SKOWHEGAN – Official notification that the Somerset County Jail was approved to house more than 45 inmates was received Monday, ending weeks of speculation that the county would be denied a variance and forced to house dozens of prisoners at other jails – a situation that would have cost more than a million dollars annually.

Licensed to house 45 inmates, the outdated, antiquated facility has often held up to 90, while still boarding out females and juveniles.

“We may be the only jail in the state holding this variance,” commented Sheriff Barry DeLong Monday afternoon.

Counties across the state are either experiencing overcrowding and high boarding fees or are in the process of building new jails.

Since 2000, Maine’s prison population has increased by 20 percent. Bed shortages, increased safety risks and rising costs prompted the Legislature to establish a broad-based study commission to examine ways to reduce the overall prison population while preserving community safety.

The 17-member Commission to Improve the Sentencing, Supervision, Management and Incarceration of Prisoners is required to submit its recommendations to the Legislature’s Judiciary Committee no later than Dec. 3.

Meanwhile, counties struggle. Waldo County, for example, recently had its variance to house 33 inmates reduced to 23.

Somerset County’s waiver to house 55 inmates expired in September and officials had been waiting for the results of an appeal that included a tour of the jail by Maine Department of Corrections Commissioner Martin Magnusson.

In his notification, Magnusson based the variance approval on his recent inspection of the jail, as well as the county’s commitment to build a new facility within the next two years.

Magnusson also recommended that a variety of alternative sentencing programs be put in place in Somerset County.

“We found that there has been substantial improvement made in the condition, control and operation of your jail facility since we last brought our concerns to your attention,” Magnusson wrote. “The facility was very clean and in good repair. We found that inmates were being supervised … and were being kept busy, addressing our previous concern about inmate idleness.”

Magnusson said DeLong and his staff “have done a commendable job in housing inmates within required limits.” It was also noted that eight new staff positions have been created since last year.

As far as future jail plans, Magnusson wrote, “We would encourage Somerset County to put the issue to your voters as soon as possible.”

The variance was extended until January 2005, at which time DeLong said a new jail should either be nearing completion or constructed. “Mr. Magnusson has been very kind in issuing this variance,” he said.

On Monday, DeLong said he had been habitually housing 60 to 80 prisoners, with about 20 of them boarded to other facilities at $110. The variance, he said, will allow him to house more and board less.

Now it is up to the county commissioners and voters to pursue a new facility, said DeLong. “We don’t even have a site yet,” he added.

DeLong said he prefers a 12-acre parcel on River Road, located behind the Somerset County Communications Center.

“We could have communications, the jail and the sheriff’s office all in one location,” he said. “It is high and dry and there is room for expansion.” Property behind the county-owned land is state-owned and could be purchased, he said.

“I also think the jail can be build way cheaper than the proposed $16.9 million,” he said. DeLong said by using local companies, the jail could be constructed for $10 million to $12 million.

DeLong said he was already researching the alternative programs suggested by the state, including pre-trial diversion programs, alternative sentencing programs and home-release monitoring in conjunction with public service projects.

To plan, develop and maintain these programs, the county could use Community Corrections Act 20-Percent Funds to establish a staff position to oversee the programs.