LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
383
JULY 5, 2023 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 643 - L.D. 1626
An Act to Standardize Requirements Between Boards of Visitors for County
Jails and Department of Corrections Correctional Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §1651, as amended by PL 2021, c. 620, §3, is further amended
to read:
§1651. Examination of jails; board of visitors
1. Examination. At the commencement of each session required by law, the county
commissioners shall examine the jail in their county and take necessary precautions for the
security of prisoners, for the prevention of infection and sickness and for the
accommodations of the prisoners.
2. Appointment. The sheriff for each county shall appoint a board of 7 visitors for
each jail or other county correctional facility under the sheriff's supervision.
A. Members of the boards of visitors serve for terms of one year 3 years.
B. Members of the boards of visitors are eligible for reappointment at the expiration
of their terms. The boards of visitors must be representative of a broad range of
professionals, family members and citizens interested in the well-being of prisoners,
including representatives of advocacy groups for human and civil rights, medical and
psychiatric professionals, persons who have served in corrections settings and other
interested citizens. One member of each board of visitors must be a person with
knowledge of issues related to the incarceration of women. One member of each board
of visitors must be a woman who has been incarcerated in the State and who has prior
child welfare experience with the Department of Health and Human Services, Office
of Child and Family Services. One member of each board of visitors must have
experience in the field of mental or behavioral health.
C. A member of the Legislature or an employee of a sheriff's department may not serve
on a board of visitors.
D. The sheriffs of 2 or more counties, at their discretion, may appoint a joint board of
visitors of 7 or more members.
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 3. Powers. Each board of visitors shall inspect the correctional facility to which it is
assigned, subject to reasonable restrictions required by the sheriff to ensure the security of
the jail, and make recommendations to the sheriff with respect to inmates who are mentally
ill.
4. Duties. Boards of visitors have the following duties.
A. Each board of visitors shall inspect the jail or other county correctional facility to
which it is assigned. Each board of visitors must be provided open access to all physical
areas of the jail or other county correctional facility, including access to areas housing
prisoners. Each board of visitors must be provided the opportunity to speak to prisoners
and to staff. Members of the board of visitors shall comply with all sheriff's office
policies and procedures and security practices regarding access to the jail or other
county correctional facility, shall adhere to all federal and state laws regarding
confidentiality and shall refer concerns or complaints regarding specific individuals to
the jail administrator or advocate or other county correctional facility administrator or
advocate.
B. Each board of visitors shall make recommendations to the sheriff regarding services
or treatment for prisoners who have mental health challenges or are mentally ill.
C. Each board of visitors shall review the management of the jail or other county
correctional facility to which it is assigned to determine whether that management is
consistent with the philosophy, mission and policy goals of the sheriff's office and
facility. On or before February 15th of each calendar year, each board of visitors shall
prepare an annual report including its recommendations and shall provide copies of its
report to the jail administrator, the county correctional facility administrator, the county
commissioners and the joint standing committee of the Legislature having jurisdiction
over criminal justice and public safety matters. The sheriff shall provide copies with
the sheriff's response to the reports to the joint standing committee of the Legislature
having jurisdiction over criminal justice and public safety matters within one month of
receiving the annual reports.
D. Each board of visitors shall appear before the joint standing committee of the
Legislature having jurisdiction over criminal justice and public safety matters upon
request.
E. Each board of visitors shall meet regularly and tour the jail or other county
correctional facility to which it is assigned at least 4 times a year. At each meeting, a
board of visitors may request and must receive information from the jail administrator
or a county correctional facility administrator that the board determines will assist in
the review of the management of the jail. To the extent that a board of visitors is not
discussing matters made confidential by federal or state law, a meeting of the board is
a public proceeding and must be conducted in accordance with Title 1, section 403.
Boards of visitors may meet jointly.
F. Each board of visitors shall share copies of that board's annual report with the other
boards of visitors of that sheriff's office.
5. Orientation and training. A board of visitors must receive annual training,
including:
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 A. Facilities orientation, including a tour of the jail or other county correctional facility
to which the board of visitors is assigned, explanation of the facility command structure
and receipt of the Department of Corrections' publication regarding detention and
correctional standards for Maine counties and municipalities, facility prisoner
handbooks, volunteer policies and board of visitors policies;
B. Review of the federal Americans with Disabilities Act of 1990 and guidance
concerning domestic violence, substance use disorder including opioids, behavioral
health and adverse childhood trauma;
C. A list and explanation of available community resources;
D. The legal requirements of this section; and
E. Training on any other subject as determined by the sheriff or chair of the board of
visitors.
Sec. 2. 34-A MRSA §3001-A, sub-§1, as enacted by PL 2005, c. 683, Pt. B, §26,
is amended to read:
1. Appointment. The Governor shall appoint a board of 5 7 visitors for each
correctional facility under the department, as authorized by Title 5, section 12004‑I,
subsection 5.
A. The terms of the members of the boards of visitors are for 3 years.
B. Members of the boards of visitors are eligible for reappointment at the expiration
of their terms.
C. A member of the Legislature or an employee of the department may not serve on
any board of visitors.
D. At least one member of each board must be a person licensed by this State to provide
mental health services.
E. Each member of the boards of visitors must be compensated according to the
provisions of Title 5, chapter 379.
F. The Governor shall appoint a chair from the membership.
G. At least one member of each board of visitors must have been incarcerated in a
correctional facility.
Sec. 3. 34-A MRSA §3001-A, sub-§2, ¶B, as enacted by PL 2005, c. 683, Pt. B,
§26, is amended to read:
B. Each board of visitors shall review the management of the correctional facility to
which it is assigned to determine whether that management is consistent with the
philosophy, mission and policy goals of the department and facility. Each On or before
February 15th of each calendar year, each board of visitors shall prepare an annual
report including its recommendations and shall provide copies of its report to the chief
administrative officer of the facility, the commissioner and the joint standing
committee of the Legislature having jurisdiction over criminal justice and public safety
matters. The commissioner shall provide copies with the department's response to the
reports to the joint standing committee of the Legislature having jurisdiction over
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 criminal justice and public safety matters within one month of receiving the annual
reports.
Sec. 4. 34-A MRSA §3001-A, sub-§2, ¶D, as enacted by PL 2005, c. 683, Pt. B,
§26, is amended to read:
D. Boards Each board of visitors shall meet regularly and tour the correctional facility
to which it is assigned at least 4 times a year. At each meeting, a board of visitors may
request and must receive information from the chief administrative officer as that the
board determines will assist in the review of the management of the facility. To the
extent that a board of visitors is not discussing matters made confidential by federal or
state law, meetings of boards are a meeting of the board is a public proceedings
proceeding and must be conducted in accordance with Title 1, section 403. Boards of
visitors may meet jointly.
Sec. 5. 34-A MRSA §3001-A, sub-§5 is enacted to read:
5. Orientation and training. A board of visitors must receive annual training,
including:
A. Facilities orientation, including a tour of the correctional facility to which the board
of visitors is assigned, explanation of the facility command structure and receipt of
standards of the American Correctional Association or successor organization, facility
client handbooks, volunteer policies and board of visitors policies;
B. Review of the federal Americans with Disabilities Act of 1990 and guidance
concerning domestic violence, substance use disorder including opioids, behavioral
health and adverse childhood trauma;
C. A list and explanation of available community resources;
D. The legal requirements of this section; and
E. Training on any other subject as determined by the commissioner or chair of the
board of visitors.
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Statutes affected:
Bill Text LD 1626, SP 643: 30-A.1651, 34-A.3001
Bill Text ACTPUB , Chapter 383: 30-A.1651, 34-A.3001