Public Laws

124th Legislature

First Regular Session


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Chapter 213

H.P. 274 - L.D. 353

PART GGG

Sec. GGG-1. 4 MRSA 1057, sub-3-A, as enacted by PL 2007, c. 653, Pt. A, 2, is amended to read:

3-A.Reimbursement to counties. Monthly, the Treasurer of State shall transfer funds from the Government Operations Surcharge Fund to the State Board of Corrections Investment Fund program in an amount equal to 2% of the total fines, forfeitures and penalties, including the surcharge imposed pursuant to subsection 2-A, received by the Treasurer of State for deposit in the Government Operations Surcharge Fund. The balance remaining in the Government Operations Surcharge Fund at the end of each month must accrue to the General Fund. Funds collected and deposited each month to the Government Operations Surcharge Fund must be transferred on the last day of the month in which the collections are made to the State Board of Corrections Investment Fund program under Title 34-A, section 1805.

At the close of each month, the State Controller shall calculate the amount to be transferred to the State Board of Corrections Investment Fund program based on the collections made during the month. The State Controller shall transfer by journal entry the amount due to the State Board of Corrections Investment Fund program. This subsection takes effect July 1, 2009.

Sec. GGG-2. 34-A MRSA 1801, first , as enacted by PL 2007, c. 653, Pt. A, 30, is amended to read:

The State Board of Corrections, referred to in this subchapter as "the board," is established by Title 5, section 12004-G, subsection 6-C. The State Board of Corrections is an autonomous body.

Sec. GGG-3. 34-A MRSA 1803, sub-5, D, as enacted by PL 2007, c. 653, Pt. A, 30, is amended to read:

D.Administer the County Jail Prisoner Support and Community Corrections Fund established in section 1806 and the State Board of Corrections Investment Fund program established in section 1805. The board may allocate available funds from the State Board of Corrections Investment Fund program to meet any emergency expenses or for maintenance in emergency conditions of any correctional facility or county jail. The board may make allocations for these purposes only upon written request of the commissioner or a county;

Sec. GGG-4. 34-A MRSA 1803, sub-5, E, as enacted by PL 2007, c. 653, Pt. A, 30, is amended to read:

E.Prepare and submit to the Governor a budget for the State Board of Corrections Investment Fund program established in section 1805 biennially that clearly identifies the financial contribution required by the State to support the actual costs of corrections in addition to the capped property tax contribution under Title 30-A, section 701, subsection 2-A. The board shall also propose in its budget an appropriation to the State Board of Corrections Investment Fund program of an amount equal to the difference between the 2007-08 fiscal year's county jail debt and the amount of that year's debt payment; and

Sec. GGG-5. 34-A MRSA 1805, as enacted by PL 2007, c. 653, Pt. A, 30, is amended to read:

1805. State Board of Corrections Investment Fund program

1.Program established. The State Board of Corrections Investment Fund program, referred to in this section as "the fund program," is an enterprise fund established within the Department of Administrative and Financial Services includes General Fund accounts and Other Special Revenue Funds accounts for the purposes specified in this section.
2.Expenditures of program. Except as otherwise provided in this section, amounts in funding of the fund program may be expended only to compensate county governments and the department for costs approved by the board and the Legislature.
3.Sources of funding. The State Controller shall credit to the fund Other Special Revenue Funds accounts of the program:
A.Any net county assessment revenue pursuant to Title 30-A, section 701, subsection 2-A in excess of county jail appropriations in counties where jails or correctional services have been closed or downsized;
B.Any net county assessment revenue in excess of county jail expenditures in counties where changes in jail operations pursuant to board directives under section 1803 have reduced jail expenses;
C. Funds appropriated by the Legislature including funds appropriated pursuant to section 1803, subsection 5, paragraph E;
D.Money from any other source, whether public or private, designated into or credited to the fund Other Special Revenue Funds accounts of the program; and
E.Interest earned or other investment income on balances in the fund Other Special Revenue Funds accounts of the program.
4.Unencumbered balances. Any unencumbered balance in General Fund accounts or Other Special Revenue Funds accounts remaining at the end of any fiscal year does not lapse but is carried forward to be expended for the purposes specified in this section and may not be made available for any other purpose.
5.Report by chair of the State Board of Corrections. The commissioner chair of the board shall report at least annually on or before the 2nd Friday in December to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The report must summarize the activity in any funds or accounts directly related to this section.
6. Restricted accounts. The State Controller is authorized to establish separate accounts within the fund in order to segregate money received by the fund from any source, whether public or private, that requires as a condition of the contribution to the fund that the use of the money contributed be restricted to the purposes specified. Money credited to a restricted account established under this subsection may be applied only to the purposes to which the account is restricted.

Sec. GGG-6. 34-A MRSA 1806, sub-7, as enacted by PL 2007, c. 653, Pt. A, 30, is amended to read:

7.Surcharge imposed. In addition to the 14% surcharge collected pursuant to Title 4, section 1057, an additional 1% surcharge must be added to every fine, forfeiture or penalty imposed by any court in this State, which for the purposes of collection and collection procedures is considered a part of the fine, forfeiture or penalty. All funds collected pursuant to this subsection are nonlapsing and must be deposited monthly in the County Jail Prisoner Support and Community Corrections Fund State Board of Corrections Investment Fund program that is administered by the board. All funds collected pursuant to this subsection must be distributed to counties that have experienced at least a 10% increase in their total annual jail operating budget or to counties that have issued bonds for the construction of a new jail or renovation of an existing jail and that meet all other requirements under subsection 5. Funds distributed to counties pursuant to this subsection must be used for the sole purpose of funding costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections.

Sec. GGG-7. Effective date. This Part takes effect July 1, 2009.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333