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Home > Agendas > 2007-2008 > Department of Corrections

2007-2008 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. Tel.: (207) 287-4681, e-mail: Esther.Riley@maine.gov

EMERGENCY RULES ADOPTED SINCE THE PREVIOUS REGULATORY AGENDA: None

EXPECTED 2007 - 2008 RULE-MAKING ACTIVITY:

CHAPTER 1: Detention and Correctional Standards for Counties and Municipalities and Additional Accommodations
STATUTORY AUTHORITY: 34-A MRSA 1208 and 1208-A
PURPOSE: Revision of existing rule. The purpose of the amendment is to make revisions to the jail standards to keep pace with professional practices.
ANTICIPATED SCHEDULE: Spring/Summer adoption
AFFECTED PARTIES: Benefited parties: Confined persons & staff. Regulated parties: municipal and county detention and correctional facilities and additional accommodations.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10, Sec. 2.12: Prisoner/Resident Accounts - Fiscal Management
STATUTORY AUTHORITY: 34-A MRSA 3039
PURPOSE: Repeal and replacement 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 MRSA 1206
PURPOSE: This rule will be repealed, as the statutory authority for the rule has been repealed.
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: 17-A MRSA 1330 and 34-A MRSA 3035, 3809-A, and 4111
PURPOSE: Repeal and replacement 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: 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. 29.1: Grievance Process, General
STATUTORY AUTHORITY: 34-A MRSA 1402 and 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 MRSA 1402 and 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 MRSA 1402 and 3032
PURPOSE: Repeal and replacement of existing rule. The purpose of the amendment is to move this rule into Chapter 12 (Juvenile Chapters) 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 MRSA 3035
PURPOSE: Repeal and replacement 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: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: Prisoners of the Department.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10, Sec. 18.22: Testing and Release of HIV Information (Adult)
CHAPTER 12, Sec. 13.22: Testing and Release of HIV Information (Juvenile)
STATUTORY AUTHORITY: 5 MRSA 19023
PURPOSE: Revision of existing rule.
ANTICIPATED SCHEDULE: Spring/Summer adoption
AFFECTED PARTIES: Regulated parties: Prisoners of the Department and confined juveniles.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10, Sec. 20.1: Prisoner Discipline
STATUTORY AUTHORITY: 34-A MRSA 3032
PURPOSE: Repeal and replacement 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 MRSA 1402 and 3032
PURPOSE: Repeal and replacement 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 3036-A
PURPOSE: Repeal and replacement of existing rule. The purpose of the amendment is to address changes in eligibility standards for prisoner participation and requirements while on supervised community confinement.
ANTICIPATED SCHEDULE: Fall/Winter 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, MRSA 3035
PURPOSE: Repeal and replacement 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 MRSA 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: Spring/Summer adoption
AFFECTED PARTIES: Benefited parties: Confined persons & staff. Regulated parties: municipal and county detention and correctional facilities.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 12, Sec. 15.3: Resident Discipline System
STATUTORY AUTHORITY: 34-A MRSA 3032
PURPOSE: Repeal and replacement 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. 20.0: Community Transition Program
STATUTORY AUTHORITY: 34-A, MRSA 3035
PURPOSE: To propose a policy governing the transitioning of juveniles into the community through work release and other programs.
ANTICIPATED SCHEDULE: Spring/Summer 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 MRSA 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: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: Confined juveniles.
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: Fall/Winter 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. Tel.: (207) 287-4681, e-mail: Esther.Riley@maine.gov

EMERGENCY RULES ADOPTED SINCE THE PREVIOUS REGULATORY AGENDA: None

EXPECTED 2007 - 2008 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