State

1
State County Correctional System

• Roles Responsibilities
• 1975 to Present

2
State Correctional System, Roles
Responsibility1975 to Present

• 1975 Enactment of New Criminal Code
• Eliminates Parole as a sentencing option, phase
  out parole, parolees still exist today
  
• Enacted Crime Classification Murder, Class A, B,
  C, felonies Class D,E misdemeanor
  
• Sentencing range established according to Class.
  
  
• 1976 Womans Correctional Facility Hallowell
  Closed, Adult Women moved to MCC, Juveniles to
  MYC.
  
• 1980, Maine State Prison Lockdown
• Prior to 1981, State correctional system was a
  Bureau within the Department of Mental Health
  
• 1983 Establishment of the Department of
  Corrections, 34-A MRSA
  
• Responsible for implementation of Adult
  Juvenile sentences to state
  
• Administration of State Correctional System
• Adult Juvenile correctional facilities
• Adult, any sentence length or class of offense
  (sentencing practices presumed state system
  responsible for longer term felony)
  
• Adult, pre-trial safe keepers, CJ petition
  transfer high security risk
  
• Juvenile, committed, indeterminate shock
  sentences
  
• Juvenile, per-adjudication diagnostic
  evaluation, court ordered
  
• Adult Juvenile, Probation Parole
• Pre-sentence investigations, adult
• Adult Juvenile Probation supervision, combined
  system, Probation Officers supervise both adult
  juvenile caseloads.
  
• Parole System Adult Offenders (being phase out)

3
State Correctional System, Role
Responsibility1975 to Present Continued

• 1987 Enactment of County Community Corrections
  Act
  
• Governors Blue Ribbon Commission on Corrections,
  40 of admissions to state system sentenced from
  1 day to 12 months, all classes of offense.
  Recommendations enacted to formalize direct
  court sentencing pursuant to MRSA 17-A Section
  1252 to state county jail facilities. State
  system responsible for longer term felonies,
  county responsible for shorter term Class D, E,
  misdemeanors, Class C felony, nine months or
  less.
• State system responsible for Class A, B, C
  offenders sentence lengths greater than 6 months,
  increased to greater then 9 months (1989),
  finally 12 months. 12 month provision repealed,
  never enacted.
• Exception, Multiple Class D,E offenses totaling
  more then 9 months, courts may sentence to state
  facility.
  
• State reimburse county jails for shift in
  population based on individual county actual per
  diem cost.
  
• 10 of reimburse to counties to be used for
  community correctional programs, adult (5)
  juvenile (5)
  
• 90 for support of CJ prisoners, (cost to manage
  operate CJs)
  
• 1995 Federal Truth in Sentencing, Maine enacted
  law reducing good time inmates earn from 15 days
  month to 3 day a month. Resulted in increased
  length of stay in state correctional facilities.
  
• 1997 Reorganization of Department, Productivity
• Centralized Administration (victim services,
  medical, information systems, financial)
  
• Institutional Division, Adult (MSP, BCF, MCC,
  SMPRC, CCF, DCF, CMPRC)
  
• Juvenile Services Division
• Juvenile Institutional (MYC, NMJDC)
• Juvenile Community Services Division
• Adult Community Services Division (Probation
  Parole)
  
• Adult Community Supervision
• Central Maine Pre-release Center

4
State Correctional System, Role
Responsibility1975 to Present Continued

• 1997 Responsibility for all juvenile detention
  shock sentences shifted to state. Eliminated
  juvenile detention shock sentences to county
  jails. Shift from county jails to state, about 40
  juveniles ADP.
• 1998 County Community Corrections Act amended
  reimbursement changed to subsidy based on FY
  1996/1997 percentage of distribution of state
  reimbursement to individual counties.
• 1999-2002 Development and Implementation of
  construction master plan to address high cost
  through improved economy of scale and more
  efficiently designed facilities (technology,
  direct supervision, unit management) Develop new
  juvenile treatment model construct two new
  youth development centers (north south) to meet
  treatment needs and provide facilities that
  comply with ACA standards for juvenile
  facilities.
• 2002 Adult Male Facilities Consolidated adult
  facilities (Close Old MSP, BPRC, SMPRC, Shift
  Maximum Medium Security Inmates to the new
  MSP-Warren. Constructed new 912 bed
  maximum/medium security prison in Warren,
  Implemented unit management and direct
  supervision models at all facilities.
• 2003 Adult Female Facility Constructed new 70 bed
  female unit on the grounds of the Maine
  Correction Center in South Windham and
  implemented unit management, direct supervision
  as well as a new cognitive treatment model to
  meet the special needs of female offenders.

5
State Correctional System, Role
Responsibility1975 to Present Continued

• 2004 Sentencing Commission, Implementation of
  Recommendations
  
• Apply best practices based on research. Risk
  management.
  
• Limit use of adult probation to Class A,B, C and
  Class D, E, sex and domestic violence offenses.
  Focus resources on offenders with higher risk of
  offending. Reduce probation revocations to state
  facilities.
• Court use of deferred sanctions for lower risk
  offenders rather then probation.
  
• 2002 Juvenile Facilities Developed implemented
  cognitive treatment model for use at youth
  development centers. Constructed two new ,state
  of the art youth development centers, one in
  South Portland (Long Creek Youth Development
  Center) replacing the Old Maine Youth Center, and
  a second in Charleston (Mountain View Youth
  Development Center) which expanded the Northern
  Maine Juvenile Detention Center to include youths
  committed from northern Maine.
• Increased use of goodtime except in cases of sex
  offenses domestic violence. Use of goodtime as
  an incentive for offenders to participate in
  release programming, work, and treatment.
• Increase use of Supervised Community Confinement.
  
  

6
Maine County Jail System Role
Responsibility1975 to Present

• Prior 1975 County Jails Role responsible for
• detention of all pre-trial pre-sentenced adult
  juvenile offenders
  
• All sentences up to 364 days, felony,
  misdemeanor, traffic, fish game
  
• Juvenile detention shock sentences
• 1975 Enactment of New Criminal Code
• No change in jail role or responsibility.
• 1978 MCLU Class action suit against all jails for
  conditions of confinement
  
• 1979 NIC Maine Jail Detention Study, Maine
  Sheriffs Assoc CRS Inc.
  
• Studied regionalization of jails vs stand alone
  facilities Recommended stand alone.
  
• Studied conditions of facilities, staffing
  operation compared to case law requirements
  national professional practices
  
• Jail facilities averaged 100 years old, serious
  conditions of confine and life safety code
  violation.
  
• Jails seriously understaffed, poorly managed,
  staff not trained
  
• Jail management and operational practices, 40
  compliance with national professional practices.
  
• Recommendations
• Jail physical plant feasibility study, completed
  by MSA, Carter Associates, 1980 to present 160
  million renovations/new jails.
  
• State Establish enforce minimum mandatory Jail
  Standards and compliance program based on case
  law requirement national correctional
  practices. Completed 1982 by MDOC MSA present
  average compliance 90.
• Training certification of jail managers and
  correctional staff. Jail managers correctional
  staff mandatory training certification Maine
  law MRSA 25. MDOC, MSA, MCJA, NIC

7
Maine County Jail SystemRoles
Responsibility1975 to Present Continued

• 1986 Class Action suit against jail dropped by
  MCLU.
  
• 1987 Enactment of County Community Corrections
  Act
  
• . Recommendations enacted to formalize direct
  court sentencing pursuant to MRSA 17-A Section
  1252 to state county jail facilities. County
  system responsible for Class D, E, up to 364
  days, Class C felony, nine months or less.
• State system responsible for Class A, B, C
  offenders sentence lengths greater than 6 months,
  increased to greater then 9 months (1989),
  finally 12 months. 12 month provision repealed,
  never enacted.
• Exception, Multiple Class D,E offenses totaling
  more then 9 months, courts may sentence to state
  facility.
  
• State reimburse county jails for shift in
  population based on individual county actual per
  diem cost. Shift of about 260 inmates ADP from
  state to county.
• 10 of reimburse to counties to be used for
  community correctional programs, adult (5)
  juvenile (5)
  
• 90 for support of CJ prisoners, (cost to manage
  operate CJs)
  
• 1995 Federal Truth in Sentencing, Maine enacted
  law reducing good time inmates earn from 15 days
  month to 3 day a month. Resulted in increased
  length of stay of inmates serving sentences in
  county jails.
• 1997 Responsibility for all juvenile detention
  shock sentences shifted to state. Eliminated
  juvenile detention shock sentences to county
  jails. Shift in juvenile population from county
  jails to state facilities of about 40 juveniles
  ADP.

8
Maine County Jail SystemRoles
Responsibility1975 to Present Continued

• 1998 County Community Corrections Act amended
  reimbursement changed to subsidy based on FY
  1996/1997 percentage of distribution of state
  reimbursement to individual counties. Present
  state subsidy to counties, state general fund
  5.4 million annually, court fine surcharge
  250,000 annually, Total 5.65 million.
• 2004 Sentencing Commission, Implementation of
  Recommendations
  
• Apply best practices based on research. Risk
  management.
  
• Limit use of adult probation to Class A,B, C and
  Class D, E, sex and domestic violence offenses.
  Focus resources on offenders with higher risk of
  offending. Reduce probation revocations to county
  jails.
• Court use of deferred sanctions for lower risk
  offenders rather then probation.
  
• Increased use of goodtime except in cases of sex
  offenses domestic violence. Use of goodtime as
  an incentive for offenders to participate in
  release programming, work, and treatment.
• Increase use of alternative sentencing
  pre-trial diversion.
  
• 2004 Legislature amended Community Corrections
  Act to require counties to report use of CCA
  funds to MDOC to verify county use of funds for
  intended purpose. First reports received 8/05.

9
County Jail, State Correctional Facility
ProbationImpacts Resulting from Changing
Sentencing Practices1982 to Present

• 97 Increase in Number of Class A,B,C,D E
  crimes enacted since 1982 (149 crimes to 292
  crimes)
  
• Increase Number of Felony Crimes From 36 to 53
• Enhanced sentences for Class A offenses
• O to 20 yrs 1982 to Present 0 to 40yrs
• Crime committed w/firearm or weapon enhanced by 1
  Crime Class (B to A, C to B, D to C, E to D)
  
• Crime of violence w/2 prior conviction of
  violence, enhanced by 1 class
  
• Enactment of mandatory/minimum sentences
• GSA w/2 prior GSA convictions
• Aggravated drug crime
• Operating Under the Influence
• Night hunting

10
County Jail, State Correctional Facility
ProbationImpacts Resulting from Changing
Sentencing PracticesContinue

• Increased Lengths of Probation
• Class A Was 3 yrs increased up to 6 yrs
• Class B Was 3 yrs increased up to 4 yrs
• Class C Was 2 yrs increased up to 4 yrs
• If Sex related Offense If Dangerous Sex
  Offender
  
• Class A 10yrs Up to Life
• Class B 6 Yrs Up to Life
• Class C 6 Yrs Up to Life
• Class D 2 Yrs Up to Life
• Class E 2 Yrs Up to Life