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Maine Lawmaker Proposes 'Receiver' to Oversee County Jail Funding

Mal Leary
/
MPBN

AUGUSTA, Maine - Maine lawmakers are considering a proposal endorsed by Gov. Paul LePage that would provide emergency funding for Maine's cash-strapped county jails. Supporters say it’s only a stop-gap measure until the Legislature and governor can determine who should operate the jails in the future.
 

Republican Sen. James Hamper, of Oxford, co-chairs the Legislature’s Appropriations Committee, and says he came up with the idea of a having a "receiver" named to oversee county jail funding last week.

A receiver is an independent third party that would assume the power of a board of directors, since the jail's current board is no longer functioning. Hamper has been exploring the idea with other lawmakers and with Gov. LePage. He acknowledges it’s a short-term fix for a long-term problem.

"It was a way to get the emergency funding that the jails need to take care of the pending crisis that’s coming and get us to the end of the fiscal year," Hamper says.

Gov. LePage told reporters that Hamper's plan to have a receiver manage the jails is the only way he will support emergency funding to get them through the budget year that ends June 30.

LePage says the current Board of Corrections model was doomed from the start because it was controlled by the counties that were spending state money. "What you have done is you’ve given the control of the jails to the sheriffs, the counties, and you are telling the state, 'You are going to pay the bill and you can’t say anything about it,'" LePage says. "And that’s just not going to work. That’s like giving my ex-wife my paycheck."

The proposal, which would be added to a supplemental budget bill pending before the Appropriations Committee, would give the governor the authority to name a single person to oversee how state funds are distributed to the jails for the rest of the budget year.  Sheriff Joel Merry, who serves on the Board of Corrections, told the committee five jails face serious funding problems as early as next month.

"From my perspective, the way we have to look at this is this needs to be done, however you folks choose to do it," Merry said. "I would just ask that, whatever it is, that it be done so these counties can get the money to keep their operations going."

Several committee members are concerned about the amendment, some because it was not advertised so the public could comment, and others because of the language in the proposal.

Eagle Lake Democrat John Martin says "receiver" is a word with a bad connotation. "That word bothers me," he says. "If we want to call it something else, you know, 'Commissioner of whatever,' but that word to me - bothers me."

Others were concerned the word receiver could affect county bond ratings, since the amendment calls for a $2.1 million appropriation when the counties believe they need $2.4 million to get through the year. The committee will allow further public comment when it considers the bill on Friday.

Sen. Hamper says his proposal is just a short-term fix to get through the budget year. There are several bills to change the Board of Corrections and proposals to abolish the commission and have the jails totally under the control of the counties.

Gov. LePage says he doesn’t care who controls the jails, the state or the counties, as long as there is accountability for public funds. "This is the deal: Whoever writes the check has to be in charge," he says. "If they want - the sheriffs - want to be in charge of the jails, be my guest.  But open your pocketbook because you’re - I am not participating in a system that all we do is throw good money after bad."

No hearings have been scheduled on the legislation to fix the county jail funding problems after July 1, and that is likely to be as controversial as the short-term solution.

 

Journalist Mal Leary spearheads Maine Public's news coverage of politics and government and is based at the State House.