With the cost of operating the Washington County Jail being a significant portion of the county budget, legislative efforts to increase the state's share of funding for county jails are being closely watched. And with the county's budget for this year increasing 22% in the amount raised by county taxes, the legislature's actions are a major concern for local taxpayers. The legislature is currently looking at several bills to increase state funding for jails, including one that would raise the amount from approximately 20% of the cost to 35%. Also being considered are two bills that would fund an increase in rural patrol services in the county by the Maine State Police, which could help limit county budget expenses for the sheriff's office that has had to increase its coverage.
      David Burns, the chair of the Washington County commissioners, supports the jail funding bills, which would "get the state to provide their fair share of the costs to operate the county jails." He notes that the county budget is supported through local property taxes, which are "a regressive tax on our citizens, and we in Washington County want to ease that burden as much as possible on folks, while providing the best services possible under county government. With the almost 22% increase in this year's budget, that burden is a harsh one on many of our citizens. Appropriate relief from the state on this issue and some other areas would be much relief on property owners."
      Rich Rolfe, administrator of the Washington County Jail, says, "We definitely need more money for county corrections. We've been flat funded for a long time." But he doubts that the legislature will approve having the state increase its share of jail costs to as much as 35%.
      At $2.63 million, the budget for the jail comprises 26.6% of the county budget for 2025, and Rolfe notes that the jail budget is closely scrutinized each year by the county budget committee and county commissioners. The largest increase this year is for wages, with a contract with the National Correctional Employees Union having been ratified.
      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. "We have a robust MAT program," Rolfe states, noting that the Washington County Jail has had, per capita, the most MAT participants of any of the jails in the state. Currently 35% of the 40 inmates receive some form of MAT services, and the jail is trying to reduce the cost to county taxpayers. Rolfe says that two years ago the jail received an $80,000 grant from the state Department of Health and Human Services (DHHS) to cover its costs for MAT services. And he notes that the jail has been able to reduce its expenses for suboxone, which is used to treat dependence on opioid drugs, from nearly $300 a week per person when it was purchased from local pharmacies to a significantly lower price by using an online pharmacy.
      The jail provides mental health services by contracting through Sunrise Opportunities for mental health counseling, while also offering some in-house counseling. Healthy Acadia provides recovery coaching, and an intensive case manager with DHHS helps connect those leaving the jail with services.
      Rolfe notes 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." Along with that significant cost, many inmates have dental issues, with surgery required. The jail ends up having to pay for that service, at full price. And 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 notes.
      While the jail had been housing between 1,000 to 1,200 people over the course of a year, that number dropped significantly during the pandemic but has since been edging back up. The jail's capacity is for 42 inmates. 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. Currently one person has been in the jail for 669 days, or close to two years. According to Rolfe, the length of time that an inmate stays in jail before being sentenced is mostly related to the type of crime committed, with murder, arson or terrorizing charges taking a longer time before a trial is held. But the state's current backlog on court cases has also played a role.
      Rolfe notes 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 says, 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."
Support offered for legislation
      To help cover all of the costs, the legislature's Criminal Justice and Public Safety Committee is considering several bills to increase funding for county jails. LD 719, the Maine County Commissioners Association's initiative, seeks to limit the impact of the cost to operate county jails passed on to property taxpayers by requiring the state to annually provide 35% of the cost. Another bill, LD 852, would require increased amounts of state funding for county jails in 2025 and 2026, and after that state funding would need to cover 90% of the costs incurred by jails to comply with the state's mandatory standards. LD 852 is the legislative platform bill of the Maine Municipal Association (MMA).
      According to the MMA, in 2021 the legislature placed $20 million in statute as the minimum amount for the funding to county jails, covering the cost of mandated MAT and mental and behavioral health services along with other programming requirements. Since then, the state's coverage of county jail costs has shrunk from about 20% to 15%, with most of the cost passed on to property taxpayers in each county. Meanwhile, the cost of housing "individuals awaiting trial in a backlogged state-controlled judicial system has exploded," the MMA points out in its Legislative Bulletin.
      During the March 3 hearing on LD 719, 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 representing the county commissioners association, Steve Gorden, chair of the Cumberland County commissioners, observed that over 90% of the inmates in county jails are awaiting trials, some for over 100 days. "With the backlog of cases in the court system and a lack of defense counsel for indigent Mainers, the burden has only become more acute -- all outside the control of county jails."
      Speaking on behalf of the Maine Sheriffs Association, Sheriff Troy Morton of Penobscot County echoed that point, stating, "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.
      However, Department of Corrections Commissioner Randall Liberty stated that the Mills administration cannot support the increase in state funding because of a lack of available fiscal resources and a lack of data to support the increase. The state is trying to deal with a projected $450 million state budget shortfall over the next two years, with many other requests for budget increases.
      The committee will be holding more hearings and work sessions on the bills in the coming weeks.