34-A §1209-A. State Sentencing and Corrections Practices Coordinating Council - Maine Statutes

Title 34-A: CORRECTIONS

Chapter 1: GENERAL PROVISIONS

Subchapter 2: DEPARTMENT

§1209-A. State Sentencing and Corrections Practices Coordinating Council

1. Council established. The State Sentencing and Corrections Practices Coordinating Council, established in Title 5, section 12004-I, subsection 74-E and referred to in this section as "the council," is created for the purpose of conducting continuous study and coordination of corrections and sentencing practices. The council shall promote the use of the most effective criminal interventions necessary to protect public safety, administer punishment and rehabilitate offenders; enhance and increase support of state and county partnerships in the management of offenders; and promote and support the use of evidence-based correctional practices for managing the risks and needs of offenders and pretrial defendants.

[ 2007, c. 377, §8 (NEW) .]

2. Membership. The council is composed of the following members:

A. The commissioner and 2 state corrections officials designated by the commissioner; [2007, c. 377, §8 (NEW).]

B. The Commissioner of Public Safety or the commissioner's designee; [2007, c. 377, §8 (NEW).]

C. A representative of a statewide association of county commissioners nominated by the association and appointed by the Governor; [2007, c. 377, §8 (NEW).]

D. A representative of a statewide association of county sheriffs nominated by the association and appointed by the Governor; [2007, c. 377, §8 (NEW).]

E. A representative of a statewide association of county jails nominated by the association and appointed by the Governor; [2007, c. 377, §8 (NEW).]

F. A representative of a statewide association of prosecutors nominated by the association and appointed by the Governor; [2007, c. 377, §8 (NEW).]

G. A representative of a statewide association of criminal defense attorneys nominated by the association and appointed by the Governor; [2007, c. 377, §8 (NEW).]

The Governor also shall ask the Chief Justice of the Supreme Judicial Court to serve as or to name a designee to serve as a member of the council and to appoint one trial judge or another designee to serve as a member of the council.

H. A representative of a statewide municipal association nominated by the association and appointed by the Governor; [2007, c. 653, Pt. A, §21 (AMD).]

I. A representative of a statewide organization for victims of crime appointed by the Governor; and [2007, c. 653, Pt. A, §22 (AMD).]

J. The chair of the State Board of Corrections established in Title 5, section 12004-G, subsection 6-C. [2007, c. 653, Pt. A, §23 (NEW).]

[ 2007, c. 653, Pt. A, §§21-23 (AMD) .]

3. Chair; terms; vacancies. The Governor shall appoint a member to serve as chair. Members of the council serve for terms of 2 years and may be reappointed. If a member cannot serve for any reason, the vacancy for the member's unexpired term must be filled by the appointing authority.

[ 2007, c. 377, §8 (NEW) .]

4. Meetings. The council shall meet at least 4 times a year and keep minutes and records of the meetings. By January 15th of each year, the council shall submit a report of its activities for the preceding year to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters.

[ 2007, c. 377, §8 (NEW) .]

5. Duties. The council shall coordinate criminal justice information and collaborate with persons who work in the criminal justice fields. Specifically, the council shall:

A. [2007, c. 653, Pt. A, §24 (RP).]

B. Monitor sentencing practices and review ongoing data collection on recidivism and programming, in consultation with research organizations and universities, to make informed decisions regarding sentencing practices, corrections funding and programming; [2007, c. 377, §8 (NEW).]

C. Develop recommended correctional and sentencing standards based on evidence-based correctional practices and promote and support the use of evidence-based correctional practices for managing the risks and needs of offenders and pretrial defendants; [2007, c. 377, §8 (NEW).]

D. Provide information and assistance to county and state corrections officials regarding current evidence-based correctional practices and provide a forum for sharing information on evidence-based correctional practices that are used throughout the State; [2007, c. 377, §8 (NEW).]

E. [2007, c. 653, Pt. A, §24 (RP).]

F. [2007, c. 653, Pt. A, §24 (RP).]

G. [2007, c. 653, Pt. A, §24 (RP).]

H. [2007, c. 653, Pt. A, §24 (RP).]

I. [2007, c. 653, Pt. A, §24 (RP).]

J. Review laws and policies and monitor proposed legislation and policies that affect the state and county criminal justice and correctional systems ; make recommendations to the legislative, executive and judicial branches regarding these proposals; and report these findings to and consult with the State Board of Corrections established in Title 5, section 12004-G, subsection 6-C; and [2007, c. 653, Pt. A, §24 (AMD).]

K. Identify current and proposed policies that unnecessarily burden the criminal justice and correctional systems and develop recommendations to appropriately remedy these burdens. [2007, c. 377, §8 (NEW).]

[ 2007, c. 653, Pt. A, §24 (AMD) .]

6. Report. At the beginning of the first regular session of each Legislature and no later than January 15th, the council shall submit a report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters and to the Governor. The report must include recommendations and any necessary implementing legislation with respect to matters related to the council's duties and accomplishments, including recommendations on state compliance.

[ 2007, c. 377, §8 (NEW) .]

7. Departmental duties and powers. The duties and powers of the department with regard to this section are as follows.

A. The department shall serve as the fiscal agent of the council. [2007, c. 377, §8 (NEW).]

B. The department may contract for and employ staff members, subject to approval of the council, to assist in the research, administration and delivery of services required in connection with the duties of the council. [2007, c. 377, §8 (NEW).]

C. The department may accept funds from the Federal Government, from any political subdivision of the State or from any individual, foundation or corporation and may expend those funds for purposes consistent with this section. [2007, c. 377, §8 (NEW).]

D. The department shall provide technical assistance to counties and criminal justice planning committees, as established in Title 30-A, section 1671, to aid them in the planning and development of community corrections. [2007, c. 377, §8 (NEW).]

[ 2007, c. 377, §8 (NEW) .]

8. Funds not to lapse. Funds appropriated to carry out the purposes of this section do not lapse but must be carried forward from year to year.

[ 2007, c. 377, §8 (NEW) .]

9. Reimbursement of expenses. The members of the council must be compensated according to the provisions of Title 5, chapter 379.

[ 2007, c. 377, §8 (NEW) .]

SECTION HISTORY

2007, c. 377, §8 (NEW). 2007, c. 653, Pt. A, §§21-24 (AMD).