Jail overhaul hampered by lack of trust

AUGUSTA – Acknowledging a loss of trust, state and county officials are developing separate plans to overhaul corrections in Maine, and members of the Legislature’s Criminal Justice Committee criticized both Tuesday for not cooperating to reach a compromise.

“It was befuddling, the fact that they are not working together,” said Sen. Bill Diamond, D-Windham, co-chairman of the committee. “I was quite shocked. I was under the impression they were working together.”

Other panel members agreed. When the committee met last month, it heard from both the Corrections Department and the Maine County Commissioners Association and was under the impression the two sides were cooperating.

“I was surprised, given what they said last time,” said Rep. Richard Sykes, R-Harrison, the chief GOP member on the panel. “I hope they got the clear message that we want them to work together.”

Both Corrections Commissioner Martin Magnusson and Bob Howe, lobbyist for the county commissioners association, said Tuesday that both sides have “dug in” and there is a lack of trust between them.

“I think the way we came forward with this to a degree hurt them and we lost their trust,” Magnusson said, referring to the state’s plan to consolidate prisons and jails in Maine. “We used to work very well together.”

He said the state and the counties had worked well on the Correctional Alternatives Advisory Commission and he regretted that the relationship has soured.

Howe acknowledged that some county officials are still upset at the way the proposal was “sprung” on the counties and that has made any sort of negotiations difficult.

“I think that when some people have cooled off we can discuss some things,” he said.

Magnusson said his agency and representatives of the counties met twice and mutually decided the talks were not productive. He said both are sharing information, but it was clear from comments during the committee meeting that no one is sharing plans.

“We were really wasting our time to continue to meet,” Magnusson said. “We will get together after we have developed our plan and they have their plan, and we will look at them then.”

Diamond told Magnusson the approach “does not make much sense” and strongly suggested a better approach would be to work on a compromise plan.

Howe also was chastised by several lawmakers for “drawing a line in the sand” and not working with the Department of Corrections.

“You are really not considering all possibilities,” Diamond said. “You are ruling out options before you have really explored them.”

Howe said the 16 counties have hired consultants, at a cost of $90,000, to look at how to improve the existing county jail system.

Rep. Anne Haskell, D-Portland, asked Howe why the counties were apparently ruling things in or out before they complete their own study. She tried to pin him down on whether the commissioners were ruling out closing any of the existing jails.

“I don’t think you will see us recommending [the] closing of any county jail,” he said. “But we don’t know what the consultants are recommending. We get their report on Dec. 5.”

Sen. Roger Sherman, R-Houlton, said it was clear the counties and the state are taking far different approaches to improving the corrections system. He said the development of the two plans will cause the committee delays in dealing with the issue.

“There probably aren’t 12 people outside of this building who believe this is going to result in property tax relief,” said Sen. Earle McCormick, R-West Gardiner. “I was even prepared to hear that to do the right thing may cost more money.”

He said reform of the corrections system should be the goal, and that savings from either consolidation or improved administration should be used to fund a system that addresses the many needs of corrections, such as specialized mental health units.

Magnusson repeatedly declined to share details of the state’s plan, which he says is evolving and could have “significant” changes before it is completed. He hopes it will be finished by the end of December.

Howe said the counties have about the same timetable.

“The problem is that puts a lot of work on this committee,” Diamond said. “This is the short session.”

Lawmakers start the second regular session on Jan. 2 and are scheduled to complete their work by April 16.