34-A §1806. Community corrections funds distributed by board - Maine Statutes

Title 34-A: CORRECTIONS

Chapter 1: GENERAL PROVISIONS

Subchapter 5: STATE BOARD OF CORRECTIONS

§1806. Community corrections funds distributed by board

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Community corrections" means correctional services for adults delivered in the least restrictive manner that ensures the public safety by the county or for the county under contract with a public or private entity. "Community corrections" includes, but is not limited to, preventive or diversionary correctional programs, pretrial release or conditional release programs, alternative sentencing or housing programs, electronic monitoring, residential treatment and halfway house programs, community correctional centers and temporary release programs from a facility for the detention or confinement of persons convicted of crimes. [2007, c. 653, Pt. A, §30 (NEW).]

[ 2007, c. 653, Pt. A, §30 (NEW) .]

2. Establishment of County Jail Prisoner Support and Community Corrections Fund. The County Jail Prisoner Support and Community Corrections Fund is established for the purpose of providing state funding for a portion of the counties' costs of the support of prisoners detained in or sentenced to county jails and for establishing and maintaining community corrections.

[ 2007, c. 653, Pt. A, §30 (NEW) .]

3. Distribution. Beginning July 1, 2009 and annually thereafter, the board shall distribute the County Jail Prisoner Support and Community Corrections Fund to counties based on the percent distribution of actual funds reimbursed to counties pursuant to former section 1210 in fiscal year 1996-97. The percent distribution per county is as follows:

A. Androscoggin: 8.5%; [2007, c. 653, Pt. A, §30 (NEW).]

B. Aroostook: 6.6%; [2007, c. 653, Pt. A, §30 (NEW).]

C. Cumberland: 17.6%; [2007, c. 653, Pt. A, §30 (NEW).]

D. Franklin: 2.4%; [2007, c. 653, Pt. A, §30 (NEW).]

E. Hancock: 3.3%; [2007, c. 653, Pt. A, §30 (NEW).]

F. Kennebec: 6.9%; [2007, c. 653, Pt. A, §30 (NEW).]

G. Knox: 6.4%; [2007, c. 653, Pt. A, §30 (NEW).]

H. Lincoln: 3.7%; [2007, c. 653, Pt. A, §30 (NEW).]

I. Oxford: 4.7%; [2007, c. 653, Pt. A, §30 (NEW).]

J. Penobscot: 13.7%; [2007, c. 653, Pt. A, §30 (NEW).]

K. Piscataquis: 1.3%; [2007, c. 653, Pt. A, §30 (NEW).]

L. Sagadahoc: 2.7%; [2007, c. 653, Pt. A, §30 (NEW).]

M. Somerset: 5.5%; [2007, c. 653, Pt. A, §30 (NEW).]

N. Waldo: 3.7%; [2007, c. 653, Pt. A, §30 (NEW).]

O. Washington: 1.8%; and [2007, c. 653, Pt. A, §30 (NEW).]

P. York: 11.2%. [2007, c. 653, Pt. A, §30 (NEW).]

[ 2007, c. 653, Pt. A, §30 (NEW) .]

4. Authority to deviate from percent distribution. Notwithstanding subsection 3, the board may alter the percent distribution to a county based on a substantial change in the nature or extent of correctional services provided by that county.

[ 2007, c. 653, Pt. A, §30 (NEW) .]

5. Change in state funding of county jails. If a county experiences at least a 10% increase in the total annual jail operating budget or if a county issues a bond for the construction of a new jail or renovation of an existing jail, the county may file with the board a request for an increase in the amount of state funds the county receives for the support of prisoners. A county must file a request for an increase in the amount of state funds the county receives for the support of prisoners by February 15th for an increase experienced in the prior fiscal year. The board shall review the request and, if the county demonstrates to the board a need for the increase, the board shall distribute the approved amount to the county from the surcharges collected under subsection 7. All funds distributed under this subsection must be used only for the purpose of funding counties' costs of the support of prisoners detained in or sentenced to county jails and for establishing and maintaining community corrections. The board shall forward the request and supporting documents to the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice matters of a county's requested increase and any distributions made to counties under this subsection.

[ 2007, c. 653, Pt. A, §30 (NEW) .]

6. Community corrections program account. Each county treasurer shall place 20% of the funds received from the board pursuant to this section into a separate community corrections program account. A county may use funds placed in this account only for community corrections. Before distributing to a county that county's entire distribution from the County Jail Prisoner Support and Community Corrections Fund, the board shall require that county to submit appropriate documentation verifying that the county expended 20% of its prior distribution for the purpose of community corrections. If a county fails to submit appropriate documentation verifying that the county expended 20% of its prior distribution for the purpose of community corrections, the board shall distribute to that county only 80% of its distribution from the County Jail Prisoner Support and Community Corrections Fund. The board shall distribute the 20% not distributed to that county to all other counties that submit appropriate documentation verifying compliance with the 20% expenditure requirement for the purpose of community corrections. The board shall distribute these funds to those qualifying counties in an amount equal to each county's percent distribution pursuant to subsection 3.

[ 2007, c. 653, Pt. A, §30 (NEW) .]

7. Surcharge imposed. In addition to the 14% surcharge collected pursuant to Title 4, section 1057, an additional 1% surcharge must be added to every fine, forfeiture or penalty imposed by any court in this State, which for the purposes of collection and collection procedures is considered a part of the fine, forfeiture or penalty. All funds collected pursuant to this subsection are nonlapsing and must be deposited monthly in the State Board of Corrections Investment Fund program that is administered by the board. All funds collected pursuant to this subsection must be distributed to counties that have experienced at least a 10% increase in their total annual jail operating budget or to counties that have issued bonds for the construction of a new jail or renovation of an existing jail and that meet all other requirements under subsection 5. Funds distributed to counties pursuant to this subsection must be used for the sole purpose of funding costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections.

[ 2009, c. 213, Pt. GGG, §6 (AMD); 2009, c. 213, Pt. GGG, §7 (AFF) .]

8. Effective date. This section takes effect July 1, 2009.

[ 2007, c. 653, Pt. A, §30 (NEW) .]

SECTION HISTORY

2007, c. 653, Pt. A, §30 (NEW). 2009, c. 213, Pt. GGG, §6 (AMD). 2009, c. 213, Pt. GGG, §7 (AFF).