CHAPTER 707
H.P. 1382 - L.D. 1856
An Act To Implement the Recommendations of the Commission To Improve the Sentencing, Supervision, Management and Incarceration of Prisoners
Be it enacted by the People of the State of Maine as follows:
Sec. 1. PL 2003, c. 451, Pt. K, §2, sub-§1 is amended to read:
1. Initial commission membership. The commission consists of 17 initial members appointed as follows:
A. Two members of the Senate appointed by the President of the Senate;
B. Two members of the House of Representatives appointed by the Speaker of the House;
C. The Attorney General or a designee;
D. The Commissioner of the Department of Corrections or a designee;
E. The Commissioner of Behavioral and Developmental Services or a designee;
F. A representative of Adult Community Corrections appointed by the Commissioner of Corrections;
G. A representative of a statewide association of prosecutors nominated by the association and appointed by the Governor;
H. A representative of a statewide association of county commissioners nominated by the association and appointed by the Governor;
I. A representative of a statewide association of county sheriffs nominated by the association and appointed by the Governor;
J. A representative of a statewide association of criminal defense lawyers appointed by the Governor;
K. A member of the public appointed by the Governor; and
L. A representative of a statewide membership organization representing people with mental illness and their families appointed by the Governor.
The commission shall ask the Chief Justice of the Supreme Judicial Court to serve or name a designee to serve as a voting member of the commission and to appoint 2 trial judges or their designees to serve as voting members of the commission.
Sec. 2. PL 2003, c. 451, Pt. K, §2, sub-§1-A is enacted to read:
1-A. Additional members; appointments. In addition to the commission members in subsection 1, the commission includes 6 members appointed as follows:
A. One member of the Senate representing the political party holding the 2nd-largest number of seats in the Senate, appointed by the President of the Senate;
B. One member of the House of Representatives representing the political party holding the 2nd-largest number of seats in the House, appointed by the Speaker of the House;
C. One representative of the Maine Chiefs of Police Association, appointed by the President of the Senate;
D. One representative of people who provide direct support services to victims of sexual assault, appointed by the President of the Senate;
E. One representative of people who provide direct support services to victims of domestic violence, appointed by the Speaker of the House; and
F. The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee.
Appointments must be made pursuant to this subsection no later than 30 days following adjournment of the Second Special Session of the 121st Legislature. Legislators serving on the commission may continue to serve until the commission completes its work, regardless of whether those Legislators are elected to serve in November 2004.
Sec. 3. PL 2003, c. 451, Pt. K, §2, sub-§2 is amended to read:
2. Appointments; chair; meetings. All Except as provided in subsection 1-A, all appointments must be made no later than 30 days following the effective date of this Act. The Governor shall appoint a chair from among the membership of the commission, who shall call and convene the first meeting of the commission no later than 15 days after appointments of all members. The commission may hold a total of 6 meetings, one of which may be a public hearing meet no more than 4 times to complete its final report under section 7.
Sec. 4. PL 2003, c. 451, Pt. K, §2, sub-§6 is amended to read:
4. Staff assistance. The State Planning Office Department of Corrections shall provide staffing assistance.
Sec. 5. PL 2003, c. 451, Pt. K, §2, sub-§6 is amended to read:
6. Initial report to address immediate needs. The commission shall submit a an initial report that includes its findings and recommendations, including legislation, to the joint standing committee of the Legislature having jurisdiction over sentencing policies during the Second Regular Session of the 121st Legislature criminal justice and public safety matters no later than December 3, 2003 February 2, 2004. The commission is authorized to introduce legislation related to its report to the Second Regular Session of the 121st Legislature at the time of submission of its report.
Sec. 6. PL 2003, c. 451, Pt. K, §2, sub-§7 is enacted to read:
7. Authorized duties; nonlapsing funds. The commission is authorized to conduct any additional work authorized by law within its authorized number of meeting days and budgeted resources. Any unencumbered balance of General Fund appropriations originally appropriated to support the work of the commission that remain on June 30, 2004 within the Department of Corrections may not lapse but must be carried forward to June 30, 2005 to be used for the same purpose.
Sec. 7. Final report to address long-term needs. The Commission to Improve the Sentencing Supervision Management and Incarceration of Prisoners that was established in Public Law 2003, chapter 451, Part K, section 2 shall submit a final report to address long-term needs that includes its findings and recommendations, including legislation, to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters during the First Regular Session of the 122nd Legislature no later than November 3, 2004.
Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
Administration - Corrections 0141
Initiative: Deappropriates available funds within the account earmarked for the Commission to Improve the Sentencing, Supervision, Management and Incarceration of Prisoners.
General Fund 2003-04 2004-05
All Other $0 ($3,360)
__________ __________
General Fund Total $0 ($3,360)
CORRECTIONS, DEPARTMENT OF
DEPARTMENT TOTALS 2003-04 2004-05
GENERAL FUND $0 ($3,360)
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $0 ($3,360)
LEGISLATURE
Miscellaneous Studies 0444
Initiative: Appropriates funds for the payment of per diem and expenses of legislative members of the Commission to Improve the Sentencing, Supervision, Management and Incarceration of Prisoners.
General Fund 2003-04 2004-05
Personal Services $0 $1,760
All Other 0 1,600
__________ __________
General Fund Total $0 $3,360
LEGISLATURE
DEPARTMENT TOTALS 2003-04 2004-05
GENERAL FUND $0 $3,360
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $0 $3,360
SECTION TOTALS 2003-04 2004-05
GENERAL FUND $0 $0
__________ __________
SECTION TOTAL -
ALL FUNDS $0 $0
Sec. 9. Retroactivity. This Act applies retroactively to December 3, 2003.
Effective July 30, 2004, unless otherwise indicated.
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