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An Act To Designate the Jail in Franklin County as a Jail Rather than a Holding Facility
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §1803, sub-§2, ¶¶B and C, as enacted by PL 2007, c. 653, Pt. A, §30, are amended to read:
 
B. Review staffing levels at each correctional facility and county jail to ensure that safe conditions exist for staff, inmates and others; and
 
C. Review the use of all correctional facilities and county jails. The board may downsize or close facilities or reassign services. The board shall adopt rules governing the process and standards for closing or downsizing a correctional facility or a county jail, including criteria to be evaluated and stakeholders to be consulted. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.; and
Sec. 2.  34-A MRSA §1803, sub-§2, ¶D  is enacted to read:
 
D.  Notwithstanding this section or any rule governing change of use of a state adult correctional facility or county jail, designate the jail in Franklin County as a jail and not a holding facility.
 
SUMMARY
The State Board of Corrections has statutory authority to determine correctional facility and county jail use. Currently, the jail in Franklin County, the Franklin County Detention Center, is designated by the board as a holding facility that may hold detainees for up to 72 hours. This bill specifies that the board must designate the jail in Franklin County as a jail for prisoners and not as a holding facility.