Can a Maine sheriff use Community Corrections Program account funds to pay the local match on a federal grant funding juvenile prosecutor positions?

Plain-English summary

Cumberland County Sheriff Mark Dion asked the AG whether his county could use its Community Corrections Program account funds to provide the required local match on a federal grant that funded juvenile prosecutor positions. The request came through Sheriff Dion at the urging of Cumberland County District Attorney Stephanie Anderson, whose office wanted the funding for juvenile prosecutors performing community-oriented work.

AG Steven Rowe gave a fact-dependent answer. The statutory framework is in 34-A M.R.S.A. § 1210-A, which established the County Jail Prisoner Support and Community Corrections Fund. The Maine Department of Corrections distributes the fund to counties under a statutory formula. The bulk reimburses counties for the cost of holding prisoners in county jails. But each county treasurer must place 20% of the funds into a separate Community Corrections Program Account, which the statute says "may be used only for adult or juvenile community corrections."

"Community corrections" is defined at § 1210-A(1)(A) as "the delivery of correctional services for juveniles or adults … by the county or for the county under contract with the public or private entity." The statute then lists examples: "preventive or diversionary correctional programs, pre-trial release or conditional release programs, alternative sentencing or housing programs, electronic monitoring, residential treatment and halfway house programs, community correctional centers, and temporary release programs from a facility for the detention or confinement of persons convicted of crimes or adjudicated delinquents."

The AG's reading: community corrections means services and programs for the prevention, treatment, and supervision of offenders. A District Attorney's juvenile-justice work is essentially prosecutorial, not typically a community-corrections function. But DA Anderson noted that her juvenile prosecutors had engaged in a number of community corrections initiatives and programs. So the answer turns on the facts of what those particular positions do, and whether the level of services is commensurate with the level of funding sought.

The decision is the county's. The Department of Corrections offers technical advice but does not audit. Each county reports annually to the Legislature on its community corrections programs and expenditures. If the Legislature later decides a county's use is outside the program's purpose, the reporting mechanism gives the Legislature a chance to clarify the statute.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What is the 20% set-aside for?
A: § 1210-A directs each county treasurer to put 20% of the distributed funds into a separate Community Corrections Program Account, restricted to community corrections uses.

Q: Why is a juvenile prosecutor position questionable?
A: Because the statute focuses on services for prevention, treatment, and supervision. Prosecution is a separate function. The fit depends on the actual duties of the position, not its title.

Q: Could a county fund a diversion program that is run by a DA's office?
A: A pre-trial diversion program is on the express § 1210-A(1)(A) list. If the position primarily runs that program, it likely fits the statute. The closer the position is to community-corrections substance, the easier the case.

Q: What happens if the county uses funds the Legislature later disagrees with?
A: The opinion says the reporting mechanism (each county's annual report to the Legislature) gives the Legislature an opportunity to further clarify eligible services under § 1210-A(1) going forward.

Background and statutory framework

The Maine community corrections framework sits at 34-A M.R.S.A. § 1210-A. The statute distributes funds, mandates the 20% set-aside, defines "community corrections," and requires annual county reporting. The Department of Corrections provides technical support but does not audit. The funds are entirely state funds; no federal funds are involved at the distribution stage.

The opinion lays out the legal standard (whether the position delivers § 1210-A(1)(A) "community corrections" services, and whether the level of services is commensurate with the funding sought) and then leaves the decision to the county, which chooses which eligible community corrections programs to fund.

Citations

• 34-A M.R.S.A. § 1210-A (County Jail Prisoner Support and Community Corrections Fund)
• 34-A M.R.S.A. § 1210-A(1)(A) (community corrections defined)
• 34-A M.R.S.A. § 1210-A(3) (distribution formula)
• 34-A M.R.S.A. § 1210-A(6) (annual county reporting)

Source

• Landing page: https://www.maine.gov/legis/lawlib/lldl/agops/agops.htm
• Original PDF: https://lldc.mainelegislature.org/Open/AG/Opinions/2003/ag_20030731.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

03-5

STATE OF MAINE
OFFICE OF THE ATTORNEY GENERAL
6 STATE HOUSE STATION
AUGUSTA, MAINE 04333-0006

G. STEVEN ROWE
ATTORNEY GENERAL

July 31, 2003

Sheriff Mark N. Dion
Cumberland County Sheriff's Office
36 County Way
Portland, ME 04102-2755

RE: Community Corrections Program Account

Dear Sheriff Dion:

This letter addresses the question directed to our office by Genie Beaulieu on your behalf as to whether Community Corrections Program Account funds may be used to pay the local match of a federal grant to fund juvenile prosecutor positions. Attached to Ms. Beaulieu's letter is a copy of District Attorney Stephanie Anderson's request that you release a specific amount of funds for this purpose. District Attorney Anderson also included with her request a description of the services performed by the current juvenile prosecutors that she believes qualify for this funding.

The answer to your inquiry depends upon whether the funds will be used to deliver "community corrections" services as defined by 34-A M.R.S.A. § 1210-A(1)(A), a determination that is largely fact-based. Setting aside the policy and practical considerations involved, I offer the following guidance concerning the legal standards applicable to that issue.

Title 34-A M.R.S.A. § 1210-A establishes the County Jail Prisoner Support and Community Corrections Fund. Monies for this fund are distributed by the Maine Department of Corrections to the counties pursuant to a formula set forth by statute. See 34-A M.R.S.A. § 1210-A(3). The funds are made available to counties, in part, as reimbursement for their cost of supporting prisoners detained or sentenced to county jails. See 34-A M.R.S.A. § 1210-A(4). Each county treasurer, however, is directed by statute to place 20% of the funds into a separate Community Corrections Program Account that "may be used only for adult or juvenile community corrections" as that term is defined in 34-A M.R.S.A. § 1210-A(1).

"Community Corrections" as defined by § 1210-A(1) is "the delivery of correctional services for juveniles or adults … by the county or for the county under contract with the public or private entity." (emphasis added) The statute further sets forth the types of correctional services that fall under the umbrella of "Community Corrections" as follows:

"Community Corrections" includes, but is not limited to, preventive or diversionary correctional programs, pre-trial release or conditional release programs, alternative sentencing or housing programs, electronic monitoring, residential treatment and halfway house programs, community correctional centers, and temporary release programs from a facility for the detention or confinement of persons convicted of crimes or adjudicated delinquents.

"Community corrections," as can be gleaned from the non-exclusive list of services expressly included within the definition under § 1210-A(1)(A), are services and programs for the prevention, treatment, and supervision of offenders. The unique role and function of the District Attorney's Office in the juvenile justice system is essentially prosecutorial in nature, and typically involves services that would not appear to meet the definition of "community corrections" services. However, in support of her request for funds, District Attorney Anderson points out that the juvenile prosecutors in her office have engaged in a number of community corrections initiatives and programs.

The community services funds distributed by the Department are entirely state funds, i.e., no federal funds are involved. The Department is directed to provide technical support to counties and county advisory groups to assist in the development of community corrections. § 1210-A(7). It is my understanding that while the Department offers advice to the counties concerning the eligibility of specific programs for these funds, there is no audit function undertaken by the Department. Rather, each county reports on an annual basis directly to the Legislature concerning their use of these funds, and are required to provide a description of their programs as well as "an accounting of expenditures for its community corrections." § 1210-A(6).

The key factual determinations that must be made are whether the position for which the funds are sought provides community corrections program services and, if so, whether the level of those services is commensurate with the level of funding sought. If a county decides to provide partial funding for a juvenile prosecutor position on this basis, I do not see a legal bar to its doing so. By the same token, a county may choose not to provide partial funding for such a position. Decisions about which eligible community corrections programs to fund are left to the county. In the event that a particular use of funds is viewed by the Legislature as outside the purpose for which the program funds were intended, the reporting mechanism provides an opportunity for the Legislature to further clarify eligible services under 34-A M.R.S.A. § 1210-A(1).

Please let me know if I can be of any further assistance.

Sincerely,

G. Steven Rowe
Attorney General