An Act to Reduce the Property Tax Burden by Adequately Funding County Jail Operations

Printed on recycled paper
132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 852
H.P. 538 House of Representatives, March 4, 2025
An Act to Reduce the Property Tax Burden by Adequately Funding
County Jail Operations
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DUCHARME of Madison.
Cosponsored by Senator BERNARD of Aroostook and
Representatives: CARUSO of Caratunk, CRAY of Palmyra, MCINTYRE of Lowell, QUINT
of Hodgdon, SALISBURY of Westbrook, STOVER of Boothbay, THORNE of Carmel,
Senator: RENY of Lincoln.

Page 1 - 132LR0999(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 34-A MRSA §1208-B, sub-§4, as amended by PL 2023, c. 135, §3, is
3 further amended to read:
44. Requirements; rulemaking by commissioner. The jails shall operate in
5 accordance with best practices applicable to facilities of their type and size, including the
6 mandatory standards, policies and procedures established by rules adopted by the
7 commissioner under subsection 1 and standards adopted under section 1208, and with the
8 following requirements as set forth in rules adopted by the commissioner. In adopting rules
9 and standards for the jails, the commissioner shall consider incorporate the advisory input
10 of the County Corrections Professional Standards Council established pursuant to Title 5,
11 section 12004‑G, subsection 6‑D.
12 A. Each jail shall participate in coordination of inmate transportation. Coordination
13 of transportation may be provided by the jail at which the inmate resides, by another
14 jail or correctional facility or by a person or entity working under a contract with the
15 jail at which the inmate resides.
16 B. Each jail shall provide access to substance use disorder screening, assessment,
17 medication, treatment, recovery and reentry services, including at a minimum:
18 (1) Screening on intake using evidence-based tools to assess the risk of overdose
19 or withdrawal and the person's history of substance use disorder and to determine
20 initial treatment options;
21 (2) Medically managed withdrawal treatment consistent with evidence-based
22 medical standards;
23 (3) All forms of medication for addiction treatment, including at least one of each
24 formulation of each United States Food and Drug Administration-approved
25 medication-assisted treatments for substance use disorder, including alcohol use
26 disorder and opioid use disorder, to ensure that each person receives the particular
27 formulation found to be the most effective at treating and meeting the person's
28 individual needs. Medication under this subparagraph must be offered for the
29 duration of the person's incarceration;
30 (4) Behavioral treatment options, such as group and individual counseling, and
31 clinical support;
32 (5) Peer support services;
33 (6) Reentry planning and transitional support such as coordination with
34 community-based treatment and case management service providers and recovery
35 organizations to ensure reentry and continuity of care after release, including
36 appointments for services made prior to release; and
37 (7) Assistance in obtaining health insurance prior to release.
38 Substance use disorder services required by this paragraph may be provided at the jail
39 at which the person resides or at another jail or correctional facility or by a service
40 provider or entity working under a contract with the jail at which the person resides.
41 C. Each jail shall provide mental health treatment, including at a minimum providing
42 a licensed clinician or licensed professional organization that will be available to assist
Page 2 - 132LR0999(01)
43 an inmate who is a person receiving mental health treatment. Mental health treatment
44 required by this paragraph may be provided at the jail at which the person resides or at
45 another jail or correctional facility or by a service provider or entity working under a
46 contract with the jail at which the person resides.
5 D. Each jail shall provide community programs and services as required by this
6 subchapter, including at a minimum pretrial or conditional release, alternative
7 sentencing or housing programs and electronic monitoring.
8 E. Each jail shall provide initial and ongoing training and technical assistance for
9 facility staff and health care practitioners on screening, assessment, medication and
10 treatment protocols for substance use disorder.
11Sec. 2. 34-A MRSA §1210-E, sub-§2, as enacted by PL 2021, c. 732, Pt. A, §3
12 and affected by §5, is amended to read:
132. County Jail Operations Fund. The County Jail Operations Fund is established to
14 provide funding for county jails and the regional jail. State Prior to July 1, 2025, state
15 funding must be appropriated annually for the fund in the amount of $20,342,104 plus any
16 additional amount the Legislature may appropriate. Beginning July 1, 2025 and prior to
17 July 1, 2026, state funding must be appropriated annually for the fund in the amount of
18 $25,445,838 plus any additional amount the Legislature may appropriate. Beginning July
19 1, 2026, state funding must be appropriated annually for the fund in an amount equal to
20 20% of the total General Fund appropriation to the department for the costs of all
21 correctional facilities under the department plus any additional amount the Legislature may
22 appropriate. The department shall administer the fund and shall distribute funds to the jails
23 in accordance with this section for the purposes set forth in subsections 3 and 4 and in
24 accordance with the distribution formula set forth in subsection 9.
25Sec. 3. 34-A MRSA §1210-E, sub-§2-A is enacted to read:
262-A. Additional state appropriation to support standards compliance.
27 Notwithstanding any provision of law to the contrary, in addition to the state funding
28 requirements under subsection 2, beginning July 1, 2026, state funding must be
29 appropriated annually for the fund in an amount equal to 90% of the costs incurred by
30 county jails and the regional jail in the prior fiscal year in complying with the mandatory
31 standards established by the commissioner pursuant to section 1208-B. Funding
32 appropriated to the fund under this subsection must be administered and distributed in the
33 same manner as the funding appropriated to the fund under subsection 9.
34Sec. 4. 34-A MRSA §1210-E, sub-§5, as enacted by PL 2021, c. 732, Pt. A, §3
35 and affected by §5, is amended to read:
365. Quarterly payments to counties. The department shall distribute funding payable
37 to the counties for operation of the jails quarterly if the jails have reported on a timely basis
38 as required by subsection 6 and rules adopted pursuant to subsection 7. Failure to report
39 as required may result in delayed payment of funds required to be paid by this section.
40 Notwithstanding any provision of law to the contrary, if a jail fails to report as required by
41 the end of a fiscal year, the department shall distribute the quarterly funding payment for
42 that jail between all other jails that are in compliance with the reporting requirement of
43 subsection 6 for that quarter using the formula under subsection 9 or a different formula as
44 established by the council.
1
2
3
4
Page 3 - 132LR0999(01)
1Sec. 5. 34-A MRSA §1210-F, sub-§3, as enacted by PL 2021, c. 732, Pt. A, §4, is
2 amended to read:
33. First meeting; chair; administrative services costs. When all appointments have
4 been made pursuant to subsection 1, the commissioner shall call the first meeting of the
5 council. By a majority vote, the council shall select a chair from the members appointed
6 under subsection 1, paragraphs A and B to serve a 2-year term. Administrative services
7 costs associated with the activities of the council must be paid by the department.
8SUMMARY
9 This bill amends the laws governing the operation of county jails as follows.
10 1. It amends the County Jail Operations Fund to provide that, beginning July 1, 2025
11 and prior to July 1, 2026, state funding must be appropriated annually for the fund in the
12 amount of $25,445,838 plus any additional amount the Legislature may appropriate.
13 Beginning July 1, 2026, state funding must be appropriated annually for that fund in an
14 amount equal to 20% of the total General Fund appropriation to the Department of
15 Corrections for the costs of all correctional facilities under the department plus any
16 additional amount the Legislature may appropriate. Under current law, state funding is
17 required to be appropriated annually for that fund in the amount of $20,342,104.
18 2. It provides that, in addition to those state funding requirements for the County Jail
19 Operations Fund, beginning July 1, 2026, state funding must be appropriated annually for
20 the fund in an amount equal to 90% of the costs incurred by county jails and the regional
21 jails in the prior fiscal year in complying with the mandatory standards established by the
22 Commissioner of Corrections.
23 3. It stipulates that, if a county jail fails to report certain information to the department
24 by the end of a fiscal year as required by law, the department shall distribute the quarterly
25 funding payment for that jail under the County Jail Operations Fund between all other jails
26 that are in compliance with the reporting requirement for that quarter.
27 4. It provides that, in adopting rules and standards for the county jails, the
28 commissioner incorporate the advisory input of the County Corrections Professional
29 Standards Council. Current law only requires the commissioner to consider that advisory
30 input.
31 5. It amends the law establishing the council to provide that administrative services
32 costs associated with the activities of the council must be paid by the department.
9