An Act To Relieve Overcrowding in County Jails

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 housing of persons incarcerated in the State's custodial facilities is an important state responsibility; and

Whereas,  a significant portion of the budgets of the counties is dedicated to the operation of the county and regional jails; and

Whereas,  there is currently a crisis among the counties in the State in the ability to adequately fund the county and regional jails, creating overcrowding and other unsafe conditions; 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,

Sec. 1. 17-A MRSA §1205-C, sub-§7  is enacted to read:

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill requires that a probationer held without bail pending hearing after an initial appearance for a probation violation must be transferred to the custody of the Department of Corrections and within 7 days transported to a department facility.