H.P. 1556 - L.D. 2185
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 Legislature recognizes the immediate need to address the issue of adequate staffing and resources in the Department of Corrections probation services to ensure the safety of the department staff and the public; and
Whereas, it is the intent of the Legislature that the implementation of new probation officer positions reflects the Department of Corrections' needs and ability to train and effectively employ the new probation officers; 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, be it
Sec. 1. Study group established. Resolved: That the Commissioner of Corrections shall
convene a study group to review procedures and consider improvements in juvenile and adult probation services. Specifically, the study group shall review the current resources, assessment instruments, services provided and issues of concern within the Department of Corrections; and be it further
Sec. 2. Membership. Resolved: That the study group consists of the Commissioner of Corrections or the commissioner's designee; the Attorney General or the Attorney General's designee; and a member of the judiciary appointed by the Chief Justice of the Maine Supreme Judicial Court. The study group also consists of the following members appointed by the President of the Senate: a Senator who sits on the Joint Standing Committee on Criminal Justice; a probation officer; a member of the Maine Association of Criminal Defense Lawyers; and a member of the Maine Sheriffs Association. The study group further consists of the following members appointed by the Speaker of the House of Representatives: a member of the House of Representatives who sits on the Joint Standing Committee on Criminal Justice; a juvenile caseworker; a member of the Maine Prosecutors Association; and a member of the Maine Chiefs of Police Association. The study group also consists of the following members appointed by the commissioner: a community services representative and a victims' advocate; and be it further
Sec. 3. Convening of study group. Resolved: That the Chair of the Legislative Council shall call the first meeting of the study group between the 30th and 45th days following the effective date of this resolve. A quorum is a majority of the members; and be it further
Sec. 4. Selection of chair. Resolved: That the study group shall select a chair from among the members at the first meeting; and be it further
Sec. 5. Staffing. Resolved: That the Department of Corrections shall provide staffing and clerical support to the study group. The commissioner shall carry out the requirements of this section to the extent possible within the existing budgeted resources of the department. The department may also request legislative drafting assistance from the Legislative Council; and be it further
Sec. 6. Compensation. Resolved: That the legislative members of the study group are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, for attendance at meetings of the study group; and be it further
Sec. 7. Report. Resolved: That the study group shall submit its report and any necessary implementing legislation to the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters by January 15, 2000; and be it further
Sec. 8. Office space assessment. Resolved: That the Commissioner of Corrections shall perform an assessment of office space needs for the department's juvenile and adult probation services and shall prioritize the need for additional space. The 3 most urgent office space needs as identified by the commissioner must be addressed by January 1, 1999. The commissioner shall develop a plan to address the remaining needs by January 1, 2004. The commissioner shall report on the department's actions regarding the 3 most urgent office space needs and on its plan to deal with remaining needs to the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters by January 15, 1999.
The commissioner shall carry out the requirements of this section to the extent possible within the existing budgeted resources of the department; and be it further
Sec. 9. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.
1998-99
CORRECTIONS, DEPARTMENT OF
Probation and Parole
All Other $50,000
Provides funds for the costs associated with drug and alcohol testing.
DEPARTMENT OF CORRECTIONS ____________
TOTAL $50,000
LEGISLATURE
Study Commissions - Funding
Personal Services $550
All Other 500
Provides funds for the per diem and expenses of the legislative members of a probation services study panel.
LEGISLATURE ____________
TOTAL $1,050
TOTAL ____________
APPROPRIATIONS $51,050
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 16, 1998.
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