An Act to Reduce the Property Tax Burden by Adequately Funding
Maine Legislature, Session 132, LD 0852
Committee: Criminal Justice and Public Safety
Sponsors: DUCHARME, BERNARD
Amends: 34-A MRSA §1208-B, 34-A MRSA §1210-E, 34-A MRSA §1210-F

Legislative Document
No. 852
H.P. 538
House of Representatives, March 4, 2025
An Act to Reduce the Property Tax Burden by Adequately Funding 
County Jail Operations
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DUCHARME of Madison.
Cosponsored by Senator BERNARD of Aroostook and
Representatives: CARUSO of Caratunk, CRAY of Palmyra, MCINTYRE of Lowell, QUINT 
of Hodgdon, SALISBURY of Westbrook, STOVER of Boothbay, THORNE of Carmel, 
Senator: RENY of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-A MRSA §1208-B, sub-§4, as amended by PL 2023, c. 135, §3, is 
further amended to read:
4.  Requirements; rulemaking by commissioner.  The jails shall operate in 
accordance with best practices applicable to facilities of their type and size, including the 
mandatory standards, policies and procedures established by rules adopted by the 
commissioner under subsection 1 and standards adopted under section 1208, and with the 
following requirements as set forth in rules adopted by the commissioner. In adopting rules 
and standards for the jails, the commissioner shall consider incorporate the advisory input 
of the County Corrections Professional Standards Council established pursuant to Title 5, 
section 12004‑G, subsection 6‑D.
A.  Each jail shall participate in coordination of inmate transportation.  Coordination 
of transportation may be provided by the jail at which the inmate resides, by another 
jail or correctional facility or by a person or entity working under a contract with the 
jail at which the inmate resides.
B.  Each jail shall provide access to substance use disorder screening, assessment, 
medication, treatment, recovery and reentry services, including at a minimum:
(1)  Screening on intake using evidence-based tools to assess the risk of overdose 
or withdrawal and the person's history of substance use disorder and to determine 
initial treatment options;
(2)  Medically managed withdrawal treatment consistent with evidence-based 
medical standards;
(3)  All forms of medication for addiction treatment, including at least one of each 
formulation of each United States Food and Drug Administration-approved 
medication-assisted treatments for substance use disorder, including alcohol use 
disorder and opioid use disorder, to ensure that each person receives the particular 
formulation found to be the most effective at treating and meeting the person's 
individual needs. Medication under this subparagraph must be offered for the 
duration of the person's incarceration;
(4)  Behavioral treatment options, such as group and individual counseling, and 
clinical support;
(5)  Peer support services;
(6)  Reentry planning and transitional support such as coordination with 
community-based treatment and case management service providers and recovery 
organizations to ensure reentry and continuity of care after release, including 
appointments for services made prior to release; and
(7)  Assistance in obtaining health insurance prior to release.
Substance use disorder services required by this paragraph may be provided at the jail 
at which the person resides or at another jail or correctional facility or by a service 
provider or entity working under a contract with the jail at which the person resides.
C.  Each jail shall provide mental health treatment, including at a minimum providing 
a licensed clinician or licensed professional organization that will be available to assist 
an inmate who is a person receiving mental health treatment.  Mental health treatment 
required by this paragraph may be provided at the jail at which the person resides or at 
another jail or correctional facility or by a service provider or entity working under a 
contract with the jail at which the person resides.
D.  Each jail shall provide community programs and services as required by this 
subchapter, including at a minimum pretrial or conditional release, alternative 
sentencing or housing programs and electronic monitoring.
E.  Each jail shall provide initial and ongoing training and technical assistance for 
facility staff and health care practitioners on screening, assessment, medication and 
treatment protocols for substance use disorder.
Sec. 2.  34-A MRSA §1210-E, sub-§2, as enacted by PL 2021, c. 732, Pt. A, §3 
and affected by §5, is amended to read:
2.  County Jail Operations Fund.  The County Jail Operations Fund is established to 
provide funding for county jails and the regional jail.  State Prior to July 1, 2025, state 
funding must be appropriated annually for the fund in the amount of $20,342,104 plus any 
additional amount the Legislature may appropriate.  Beginning July 1, 2025 and prior to 
July 1, 2026, state funding must be appropriated annually for the fund in the amount of 
$25,445,838 plus any additional amount the Legislature may appropriate.  Beginning July 
1, 2026, state funding must be appropriated annually for the fund in an amount equal to 
20% of the total General Fund appropriation to the department for the costs of all 
correctional facilities under the department plus any additional amount the Legislature may 
appropriate.  The department shall administer the fund and shall distribute funds to the jails 
in accordance with this section for the purposes set forth in subsections 3 and 4 and in 
accordance with the distribution formula set forth in subsection 9.
Sec. 3.  34-A MRSA §1210-E, sub-§2-A is enacted to read:
2-A.  Additional state appropriation to support standards compliance.  
Notwithstanding any provision of law to the contrary, in addition to the state funding 
requirements under subsection 2, beginning July 1, 2026, state funding must be 
appropriated annually for the fund in an amount equal to 90% of the costs incurred by 
county jails and the regional jail in the prior fiscal year in complying with the mandatory 
standards established by the commissioner pursuant to section 1208-B.  Funding 
appropriated to the fund under this subsection must be administered and distributed in the 
same manner as the funding appropriated to the fund under subsection 9.
Sec. 4.  34-A MRSA §1210-E, sub-§5, as enacted by PL 2021, c. 732, Pt. A, §3 
and affected by §5, is amended to read:
5.  Quarterly payments to counties.  The department shall distribute funding payable 
to the counties for operation of the jails quarterly if the jails have reported on a timely basis 
as required by subsection 6 and rules adopted pursuant to subsection 7.  Failure to report 
as required may result in delayed payment of funds required to be paid by this section.  
Notwithstanding any provision of law to the contrary, if a jail fails to report as required by 
the end of a fiscal year, the department shall distribute the quarterly funding payment for 
that jail between all other jails that are in compliance with the reporting requirement of 
subsection 6 for that quarter using the formula under subsection 9 or a different formula as 
established by the council.
Sec. 5.  34-A MRSA §1210-F, sub-§3, as enacted by PL 2021, c. 732, Pt. A, §4, is 
amended to read:
3.  First meeting; chair; administrative services costs.  When all appointments have 
been made pursuant to subsection 1, the commissioner shall call the first meeting of the 
council. By a majority vote, the council shall select a chair from the members appointed 
under subsection 1, paragraphs A and B to serve a 2-year term.  Administrative services 
costs associated with the activities of the council must be paid by the department.
SUMMARY
This bill amends the laws governing the operation of county jails as follows.
1.  It amends the County Jail Operations Fund to provide that, beginning July 1, 2025 
and prior to July 1, 2026, state funding must be appropriated annually for the fund in the 
amount of $25,445,838 plus any additional amount the Legislature may appropriate.  
Beginning July 1, 2026, state funding must be appropriated annually for that fund in an 
amount equal to 20% of the total General Fund appropriation to the Department of 
Corrections for the costs of all correctional facilities under the department plus any 
additional amount the Legislature may appropriate.  Under current law, state funding is 
required to be appropriated annually for that fund in the amount of $20,342,104.
2.  It provides that, in addition to those state funding requirements for the County Jail 
Operations Fund, beginning July 1, 2026, state funding must be appropriated annually for 
the fund in an amount equal to 90% of the costs incurred by county jails and the regional 
jails in the prior fiscal year in complying with the mandatory standards established by the 
Commissioner of Corrections.
3.  It stipulates that, if a county jail fails to report certain information to the department 
by the end of a fiscal year as required by law, the department shall distribute the quarterly 
funding payment for that jail under the County Jail Operations Fund between all other jails 
that are in compliance with the reporting requirement for that quarter.
4.  It provides that, in adopting rules and standards for the county jails, the 
commissioner incorporate the advisory input of the County Corrections Professional 
Standards Council.  Current law only requires the commissioner to consider that advisory 
input. 
5.  It amends the law establishing the council to provide that administrative services 
costs associated with the activities of the council must be paid by the department.