Maine Statute | Act | Code |Title 05. Administrative Procedures And Services| US Code - US Statute | Chapter 316. Maine Criminal Justice Commission (heading. Pl 1991, C. 417, @1 (new))

USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 316. MAINE CRIMINAL JUSTICE COMMISSION (HEADING. PL 1991, c. 417, @1 (new))

Title 5 - §3358. Maine Criminal Justice Commission

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 9: CRIMINAL JUSTICE PLANNING AND ASSISTANCE (HEADING: PL 1969, c. 465 (new); 1975, c. 425, @1 (amd))
Chapter 316: MAINE CRIMINAL JUSTICE COMMISSION (HEADING: PL 1991, c. 417, @1 (new))

§3358. Maine Criminal Justice Commission

1. Establishment. In order to monitor and evaluate the State's criminal justice system on an ongoing basis and to provide recommendations regarding changes in that system to the appropriate state departments and the Legislature, there is established, pursuant to Title 5, section 12004-J, subsection 10, an independent commission known as the Maine Criminal Justice Commission. [1991, c. 417, §1 (new).]

2. Composition. The commission consists of 25 members appointed as follows:

A. Two members from the Senate appointed by the President of the Senate; [1991, c. 417, §1 (new).]

B. Three members from the House of Representatives appointed by the Speaker of the House of Representatives; [1991, c. 417, §1 (new).]

C. One member from the Juvenile Justice Advisory Group appointed by the Governor; [1991, c. 417, §1 (new).]

D. One member from the Criminal Law Advisory Commission appointed by the Attorney General; [1991, c. 417, §1 (new).]

E. The Attorney General or the Attorney General's designee; [1991, c. 417, §1 (new).]

F. The Commissioner of Corrections or the commissioner's designee; [1991, c. 417, §1 (new).]

G. The Commissioner of Public Safety or the commissioner's designee; [1991, c. 417, §1 (new).]

H. The Director of the Maine Criminal Justice Academy or the director's designee; [1991, c. 417, §1 (new).]

I. One member from the Maine Chiefs of Police Association appointed by the Governor; [1991, c. 417, §1 (new).]

J. One member from the Maine Sheriffs' Association appointed by the Governor; [1991, c. 417, §1 (new).]

K. One member from the Maine Prosecutors Association appointed by the Governor; [1991, c. 417, §1 (new).]

L. One attorney experienced in criminal defense appointed by the Governor; [1991, c. 417, §1 (new).]

M. One member from the faculty of the University of Maine School of Law appointed by the Governor; [1991, c. 417, §1 (new).]

N. One member representing the Maine Correctional Advisory Commission appointed by the Governor; and [1991, c. 417, §1 (new).]

O. Eight other persons appointed by the Governor, consisting of:

(1) One member representing the Governor's office;

(2) One full-time nonadministrative employee from the Department of Corrections;

(3) One former offender;

(4) Two nongovernmental service providers to the State's criminal justice system;

(5) Two persons who have a demonstrated interest in the State's criminal justice system; and

(6) One representative of a nongovernmental victims' organization.
[1991, c. 417, §1 (new).]

P. [1993, c. 349, §9 (rp).]

The commission shall request that the Chief Justice of the Maine Supreme Judicial Court, or a designee of the Chief Justice, serve as an advisor to the commission. [1997, c. 134, §7 (amd).]

3. Chair. The Governor shall designate the first chair from among the Governor's appointees. The first chair shall call the first meeting of the commission as soon as funding permits. At the first meeting or a subsequent meeting, the commission shall select a chair from among its members and may select a new chair annually. [1991, c. 417, §1 (new).]

4. Terms of appointment. The terms of appointment are as follows.

A. Of the initial gubernatorial appointments, 5 must be for terms of 3 years, 5 must be for terms of 2 years and 5 must be for terms of one year. [1991, c. 417, §1 (new).]

B. Subsequent gubernatorial appointments must be for terms of 3 years. Members may serve beyond their designated terms until their successors are appointed. [1991, c. 417, §1 (new).]

C. Terms of appointment for Legislators must be for the legislative term of office of the person appointed. [1991, c. 417, §1 (new).]

D. Other appointed members who are neither Legislators nor gubernatorial appointees shall serve for terms of 3 years. [1991, c. 417, §1 (new).]

[1991, c. 417, §1 (new).]

5. Meetings. The commission may meet as often as necessary but, if funding permits, must meet at least quarterly. If funding permits, a meeting may be called by the chair or by any 4 members. Minutes of all meetings must be taken and maintained by the commission. [1991, c. 417, §1 (new).]

6. Staffing. If funding permits, the commission may employ a full-time executive director and set the executive director's salary. The executive director serves at the pleasure of the commission. The executive director shall perform duties as assigned by the commission. If funding permits, the commission may employ other staff as needed. The staffs of the departments represented on the commission may assist the commission in carrying out its functions and duties within their existing resources. The executive director may make recommendations to the commission. The commission may contract for administrative, professional and clerical services if funding permits. [1991, c. 417, §1 (new).]

7. Funding. The commission is authorized to seek, accept and expend outside sources of funding to carry out the commission's activities. [1993, c. 736, §1 (amd).]

8. Duties. The commission shall:

A. Regularly advise the Governor and executive officers, the Legislature, the Judicial Department, the Attorney General and any other parties affected by its recommendations regarding criminal justice policy; [1991, c. 417, §1 (new).]

B. Submit a report containing the results of its studies, findings and recommendations to the Governor and committees of the Legislature having jurisdiction over criminal justice matters by December 31st of each year. As resources permit, the report must include:

(1) A detailed assessment of existing and needed resources within the State's criminal justice system, to include an evaluation of population growth management with respect to appropriate utilization of institutional and community resources, including law enforcement, prosecution, judicial, corrections and community corrections resources;

(2) An evaluation of existing programs for incarcerated and nonincarcerated offenders, including recommendations for improvements or new programs;

(3) An evaluation of the method used to determine the needs of offenders and the risks they present when arrested, detained, prosecuted, sentenced, placed in community programs or institutionalized;

(4) Recommendations for effective management of the resources within the State's criminal justice system;

(5) Recommendations regarding an offender-based tracking system to provide current and historical offender data at all levels of the State's criminal justice system;

(6) Recommendations for appropriate prevention strategies at all levels of the State's criminal justice system;

(7) Recommendations regarding evaluation methodology for the State's criminal justice system; and

(8) Evaluation and recommendations with respect to provision of criminal legal defense assistance to indigent criminal defendants;
[1991, c. 417, §1 (new).]

C. Develop rules of procedure necessary to carry out its duties; [1991, c. 417, §1 (new).]

D. Conduct public hearings, conferences, workshops and other such meetings to obtain information about, discuss and publicize the needs of and solutions to, problems concerning the State's criminal justice system; and [1991, c. 417, §1 (new).]

E. Prepare legislation for submission to the Legislature to implement any recommendations of the commission. [1991, c. 417, §1 (new).]

[1991, c. 417, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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