Governor LePage's announcement on March 19 that the Department of Corrections would comply with the Kennebec County Superior Court's order to reopen the Downeast Correctional Facility was a surprise to some but not a surprise that the reopening will be done "in a minimal capacity," with reportedly only five staff. When the prison was closed on February 9, 46 Department of Corrections employees had received lay-off notices.
     Justice Michaela Murphy's ruling noted that "given the statutory language requiring the establishment of DCF in Washington County, the legislature's decision not to continue to delegate the authority to close facilities to the DOC, and the legislature's language in the biennial budget, the court finds that the legislature's intent was to retain the authority to decide which facilities should remain operational and which facilities should close. While it is within the commissioner's discretion to determine how to operate the DCF program, only the legislature has the authority to decide not to fund DCF and rescind the requirements set out" in Maine statute.
     Attorney General Janet Mills stated of the ruling, "We have argued that the action of the administration in closing the facility violated the separation of powers provision of our state constitution, and the court agreed. The ruling is important not only for the Downeast Correctional Facility but for the system of checks and balances that is so critical to our democracy."
Of the governor's decision to comply with the superior court's decision, Rep. Will Tuell of East Machias comments, "It came as quite a surprise. I figured he would appeal and it would take many more weeks."
     Washington County Commission Chair Chris Gardner says, "It's not surprising that he chose the term 'minimal,' given that the governor has shown that he has taken such a personal interest in Downeast Correctional." Gardner does not expect this to be the end of it, despite the looming June 30 deadline to provide an additional year of funding for the prison. If the legislature does not fund the prison beyond June 30 it will be closed.
     Agreeing with Gardner that the intent of the judge's decision was not to reopen at the minimal level is Senator Joyce Maker of Calais. "My reading of the decision [is that it] stated that all things had to go back as it was February 8, including hire all personnel back and bringing all the prisoners back. It went on to say that once that happened the [DOC] commissioner had the say on what happens there, and I agree with that statement. I believe that the attorney general and the union will be going back to further discuss with the judge what the intent is, and I guess we will know when they hear back from the judge. The chief executive or myself or any person has to follow the law. They can't state 'we will minimally abide by it,' they have to abide by it."
     The March 19 release from the governor's office states, "After a court order recognized the Maine Department of Corrections has the authority to operate Downeast Correctional Facility as it deems appropriate, the department is adjusting operations at the facility." It adds, "Since funding for Downeast Correctional Facility runs out in June, the Maine Department of Corrections will operate the facility with minimal staffing and a minimal number of inmates and continue preparations to close the facility when the appropriation expires."
     Rep. Tuell is sponsoring a bill to continue funding for the prison for one more year, through the fiscal year 2018‑2019. Senator Maker says the bill "was taken up today [March 20] and I removed the 'emergency' on it, and we have sent it back to the House, which hopefully will recede and concur and send it back to us in the Senate. It then will be put on the [appropriations] table, and we will deal with it and the others on the table when the supplemental bill is developed." Tuell explains that removing the emergency preamble allows the bill to proceed through the normal legislative process without needing two-thirds approval in both chambers.
     "We need to convince seven more legislators, that's all we need to veto‑proof the governor," Gardner says of Tuell's bill. He references the vote in the House, where the latest vote of 89-55 in favor was seven votes short of the two-thirds majority needed to override the governor's expected veto of the bill. Gardner adds, "But the governor doesn't care what the legislature wants to do."
     Tuell expects his bill will receive a vote by March 23 and will then be sent to the Appropriations Committee. "It'll probably be one of the last things decided on" during budget discussions. "We'll have a big discussion on it. I hope we can get the votes for it."

DCF not as expensive to operate as governor claims
     Those supporting the reopening of the prison point out that Downeast Correctional is not as expensive to run as the governor maintains. Gardner points to the superior court's ruling and the documents provided to it by the governor's office, financial spreadsheets that show operating costs of prisons around the state. "His 2017 numbers show that Downeast Correctional is not the most expensive prison. It's in the middle. Yet he [the governor] keeps saying it's the most expensive, when it's not true." The DCF’s annual cost per prisoner was $41,582 in 2017, which is less than the Maine State Prison’s cost of $46,162 and the Maine Correctional Center’s cost of $54,201. Only the Bolduc Correctional Facility was less costly, at $32,506. Gardner adds, "Yes, before 2013 it [DCF]  was expensive, but since then they've brought their numbers in line." The point matters, he stresses, because the public and the legislative body need to understand that the prison works well and in a cost-effective manner.
     The legislature is supposed to be done with its budget by April 14; however, Tuell says it's unlikely that the date will be met. "I don't think we'll be done by then, but probably the end of April or beginning of May."
     Senator Maker's bill for a pre‑release facility in Washington County has not come to the floor of the House for a vote yet. Maker says, "This passed 11‑1‑1 [in committee]. It is still in Criminal Justice Committee and has not come to the floor."