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03
Department of Corrections
2004-2005 Regulatory Agenda

201: The Department


AGENCY UMBRELLA-UNIT NUMBER: 03-201
AGENCY NAME: 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: None

EXPECTED 2004 - 2005 RULE-MAKING ACTIVITY:

CHAPTER 1: Detention and Correctional Standards for Counties and Municipalities
STATUTORY AUTHORITY: 34-A M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A., 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 M.R.S.A.
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


AGENCY 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 2004 - 2005 RULE-MAKING ACTIVITY:

CHAPTER 1: State Parole Board
STATUTORY AUTHORITY: 34-A M.R.S.A.
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


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