State of Maine Board of Corrections

1. State of Maine Board of Corrections Judicial Conference Presentation October 20, 2009 Bangor, Maine

2. Factors contributing to the Birth of Maine’s Unified Corrections System: • OVERCROWDING: (2007) • In DOC facilities reaches crisis levels • Several county jails also in crisis while some counties have a surplus of beds • Population trends clearly indicate the numbers will increase • New construction considered by both to meet bed space needs • COSTS: (2007) • On the rise for both State and County systems • 3 year average - 5.7% increase in State spending, 9% for county jails • Implications for property tax - $67 million in 2006 to a projected $148 million by 2015

3. Factors contributing to the Birth of Maine’s Unified Corrections System: continued • STATE POLITICS:(2008) • Governor John Baldacci announces Jail Consolidation effort. • DOC Commissioner Martin Magnusson recommends plan for State take over of county corrections. Legislation introduced. • COUNTY POLITICS: (2008) • Counties oppose the State plan and introduce a separate legislative proposal. • THE COMPROMISE: (2008) • State and County delegates come together to develop a joint plan.

4. Public Law 2008 Chapter 653 • An Act To Better Coordinate and Reduce the Cost of the Delivery of State and County Correctional Services. • Caps property tax spending on county jails at 2008 levels ($62.5 million); additional costs are the responsibility of the General Fund • Creates 9 member Board of Corrections to oversee the new system. • Establishes Investment Fund to manage future correctional spending. • Requires the development of rules for downsizing, closure, and change of use of facilities as well as a certificate of need process for future construction.

5. Presentation Outline • Composition/Organization of Board of Corrections • Duties and Responsibilities • Mission, Goals, Guiding Principles • One Maine One System • Accomplishments • Challenges

6. Composition and Organization

7. Composition of the Board: • The board consists of 9 members who are appointed by the Governor and 7 of whom are confirmed by the Senate • One member must be a sheriff • One member must be a county commissioner • Two members must be representatives of the executive branch and at least one of the 2 must be from the department • One member must be a municipal official • The remaining 4 members must be broadly representative of the public and the geographical regions of the State.

8. Board of Corrections Members Neale Duffett, Chairman Public Member, Attorney Portland, ME Tom Brown Public Member, Attorney Bangor, ME Irving Faunce Municipal Official –Selectman Wilton, ME Martha Freeman Director, State Planning Office Augusta, ME Executive Branch George Jabar, Attorney Sitting Cty Commissioner Waterville, ME Kennebec County Tim King Public Member Ellsworth, ME Exec. Director, WHCAA Scott Story Sitting Sheriff Waldo Cty Belfast, ME Martin Magnusson Commissioner, Dept of Corrections Augusta, ME Executive Branch Vacant Public Member Mental Health Field

9. Corrections Working Group • State and county members • advise and assist the board in the ongoing improvement of the unified correctional system. • consult with experts and stakeholders, including but not limited to prosecutors, defense attorneys, judges, victim advocates, providers and advocates for persons with mental illness and other interested parties. • reports to the board.

10. Focus Groups • Budget • Inventory of Needs • Pretrial Services • Victim Services • Transportation • Mental Health and Substance Abuse • Medical/Pharmacy • Education • Technology

11. Department of Corrections support • Administrative staffing for the board and expertise as requested by the board • Serve as the fiscal agent for the board • Manage facility capacity and inmate placement.   • the daily management of inmate bed space throughout the unified correctional system and • the transfer of inmates between facilities. • A process for information sharing between the correctional facilities and the county jails to include a daily reporting to the department by county jails • The placement, housing and program development for inmates with mental illness within correctional facilities and county jails in accordance with standards adopted by the board.

12. Board of CorrectionsResponsibilities and Duties

13. Develop and implement a unified correctional system • demonstrates sound fiscal management, • achieves efficiencies, • reduces recidivism and • ensures the safety and security of correctional staff, inmates, visitors, volunteers and surrounding communities.

14. Develop State Goals The board shall develop goals to guide the development of and evaluate the effectiveness of a unified correctional system. The goals must include benchmarks for performance in the following areas: A.  Recidivism reduction; B.  Pretrial diversion; and C.  Rate of incarceration.

15. Manage the cost of corrections • Set and enforce yearly growth limits • Develop reinvestment strategies to improve services and reduce recidivism • Establish boarding rates

16. Determine correctional facilities use and purpose • Determine individual facility use and purpose including location of specialty units • Review staffing levels • The Board may downsize or close facilities or reassign services

17. Adopt treatment standards and policies • Adopt standards for consistent systemwide pretrial, revocation and reentry policies • Adopt standards for the treatment of inmates with mental illness • Adopt policies for facilitating the performance of court ordered mental health evaluations • Coordinate transportation of inmates

18. Certificate of Need • review and may approve any future public or private construction projects • establish a certificate of need process for this review • adopt rules governing the procedures relating to the certificate of need process and financing alternatives

19. Administrative Duties • Identify opportunities for and approve cost-saving agreements and efficiencies • Consult with the Sentencing and Corrections Practices Coordinating Council • Assist with accreditation of facilities • Administer the County Jail and Prisoner Support Fund • Prepare and submit to the Governor a budget for the Corrections Investment Fund • Review and approve County Corrections operational budgets.

20. Other Responsibilities • Receive and review recommendations from the Commissioner, the counties and the Corrections Work Group and others • The Board does not have authority over inmate grievances, labor negotiations, or contracts • Rulemaking authority • Appeals of board decisions limited to the department or a county

21. Legislative Review • The Criminal Justice and Public Safety Committee shall review the effectiveness of the board in fulfilling its purposes • Initially on April 1, 2009 and thereafter, • Annually by January 15th

22. Funding and Finance

23. Investment Fund • The State Board of Corrections Investment Fund is established • amounts in the fund may be expended only to compensate county governments and the department for costs approved by the board and the Legislature • Property tax contribution capped at 2008 level

24. Sources of Fund • Any net county assessment revenue in excess of county jail appropriations in counties where jails or correctional services have been closed or downsized; • Any net county assessment revenue in excess of county jail expenditures in counties where changes in jail operations pursuant to board directives have reduced jail expenses; • Funds appropriated by the Legislature • Money from any other source, whether public or private, designated into or credited to the fund; and • Interest earned or other investment income on Special Revenue balances in the fund.

25. Investment Fund General Fund Jail Surcharge Community Corrections Act Property Taxes Of which, re-invested Total $3,500,000 $1,000,000 $5,700,000 $62,500,000 $ 1,700,000 $72,700,000 Jail FundingFY2010

26. One Maine One System Mission, Goals and Guiding Principles

27. MISSION   The mission of the Board of Corrections is to design, guide and invest strategically in the development of a unified state and county corrections system and to sustain and manage the system in order to accomplish the following goals:

28. Goals • Reduces recidivism;   • Increases pretrial diversion and post conviction release;  • Reduces the rate and use of incarceration;   • Achieves efficiencies; and  • Reduces the rate of growth in the cost of corrections

29. Guiding Principles • Reduces risk through the use of Evidence Based Practices and encourages sentencing in accordance with risk; • Creates an integrated, regional system built on the strengths of the existing state and county facilities and services and is based on differentiated missions; • Is a stewardship approach that manages and maintains the existing assets and resources for the maximum benefit and invests strategically to accomplish system goals;

30. Guiding Principles, cont • Allows innovation, but is collaboratively based and recognizes that decisions about change and its management are shared; • Creates incentives for us all to work together and promotes cohesion; • Is consistent with the compromise enacted in Public Law 653; • Incorporates the recommendations of the Corrections Alternatives Advisory Committee and the two plans developed by the state and the counties;

31. Guiding Principles, cont • Meets the system’s needs for risk management and security housing; and • Works in concert with other policy makers including the Legislature, the Judiciary and the Sentencing Council. • Involves and includes local stakeholders including prosecutors, local law enforcement, and others

32. Objectives • Mission Change: Develop a plan for every correctional facility & county jail use and purpose within the adopted unified correctional system design; • Program Improvements: Adopt consistent statewide standards and policies, • Achieve Efficiencies: Develop a method to manage the cost of corrections and to achieve systemic cost savings and invest these savings strategically

33. Correctional Service Delivery System How do we incorporate the existing state and county facilities and programs into a systems approach?

34. Service Catchment Categories

35. Community and court based services Services that are community based: arrests, bail, court appearances, probation Services that allow an offender to retain community, employment, treatment and family connections; primarily lower risk offenders Examples: Short term holding facilities; diversion programs; alternatives to incarceration; short sentences, revocation centers, day reporting

36. Probation Services Services that are accessible to courts and community services Allow for consistent risk based supervision and case management Leadership in risk assessment, case management Support reentry and alternatives to incarceration

37. Reentry Services Services that support successful return to community, employment, family, treatment High risk offenders Access to supportive community services and resources Structured supervision

38. Long Sentenced Offenders Specialized Interventions Services that provide appropriate security levels (medium security and higher) and programs for offenders with sentences of 9 months or longer Specialized treatment and transition programs for high risk offenders, sex offenders and substance abuse treatment Specialized interventions for female offenders, cultural approaches

39. Acute/High Risk Services that provide appropriate security level for high risk offenders (sentenced and pretrial) Services that provide appropriate treatment or intervention for acute needs (infirmary, inpatient mental health)

40. Recommended New System Four Correctional Services Regions (based on aggregates of Judicial Districts) • 12 TO 72 Hour holding facilities as necessary based on need/cost/ benefit • Pretrial Facilities (Pretrial & Sentences of 90 days or less) • Full service jails (adult male/female, all classification, pretrial, & sentences up to 9 months) • Pretrial and Alternative Sentencing Programs • Community Corrections/Probation Services • Reentry Centers/work release • Victim Services

42. Implementation Priorities and Timeline How does the Board develop its plan for implementing the system design? We cannot do it all, at once, everywhere

43. Phase 1Cost Reduction and Slowing the Growth in CostsJuly 1, 2009 – June 30, 2010 • County Jail Mission changes: pretrial • Statutory changes • Create director for pretrial/diversion/reentry • Investment of pretrial $; access federal assistance • Policy development for pretrial and home release • Pretrial services based on 4 regional contracts • Pilot reentry center • Transportation HUBS • Performance measurement

44. Phase 2Achieving Greater Efficiencies and Reducing the Growth in CostsJuly 1, 2010 – June 30, 2011 • Expand reentry services statewide • Mission changes for remaining 3 reentry locations • Policy development • Investment decisions

45. Phase 3Improved Services and Systems of CareJuly 1, 2011 – June 30, 2012 Create specialty units for mental health, substance abuse Infirmary services Consistent medical services Gender responsive programs Culturally appropriate services

46. Accomplishments

47. System Design • System Design • County Corrections Budget Review and Approval for FY10 • Mission Change Rule Adopted • Mission changes in 3 counties – Oxford, Franklin and Waldo counties • Reentry Center established

48. Administrative • Process and Standards for Mission Change, Closing or Downsizing of a Correctional Facility or a County Jail • Policy Development Process • Warrant of commitment eliminated

49. Efficiencies • Transportation Hubs • Online Bed Availability System • Joint contracting for pharmacy • Joint contracting for medical

50. Legislative • Home Release Monitoring Program • Early Release of Terminally Ill or Severely Medically Incapacitated Prisoners • Expanded victim notification to Class D crimes