State Board of State Board of CorrectionsCorrections

An Overview of Public Law An Overview of Public Law 2008 Chapter 6532008 Chapter 653

PresentationPresentation

Board of Corrections ResponsibilitiesBoard of Corrections Responsibilities Funding and Finance ProvisionsFunding and Finance Provisions Budget Approval ProcessBudget Approval Process County ResponsibilitiesCounty Responsibilities Department of Corrections Department of Corrections

ResponsibilitiesResponsibilities Corrections Working GroupCorrections Working Group

Board responsibilities Board responsibilities and dutiesand duties

Purpose of the BoardPurpose of the Board

To develop and implement a unified To develop and implement a unified correctional system that correctional system that

demonstrates sound fiscal management,demonstrates sound fiscal management, achieves efficiencies, achieves efficiencies, reduces recidivism and reduces recidivism and ensures the safety and security of ensures the safety and security of

correctional staff, inmates, visitors, correctional staff, inmates, visitors, volunteers and surrounding communities. volunteers and surrounding communities.

Develop State GoalsDevelop State Goals

The board shall develop goals to guide the The board shall develop goals to guide the development of and evaluate the development of and evaluate the effectiveness of a unified correctional effectiveness of a unified correctional system. The goals must include system. The goals must include benchmarks for performance in the benchmarks for performance in the following areas: following areas:

A.  Recidivism reduction; A.  Recidivism reduction;   

B.  Pretrial diversion; and B.  Pretrial diversion; and

C.  Rate of incarceration. C.  Rate of incarceration.

Manage the cost of correctionsManage the cost of corrections

Set and enforce yearly growth limitsSet and enforce yearly growth limits Develop reinvestment strategies to Develop reinvestment strategies to

improve services and reduce improve services and reduce recidivismrecidivism

Establish boarding ratesEstablish boarding rates

Determine correctional facilities use Determine correctional facilities use and purposeand purpose

Determine individual facility use Determine individual facility use and purpose including location of and purpose including location of specialty unitsspecialty units

Review staffing levelsReview staffing levels The Board may downsize or close The Board may downsize or close

facilities or reassign servicesfacilities or reassign services

Adopt treatment standards and Adopt treatment standards and policiespolicies

Adopt standards for consistent Adopt standards for consistent systemwide pretrial, revocation and systemwide pretrial, revocation and reentry policiesreentry policies

Adopt standards for the treatment of Adopt standards for the treatment of inmates with mental illnessinmates with mental illness

Adopt policies for facilitating the Adopt policies for facilitating the performance of court ordered mental performance of court ordered mental health evaluationshealth evaluations

Coordinate transportation of inmatesCoordinate transportation of inmates

Certificate of NeedCertificate of Need

review and may approve any future public review and may approve any future public or private construction projectsor private construction projects

establish a certificate of need process for establish a certificate of need process for this reviewthis review

adopt rules governing the procedures adopt rules governing the procedures relating to the certificate of need process relating to the certificate of need process and financing alternativesand financing alternatives

Administrative DutiesAdministrative Duties

Identify opportunities for and approve Identify opportunities for and approve cost-saving agreements and efficienciescost-saving agreements and efficiencies

Consult with the Sentencing and Consult with the Sentencing and Corrections Practices Coordinating CouncilCorrections Practices Coordinating Council

Assist with accreditation of facilitiesAssist with accreditation of facilities Administer the County Jail and Prisoner Administer the County Jail and Prisoner

Support FundSupport Fund Prepare and submit to the Governor a Prepare and submit to the Governor a

budget for the Corrections Investment budget for the Corrections Investment FundFund

Other Board ResponsibilitiesOther Board Responsibilities

Receive and review recommendations Receive and review recommendations from the Commissioner, the counties and from the Commissioner, the counties and the Corrections Work Group and others the Corrections Work Group and others

The Board does not have authority over The Board does not have authority over inmate grievances, labor negotiations, or inmate grievances, labor negotiations, or contractscontracts

Rulemaking authority Rulemaking authority Appeals of board decisions limited to the Appeals of board decisions limited to the

department or a countydepartment or a county

ReportingReporting

Initial Reports due to the Criminal Initial Reports due to the Criminal Justice and Public Safety Committee Justice and Public Safety Committee onon– January 15, 2009January 15, 2009– April 1, 2009April 1, 2009

Annual Reports due beginning Annual Reports due beginning January 15, 2010January 15, 2010

Legislative ReviewLegislative Review

The Criminal Justice and Public The Criminal Justice and Public Safety Committee shall review the Safety Committee shall review the effectiveness of the board in fulfilling effectiveness of the board in fulfilling its purposesits purposes– Initially on April 1, 2009 and thereafter,Initially on April 1, 2009 and thereafter,– Annually by January 15th Annually by January 15th

Funding and FinanceFunding and Finance

State Board of Corrections State Board of Corrections Investment FundInvestment Fund

The State Board of Corrections The State Board of Corrections Investment Fund is an enterprise fund Investment Fund is an enterprise fund established within the Department of established within the Department of Administrative and Financial ServicesAdministrative and Financial Services

amounts in the fund may be amounts in the fund may be expended only to compensate expended only to compensate county governments and the county governments and the department for costs approved by department for costs approved by the board and the Legislature.the board and the Legislature.

Sources of FundSources of Fund

The State Controller shall credit to the fund:The State Controller shall credit to the fund: Any net county assessment revenue in excess of county jail Any net county assessment revenue in excess of county jail

appropriations in counties where jails or correctional appropriations in counties where jails or correctional services have been closed or downsized;services have been closed or downsized;

Any net county assessment revenue in excess of county jail Any net county assessment revenue in excess of county jail expenditures in counties where changes in jail operations expenditures in counties where changes in jail operations pursuant to board directives have reduced jail expenses;pursuant to board directives have reduced jail expenses;

Funds appropriated by the Legislature Funds appropriated by the Legislature Money from any other source, whether public or private, Money from any other source, whether public or private,

designated into or credited to the fund; anddesignated into or credited to the fund; and Interest earned or other investment income on balances in Interest earned or other investment income on balances in

the fund.the fund.

Fund ReportFund Report

Report by commissioner. The Report by commissioner. The commissioner shall report at least commissioner shall report at least annually on or before the 2nd Friday in annually on or before the 2nd Friday in December to the joint standing December to the joint standing committee of the Legislature having committee of the Legislature having jurisdiction over appropriations and jurisdiction over appropriations and financial affairs and the joint standing financial affairs and the joint standing committee of the Legislature having committee of the Legislature having jurisdiction over criminal justice and jurisdiction over criminal justice and public safety matters. The report must public safety matters. The report must summarize the activity in any funds or summarize the activity in any funds or accounts directly related to this section.accounts directly related to this section.

Community Corrections Funds Distributed by Community Corrections Funds Distributed by BoardBoard

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

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

DistributionDistribution Beginning July 1, 2009 and annually thereafter, the Beginning July 1, 2009 and annually thereafter, the

board shall distribute the County Jail Prisoner board shall distribute the County Jail Prisoner Support and Community CorrectionsSupport and Community Corrections Fund to counties Fund to counties based on the percent distribution of actual funds based on the percent distribution of actual funds reimbursed to counties pursuant to former section 1210 in reimbursed to counties pursuant to former section 1210 in fiscal year 1996-97. The percent distribution per county is fiscal year 1996-97. The percent distribution per county is as follows:as follows:Androscoggin: 8.5%; Aroostook: 6.6%; Cumberland: 17.6%;Androscoggin: 8.5%; Aroostook: 6.6%; Cumberland: 17.6%; Franklin: 2.4%;Franklin: 2.4%; Hancock: 3.3%; Kennebec: 6.9%; Hancock: 3.3%; Kennebec: 6.9%;Knox: 6.4%;Knox: 6.4%; Lincoln: 3.7%; Lincoln: 3.7%; Oxford: 4.7%; Oxford: 4.7%;Penobscot: 13.7%; Piscataquis: 1.3%; Sagadahoc: 2.7%;Penobscot: 13.7%; Piscataquis: 1.3%; Sagadahoc: 2.7%;Somerset: 5.5%; Waldo: 3.7%;Somerset: 5.5%; Waldo: 3.7%; Washington: 1.8%; and Washington: 1.8%; and York: 11.2%.York: 11.2%.

Sec. A-37. Transition Reserve AccountSec. A-37. Transition Reserve Account

An operating reserve account within the State An operating reserve account within the State Board of Corrections Investment Fund, as Board of Corrections Investment Fund, as established by the Maine Revised Statutes, Title established by the Maine Revised Statutes, Title 34-A, section 1805, for county jail budget growth 34-A, section 1805, for county jail budget growth during the counties' 2009-10 fiscal year is during the counties' 2009-10 fiscal year is established. The Commissioner of Corrections established. The Commissioner of Corrections shall submit a plan to the Governor and the shall submit a plan to the Governor and the Commissioner of Administrative and Commissioner of Administrative and Financial Services for the inclusion of a Financial Services for the inclusion of a $1,500,000 appropriation to the operating $1,500,000 appropriation to the operating reserve accountreserve account of the State Board of of the State Board of Corrections Investment Fund in a supplemental or Corrections Investment Fund in a supplemental or biennial budget bill authorizing appropriations biennial budget bill authorizing appropriations and allocations for the 2009-10 fiscal year.and allocations for the 2009-10 fiscal year.

Month

County Official Notification to

Town Clerk as to how January 1st

through June 30th will be

Financed in the Transition Year

BOC Establishes Growth Factors

County Clerk Submits County's

Annual Correctional

Service Budget to the BOC

Departmental Supplemental/

Biennial Budget Requests Due to

Budget Office

Budget Reviews & Recommendations - Governor 1-on1's

Governor's Recommendations

& Departmental Reviews

Budget to Legislature

June-08July-08 July 1

August-08 August 1

September-08FY10-11 Biennial

Budget SeptemberFY09 Supplemental September

October-08 October OctoberOctober October

November-08 November

December-08 NovemberDecemberDecember

January-09 January

January

February-09 by February 15th FebruaryFebruary

March-09 MarchMarch

April-09 AprilApril

May-09 MayJune-09 May

July-09 July 1 for FY11

August-09 August 1 for FY11

September-09 FY10 Supplemental September

October-09 October October

November-09 NovemberDecember-09

January-10 January

February-10 February

March-10 March

April-10 April

May-10 May

June-10

State Biennial Budget FY10 - FY11

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State Fiscal Year Begins -

County Calendar Year

Overlap

6 month Transition Borrowing

Period

Transition Reserve Account - $1.5M to be included in

Supplemental

FY11 Funding should also be requested in the Biennial

Budget Submission

Board of Corrections (LD 2080) Budget Timeline of EventsBoard of Corrections (LD 2080) Budget Timeline of Events

Responsibilities of the Responsibilities of the Counties and the StateCounties and the State

County Commissioners County Commissioners ResponsibilitiesResponsibilities

Working with the Commissioner of Corrections and Working with the Commissioner of Corrections and sheriffs, support the State Board of Corrections by sheriffs, support the State Board of Corrections by recommending:  recommending:  

– a downsizing plan, a plan for capital construction a downsizing plan, a plan for capital construction and reinvestment strategies; and reinvestment strategies;

– uniform policies and procedures for pretrial, uniform policies and procedures for pretrial, probation revocation and reentry services to the probation revocation and reentry services to the board;board;

– a plan for the placement, housing and program a plan for the placement, housing and program development for inmates with mental illness in development for inmates with mental illness in accordance with standards adopted by the accordance with standards adopted by the board; and board; and

– within available resources, provide support staff within available resources, provide support staff for and expertise to the board. for and expertise to the board.

Sheriffs’ ResponsibilitiesSheriffs’ ResponsibilitiesManaging jail and prison capacity and offender Managing jail and prison capacity and offender

placementplacement The sheriffs shall daily provide information to the The sheriffs shall daily provide information to the

Commissioner of Corrections on their facility Commissioner of Corrections on their facility population and capacity. population and capacity.

The sheriffs may recommend: The sheriffs may recommend:   a downsizing plan, a plan for capital construction a downsizing plan, a plan for capital construction

and reinvestment strategies to the board. and reinvestment strategies to the board.   uniform policies and procedures for pretrial, uniform policies and procedures for pretrial,

revocation and reentry services to the board. revocation and reentry services to the board.   a plan for the placement, housing and program a plan for the placement, housing and program

development for inmates with mental illness in development for inmates with mental illness in accordance with standards adopted by the board. accordance with standards adopted by the board.

Within their available resources, the sheriffs shall Within their available resources, the sheriffs shall provide support staff for and expertise to the board. provide support staff for and expertise to the board.

Department ResponsibilitiesDepartment Responsibilities

Managing facility capacity and inmate placement.   Managing facility capacity and inmate placement.   the daily management of inmate bed space throughout the daily management of inmate bed space throughout

the unified correctional system andthe unified correctional system and the transfer of inmates between facilities. the transfer of inmates between facilities.

A process for information sharing between the correctional A process for information sharing between the correctional facilities and the county jails to include a daily reporting to facilities and the county jails to include a daily reporting to the department by county jails of:the department by county jails of:(1) Facility population by gender; classification; legal (1) Facility population by gender; classification; legal

status, including pretrial or sentenced; special needs; status, including pretrial or sentenced; special needs; and any other parameters; andand any other parameters; and

  (2) Facility capacity and available bed space or bed (2) Facility capacity and available bed space or bed space needsspace needs

  Regular consultation with sheriffs. Regular consultation with sheriffs.

  

Department ResponsibilitiesDepartment Responsibilities

The commissioner may recommend The commissioner may recommend a downsizing plan and reinvestment strategies to the a downsizing plan and reinvestment strategies to the

board. board. uniform practices for pretrial, revocation and reentry uniform practices for pretrial, revocation and reentry

services to the board. services to the board.   

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

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

  

Department Responsibilities, contDepartment Responsibilities, cont

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

Note: Corrections Working Group to be discussed Note: Corrections Working Group to be discussed later in the day’s agendalater in the day’s agenda