Area legislators support bill to boost state’s share for county jails

A legislative bill to increase state funding for county jails received strong support from Washington County legislators during a hearing on March 18 before the Criminal Justice and Public Safety Committee. The committee then voted 10-2 at a work session on March 30 to recommend an amended version of LD 2232. The House voted 129-17 to approve the emergency measure on March 31, and the Senate adopted it on April 2.

However, the funding was not included in the state's supplemental budget, according to Senator Marianne Moore of Calais. She notes that the budget also does not include funding for four state troopers for rural patrol in Washington County, a measure that was passed last year but was not funded then and was carried over. As of April 7, she still believed that the county jails bill could be funded, but she was doubtful about the fate of the rural patrol bill. "It's definitely a priority of us," she says of the county legislative delegation's support for the bills. With the measures passing both chambers but then not being funded, she says, "It's frustrating. It really is."

County legislators have been advocating for the county jails funding bill since the cost of operating the Washington County Jail is a significant portion of the county budget, which increased the amount raised by county taxes by 17% for this year's budget and by 22% the previous year. In addition, most towns prepaid on the county's tax-anticipation note (TAN) due in February, so a number of municipalities paid twice as much as they paid the county last year, in order to help the county government out of its fiscal hole.

In her testimony during the March 18 hearing, Rep. Tiffany Strout of Harrington commented, "With the lack of mental health facilities, the drug epidemic and seasonal work, Washington County has been struggling to keep up with all of the funding needed to keep the county operational. Mismanagement of county taxpayer funds for several years put Washington County in a position where they were almost not able to pay their TAN back to the bank. This required an immediate tax increase on those who pay property tax to make sure our jails, courthouses, dispatch and sheriff's office all stayed functioning and able to protect the citizens."

State Senator Marianne Moore of Calais noted in her testimony that the cost of operating the jail is about 30% of the county's overall budget. State funding for county jails has remained largely stagnant for years, she noted, while the cost of operating the jails has continued to increase significantly. "As a result, counties have been forced to make up the difference -- placing an increasing burden on local property taxpayers."

The amended version of the bill would increase annual state funding for county jails from $20.3 million to $30 million beginning in July 2026 and then require annual increases based on the Consumer Price Index. The bill also amends the law to reduce the amount county jails must spend on community corrections and pretrial release programs from 25% of the funds appropriated by the state to 20%, so that less of the funding will be restricted. In her testimony, Senator Moore noted that community corrections programs, including pretrial supervision, alternative sentencing and electronic monitoring, are cost-effective and help "reduce jail populations, improve rehabilitation outcomes and ensure that limited correctional resources are used where they are most needed."

Concerning jail costs, Senator Moore pointed out that the Washington County Jail has a rated capacity of 42 long-term beds but the average daily number of inmates has been 59 since last July. Depending on the charges they face, some inmates can remain in jail for perhaps two or nearly three years before their case goes to trial and they are sentenced. The state's backlog on court cases and the limited number of superior court judge days in Washington County play a role in how long inmates stay in jail. Moore also noted that the cost of housing inmates continues to rise, along with the cost of healthcare services, including substance use disorder treatments.

Rep. Strout echoed that point, noting that medical costs are a driving contributor to jail expenses. "There needs to be more funding for mental health and treatment centers, more judges to process individuals so they do not spend any more time in jail than mandated by their crime and sentences," she stated in her testimony.

Rich Rolfe, administrator of the Washington County Jail, has pointed out that, along with housing and feeding inmates, the jail is required by the state to provide medication‑assisted treatment (MAT) and mental and behavioral health services. The Washington County Jail has had, per capita, the most MAT participants of any of the jails in the state. He stated last year that 35% of the inmates at that time received some form of MAT services, and the jail is trying to reduce the cost to county taxpayers. In addition, the jail provides mental health services by contracting through Sunrise Opportunities for mental health counseling, while also offering some in‑house counseling.

Rolfe noted that a number of inmates use MaineCare, but under MaineCare rules they lose their coverage when they are in jail, so the "county taxpayers pay for it." A high percentage of inmates end up having to go to local hospital emergency rooms, then return back to jail. "We're referred to as the emergency room of the judicial system," he noted.

Fate of previous bills

Two bills to increase state funding for county jails were considered last year. One, which would have increased the amount provided by the state in 2025 and 2026, was amended to add only $4 million both in 2025-26 and 2026-27, and the second funding amount ended up being removed during the state budget process. The other bill, which would have required the state to annually provide 35% of the cost for county jails, was amended to have the County Corrections Professional Standards Council conduct a study of state funding of county jails. Its report, issued earlier this year, pointed to the increasing costs for county jails in the state, with total medical care costs having increased 36% since 2023 and personnel costs have gone up 25% over the last two years. State funding for jails, though, has stagnated at $20 million annually and currently equals only 16% of the cost for the county jails.

In her testimony, Senator Moore stated, "County jails serve a critical function within Maine's unified correctional system. When the state does not meet its share of that responsibility, the impact is felt directly by local taxpayers and, ultimately, by the safety and well-being of our communities."

That point was also made by the Maine County Commissioners Association in its testimony in support of LD 2232, which noted that county jails "primarily undertake actions that support the State of Maine but are funded mostly through the local property tax, which is not fair."

Jail Administrator Rolfe previously noted that there are 234 standards issued by the state that the jail must follow, covering everything from potable water to the temperature in the cells. "All of this comes at an expense. Jails are expensive," he said, adding of the inmates housed in the jail, "People don't want them on the street, but they don't want to pay for it."

During a hearing in March 2025 on LD 719, which would have increased the state's share to 35% of the county jail costs, Tim Curtis, the Somerset County administrator, spoke for the county commissioners association in pointing out that local property taxpayers carry 80% of the funding responsibility for county jails but have no control over the costs of incarceration. "The state, however, determines the vast majority of jail costs, from the creation of law to the court indictment, trial, conviction and sentencing processes. Furthermore, the state determines the standards by which jails must operate." He said the arrangement is "not an equal partnership" between the state and the counties.

Curtis also stated, "County jails are the trauma center, seeing individuals in crisis, administering treatment for mental health and substance use issues, without the ability to discharge or refuse care." He noted that approximately 75% of the people housed in county jails are classified as having a substance use disorder and 60% are classified as having a mental health disorder.

Also testifying in support of LD 719 in March 2025 and speaking on behalf of the Maine Sheriffs Association, Sheriff Troy Morton of Penobscot County stated, "The elephant in the room is the undeniable fact that the state's court system is grossly overwhelmed, and while we understand this factor the financial impact of these numbers will be borne by the taxpayers that put you and me into office. If a person is taken into custody and is suffering from mental sickness or substance use disorder, Maine jails will provide the resources to stabilize these individuals." He urged the state, which is mandating the services being provided by jails, to shoulder more of the cost.