Sec. K-1. 34-A MRSA §1215, as reallocated by RR 2001, c. 1, §43, is amended to read:
All adult correctional facilities and juvenile facilities operated by the department must be accredited The department shall seek accreditation of its correctional and detention facilities by a nationally recognized correctional accrediting body by January 1, 2005 and must shall maintain any accreditation thereafter obtained. The department shall report to the joint standing committees of the Legislature having jurisdiction over criminal justice matters and appropriations and financial affairs regarding its progress towards accreditation by January 1, 2005.
Sec. K-2. Commission established. That the Commission to Improve the Sentencing, Supervision, Management and Incarceration of Prisoners, referred to in this section as "the commission," is established.
1. Commission membership. The commission consists of 17 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.
2. Appointments; chairs; meetings. 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.
3. Duties. Duties of the commission are as follows.
A. The commission shall conduct its research and prepare its recommendations with the express purpose of:
(1) Reducing the overall prison population in both state and county facilities, with a focus on lowering the population of nonviolent offenders;
(2) Reducing the overall cost of the corrections system;
(3) Accomplishing policy, program and structural improvements that reduce recidivism and improve the transition of prisoners back into the community;
(4) Preserving community safety;
(5) Respecting the needs of victims and communities in the process of holding offenders accountable for their actions; and
(6) Developing recommendations that address the factors leading to prison overcrowding, the impact of current sentencing laws, the use of alternate sentences and means to reduce recidivism, in particular that caused by mental illness and substance abuse.
B. To accomplish its purpose, the commission shall examine multiple strategies for addressing issues related to the continually and rapidly increasing prison populations at both the county jail and state prison levels, including diversion from jail or prison, programming to improve reentry from jail or prison back to the community, community alternatives to incarceration and changes in sentencing laws, policies and practices. In conducting its examination, the commission shall:
(1) Study factors leading to overcrowding in state and county correctional facilities; examine and analyze the prison population and projected growth at both the state and county level to include offenses, length of sentence and other issues such as mental illness and substance abuse, which lead to incarceration or reincarceration; and identify trends in the offender population and determine what impact these changes will have on future growth;
(2) Examine factors linking juvenile and adult offender populations;
(3) Review existing program and treatment levels for the incarcerated offender population and recommend improvements based on projected need and effective programs supported by research; and
(4) Consult with and seek input from former inmates as well as from organizations advocating for the mentally ill.
4. Staff assistance. The State Planning Office shall provide staffing assistance.
5. Compensation. The members of the commission who are Legislators are entitled to the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for necessary expenses incurred for their attendance at authorized meetings of the commission. Members of the commission who are not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses incurred for their attendance at authorized meetings.
6. Report. The commission shall submit a 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 no later than December 3, 2003. 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. K-3. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
Administration - Corrections 0141
Initiative: Appropriates funds to contract services to support the data collection, research and evaluation work of the Commission to Improve the Sentencing, Supervision, Management and Incarceration of Prisoners.
General Fund 2003-04 2004-05
All Other $250,000 $0
__________ __________
General Fund Total $250,000 $0
CORRECTIONS, DEPARTMENT OF
DEPARTMENT TOTALS 2003-04 2004-05
GENERAL FUND $250,000 $0
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $250,000 $0
LEGISLATURE
Study Commissions - Funding 0444
Initiative: Appropriates funds for the 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 $1,320 $0
All Other 1,200 0
__________ __________
General Fund Total $2,520 $0
LEGISLATURE
DEPARTMENT TOTALS 2003-04 2004-05
GENERAL FUND $2,520 $0
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $2,520 $0
SECTION TOTALS 2003-04 2004-05
GENERAL FUND $252,520 $0
__________ __________
SECTION TOTAL -
ALL FUNDS $252,520 $0
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