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Questions and Answers

Seems to me this is an issue of eminent domain. Why should the state take a jail paid for by the county taxpayers without paying fair market value?

"Eminent domain" is the power of a government to take private property for public use. The exercise of eminent domain power usually requires the government to pay the private property owner just compensation for the taking. The question of whether the state should compensate counties--another government entity and not a private party--for their jail facilities is a separate question and one that remains open for discussion. The state and the counties have formed a working group to discuss how to address this question among several others.

Why not have parole in the state? Is this not a better way to ease the money put in to the system and the over crowding of inmates, plus save taxpayers a lot of money? This is a business for the state to make money. Why not have parole for the ones who can benefit from their time and come out a better man or woman and never go back to prison?

Maine has a program called Supervised Community Confinement which does many of the things you point out are the benefits of parole. Prisoners in the latter half of their sentence are able to apply for an early release from incarceration. If an appropriate release plan can be developed they may be accepted for early release into this program. While in the community they are closely supervised by a probation officer until the completion of their sentence.

There is also a similar program for prisoners in the county jails who have served at least one third of their sentence. The sheriff may establish and maintain a home-release monitoring program to permit certain inmates to be released and monitored electronically or by intensive supervision by the county and to live at their residences as a portion of the term of incarceration.

Currently, the numbers of participants in either of these programs is low. Under a single corrections system, we can make greater use of these early release programs, yet also assure that public safety is maintained by establishing uniform and consistent practices in making these decisions and providing appropriate residential settings for prisoners released to the community.

How does the state reconcile certain counties, such as Waldo, having to continue to pay for a jail they can no longer use for their own inmates, while having to pay for transportation to other facilities?

Under the Governor's proposal, every county would pay for jail services based on their current expenditure on their county jail. In Waldo County's case, the cost to the county would be frozen at today's cost. The county would not incur any future costs resulting from an increase in the number of county inmates or the need to upgrade or replace their jail. Some jail facilities include other county functions in the same building. For example, in Waldo County, Civil Emergency Preparedness is located in the same building as the jail. In those counties in which the jails will be closed as jails, the county can decide if these other functions continue to be housed in the closed jail facility.

Under the Governor's proposal, Sheriffs Departments would continue to be responsible for inmate transports for the courts and local law enforcement. While the number of Sheriff transports will increase in those counties where jails would close, the increase transport cost would be far less then the cost to operate a jail.

What would happen to the employees of the 4 jails currently proposed to be closed?

There are several options. There is still a need in many facilities for good corrections officers and transfers could occur. The state would work with bargaining units on hiring rights. The Dept. of Labor is prepared to retrain workers. In addition, the state would create a rapid response team to help these workers.

Will employees transferred to the state retain their seniority?

This will be negotiated through the unions.

Who will cover the cost of benefits of employees?

All benefits will become the responsibility of the state. The state will negotiate with each individual union representing county employees. Those conversations have already begun.

If there is an arrest in a small town over the weekend what would happen to the detainee?

There are no plans to change current transportation agreements among local law enforcement. A work group has been formed to look at regional transportation

Who would cover the cost to transport inmates?

It would still be the responsibility of the Sheriff to transport pretrial defendants and any transports to court for sentenced inmates; all other costs of transporting sentenced inmates becomes the responsibility of the state.

What happens to revenue that a county will receive if they board prisoners?

There would be no revenue resulting from boarding county jail or state prisoners from county to county or state to county under this proposal. This proposal is not about raising money for the state via the county. However, there would be revenue raised from boarding federal inmates.

Is it important for inmates to be near their families for rehabilitation purposes?

It is important to maintain family connections. However, when people are sentenced to more than six months because of more serious issues, the programs are equally as important. Often those sentenced need programs to address issues that brought them to jail in the first place such as addiction and anger. We should look at shorter 5 or 30 day stays to see if there is a more appropriate placement.

Was debt service included in the 12% growth rate for counties and the 6% growth rate for the state prison system?

No. Only operational expenses are included in these figures. Debt service is considered as a separate expenditure. The administration is willing to listen to the issues surrounding debt service and how it is factored into a single state corrections proposal.