34-A §1403. Powers - Maine Statutes

Title 34-A: CORRECTIONS

Chapter 1: GENERAL PROVISIONS

Subchapter 3: COMMISSIONER

§1403. Powers

In addition to other powers granted in this Title, the commissioner has the following powers. [1983, c. 459, §6 (NEW).]

1. General powers. The commissioner may perform any legal act relating to the care, custody, treatment, relief and improvement of clients or may purchase residential services when the department's correctional and detention facilities do not provide the appropriate services for the client.

[ 1991, c. 314, §21 (AMD) .]

2. Appointments. The commissioner's appointment powers are as follows.

A. The commissioner may appoint, subject to the Civil Service Law and except as otherwise provided, any employees who may be necessary, including those intermittent employees as defined in Title 5, section 7053 needed to offset the overtime costs related to unscheduled, unanticipated overtime. These intermittent positions in the institutional services unit must be identified through a separate agreement with labor and may be used only at preidentified posts and work sites. Use of intermittent employees for the purposes of overtime must be governed by an agreement between the parties. [1999, c. 459, §1 (AMD).]

B. The commissioner may appoint and set the salary for 3 associate commissioners to assist in carrying out the responsibilities of the department.

(1) An appointment is for an indeterminate term and until a successor is appointed and qualified or during the pleasure of the commissioner.

(2) To be eligible for appointment as an associate commissioner, a person must have training and experience in general management. [1999, c. 731, Pt. G, §2 (AMD).]

C. The commissioner shall appoint the following officials to serve at the pleasure of the commissioner:

(1) Associate Commissioner for Adult Services;

(1-A) Associate Commissioner for Juvenile Services; and

(3) Associate Commissioner for Legislative and Program Services. [2001, c. 386, §11 (AMD).]

[ 2001, c. 386, §11 (AMD) .]

3. Delegation. The commissioner's delegation powers are as follows.

A. Unless a specific statute otherwise directs, the commissioner may delegate powers and duties given under this Title to the associate commissioners, chief administrative officers and regional correctional administrators. [1995, c. 502, Pt. F, §19 (AMD).]

B. The commissioner may empower the associate commissioners, chief administrative officers and regional correctional administrators to further delegate powers and duties delegated to them by the commissioner. [1995, c. 502, Pt. F, §19 (AMD).]

B-1. Unless a specific statute otherwise directs, the commissioner may empower chief administrative officers to delegate powers and duties given to them by chapter 3 and may empower regional correctional administrators to delegate powers and duties given to them by chapter 5. [1995, c. 502, Pt. F, §19 (AMD).]

C. An associate commissioner or associate commissioners may be designated to assist in the development of community correctional programs at the county level and to coordinate activities of the department with each county and any county correctional advisory groups. The associate commissioner or associate commissioners may appoint staff to assist in carrying out this paragraph. [1995, c. 502, Pt. F, §19 (AMD).]

[ 1995, c. 502, Pt. F, §19 (AMD) .]

4. Funding sources. The commissioner may use the following funding sources.

A. The commissioner may accept for the State any federal funds appropriated under federal law relating to the juvenile offender and may do whatever is necessary to carry out the federal law. [1983, c. 459, §6 (NEW).]

B. The commissioner may accept, from any other agency of government, person, group or corporation, any funds which may be available in carrying out this Title. [1983, c. 459, §6 (NEW).]

C. The commissioner may apply for and receive federal funds under the United States Housing Act of 1954, Public Law 560, Title 7. [1983, c. 459, §6 (NEW).]

[ 1983, c. 459, §6 (NEW) .]

5. Lease of unused buildings. The commissioner may, with the approval of the Director of the Bureau of General Services, lease unused buildings at the correctional and detention facilities for the purposes of providing services to clients.

A. The leases must be for a period not to exceed 2 years and may be extended, with the approval of the Director of the Bureau of General Services, for 3 more 2-year periods. [1995, c. 111, §1 (AMD).]

B. The commissioner shall submit a plan of the proposed leases and their impact on the correctional and detention facilities and clients to the joint standing committee of the Legislature having jurisdiction over corrections no later than January 31st of each year. [1991, c. 314, §24 (AMD).]

[ 1995, c. 111, §1 (AMD) .]

5-A. Lease of Long Creek Youth Development Center building. Notwithstanding subsection 5 and Title 5, chapter 154, the commissioner may, with the approval of the Director of the Bureau of General Services, lease any building that the commissioner determines is no longer needed to be a part of the Long Creek Youth Development Center for the purpose of providing services to clients under such terms as the commissioner and director determine appropriate.

[ 1995, c. 502, Pt. F, §20 (NEW); 2001, c. 439, Pt. G, §6 (AMD) .]

6. Acceptance or conveyance of donated personal property. The commissioner may accept donations of personal property to be used at a correctional or detention facility. If, at a later date, the donated property ceases to be useful to the correctional or detention facility, the commissioner may sell the property and use the proceeds for the benefit of the correctional or detention facility to which the property was originally donated.

[ 1991, c. 314, §25 (AMD) .]

7. Establishment of farm programs at correctional facilities. The commissioner may establish a farm program at each correctional facility for the purposes of producing agricultural and farm products and teaching prisoners and juvenile clients cultivation and gardening techniques.

A. Products from those farm programs shall be used by correctional facilities. If a surplus exists, it may be:

(1) Sold or distributed to other state, county or local governmental entities;

(2) Exchanged with other state, county or local governmental entities for services or other goods; or

(3) Sold to or exchanged with private Maine businesses. [1983, c. 724, (NEW).]

B. The revenue generated by the sale of those farm products shall be deposited in a special account. This account shall not lapse at the end of a fiscal year but may be carried forward from year to year. If the amount in the fund exceeds $100,000, the excess in the account shall be transferred to the General Fund. [1983, c. 724, (NEW).]

C. These funds in this special account may be expended to implement farm programs in correctional facilities. These expenditures include, but are not limited to, the purchase of necessary materials and equipment, construction, administrative costs and employee salaries. [1983, c. 724, (NEW).]

[ 1983, c. 724, (NEW) .]

8. Receipt of United States prisoners or adjudicated juveniles. The commissioner's power to accept United States prisoners or adjudicated juveniles is as follows.

A. The commissioner may receive in any correctional facility prisoners detained by the United States or convicted of an offense against the United States and committed for a term of imprisonment to the custody of the Attorney General of the United States if:

(1) The Attorney General of the United States designates a Maine correctional facility as the place of confinement for the prisoner; and

(2) The commissioner approves and agrees to accept and keep the prisoner in a Maine correctional facility. [1989, c. 127, §3 (RPR).]

B. The commissioner may receive in any juvenile facility juveniles detained by the United States or adjudicated of an offense against the United States and committed for a term of institutionalization to the custody of the Attorney General of the United States if:

(1) The Attorney General of the United States designates a Maine juvenile facility as the place of confinement for the juvenile; and

(2) The commissioner approves and agrees to accept and keep the juvenile in a Maine juvenile facility. [1989, c. 127, §3 (RPR).]

C. The commissioner may contract with the Attorney General of the United States or officer designated by the Congress for the care, custody, subsistence, education, treatment and training of any prisoner or juvenile accepted under this section. All sums paid pursuant to contracts authorized by this section shall accrue to the General Fund. [1989, c. 127, §3 (NEW).]

[ 1989, c. 127, §3 (RPR) .]

9. Industries programs. The commissioner may establish career and technical training, work and industries programs, including those permitted under a certification issued by the United States Department of Justice under 18 United States Code, Section 1761.

A. The program may make services and goods available for purchase by state agencies or the public. [1985, c. 821, §21 (NEW).]

B. The commissioner may authorize any person or business entity purchasing goods manufactured at a correctional facility to resell those articles if that person or entity requests, in writing, authority from the commissioner at the time the initial purchase is made. [1985, c. 821, §21 (NEW).]

C. All goods manufactured at a correctional facility for sale shall be distinctly labeled or branded with the words "Manufactured at a Maine State Correctional Facility", except those goods produced under a program certified by the United States Department of Justice under the United States Code, Title 18, Section 1761. [1989, c. 127, §4 (AMD).]

D. All revenues from direct sales of goods and services produced by prisoners at correctional facilities and all amounts received from a private sector industry participating with the Department of Corrections in an industries program certified by the United States Department of Justice under the United States Code, Title 18, Section 1761, in consideration of lease of industry space, provision of utilities, trash removal and other services provided to the private industry which are related to the use of industry space at correctional facilities shall be deposited into the department Industries Accounts, which shall not lapse. [1989, c. 127, §4 (AMD).]

E. Funds from these industries accounts may be used to pay for materials, supplies, equipment, salaries and other costs of establishing and operating career and technical training, work and industrial programs. For industries programs certified by the United States Department of Justice under the United States Code, Title 18, Section 1761, mandatory contributions for crime victim services must be made from these industries accounts and transferred to the control of the Office of Victim Services, as established in section 1214. [2001, c. 439, Pt. G, §2 (AMD); 2003, c. 545, §6 (REV).]

F. The commissioner shall, in consultation with the State Apprenticeship and Training Council, develop policies concerning job displacement and safety and policies to develop opportunities in the prison industries programs. [1987, c. 589, (AMD).]

[ 2001, c. 439, Pt. G, §2 (AMD); 2003, c. 545, §6 (REV) .]

10. Client benefit welfare account. The commissioner shall provide an accounting of all client benefit welfare accounts each fiscal year to the joint select committee of the Legislature having jurisdiction over corrections matters. The annual accounting must include total income for the year, total expenditures for the year, anticipated capital and operating expenditures from these accounts in the next fiscal year and balances in the accounts. Nothing in this subsection may change the nature of these accounts as internal management tools.

[ 1999, c. 583, §3 (AMD) .]

11. Contracting agent. The chief administrative officer is the contracting agent for all sales of articles from a correctional facility and for all other contracts made on behalf of the correctional facility except those made by the State Purchasing Agent.

A. All contracts must be made in the manner prescribed by the commissioner. [1999, c. 583, §4 (NEW).]

B. A contract may not be accepted by the chief administrative officer, unless the contractor gives satisfactory security for its performance. [1999, c. 583, §4 (NEW).]

C. An employee of the correctional facility may not be directly or indirectly interested in any contract. [1999, c. 583, §4 (NEW).]

[ 1999, c. 583, §4 (NEW) .]

SECTION HISTORY

1983, c. 459, §6 (NEW). 1983, c. 581, §§12,59 (AMD). 1983, c. 724, (AMD). 1983, c. 729, §6 (AMD). 1985, c. 67, §1 (AMD). 1985, c. 785, §B151 (AMD). 1985, c. 821, §§19-21 (AMD). 1987, c. 589, (AMD). 1989, c. 127, §§3,4 (AMD). RR 1991, c. 2, §128 (COR). 1991, c. 314, §§21-25 (AMD). 1991, c. 716, §6 (AMD). 1993, c. 682, §1 (AMD). 1995, c. 111, §1 (AMD). 1995, c. 502, §§F18-20 (AMD). 1999, c. 401, §J4 (AMD). 1999, c. 459, §1 (AMD). 1999, c. 583, §§3,4 (AMD). 1999, c. 731, §G2 (AMD). 2001, c. 386, §11 (AMD). 2001, c. 439, §§G2,6 (AMD). 2003, c. 545, §6 (REV).