Chapter 240
H.P. 383 - L.D. 499
PART ZZZ
Sec. ZZZ-1. 25 MRSA §2808-A is enacted to read:
1. Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Governmental entity" means the State or any city, town, plantation or county.
B. "Training" means the basic training provided to a full-time corrections officer by the Maine Criminal Justice Academy, as described in section 2804-D.
C.
"Training costs" means a fixed dollar amount determined by the board. In making the determination, the board shall include the following costs:
(1) The full cost of the salary, including fringe benefits, paid to the officer while in training;
(2) The full cost of the tuition charged by the Maine Criminal Justice Academy;
(3) The full cost of uniforms for training and graduation provided to the officer in training; and
(4) The full cost of the salary, inclusive of overtime, paid to corrections officers to provide coverage that would otherwise have been lost during the absence of the corrections officer in training.
The board shall review the determination of training costs annually, make any necessary adjustments and provide that determination to the Commissioner of Corrections and to all administrators of county jails in the State.
2. Reimbursement for training costs.
Whenever a full-time corrections officer, trained at the Maine Criminal Justice Academy at the expense of a particular governmental entity, is subsequently hired by another governmental entity as a full-time corrections officer or full-time law enforcement officer within 5 years of graduation from the academy, the governmental entity shall reimburse the first governmental entity according to the following formula. A. If the corrections officer is hired by the other governmental entity during the first year after graduation, that governmental entity shall reimburse the first governmental entity the full cost of the training costs.
B. If the corrections officer is hired by the other governmental entity during the 2nd year after graduation, that governmental entity shall reimburse the first governmental entity 80% of the training costs.
C. If the corrections officer is hired by the other governmental entity during the 3rd year after graduation, that governmental entity shall reimburse the first governmental entity 60% of the training costs.
D. If the corrections officer is hired by the other governmental entity during the 4th year after graduation, that governmental entity shall reimburse the first governmental entity 40% of the training costs.
E. If the corrections officer is hired by the other governmental entity during the 5th year after graduation, that governmental entity shall reimburse the first governmental entity 20% of the training costs.
F. If the corrections officer graduated more than 5 years before subsequently being hired by the other governmental entity, that governmental entity is not obligated to reimburse the first governmental entity.
If the corrections officer is subsequently hired by additional governmental entities within 5 years of graduation from the academy, each of those governmental entities is liable to the governmental employer immediately preceding it for the training costs paid by that governmental entity under this subsection. The extent of financial liability must be determined according to the formula established by this subsection.
Reimbursement is not required when the corrections officer hired by a governmental entity has had employment with a prior governmental entity terminated at the discretion of the governmental entity.
Sec. ZZZ-2. 34-A MRSA §3036-A, sub-§2, as amended by PL 2003, c. 711, Pt. A, §§21 and 22 and affected by Pt. D, §2, is further amended to read:
2. Participation.
With the consent of the prisoner the The commissioner may permit transfer any prisoner committed to the department to be transferred from a correctional facility to supervised community confinement subject to the following restrictions.A. A transfer to supervised community confinement may only be granted subject to rules adopted by the commissioner.
B. A prisoner may not be transferred to supervised community confinement until the prisoner has served at least 2/3 of the term of imprisonment imposed or, in the case of a split sentence, at least 2/3 of the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17-A, section 1253 if the term of imprisonment or, in the case of a split sentence, the unsuspended portion is more than 5 years. A prisoner may not be transferred to supervised community confinement until the prisoner has served at least 1/2 of the term of imprisonment imposed or, in the case of a split sentence, at least 1/2 of the unsuspended portion after consideration of any deductions that the prisoner has received and retained under Title 17-A, section 1253 if the term of imprisonment or, in the case of a split sentence, the unsuspended portion is 5 years or less.
C. Except as provided in paragraph C-1, a prisoner may not be transferred to supervised community confinement unless the prisoner has no more than one year 18 months remaining on the term of imprisonment or, in the case of a split sentence, on the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17-A, section 1253.
C-1. If the commissioner determines that the average statewide probation case load is no more than 90 probationers to one probation officer, then a prisoner may be transferred to supervised community confinement if that prisoner has no more than 2 years remaining on the term of imprisonment or, in the case of a split sentence, on the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17-A, section 1253.
D. A prisoner may not be transferred to supervised community confinement if the prisoner has a security classification level higher than minimum.