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03
Department
of Corrections
2003-2004 Regulatory
Agenda
201:
The Department
AGENCY
UMBRELLA-UNIT NUMBER: 03-201
AGENCY:
Department of Corrections
CONTACT
PERSON: Ellis King, Correctional Planning Analyst, State House Station
111, Augusta, Maine 04333. (207) 287-4342, e-mail: Ellis.King@maine.gov
EMERGENCY
RULES ADOPTED SINCE THE PREVIOUS REGULATORY AGENDA:
CHAPTER
10, Sec. 27.2: Supervised Community Confinement - EMERGENCY April
2, 2003
STATUTORY AUTHORITY: 34-A MRSA, Section 3036-A
PURPOSE: The Maine Department of Corrections is EMERGENCY adopting a
proposal to revise the existing policy, procedures, and rules governing
the Supervised Community Confinement Program Policy pursuant to 34-A
M.R.S.A., section 3036-A. to implement the changes to the Supervised
Community Confinement Program that are necessary, due to overcrowding
in the facilities, to avoid an immediate threat to the public health,
safety or general welfare.
EXPECTED
2003 - 2004 RULE-MAKING ACTIVITY:
CHAPTER
1: Detention and Correctional Standards for Counties and Municipalities
STATUTORY AUTHORITY: 34-A MRSA, Section 1208
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify standards regarding juvenile detention and revise adult standards
to keep pace with professional practices.
ANTICIPATED SCHEDULE: Spring/Summer adoption.
AFFECTED PARTIES: Benefited parties: offenders & jail staff. Regulated
parties: municipal detention and correctional facilities.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 2.12: Committed Offender Fund Accounts - Fiscal Management
STATUTORY AUTHORITY: 34-A MRSA, Section 3039
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify and add new information regulating fund accounts for adult
offenders sentenced to the Department
ANTICIPATED SCHEDULE: Spring/Summer adoption.
AFFECTED PARTIES: Regulated parties: Adult offenders sentenced to the
Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 2.15: Agreements with Community Agencies- Fiscal Management
STATUTORY AUTHORITY: 34-A MRSA, Section 1206
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify and add new information regulating the agreements with community
agencies.
ANTICIPATED SCHEDULE: Spring/Summer adoption.
AFFECTED PARTIES: Community agency having fiscal agreements with the
Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 6.6: Payments of Restitution or Fines
STATUTORY AUTHORITY: 17A M.R.S.A., section 1330 and 34-A MRSA, Section
3035, 3809-A, and 4111
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify and add new information regulating the payment and collection
of restitution and/or fines.
ANTICIPATED SCHEDULE: Fall/Winter adoption.
AFFECTED PARTIES: Regulated parties: Juvenile and adult offenders sentenced
to the Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 14.21: Organization and Use of Canine Units - Security
STATUTORY AUTHORITY: 34-A MRSA, Section 1403
PURPOSE: Revision or repeal of existing rule. The purpose of the amendment
is to clarify and add new information regulating the organization and
use of the Department's canine units.
ANTICIPATED SCHEDULE: Fall/Winter repeal or revision
AFFECTED PARTIES: Department Canine units and security staff
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 29.1: Grievance Process, General
STATUTORY AUTHORITY: 34-A MRSA, Section 1402 and Section 1203
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify and add new information regulating the Department's client
grievance policy and procedures for general issue grievances.
ANTICIPATED SCHEDULE: Spring/Summer adoption.
AFFECTED PARTIES: Regulated parties: Juvenile and adult offenders sentenced
to the Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 29.2: Grievance Process, Medical and Mental Health Care
STATUTORY AUTHORITY: 34-A MRSA, Section 1402 and Section 1203
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify and add new information regulating the Department's client
grievance policy and procedures for medical /mental health issue grievances.
ANTICIPATED SCHEDULE: Spring/Summer adoption.
AFFECTED PARTIES: Regulated parties: Juvenile and adult offenders sentenced
to the Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER 10, Sec. 15.3: Resident Discipline System
STATUTORY AUTHORITY: 34-A MRSA, Section 3032
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify and add new disciplinary offenses for juvenile offenders.
ANTICIPATED SCHEDULE: Spring/Summer adoption.
AFFECTED PARTIES: Regulated parties: Juvenile offenders sentenced to
the Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 15.4: Drug and Alcohol Testing of Juvenile Clients
STATUTORY AUTHORITY: 34-A MRSA, Section 1402
PURPOSE: Revision of existing rule. The purpose of the amendment is
to modify the procedure for juvenile client drug testing.
ANTICIPATED SCHEDULE: Spring/Summer adoption.
AFFECTED PARTIES: Regulated parties: Juvenile offenders sentenced to
the Department.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 18.6: Community Rehabilitative Programs Furlough Policy
STATUTORY AUTHORITY: 34-A MRSA, Section 3033
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify when a prisoner may be eligible for or removed from furlough.
ANTICIPATED SCHEDULE: Winter/Spring adoption.
AFFECTED PARTIES: Regulated parties: Adult offenders sentenced to the
Department.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 18.8: Release Programs
STATUTORY AUTHORITY: 34-A MRSA, Section 3035
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify when a prisoner may be eligible for release programs.
ANTICIPATED SCHEDULE: Winter/Spring adoption.
AFFECTED PARTIES: Regulated parties: prisoners
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 20.1: Prisoner Discipline
STATUTORY AUTHORITY: 34-A MRSA, Section 3032
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify and add new disciplinary offenses for adult offenders.
ANTICIPATED SCHEDULE: Spring/Summer adoption.
AFFECTED PARTIES: Regulated parties: Adult offenders sentenced to the
Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 20.2: Drug and Alcohol Testing of Adult Clients
STATUTORY AUTHORITY: 34-A MRSA, Section 1402
PURPOSE: Revision of existing rule. The purpose of the amendment is
to modify the procedure for adult client drug testing.
ANTICIPATED SCHEDULE: Spring/Summer adoption.
AFFECTED PARTIES: Regulated parties: Adult offenders sentenced to the
Department.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 27.2: Supervised Community Confinement
STATUTORY AUTHORITY: 34-A MRSA, Section 3036-A
PURPOSE: Revision of existing rule. The purpose of the amendment is
to address changes in eligibility standards for prisoner participation.
ANTICIPATED SCHEDULE: Fall/Winter adoption.
AFFECTED PARTIES: Regulated parties: State adult facilities and community
corrections prisoners sentenced to the Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
10, Sec. 30.7: Variances
STATUTORY AUTHORITY: 34-A MRSA, Section 1208
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify and add new information regulating municipal and county variances.
ANTICIPATED SCHEDULE: Fall/Winter adoption.
AFFECTED PARTIES: Benefited parties: offenders & jail staff. Regulated
parties: municipal detention and correctional facilities.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
11: Testing and Release of HIV Information
STATUTORY AUTHORITY: 5-A MRSA, Section 19023
PURPOSE: Revision of existing rule. The purpose of the amendment is
to clarify to whom the department may release the results of HIV testing.
Also to designate who may receive test results from county jails, as
required by statute.
ANTICIPATED SCHEDULE: Fall adoption.
AFFECTED PARTIES: Regulated parties: prisoners and county facilities
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
CHAPTER
15: Batterers' Intervention Program Certification
STATUTORY AUTHORITY: 34-A MRSA
PURPOSE: Revision. The purpose of the amendment is to revise standards
for the certification of batterers' intervention programs.
ANTICIPATED SCHEDULE: Winter/Spring adoption.
AFFECTED PARTIES: Regulated parties: batterers' intervention programs.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
UMBRELLA/UNIT NUMBER: 03-208
AGENCY: State Parole Board
CONTACT
PERSON: Ellis King, Correctional Planning Analyst, State House Station
111, Augusta, Maine 04333. (207) 287-4342, e-mail: Ellis.King@maine.gov
EMERGENCY
RULES ADOPTED SINCE THE PREVIOUS REGULATORY AGENDA: None
EXPECTED
2003 - 2004 RULE-MAKING ACTIVITY:
CHAPTER
1: State Parole Board
STATUTORY AUTHORITY: 34-A MRSA
PURPOSE: Revision. The purpose of the amendment is to revise standards
for the State Parole Board.
ANTICIPATED SCHEDULE: Fall adoption.
AFFECTED PARTIES: Regulated parties: State adult facilities and community
corrections prisoners sentenced to the Department.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated
© Department of the Secretary of State
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