Annual Regulatory Agenda

Print Agenda*

Department of Corrections
2012-2013 Regulatory Agenda

CONTACT PERSON: Kelene Barrows, Administrative Assistant, State House Station 111, Augusta, Maine 04333. Telephone: (207) 287-4360. E-mail: Kelene.Barrows@Maine.gov.

03-201: Department of Corrections – General
03-208: Maine Parole Board
95-644: Board of Corrections

 

AGENCY UMBRELLA-UNIT NUMBER: 03-201

AGENCY NAME: Department of Corrections - General

EMERGENCY RULES ADOPTED SINCE THE PREVIOUS REGULATORY AGENDA: None

EXPECTED 2012 - 2013 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 make 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PURPOSE: This rule will be repealed, as the statutory authority for the rule has been repealed.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: 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: 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 Chapter 10, Section 27.4 and to revise the title of the policy to Furlough Pass/Furlough Leave Program
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)
STATUTORY AUTHORITY: 5 MRSA §19023
PURPOSE: Revision of existing rule.
ANTICIPATED SCHEDULE: Winter/Spring 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 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: To revise the rule regarding the accommodation of prisoner religious rights, as necessary. ANTICIPATED SCHEDULE: Winter/Spring 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: 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, 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

CHAPTERS 10 (ADULT) 12 (JUVENILE) 13 (Community Corrections), Sec. 29.1: Grievance Process, General
STATUTORY AUTHORITY: 34-A MRSA §1402 and §1203
PURPOSE: Revision of existing rule as necessary to clarify and streamline the process. ANTICIPATED SCHEDULE: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: Juveniles and adults in the custody or under the supervision of 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: Revision of existing rule as necessary to clarify and streamline the process.
ANTICIPATED SCHEDULE: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: Juveniles and adults in the custody or under the supervision 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: 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 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: Confined juveniles.
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: Juveniles committed to the Department.
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: Juveniles committed to the Department.
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

CHAPTER 15: Certification of Community Intervention Programs
STATUTORY AUTHORITY: 34-A MRSA §1206A        
PURPOSE: To establish rules to certify community intervention programs.
ANTICIPATED SCHEDULE: Spring/Summer adoption
AFFECTED PARTIES: Regulated parties; community intervention programs
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

 

AGENCY UMBRELLA-UNIT NUMBER: 03-208
AGENCY: State Parole Board

EMERGENCY RULES ADOPTED SINCE THE PREVIOUS REGULATORY AGENDA: None

EXPECTED 2012 - 2013 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: Winter adoption
AFFECTED PARTIES: Regulated parties: State adult facilities and community corrections prisoners sentenced to the Department.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

 

AGENCY UMBRELLA-UNIT NUMBER: 95-644
AGENCY NAME: Board of Corrections

EMERGENCY RULES ADOPTED SINCE THE PREVIOUS REGULATORY AGENDA: None

EXPECTED 2012- 2013 RULE-MAKING ACTIVITY:

CHAPTER 2: Sec. 1 Change of Use, Downsizing or Closure of Correctional Facilities
STATUTORY AUTHORITY: 34-A M.R.S.A., Sections 1803, subsection 2
PURPOSE: Revision of rule as necessary to clarify the process and standards used by the Board of Corrections to determine the use of state correctional facilities and county jails; determine if a state correctional facility or county jail should be assigned a new service responsibility; or determine if a state correctional facility or county jail should be downsized or closed.
ANTICIPATED SCHEDULE: Winter/Spring adoption 
AFFECTED PARTIES: Regulated parties: county jail facilities and state correctional facilities.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 2: Sec 2 Certificate of need for public or private capital correctional construction projects
STATUTORY AUTHORITY: 34-A M.R.S.A., Section 1803, subsection 4
PURPOSE: The purpose of the rule is establish a certificate of need process and procedures for the review and approval of any future public or private capital correctional construction projects and financing alternatives.
ANTICIPATED SCHEDULE: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: public or private capital correctional construction projects.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 2: Sec 3 Implementation of Board Responsibilities and Duties
STATUTORY AUTHORITY: 34-A M.R.S.A., Section 1803, subsection 8
PURPOSE: The purpose of the rules is to establish policies and procedures necessary to implement the board’s responsibilities.
ANTICIPATED SCHEDULE: Winter/Spring adoption
AFFECTED PARTIES: Regulated parties: public or private capital correctional construction projects.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

* This file requires the free Adobe Reader.