Prison embroiled in political tug-of-war

Six days after the sudden and unexpected news on May 19 from Governor Paul LePage and the Department of Corrections that the Downeast Correctional Facility (DCF) in Bucks Harbor would be closed on June 10, the legislature appears to be set on course to reassert its role in the budget process for the prison and in governance.
On May 24 a joint order was introduced in the Senate by Senator Joyce Maker of Calais to preserve funding for the DCF for the next two years. The order, which received broad support from both parties, passed on a 30‑3 vote. The joint order was expected be taken up by the House on Thursday, May 25. Senate Republican Office Communications Director Krysta West explains, "If the joint resolution receives as strong support in the House as it did today in the Senate we should have no problem overriding any veto" by the governor in the future.
The closure of DCF would disrupt both staff and prisoners with the short notice and the lack of available prison beds in the state. However, just as significant to Maker and other state, county and local officials is that the governor's actions step over the legislative process and raise concerns about their legality. The Washington County commissioners, Chair Chris Gardner, Vinton Cassidy and John Crowley Sr., stated in a release that the governor's actions are "a stunning act of executive overreach in defiance of the legislative process." They added, "We are profoundly disappointed and, frankly, infuriated. We hope the courts can prevent this travesty."
The joint order recognizes the current bed shortage in the state correctional system and as such directs the Appropriations and Financial Affairs Committee to "report out, to the Senate, a bill that provides funding for the operation of the Downeast Correctional Facility for fiscal years 2017‑18 and 2018‑19." Senator Maker states, "I am touched that so many senators would not only support this measure but stand to speak in favor of its passage."
Maker says, "The Downeast Correctional Facility needs to be preserved, at least until additional beds are brought online elsewhere and the previously agreed upon pre‑release center to be built in Washington County comes to fruition. Our county depends on it, our safety depends on it and our justice system depends on it."
DCF is a minimum‑security 149‑bed prison with from 49‑55 employees that readies inmates for transition back into society with vocational training, work‑release employment and community service. The Department of Corrections stated in its notification that there are currently 100 prisoners at DCF who would be moved to maximum security prisons by the June 10 closure date.

Legality of closure questioned
In a letter dated April 27, Chief Deputy Attorney General Linda Pistner said on the potential prison closure, "The governor cannot unilaterally amend statutes without violating the separation of powers provisions in article III of the Maine Constitution. ... Similarly, the current budget establishes the Downeast Correctional Facility as a discrete program by making appropriations specific to the facility. A program so established cannot be eliminated by the executive branch." She added, "And in the absence of express statutory authority, the governor cannot put appropriations to a different purpose than that specified in the budget or other law."
In a prepared statement issued on May 19, Department of Corrections Commissioner Joseph Fitzpatrick said, "Funding to operate Downeast Correctional Facility will no longer be available as of June 10; therefore, the facility will be closing at that time." However, as stated by Pistner, the current proposed budget has funds for the facility because the Criminal Justice and Public Safety Committee voted against a measure included in the proposed biennial budget to zero out funding to the facility. The committee hosted a public hearing and heard hours of testimony on the proposal to close the facility and voted unanimously against closure in its budget recommendations to the Appropriations and Financial Affairs Committee.

Concerns mount
Legislators had plenty to say about the governor's actions. Both Senate and House offices issued responses on May 20. "I can't believe that, at a time when we have money in the budget, the administration is still making reckless cuts that directly harm Washington County, which is already suffering economically," said Rep. Robert Alley of Beals. "What do we tell those workers? We had the money to keep your jobs afloat but chose instead to show you the door?"
Rep. Anne Perry of Calais said, "It's incredibly frustrating that this unnecessary hardship was created despite the bipartisan wishes of the legislature. At a time when rural Maine continues to struggle to create and sustain good paying jobs, this closure will only add to Washington County's challenges."
"It is especially disheartening that this latest economic blow is inflicted upon us by our own governor, twice elected with the overwhelming support of Washington County voters," stated the Washington County commissioners.

Scarcity of prison beds
The scarcity of prison beds in the state and the governor's subsequent action to begin commuting sentences in other prisons in order to open up bed space created concern in other communities that might not otherwise have been interested in the DCF closure, says Maker. "Once the governor began releasing prisoners into communities around the state before their time was served, this Washington County problem became a statewide problem."
Senator Maker states, "I don't know what's more disturbing, shutting down this facility against the will of the legislature or potentially letting 75 prisoners, which is more than half of the prisoners currently housed there, walk free because there's no room for them in any other facility in Maine. What's more, if we have any more trials in the state, we are going to have to let them off as well because without Downeast there are literally no more beds for prisoners in this state."
"The Department of Corrections has stated on numerous occasions that they have only a handful of open beds," said Rep. Will Tuell of East Machias on May 19. "Commissioner Fitzpatrick has told the Criminal Justice Committee that if they have fewer than 30 beds statewide, they are going to be in dire straits. As of early May, DOC had between 40‑60 open beds in its prison system statewide. Taking 100-plus beds off the table is not a solution; in fact, it only makes the situation much, much worse. The problem we have is not just a 'Washington County' problem, it is a statewide problem."
Four days after legislators raised the question of prison bed scarcity, Governor LePage announced on May 23 that as a part of his administration's "comprehensive approach to modernize and improve the Maine State Prison system," he has begun the process to "grant conditional commutation orders for individuals deemed to be lower‑risk offenders to allow them to re‑enter the workforce." The announcement included a list of conditions outlined by the Department of Corrections for prisoners receiving commutation.
In response to the May 23 announcement by the governor's office, the Senate Republican Office stated that it "has received information throughout the day regarding the commutation of prisoners at Downeast, Bolduc and Windham to free up enough beds to close the Downeast Correctional Facility." Senator Maker responded, "There are so many questions yet to be answered about the prisoners being released early by Governor LePage." She added, "The legislature has been left completely in the dark as far as what's going on, leaving us to rely on information that has slowly come in from outside sources. This is no way to conduct business, especially when the stakes are so high for so many."
Maker continued with a list of questions about the prisoners who receive commutations including: the number of prisoners being considered for commutation; qualification parameters; following‑up on restitution payment to victims; notification of attorneys and victims involved in each case; and more. Most importantly, she asks, "Without the 150 beds at Downeast, what is the plan to house future inmates? Are these commutations a one‑time quick fix, or will we be releasing prisoners prematurely on an ongoing basis due to the lower capacity? These are only a few of the questions that remain."

Law enacted in 2016 included DCF funding
The prison has been in the sights of previous governors and in early 2016 came under intense pressure as the governor, the Department of Corrections and the legislature worked on legislation and bonding for a major expansion to the Maine Correctional Center in South Windham. Senator Maker referenced the bumpy history of keeping the prison open when she reached out to her constituents through social media on the morning of May 20. "The workers at the Downeast facility have been through a lot during the past years and, yes, prior governors have also threatened to close the prison, but they found in the end the value of its presence in Washington County was too important to close it."