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State Votes to Keep Downeast Correctional Facility Open, Could Still Be Vetoed

Maine.gov
An aerial view of the Downeast Correctional Facility in Machiasport

The State Senate, with a vote of 31 to 3, has signaled its desire to keep the Downeast Correctional Facility (DCF) in Washington County open for another year. But the margin of support in the House was less than what is needed to override an expected veto of the bill by Governor LePage, who abruptly closed the facility last week.

The governor's action to close DCF is generating anger among Democrats and some Republicans at the State House, especially since lawmakers voted last year to fund it through June 30. During debate on the Senate floor Thursday, members of both parties questioned the legality of LePage's actions.

“There is no delegation of any authority to the executive branch to be able to decommission that facility,” says Sen. Roger Katz, a Republican from Augusta. “It is only the Legislature that can do that, it is only the Legislature that can close that facility.”

Katz and other senators from both parties argued that the governor exceeded his authority, something that is also now the subject of a separate court case.

Sen. Troy Jackson, a Democrat from Allagash, wondered what else may be on the governor’s agenda to bypass the legislature.

“This has already been decided,” says Jackson. “There shouldn’t have been a 4:30 raid on a Friday morning to go and take that all away. What else is going to happen? What’s next?”

But just down the hall, House Republicans, 57 in all, opposed the bill to continue operating Downeast Correctional Facility for another year at a cost of $5 million.

Norway Republican Tom Winsor is a member of the Appropriations Committee. He says it is wrong to bypass the normal appropriations process and fund the correctional facility piecemeal.

“I object to that because this you know this is one bill of many,” says Winsor. “We already have some $220-million worth of bills that have passed the two bodies and are sitting on the special appropriations table.”

In a normal appropriations process, lawmakers decide spending priorities based on how much money is available. Winsor says there are many bills such as additional pay for direct care workers that should be considered at the end of the session, not now.

Republican Rep. Ellie Espling from New Gloucester, argued that the facility needs significant repairs to be used as even a minimum-security prison. And she points out the Legislature has recognized the need to close the facility by not providing the money for needed improvements.

“To keep putting this off year after year is not helping,” says Espling. “We need to do the right thing now. I know it is not easy, sometimes doing the right thing is difficult.”

But supporters of the funding bill argue the LePage administration has not lived up to an agreement to build a new pre-release facility in Washington County.

So this week, Sen. Joyce Maker, a Republican from Calais got the green light from legislative leaders to submit a bill directing the construction of the pre-release center.

“We are only trying to do what was promised us,” says Maker. “I mean, in the bond issue we voted on there was supposed to be a pre-release center, it’s been dragged on, nothing has happened.”

That bill has yet to be scheduled for a public hearing. Meanwhile, the closing of the facility by the Governor is the subject of lawsuit brought by the county commissioners of Washington County and a preliminary agreement has been reached to stop any dismantlement of the Downeast Correctional Center until the court case is decided.

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