H.P. 1518 - L.D. 2166
An Act to Enhance Communications Between the Department of Corrections, the Judiciary and Law Enforcement Agencies
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, an interagency task force is in the process of preparing a uniform offense table to be used in computerized record-keeping systems by a number of state agencies; and
Whereas, the preparation of that table has revealed a number of instances when one statutory element contains multiple criminal offenses or civil violations; and
Whereas, the revision of the Maine Revised Statutes to create a strict one-to-one relationship between a unique statutory citation and each criminal offense or civil violation will increase efficiency and accuracy in law enforcement and judicial administration; and
Whereas, the revision requires the participation of many governmental agencies and people involved in the criminal justice system; 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. 16 MRSA §631, sub-§§4-A and 4-B are enacted to read:
4-A. Conditions of release information. Status and conditions of release of those persons on probation or parole or admitted to bail;
4-B. Protective order information. Information pertaining to conditions of protection, protected persons and the subjects of protection from abuse orders;
Sec. 2. 16 MRSA §633, as enacted by PL 1993, c. 346, §1, is amended to read:
§633. Policy board established; membership
There is established the Maine Criminal Justice Information System Policy Board, referred to in this subchapter as the "board." The board consists of 13 members that includes include the Attorney General, the Commissioner of Public Safety, the Commissioner of Corrections, the Commissioner of Inland Fisheries and Wildlife, the State Court Administrator, the Chief of the State Police, the Director of the Division of Probation and Parole Associate Commissioner for Adult Services within the Department of Corrections, the Director of the Bureau of Information Services, a representative of the Maine Prosecutors Association appointed by the Attorney General, a representative of the Maine Chiefs of Police Association appointed by the Commissioner of Public Safety, a representative of the Maine Sheriff's Association appointed by the Commissioner of Public Safety, a representative of a federal criminal justice agency appointed by the Governor, a representative of a nongovernmental agency that provides services to victims of domestic violence appointed by the Governor and a public member who represents private users of criminal offender record information appointed by the Governor.
Sec. 3. 16 MRSA §635, as amended by PL 1997, c. 194, §1, is further amended to read:
The board has the following duties.
1. Establish policies. The board shall establish policies and practices necessary to provide ready access to shared, uniform information on criminal offenders and crime data described in section 631.
2. Establish information standards. The board shall establish, maintain and promote minimum standards for accessing the Maine Criminal Justice Information System to ensure complete, accurate and up-to-date information is received by criminal justice agencies and authorized private users. These standards include:
A. Completeness and accuracy of information;
B. Limitations on access and dissemination of information;
C. System audits;
D. System security;
E. Individuals' rights to the review of records;
F. Hardware and software requirements;
G. Networking and communications; and
H. Personnel qualifications and training.
3. Recommendation of fees. The board may recommend to the Information Services Policy Board established in Title 5, section 1891, reasonable fees to defray the cost of operating the Maine Criminal Justice Information System.
4. Report. The board shall report to the joint standing committee of the Legislature having jurisdiction over judiciary matters no later than January 1st of each year concerning the methods devised to keep accurate, updated records of misdemeanor crimes of domestic violence, to ensure enforcement of 18 United States Code, Section 922 (1996) submit the following reports to the Legislature.
A. The board shall report to the joint standing committees of the Legislature having jurisdiction over criminal justice matters and judiciary matters no later than January 1st of each year concerning the status of the development, implementation and operation of the Maine Criminal Justice Information System. The report must contain information about the ability of the Judicial Department, the Department of Public Safety and the Department of Corrections to maintain, furnish and disseminate information described in section 631 in an automated manner. The report must also contain a project plan that delineates the date upon which each category of information described in section 631 will be available to criminal justice agencies and authorized private users in an automated fashion and, for those categories for which the information is already available in an automated fashion but for which enhancements are planned, the date upon which enhanced service will be available.
B. The board shall report to the joint standing committee of the Legislature having jurisdiction over judiciary matters no later than January 1st of each year concerning the methods devised to keep accurate, updated records of misdemeanor crimes of domestic violence to ensure enforcement of 18 United States Code, Section 922 (1996).
Sec. 4. 16 MRSA §636, as enacted by PL 1993, c. 346, §1, is amended to read:
The Department of Public Safety shall provide general administrative oversight for the board's policies and responsibilities. The Department of Public Safety, the Bureau of Information Services and other criminal justice agencies when appropriate may employ personnel necessary to carry out the purposes of the Maine Criminal Justice Information System, lease, rent or acquire adequate equipment and facilities, accept federal funds or grants that are available to carry out or implement its purpose and provide technical assistance and training to criminal justice agencies necessary to meet minimum standards for access.
Sec. 5. Resolve 1997, c. 105, §4, amended. Resolved: That Resolve 1997, c. 105, §4 is amended to read:
Sec. 4. Reports. Resolved: That the MCJUSTIS Board shall submit a final an interim report and proposed legislation to the joint standing committee of the Legislature having jurisdiction over criminal justice matters, with regard to issues pertaining to the Maine Criminal Code, and to the joint standing committee of the Legislature having jurisdiction over judiciary matters regarding all other issues by January 1, 1999. The MCJUSTIS Board shall submit a final report and proposed legislation to the joint standing committee of the Legislature having jurisdiction over criminal justice matters, with regard to issues pertaining to the Maine Criminal Code, and to the joint standing committee of the Legislature having jurisdiction over judiciary matters regarding all other issues by December 15, 1999. The proposed legislation must accomplish the purpose of this resolve without making additional substantive changes to the Maine Revised Statutes. Each committee may report out additional legislation related to the report.
Sec. 6. Retroactivity. That section of this Act that amends Resolve 1997, chapter 105, section 4 applies retroactively to January 1, 1999.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 9, 1999.
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