Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Agendas > 2006-2007 > Department of Corrections

2006-2007 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:
None.

EXPECTED 2006 - 2007 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 make jail standards consistent with the soon to be adopted revised Attorney Generalís strip search rules and to make other revisions to the standards to keep pace with professional practices.
ANTICIPATED SCHEDULE: Winter/Spring adoption
AFFECTED PARTIES: Benefited parties: confined persons & staff. Regulated parties: municipal and county 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 comply with a revision to the statute regarding the adopting authority and to make other revisions required by changed circumstances. ANTICIPATED SCHEDULE: Winter/Spring adoption.
AFFECTED PARTIES: Regulated parties: Prisoners of the Department and confined juveniles.
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PURPOSE: This rule will be repealed, as the statutory authority for the rule was repealed in the last legislative session.
ANTICIPATED SCHEDULE: Winter/Spring 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: Spring/Summer adoption
AFFECTED PARTIES: Regulated parties: Juvenile and adult offenders sentenced to the Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTERS 10 (ADULT) 12 (JUVENILE), Sec. 29.1: Grievance Process, General
STATUTORY AUTHORITY: 34-A M.R.S.A., Section 1402 and Section 1203
PURPOSE: Repeal of existing rule and replacement with two (2) new rules. The purpose is to clarify and add new information regulating the Department's client grievance policy and procedures for general issue grievances and to separate juvenile and adult grievance procedures.
ANTICIPATED SCHEDULE: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: Juvenile and adult offenders sentenced to the Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTERS 10 (ADULT) 12 (JUVENILE), Sec. 29.2: Grievance Process, Medical and Mental Health Care STATUTORY AUTHORITY: 34-A M.R.S.A., Section 1402 and Section 1203
PURPOSE: Repeal of existing rule and replacement with two (2) new rules. The purpose is to clarify and add new information regulating the Department's client grievance policy and procedures for general issue grievances and to separate juvenile and adult grievance procedures.
ANTICIPATED SCHEDULE: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: Juvenile and adult 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 move this rule into Chapter 12 and 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 3035
PURPOSE: Revision of existing rule. The purpose of the amendment is to clarify when a prisoner may be eligible for or removed from furlough, to renumber the policy as Section 27.4 and to revise the title of the policy.
ANTICIPATED SCHEDULE: Summer/Fall adoption
AFFECTED PARTIES: Regulated parties: Prisoners of the Department.
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/or add new disciplinary offenses for adult offenders.
ANTICIPATED SCHEDULE: Spring/Summer adoption
AFFECTED PARTIES: Regulated parties: Prisoners of 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: Prisoners of the Department
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10, Sec. 27.3: Community Transition Program
STATUTORY AUTHORITY: 34-A, M.R.S.A., Section 3035
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: Prisoners of 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: Confined persons & staff. Regulated parties: municipal and county detention and correctional facilities.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 11: Testing and Release of HIV Information
STATUTORY AUTHORITY: 5 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 and to revise the title of the policy.
ANTICIPATED SCHEDULE: Fall/Winter adoption
AFFECTED PARTIES: Regulated parties: Prisoners of the Department and confined juveniles.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 12, 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/or add new disciplinary offenses for residents of the juvenile facilities.
ANTICIPATED SCHEDULE: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: Confined juveniles.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 12, Sec. 20.1: Furlough Pass/Furlough Leave Program
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 resident of a juvenile facility may be eligible for or removed from furlough and to add an appeal provision.
ANTICIPATED SCHEDULE: Summer/Fall adoption
AFFECTED PARTIES: Regulated parties: Confined juveniles.
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 2006 - 2007 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