‘An Act To Ensure Legislative Participation in Planning and Approval of Certain Changes in Correctional Services and To Prohibit the Privatization of Corrections Ownership and Services and Certain Ownership and Services in the Provision of Forensic Mental Health Services in Mental Health Institutes’

‘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, administration and operation of the State's correctional and detention facilities involve functions that are inherently governmental. The imprisonment of persons convicted of or detained for crimes requires discretionary decisions and the exercise of the State's coercive police powers that profoundly affect those persons and their families, distinguishing imprisonment and the privatization of imprisonment 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, administration and management by private contractors of correctional facilities.

Sec. 2. 34-A MRSA §§1201-A and 1201-B  are enacted to read:

§ 1201-A.  Certain contracts prohibited

Beginning on the effective date of this section, except for services subject to an existing contract on the effective date of this section or services that are similar to those contracted services that are provided by a contract entered into after the effective date of this section, the department is prohibited from contracting with a private contractor or private vendor for the provision of services relating to the operation of direct care and supervision, administration or management of a correctional facility for the incarceration or detention of persons in the custody of the department.

§ 1201-B.  Legislative participation and approval in planning for changes in correctional services

Beginning on the effective date of this section, the department is prohibited from decreasing the population, capacity or staffing of a state correctional facility by more than 25% within any fiscal biennium unless the department has first sought the participation and approval of the Legislature through legislation or by rule adopted as provided in this section. Any action by the department to decrease population, capacity or staffing of a state correctional facility in excess of the limit of 25% within any fiscal biennium as provided in this section may only be taken after passage of legislation by the Legislature and approval by the Governor or adoption of major substantive rules on a nonemergency basis as provided in Title 5, section 8072, subsections 1 and 2 and approval of the Legislature as provided in Title 5, section 8072, subsections 8 and 9. Rules adopted pursuant to this section are major substantive rules as defined by Title 5, chapter 375, subchapter 2-A.

Sec. 3. 34-B MRSA §3802-A and 3802-B  are enacted to read:

§ 3802-A.  Legislative intent; findings

Recognizing the need to firmly control all of the state mental health institutes, provide for the safety of staff and clients, undertake appropriate programming for the classification, treatment and maintenance of clients and assure an effective system for the supervision of clients who have been furloughed, placed on convalescent status or released with conditions, it is the intent of the Legislature to guide the department in the improvement of the administration of mental health institute placements, programs and services for clients.

The Legislature finds and declares that the management, administration and operation of the state mental health institutes and any facilities that serve clients relocated from state mental health institutes to less intensive residential facilities for persons in the custody of the commissioner involve functions that are inherently governmental. The placement of persons committed for mental health treatment to the custody of the commissioner requires discretionary decisions and the exercise of the State's coercive powers that profoundly affect those persons and their families, distinguishing commitment to the commissioner for mental health services and the privatization of commitment for mental health services 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, administration and management by private contractors of state mental health institutes and facilities that serve clients relocated from state mental health institutes to less intensive residential facilities for persons in the custody of the commissioner.

§ 3802-B.  Certain contracts prohibited

Beginning on the effective date of this section, except for services subject to an existing contract on the effective date of this section or services that are similar to those contracted services that are provided by a contract entered into after the effective date of this section, the department is prohibited from contracting with a private contractor or private vendor for the provision of services relating to the operation of direct care and supervision, administration or management of a state mental health institute and any facilities that serve clients relocated from state mental health institutes to less intensive residential facilities for persons in the custody of the commissioner.’