The State Board of Corrections spent the day in Wiscasset July 10 discussing, among other issues, the impact to other flagship jails of Somerset’s current policy of not accepting out-of-county inmates.

The ongoing issue appears to be coming to a head.

“I believe the board has acted very responsibly toward the Somerset facility,” Working Group member Glenn Ross from the Penobscot Sheriff’s Department said. “You have the right to take away their federal inmates; you could say give us back our beds or we will take away you’re funding. Of course we are not doing that, but you have the authority to do it.”

The board spent a great deal of time discussing the use of statutory authority, given to them by the consolidation law, to manage the county correctional system. The board does not know just what authority or how much authority they have. Most members indicated the board had the authority to direct Somerset County to take inmates from other counties and from out of state.

Somerset County is the flagship for jail for Franklin County inmates. Because Somerset refuses inmates from other counties, Franklin County is obligated to transport sentenced and pre-trial offenders to Cumberland, Knox, state prison and Two Bridges.

The reason the Somerset is not accepting out-of-county inmates is because the state Board of Corrections is paying $22.96 per inmate per day, when the average cost to board to board an inmate is reported to be more than $100 per day.

“In order for the unified system to work, the flagship jails must work together,” Doug Beaulieu Aroostook County Commissioner said.

In April 2008, legislation was passed with the purpose of reducing the cost of state and county correctional services. The legislation created a state Board of Corrections to develop and implement a unified state and county correctional system, and it capped the amount the counties could raise from taxes for corrections.

The total state cap was set at about $62 million per year. The 2012 budget approved by the Board of Corrections is $79,824,289. The difference between what the counties raise from taxes, and what the board approves for jail budgets is paid quarterly from the state’s investment fund.

The investment fund is supported from the state’s general fund, as well as counties, such as Waldo, Franklin and Oxford, who do not have jails and instead pay their corrections money into the investment fund.

Two Bridges is one of four receiving jails under the unified system. The other three are Somerset, York and Cumberland. Two Bridges also accepts the overflow of inmates from Kennebec and Penobscot Counties.

Before taking action regarding the Somerset issue, they will contact the Maine Attorney General’s Office for legal advice and clarification.
RHR Smith, the auditor, told the board it was unclear to him that the attorney general had any responsibility to provide legal services to the board.

“If they don’t return your call you will have your answer,” Smith said with a chuckle.

Commissioner Ann Head recommended putting out a request for independent legal services.

Along with discussion regarding legal counsel and long-term state corrections plans and goals, the Somerset issue is expected be addressed at the board’s next meeting, in Augusta on Tues-day, July 24, at 1 p.m.

The board decided July 10 to consider implementing some of the recommendations from two recent reviews of the corrections system: a recent audit by RHR SMITH & Company; and the final report of National Institute of Corrections representatives Ron Miller and Becky Ney.

Some of these changes would require legislative action.

It was apparent the board has a lot on its plate. Since its inception in 2008, according to the members, it has been “treading water,” having to focus on budget issues, putting out one fire after another, and unable to focus on making the county correctional systems better.

Department of Corrections Commissioner Jo-seph Ponte said many recommendations have been made in the past, but there has been no funding to implement them.

For more information, see related stories:

Board reviews auditor's recommendation

Inmates back in Somerset jail