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Home > Agendas > 2008-2009 > Department of Corrections

2008-2009 Regulatory Agendas

03
Department of Corrections

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

CONTACT PERSON: Esther Riley, Policy Development Coordinator, 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 2008 - 2009 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: Winter/Spring 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: Summer/Fall 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PURPOSE: This rule will be repealed, as the statutory authority for the rule has been repealed.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: Summer/Fall 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: Adult offenders sentenced to the Department and juvenile offenders committed 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: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: Juveniles in the custody or under the supervision of 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: Winter/Spring 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: Winter/Spring 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: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: Adults in the custody or under the supervision of the Department. CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10, Sec. 24.3: Religious Services, General Guidelines
STATUTORY AUTHORITY: 34-A MRSA §3048
PURPOSE: Enact a rule to provide for the accommodation of prisoner religious rights.
ANTICIPATED SCHEDULE: Fall/Winter adoption
AFFECTED PARTIES: Regulated parties: Prisoners of 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