An Act To Transfer Operations and Ownership of County Jail Facilities to the State
Maine Legislature, Session 128, LD 1266
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, SPEAR, MADIGAN
Amends: 30-A MRSA §1662

Legislative Document
No. 1266
S.P. 429
In Senate, March 30, 2017
An Act To Transfer Operations and Ownership of County Jail 
Facilities to the State
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DIAMOND of Cumberland.
Cosponsored by Representative SPEAR of South Thomaston and
Representative: MADIGAN of Rumford.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §1662 is enacted to read: 
§1662.  Transfer of county jail facilities to the State and operational responsibilities 
to the Department of Corrections 
1.  Transfer.  The ownership of county jail facilities is transferred to the State 
effective July 1, 2020.  The Department of Corrections is responsible for the operation of 
county jail facilities under this section. 
2.  Property tax assessment for jail operations beginning July 1, 2020.  With 
respect to any county budget funding for jail operations on and after July 1, 2020, the 
property tax assessment to the municipalities must be no more than the tax assessment for 
correctional services provided for in section 701, subsection 2-C, adjusted annually by the 
Consumer Price Index for All Urban Consumers, CPI-U, as compiled by the United 
States Department of Labor, Bureau of Labor Statistics.  No later than June 30, 2021 and 
each year thereafter, a county must remit the property tax amount to the Department of 
Administrative and Financial Services. 
Sec. 2.  Transfer of county jail facilities to the State and operational 
responsibilities to the Department of Corrections.  This section establishes the 
procedures and timelines necessary to transfer all county jail facilities to the State and 
operational responsibilities to the Department of Corrections as of July 1, 2020. 
1.  Standard jail facilities transfer contract.  No later than December 31, 2017, the 
Commissioner of Administrative and Financial Services shall create a standard jail 
facilities transfer contract to be used as the default contract if the negotiations process 
described in subsection 3 does not successfully result in the execution of a contract that 
transfers to the Department of Administrative and Financial Services ownership of the jail 
facilities. 
2.  Standard jail operations transfer contract.  No later than December 31, 2017, 
the Commissioner of Corrections shall create a standard jail operations transfer contract 
to be used as the default contract if the negotiations process described in subsection 4 
does not successfully result in the execution of a contract that transfers to the Department 
of Corrections all responsibilities for jail management and operations. 
3.  Transfer of county jail facilities to the State.  No later than June 30, 2018, the 
Commissioner of Administrative and Financial Services or the commissioner's designee 
shall meet with the county commissioners, county administrators and jail administrators 
of each county to begin negotiating the terms of the transfer of county jail facilities to the 
State.  The parties are authorized to negotiate all terms of the transfer process except for 
the transfer date, which must be July 1, 2020.  If by June 1, 2020 the parties have failed to 
agree on the process, the standard jail facilities transfer contract under subsection 1 must 
be used to facilitate the transfer. 
4.  Transfer of county jail operations to the State.  No later than June 30, 2018, the 
Commissioner of Corrections or the commissioner's designee shall meet with the county 
commissioners, county administrators, jail administrators and sheriffs of each county to 
begin negotiating the terms of the transfer of county jail operations to the State.  The 
parties are authorized to negotiate all terms of the transfer process except the transfer 
date, which must be July 1, 2020.  If by June 1, 2020 the parties have failed to agree on 
the process, the standard jail operations transfer contract under subsection 2 must be used 
to facilitate the transfer. 
5.  Request for state funding.  No later than January 15, 2019, the Commissioner of 
Administrative and Financial Services and the Commissioner of Corrections shall submit 
to the joint standing committees of the Legislature having jurisdiction over criminal 
justice and public safety matters and appropriations and financial affairs proposed 
legislation requesting the fiscal year 2020-21 and fiscal year 2021-22 funding necessary 
to implement the contracts negotiated pursuant to subsections 3 and 4.  The fiscal year 
2021-22 funding request must take into consideration the property tax revenue for jail 
operations provided for in the Maine Revised Statutes, Title 30-A, section 1662, 
subsection 2. 
Sec. 3.  Codification of the transfer of county jail facilities and operational 
responsibilities to the Department of Corrections.  The Department of Corrections 
shall submit proposed legislation during the First Regular Session of the 130th 
Legislature to the joint standing committee of the Legislature having jurisdiction over 
criminal justice and public safety matters that transfers all necessary and appropriate jail 
operations and management statutes in the Maine Revised Statutes, Title 30-A to Title 
34-A and otherwise establishes the department as the entity responsible for the 
ownership, management and operations of the State's jails. 
SUMMARY 
This bill establishes the process for transferring county jail facilities and operational 
responsibilities to the State as of July 1, 2020.