Annual Regulatory Agenda and Policies Pending APA
Print Agenda*
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, Contact the Policy Development Coordinator
EMERGENCY RULES ADOPTED SINCE THE PREVIOUS REGULATORY
AGENDA:
None
Notification of Rule-Making
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
Text of Chapter 10, Subsection 2.12
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PURPOSE: This rule will be repealed, as the statutory authority
for the rule has been repealed.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
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: Summer/Fall 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: 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: Summer/Fall 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. 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: 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, Policy Development Coordinator,
State House Station 111, Augusta, Maine 04333. Tel.: (207)
287-4681, Contact the Policy Development Coordinator
EMERGENCY RULES ADOPTED SINCE
THE PREVIOUS REGULATORY AGENDA: None
EXPECTED 2008 - 2009 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
* This file requires the free Adobe
Reader.
