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An Act To Relieve Overcrowding in County Jails
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the housing of persons incarcerated in the State's custodial facilities is an important state responsibility; and
Whereas,  a significant portion of the budgets of the counties is dedicated to the operation of the county and regional jails; and
Whereas,  there is currently a crisis among the counties in the State in the ability to adequately fund the county and regional jails, creating overcrowding and other unsafe conditions; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1205-C, sub-§7  is enacted to read:
 
7.      If the court orders the probationer held without bail pending hearing under subsection 4, the probationer must be transferred to the custody of the Department of Corrections and within 7 days transported to a department facility under Title 34-A, chapter 3.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill requires that a probationer held without bail pending hearing after an initial appearance for a probation violation must be transferred to the custody of the Department of Corrections and within 7 days transported to a department facility.