, c. 377, §7, is amended to read:
Sec. A-19. 30-A MRSA §1671, sub-§4, as enacted by PL 2007, c. 377, §7, is repealed.
Sec. A-20. 30-A MRSA §1671, sub-§5, as enacted by PL 2007, c. 377, §7, is repealed.
Sec. A-21. 34-A MRSA §1209-A, sub-§2, ¶H, as enacted by PL 2007, c. 377, §8, is amended to read:
Sec. A-22. 34-A MRSA §1209-A, sub-§2, ¶I, as enacted by PL 2007, c. 377, §8, is amended to read:
Sec. A-23. 34-A MRSA §1209-A, sub-§2, ¶J is enacted to read:
Sec. A-24. 34-A MRSA §1209-A, sub-§5, as enacted by PL 2007, c. 377, §8, is amended to read:
Sec. A-25. 34-A MRSA §1210-A, as amended by PL 2007, c. 377, §§9 to 11, is further amended to read:
§ 1210-A. Community corrections
The appropriation for fiscal year 2008-09 for the County Jail Prisoner Support and Community Corrections Fund must be no less than the appropriation for fiscal year 2007-08.
Before distributing to a county that county's entire distribution from the County Jail Prisoner Support and Community Corrections Fund, the department shall require that county to submit appropriate documentation verifying that the county expended 20% of its prior distribution for the purpose of community corrections as defined in subsection 1. If a county fails to submit appropriate documentation verifying that the county expended 20% of its prior distribution for the purpose of community corrections, the department shall distribute to that county only 80% of its distribution from the County Jail Prisoner Support and Community Corrections Fund. The department shall distribute the 20% not distributed to that county to all other counties that submit appropriate documentation verifying compliance with the 20% expenditure requirement for the purpose of community corrections. The department shall distribute these funds to those qualifying counties in an amount equal to each county's percent distribution pursuant to subsection 3.
Sec. A-26. 34-A MRSA §1210-B, as amended by PL 2007, c. 539, Pt. SSS, §1, is repealed.
Sec. A-27. 34-A MRSA §1210-C, as enacted by PL 2007, c. 377, §13, is repealed.
Sec. A-28. 34-A MRSA §1404 is enacted to read:
§ 1404. Duties and powers of the commissioner in support of State Board of Corrections
In addition to other duties and powers set out in this Title, the commissioner has the following duties and powers to support the State Board of Corrections, referred to in this section as "the board," in its efforts to accomplish its purpose as described in section 1801.
(1) Facility population by gender; classification; legal status, including pretrial or sentenced; special needs; and any other parameters determined by the commissioner; and
(2) Facility capacity and available bed space or bed space needs by the reportable parameters under subparagraph (1); and
Sec. A-29. 34-A MRSA §1405 is enacted to read:
§ 1405. Transfer from county jails or correctional facilities
Sec. A-30. 34-A MRSA c. 1, sub-c. 5 is enacted to read:
SUBCHAPTER 5
STATE BOARD OF CORRECTIONS
§ 1801. State Board of Corrections
The State Board of Corrections, referred to in this subchapter as "the board," is established by Title 5, section 12004-G, subsection 6-C.
§ 1802. Board membership
§ 1803. Board responsibilities and duties
The board is charged with the following responsibilities and duties.
§ 1804. Corrections working group
The commissioner, the president of a statewide county commissioners association and the president of a statewide sheriffs association shall develop a memorandum of understanding for approval by the board that establishes an informal corrections working group consisting of representatives of the department, sheriffs and county commissioners. The commissioner, the president of a statewide county commissioners association and the president of a statewide sheriffs association shall name 2 cochairs to convene and lead the working group. One chair must represent the department and one chair must represent county government. The cochairs shall select the remaining members of the working group based on criteria established by the parties in the memorandum of understanding.
The corrections working group shall meet as needed and as requested by either one or both cochairs to engage in information sharing and to discuss and resolve any issues or problems experienced in daily operation of the unified correctional system, including the placement of inmates. The group shall advise and assist the board in the ongoing improvement of the unified correctional system. In carrying out this function, the working group may consult with experts and stakeholders, including but not limited to prosecutors, defense attorneys, judges, victim advocates, providers and advocates for persons with mental illness and other interested parties. If an issue arises that cannot be responded to by the working group, the board shall meet to review the issue. The working group shall report to the board.
§ 1805. State Board of Corrections Investment Fund
§ 1806. Community corrections funds distributed by board
Sec. A-31. 34-A MRSA §3063, as amended by PL 1999, c. 583, §14, is repealed.
Sec. A-32. 34-A MRSA §3063-A, as amended by PL 1997, c. 464, §13, is repealed.
Sec. A-33. Boarding rates for state prisoners in county jails. The boarding rate charged to the Department of Corrections for housing state prisoners in the following county jails for fiscal year 2008-09 may not be greater on a daily basis than:
A. Twenty dollars in Cumberland County jail;
B. Twenty-one dollars and 16 cents in York County jail; and
C. Twenty-one dollars and 16 cents in Somerset County jail.
The Commissioner of Corrections may negotiate agreements with other counties to board state prisoners at other county jails at marginal rates as agreed upon with those counties.
This section is repealed July 1, 2009.
Sec. A-34. Staggered terms and chair. Notwithstanding the Maine Revised Statutes, Title 34-A, section 1802, subsections 2 and 3, the Governor shall name one public member appointed under Title 34-A, section 1802, subsection 1, paragraph E to serve as the first chair of the State Board of Corrections, and that public member must be appointed to a 3-year term. Two other appointees must be initially appointed to 3-year terms, 3 members must be appointed to 2-year terms and the remaining 3 members must be appointed to one-year terms.
Sec. A-35. Property ownership. Nothing in this Act may be construed to confer to the State ownership, either now or in the future, of any real or personal property owned by a county. Any correctional facility or county jail downsized or closed pursuant to the Maine Revised Statutes, Title 34-A, section 1803, subsection 2, paragraph C remains the property of the State or county, respectively.
Sec. A-36. Transitional team. Until the State Board of Corrections is appointed pursuant to the Maine Revised Statutes, Title 34-A, section 1802 and approves a memorandum of understanding pursuant to Title 34-A, section 1804, including naming the corrections working group, the Commissioner of Corrections shall invite the President of the Maine Sheriffs Association and the President of the Maine County Commissioners to meet to develop a temporary transitional team to develop the memorandum of understanding and begin working on necessary issues in preparation of the corrections working group.
Sec. A-37. Transition reserve account. An operating reserve account within the State Board of Corrections Investment Fund, as established by the Maine Revised Statutes, Title 34-A, section 1805, for county jail budget growth during the counties' 2009-10 fiscal year is established. The Commissioner of Corrections shall submit a plan to the Governor and the Commissioner of Administrative and Financial Services for the inclusion of a $1,500,000 appropriation to the operating reserve account of the State Board of Corrections Investment Fund in a supplemental or biennial budget bill authorizing appropriations and allocations for the 2009-10 fiscal year.
Sec. A-38. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
County Jail Prisoner Support and Community Corrections Fund 0888
Initiative: Restores funds for the County Jail Prisoner Support and Community Corrections Fund program.
GENERAL FUND | 2007-08 | 2008-09 |
All Other
|
$0 | $1,046,562 |
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GENERAL FUND TOTAL | $0 | $1,046,562 |
State Board of Corrections Investment Fund N048
Initiative: Provides funds to board approximately 100 inmates in various county jails.
GENERAL FUND | 2007-08 | 2008-09 |
All Other
|
$0 | $772,340 |
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|
GENERAL FUND TOTAL | $0 | $772,340 |
State Board of Corrections Investment Fund N048
Initiative: Provides funds for expenses of the State Board of Corrections.
GENERAL FUND | 2007-08 | 2008-09 |
All Other
|
$0 | $20,000 |
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|
GENERAL FUND TOTAL | $0 | $20,000 |
CORRECTIONS, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2007-08 | 2008-09 |
GENERAL FUND
|
$0 | $1,838,902 |
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DEPARTMENT TOTAL - ALL FUNDS | $0 | $1,838,902 |
PART B
Sec. B-1. PL 2007, c. 539, Pt. H, §1 is amended to read:
Sec. H-1. Transfer of funds from Accident, Sickness and Health Insurance Internal Service Fund. Notwithstanding any other provision of law, the State Controller shall transfer $500,000 by June 30, 2008 and $1,117,799 $1,317,826 by June 30, 2009 from the Accident, Sickness and Health Insurance Internal Service Fund in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund. The State Controller shall also transfer the equitable share of health insurance savings to each participating fund by June 30, 2008 and June 30, 2009. The fund transfers are to recognize health insurance savings achieved through changes to be adopted by the State Employee Health Commission.
Sec. B-2. PL 2007, c. 539, Pt. H, §4 is amended to read:
Sec. H-4. Transfer of funds from Retiree Health Insurance Internal Service Fund. Notwithstanding any other provision of law, the State Controller shall transfer $185,196 $244,944 by June 30, 2009 from the Retiree Health Insurance Internal Service Fund in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund. The State Controller shall also transfer the equitable share of retiree health insurance savings to each participating fund by June 30, 2009. The fund transfers are to recognize retiree health insurance savings achieved through changes to be adopted by the State Employee Health Commission.
Sec. B-3. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Revenue Services - Bureau of 0002
Initiative: Provides funding for 2 additional Revenue Agent positions assigned to the income and estate tax division to audit pass-through entity and corporate income tax returns. These new positions will increase budgeted gross tax revenue by $1,000,000 in fiscal year 2008-09 and $2,000,000 each year thereafter.
GENERAL FUND | 2007-08 | 2008-09 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 2.000 |
Personal Services
|
$0 | $139,098 |
All Other
|
$0 | $30,762 |
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GENERAL FUND TOTAL | $0 | $169,860 |
PART C
Sec. C-1. PL 2007, c. 539, Pt. QQ is repealed.
Sec. C-2. Review of statewide vacancies. The Commissioner of Administrative and Financial Services shall review vacant positions throughout State Government, regardless of funding source, and shall identify positions to be eliminated. The Commissioner of Administrative and Financial Services is authorized to identify savings to the General Fund from this review. Notwithstanding any other provision of law, the State Budget Officer shall eliminate positions and available balances by financial order upon approval of the Governor in order that a minimum of $1,000,000 in General Fund savings is realized in fiscal year 2008-09.
Sec. C-3. Calculation and transfer; General Fund savings through eliminating vacant positions. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amounts of savings from position eliminations that result from this Part that apply against each General Fund account and shall transfer the amounts by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations and position counts in fiscal year 2008-09. The State Budget Officer shall provide the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and over state and local government matters a report of the transferred amounts not later than January 15, 2009.
Sec. C-4. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Executive Branch Departments and Independent Agencies - Statewide 0017
Initiative: Deappropriates funds from position vacancies identified in this Part.
GENERAL FUND | 2007-08 | 2008-09 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | (25.000) |
Personal Services
|
$0 | ($1,799,987) |
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GENERAL FUND TOTAL | $0 | ($1,799,987) |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.