Compliance Monitoring in Maine
The designation of not less than one individual who shall coordinate an effective monitoring system that achieves and sustains compliance with the Office of Juvenile Justice & Delinquency Prevention core requirements. This individual shall certify whether the State is in compliance with the core requirements and providing training and technical assistance on the core requirements to secure facilities, municipal police departments, county courts and jails.
Title 34-A §1208
The commissioner shall establish standards, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, for county and municipal jails, holding facilities and short-term detention areas, referred to in this section as county and municipal detention facilities, as follows and shall enforce them. [PL 1983, c. 581, §§10, 59 (NEW).]
1. Establishment. The commissioner shall establish both mandatory and desirable standards for all county and municipal detention facilities, setting forth requirements for maintaining safe, healthful and secure facilities [PL 1983, c. 581, §§10, 59 (NEW).]
2. Inspections. Inspections of county and municipal detention facilities are governed as follows.
A. The commissioner shall conduct a comprehensive inspection of each county and municipal detention facility every 2 years, in order to provide the department with information, verified by on-site inspection, regarding compliance with all department standards. The commissioner may dispense with this inspection if, when it is due, the facility is accredited by a nationally recognized correctional accrediting body. [PL 2013, c. 27, §1 (AMD).]
B. The commissioner shall conduct every 2 years no fewer than 3 inspections of each county and municipal detention facility that are in addition to any comprehensive inspections conducted pursuant to paragraph A in order to determine continued compliance with standards. [PL 2013, c. 27, §2 (AMD).]
C. The commissioner may inspect a county or municipal detention facility at any time, without prior notice, to determine compliance with standards. [PL 1983, c. 581, §§10, 59 (NEW).]
Federal Definitions
- Secure Detention: Public or private residential facility which includes construction fixtures designed to physically restrict the movement of the juvenile or other individuals held in lawful custody and is used for the temporary placement of any juvenile or any other individuals who are accused of having committed an offense.
- Secure Correctional: Public or private residential facility that includes construction fixtures designed to physically restrict the movement of the juvenile or any other individuals held in lawful custody and is used for the placement after adjudication and disposition of a juvenile, or any other individual convicted of a criminal offense.
- Jail or Lockup for Adults: A secure facility that is used by a State, unit of local government, or any law enforcement authority to detain or confine adult inmates.
Monitoring Universe
- Municipal Police Departments (30)
- District Courts (28)
- County Jails (4)
- Jails w/ Rural Exemptions (2)
Juvenile Detention Report
This report is filled out monthly by municipal police departments and county jails that can hold juveniles. This report is then compared to arrest reports held at the municipal police department or jails when a compliance visit is done. Any discrepancies are reported back to the municipal police department or county jails. Training for staff is then scheduled.
