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MAINE STATUTES AND CODES

34-A §1404. Duties and powers of the commissioner in support of State Board of Corrections

Title 34-A: CORRECTIONS

Chapter 1: GENERAL PROVISIONS

Subchapter 3: COMMISSIONER

§1404. Duties and powers of the commissioner in support of State Board of Corrections

In addition to other duties and powers set out in this Title, the commissioner has the following duties and powers to support the State Board of Corrections, referred to in this section as "the board," in its efforts to accomplish its purpose as described in section 1801. [2007, c. 653, Pt. A, §28 (NEW).]

1. Managing facility capacity and inmate placement. Consistent with the board's determination of facility use and purpose under section 1803, subsection 2, paragraph A, the commissioner is responsible for the daily management of inmate bed space throughout the unified correctional system and shall direct the transfer of inmates between facilities in order to fulfill this responsibility. The commissioner shall develop a process for information sharing between the correctional facilities and the county jails, which must include at a minimum:

A. Daily reporting to the department by county jails of:

(1) Facility population by gender; classification; legal status, including pretrial or sentenced; special needs; and any other parameters determined by the commissioner; and

(2) Facility capacity and available bed space or bed space needs by the reportable parameters under subparagraph (1); and [2007, c. 653, Pt. A, §28 (NEW).]

B. Regular consultation with sheriffs. [2007, c. 653, Pt. A, §28 (NEW).]

[ 2007, c. 653, Pt. A, §28 (NEW) .]

2. Unified correctional system plan. The commissioner may recommend a downsizing plan and reinvestment strategies to the board.

[ 2007, c. 653, Pt. A, §28 (NEW) .]

3. Uniform policies and procedures. The commissioner may recommend uniform practices for pretrial, revocation and reentry services to the board.

[ 2007, c. 653, Pt. A, §28 (NEW) .]

4. Inspections and investigation. The commissioner shall inspect county facilities consistent with sections 1208 and 1208-A.

[ 2007, c. 653, Pt. A, §28 (NEW) .]

5. Inmates with mental illness. The commissioner shall determine the placement, housing and program development for inmates with mental illness within correctional facilities and county jails in accordance with standards adopted by the board.

[ 2007, c. 653, Pt. A, §28 (NEW) .]

6. Support of the board. The commissioner shall provide administrative staffing for the board and expertise as requested by the board and shall serve as the fiscal agent for the board.

[ 2007, c. 653, Pt. A, §28 (NEW) .]

7. Budget review. The commissioner shall provide the board with its adult correctional and adult probation services biennial and supplemental budget proposals in a timely fashion.

[ 2009, c. 391, §9 (NEW) .]

SECTION HISTORY

2007, c. 653, Pt. A, §28 (NEW). 2009, c. 391, §9 (AMD).

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