An Act To Prohibit the Privatization of State Correctional Facilities and the State's Forensic Hospitals

Sec. 1. 34-A MRSA §1201,  as amended by PL 1991, c. 314, §9, is further amended to read:

§ 1201. Legislative intent; findings

Recognizing the need to firmly control all of the State's correctional and detention facilities, provide for the safety of staff and clients, undertake appropriate programming for the classification, education, rehabilitation and maintenance of clients and assure an effective system for the supervision of parolees and probationers, it is the intent of the Legislature to create a Department of Corrections to improve the administration of correctional facilities, programs and services for clients.

The Legislature finds and declares that the management and operation of a correctional facility or institution or a forensic hospital that provides psychiatric services to the correctional system and the court system involve functions that are inherently governmental. The imposition of punishment on errant citizens through incarceration requires the State, a unit of local government or a county sheriff to exercise their coercive police powers over individuals and is thus distinguishable from privatization in other areas of government. It is further found that issues of liability, accountability and cost warrant a prohibition of the ownership, operation or management of correctional facilities by private contractors.

Sec. 2. 34-A MRSA §1201-A  is enacted to read:

§ 1201-A.  Certain contracts prohibited

After the effective date of this section, the State, a unit of local government or a county sheriff is prohibited from contracting with a private contractor or private vendor for the provision of services relating to the operation of a correctional facility or a forensic hospital or the incarceration of persons in the custody of the department or a sheriff.

summary

This bill prohibits the privatization of state correctional facilities and forensic hospitals that provide psychiatric services to the correctional system and the Maine court system.