Public Laws of 1997 as Passed at 2nd Spec. Sess. of 118th Legislature

PUBLIC LAWS OF MAINE
Second Special Session of the 118th

CHAPTER 753

H.P. 40 - L.D. 65

An Act to Amend the Laws Regarding Reimbursement to the Counties for Community Corrections

Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.

Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, fair and efficient administration of the County Jail Prisoner Support and Community Corrections Fund to support payment of boarding state prisoners and community corrections is of great importance to the counties of this State; and

Whereas, it is the Legislature's intent that the transfer of funds to the counties and the Department of Corrections occur on July 1, 1998; 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 enacted by the People of the State of Maine as follows:

Sec. 1. 34-A MRSA §1210, as amended by PL 1997, c. 533, §1, is repealed.

Sec. 2. 34-A MRSA §1210-A is enacted to read:

§1210-A. Community corrections

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Community corrections" means the delivery of correctional services for juveniles or adults in the least restrictive manner that ensures the public safety by the county or for the county under contract with a public or private entity. "Community corrections" includes, but is not limited to, preventive or diversionary correctional programs, pretrial release or conditional release programs, alternative sentencing or housing programs, electronic monitoring, residential treatment and halfway house programs, community correctional centers and temporary release programs from a facility for the detention or confinement of persons convicted of crimes or adjudicated delinquents.

2. Establishment of County Jail Prisoner Support and Community Corrections Fund. The County Jail Prisoner Support and Community Corrections Fund is established for the purpose of providing state funding for a portion of the counties' costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections as defined in subsection 1.

3. Distribution. Beginning July 1, 1998 and annually thereafter, the department shall distribute the County Jail Prisoner Support and Community Corrections Fund to counties based on the percent distribution of actual funds reimbursed to counties pursuant to former section 1210 in fiscal year 1996-97. The percent distribution per county is as follows:

A. Androscoggin: 8.5%;

B. Aroostook: 6.6%;

C. Cumberland: 17.6%;

D. Franklin: 2.4%;

E. Hancock: 3.3%;

F. Kennebec: 6.9%;

G. Knox: 6.4%;

H. Lincoln: 3.7%;

I. Oxford: 4.7%;

J. Penobscot: 13.7%;

K. Piscataquis: 1.3%;

L. Sagadahoc: 2.7%;

M. Somerset: 5.5%;

N. Waldo: 3.7%;

O. Washington: 1.8%; and

P. York: 11.2%.

4. Change in state funding of county jails. If a county experiences at least a 10% increase in the total annual jail operating budget or if a county issues a bond for the construction of a new jail or renovation of an existing jail, the county may file with the department a request for an increase in the amount of state funds the county receives for the support of prisoners. The department shall review the request, and if the county demonstrates a need for the increase, the department shall forward the request to the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters.

5. Community Corrections Program Account. Each county treasurer shall place 20% of the funds received from the department pursuant to this section into a separate community corrections program account. Funds placed in this account may be used only for adult or juvenile community corrections as defined in subsection 1.

6. Report. Beginning January 15, 1999 and annually thereafter, each county shall submit a written report to the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters. Reports must include descriptions of each county's community corrections programs and an accounting of expenditures for its community corrections.

7. Technical assistance. The commissioner shall provide technical assistance to counties and county advisory groups to aid them in the planning and development of community corrections.

8. Review. By July 1, 2001, the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters shall review the County Jail Prisoner Support and Community Corrections Fund and its purpose and functions.

Sec. 3. One-time distribution of adult community corrections funds. Notwithstanding any other provision of law, on July 1, 1998 the Department of Corrections shall transfer to each county that county's unexpended and uncommitted adult community corrections funds remaining in the General Fund, Community-Based Corrections Account pursuant to the Maine Revised Statutes, Title 34-A, former section 1210, subsection 6 at the end of fiscal year 1997-98. Funds released under this section must be placed in a community corrections program account and may be used only for adult or juvenile community corrections.

Sec. 4. One-time distribution of juvenile funds. Notwithstanding any other provision of law, on July 1, 1998 any unexpended or uncommitted juvenile community corrections funds remaining in the General Fund, Community-Based Corrections Account pursuant to the Maine Revised Statutes, Title 34-A, former section 1210, subsection 6 at the end of fiscal year 1997-98 must be transferred to the Department of Corrections, General Fund, Correctional Services Account. The Department of Corrections shall use these funds for the purpose of maintaining or developing juvenile community corrections. The Department of Corrections may contract with counties in order to maintain current or develop new juvenile community corrections.

Sec. 5. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

1998-99

CORRECTIONS, DEPARTMENT OF

Community Based Corrections

All Other ($5,551,803)

Deappropriates funds through the transfer of 85% of this program to the County Jail Prisoner Support and Community Corrections Fund program and a transfer of the remaining 15% of this program to the Correctional Services program.

Correctional Services

All Other 832,771