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Home > Agendas > 2005-2006 > Department of Corrections

2005-2006 Regulatory Agendas

03
Department of Corrections


201: The Department
208: State Parole Board




AGENCY UMBRELLA-UNIT NUMBER: 03-201
AGENCY NAME: Department of Corrections

CONTACT PERSON: Esther Riley, Assistant to the Commissioner, State House Station 111, Augusta, Maine 04333. (207) 287-4681, e-mail: Esther Riley@maine.gov

EMERGENCY RULES ADOPTED SINCE THE PREVIOUS REGULATORY AGENDA:
CHAPTER 12, Sec. 20.1: Furlough Pass / Furlough Leave Program
CHAPTER 10, Sec. 20.1: Prisoner Discipline

EXPECTED 2005 - 2006 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: Summer/Fall 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: Prisoner/Resident 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 offenders sentenced to the Department
ANTICIPATED SCHEDULE: Winter/Spring adoption.
AFFECTED PARTIES: Regulated parties: 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 make the rule consistent with procedures required by the Department of Administrative and Financial Services.
ANTICIPATED SCHEDULE: Fall/Winter adoption.
AFFECTED PARTIES: Community agencies 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. 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: Fall/Winter 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: Fall/Winter 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: Winter/Spring 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: Summer/Fall 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: Repeal of existing rule. This rule was replaced by Chapter 10, Sec. 27.3, Community Transition Program.
ANTICIPATED SCHEDULE: Summer/Fall 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: Summer/Fall 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: Winter/Spring 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: Esther Riley, Assistant to the Commissioner, State House Station 111, Augusta, Maine 04333. (207) 287-4681, e-mail: Esther.Riley@maine.gov

EMERGENCY RULES ADOPTED SINCE THE PREVIOUS REGULATORY AGENDA: None

EXPECTED 2005 - 2006 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