An Act to Authorize the Inclusion of Additional Counties in the
Maine Legislature, Session 132, LD 1950
Committee: Criminal Justice and Public Safety
Sponsors: CURRY
Amends: 30-A MRSA §1801, 30-A MRSA §1802, 30-A MRSA §1803, 30-A MRSA §1805, 30-A MRSA §1851, 30-A MRSA §1853, 30-A MRSA §1857, 30-A MRSA §1858, 30-A MRSA §1859, 30-A MRSA §1901, 30-A MRSA §1951, 30-A MRSA §1952, 30-A MRSA §1955

Legislative Document
No. 1950
S.P. 757
In Senate, May 7, 2025
An Act to Authorize the Inclusion of Additional Counties in the 
Lincoln and Sagadahoc Multicounty Jail Authority
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CURRY of Waldo.
Cosponsored by Senators: BEEBE-CENTER of Knox, RENY of Lincoln, TEPLER of 
Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA c. 17, as amended, is amended by amending the chapter 
headnote to read:
CHAPTER 17
LINCOLN AND SAGADAHOC MULTICOUNTY JAIL AUTHORITY
Sec. 2.  30-A MRSA §1801, as enacted by PL 2003, c. 228, §1, is amended to read:
§1801.  Short title
This chapter may be known and cited as "the Lincoln and Sagadahoc Multicounty Jail 
Authority Act."
Sec. 3.  30-A MRSA §1802, sub-§1, as enacted by PL 2003, c. 228, §1, is amended 
to read:
1.  Authority.  "Authority," "multicounty jail authority" or "jail authority" means the 
authority formed under this chapter and Title 13, chapter 81.
Sec. 4.  30-A MRSA §1802, sub-§2, as enacted by PL 2003, c. 228, §1, is amended 
to read:
2.  Commissioner.  "Commissioner" or "county commissioner" means a person elected 
or appointed to the Lincoln County or Sagadahoc County a county's board of 
commissioners.
Sec. 5.  30-A MRSA §1802, sub-§3-A, as enacted by PL 2003, c. 688, Pt. C, §15 
and affected by §16, is amended to read:
3-A.  County; counties.  "County" means either Lincoln County or Sagadahoc County 
a county that is a member of the multicounty jail authority, and "counties" means both 
Lincoln County and Sagadahoc County all counties that are members of the multicounty 
jail authority.
Sec. 6.  30-A MRSA §1803, as amended by PL 2011, c. 604, §2, is further amended 
to read:
§1803.  Relationship to other laws
This chapter provides an alternative method for carrying out the purposes of this 
chapter and is supplemental to powers conferred by other laws, and is not in derogation of 
any existing powers.  Any reference to "county jail" or "jail" in the Maine Revised Statutes 
includes the Lincoln and Sagadahoc Multicounty Jail Facility.
Sec. 7.  30-A MRSA §1805, as enacted by PL 2003, c. 228, §1, is amended to read:
§1805.  Governmental function
The Lincoln and Sagadahoc Multicounty Jail Authority shall administer and exercise 
the authority granted to it under this chapter.  The carrying out of its powers and duties is 
considered the performance of an essential governmental function.
Sec. 8.  30-A MRSA §1851, first ¶, as enacted by PL 2003, c. 228, §1, is amended 
to read:
The formation of the multicounty jail authority must be in accordance with this 
subchapter.  The provisions of this subchapter do not apply to new counties that join the 
multicounty jail authority pursuant to section 1859 unless expressly authorized.
Sec. 9.  30-A MRSA §1851, sub-§4, as enacted by PL 2005, c. 47, §1 and affected 
by §3, is amended to read:
4.  Establishment.  The Lincoln and Sagadahoc Multicounty Jail Authority is 
established as a public body corporate and politic and a public instrumentality of the 
counties, and the exercise by the authority of the powers conferred by this chapter must be 
deemed and held to be the performance of essential governmental functions.
Sec. 10.  30-A MRSA §1853, sub-§1, as enacted by PL 2003, c. 228, §1, is amended 
to read:
1.  Authorization.  All of the affairs of the jail authority are managed by a board of 
directors that consists of not less than 12 directors.  The initial board consists of 6 public 
members, one from each of the commissioners' districts; 4 county commissioners, 2 from 
each county and 2 sheriffs, one from each county.  The exact number of directors must be 
determined by the operating and governance agreement. Each director is entitled to one 
vote. The jail authority may alter the number of its directors by amending the operating and 
governance agreement.  If the jail authority adds an additional county pursuant to section 
1859, it shall amend the operating and governance agreement to include from the new 
county 3 public members, one from each of the commissioners' districts, 2 county 
commissioners and one sheriff.  A quorum of the directors may conduct the affairs of the 
jail authority even if there is a vacancy on the board of directors.  A quorum is a simple 
majority of eligible and appointed directors, as long as each county is represented. A simple 
majority of directors voting, either in person or by written consent, may conduct the affairs 
of the jail authority.
Sec. 11.  30-A MRSA §1857, as enacted by PL 2003, c. 228, §1, is amended to read:
§1857.  Withdrawal of counties
Lincoln County or Sagadahoc County may withdraw from the jail authority at any time 
prior to the commitment by the jail authority, or either county on behalf of the jail authority, 
to issue any instrument of indebtedness, including, but not limited to, bonds and notes.  The 
date upon which the jail authority or either county is committed to issue the debt is 
established by a majority vote of the board of directors at least 90 days in advance of that 
date. At the time of withdrawal, the withdrawing county remains liable for its proportionate 
share of jail authority debts and withdrawal expenses incurred prior to the date of 
withdrawal and shall make provisions satisfactory to the board of directors and the 
commissioners to pay its share of the debt outstanding at the time of withdrawal.
If a county withdraws from the jail authority or if the jail authority is dissolved, all of 
the responsibilities granted to the jail administrator are assumed by the sheriffs of the 
respective counties.
After issuance of instruments of indebtedness with a maturity of one year or more, 
neither Lincoln County nor Sagadahoc County, nor any other county that has joined the 
authority pursuant to section 1859, may withdraw from the jail authority while the 
indebtedness remains outstanding without the approval of 2/3 of the board of directors and 
a majority vote of the commissioners from each other county. A withdrawing county shall 
make provisions satisfactory to 2/3 of the board of directors and a majority of the 
commissioners from each county to pay its share of debt outstanding at the time of 
withdrawal.  Those provisions must include the pledge of the full faith and credit of the 
withdrawing county after consent of each other county, if full faith and credit has not 
already been pledged under section 1954 or 1955.  Withdrawal must be permissible in 
existing debt instruments.
In considering the request of a county to withdraw, the board of directors and the 
commissioners shall consider the effect of the proposed withdrawal on the ability of the jail 
authority to continue operating the multicounty jail in a manner and at a cost to the 
remaining county counties that is reasonable.
If the withdrawal causes the costs of the other county counties to increase as a condition 
of withdrawal, the withdrawing county may be required by the board of directors and the 
commissioners either to secure an alternate and equivalent source of prisoners for the 
reasonable life of the jail facility or to execute an agreement to make payments to the jail 
authority following withdrawal that maintains the costs of the other county member 
counties to remain constant when adjusted annually for the effect of all other factors on the 
costs until an alternate and equivalent source of prisoners is secured or results from the 
nonwithdrawing county's counties' population.
Subject to any required approval by the board of directors and the commissioners of 
each county, withdrawal from the authority by a county may be accomplished by a vote of 
the commissioners.
Sec. 12.  30-A MRSA §1858, sub-§1, as enacted by PL 2003, c. 228, §1, is amended 
to read:
1.  Method.  In the event both all counties vote to withdraw pursuant to section 1857, 
the board of directors shall vote to dissolve the jail authority.  The board of directors may, 
at any time by 2/3 vote, recommend to the counties that the jail authority be dissolved. If 
such a recommendation is made, the commissioners in each county shall vote on the 
question of dissolving the jail authority.  If the commissioners in each of the counties 
county vote to dissolve the jail authority, the jail authority must be dissolved by the board 
of directors at a time fixed by the board of directors.
Sec. 13.  30-A MRSA §1859 is enacted to read:
§1859.  Addition of counties
After the initial formation of the jail authority pursuant to section 1851, the jail 
authority may permit additional counties to join the authority.  Counties that wish to apply 
to join the jail authority membership shall hold a public hearing within that county in the 
same manner as provided in section 1851, subsection 2.  If, after the public hearing, the 
commissioners of the applying county wish to join the jail authority, they shall call an 
organizational meeting within that county, which must be held in the same manner as in 
section 1851, subsection 3.  A majority of the commissioners from the applying county 
shall attend the organizational meeting, and the vote to join the jail authority requires a 
majority vote of those commissioners. 
The directors of the jail authority may consider new county membership applications 
under this section, and the vote to allow a new county to join the jail authority requires a 
majority vote of the directors at a time fixed by the directors.  Counties permitted to join 
the jail authority are subject to the provisions of this chapter and any other terms, conditions 
or stipulations related to the county's joining the authority, as directed by the directors of 
the jail authority.
Sec. 14.  30-A MRSA §1901, as enacted by PL 2003, c. 228, §1, is amended to read:
§1901.  Powers
The power and authority of the jail authority formed under this chapter and the 
administration and the general supervision of all affairs of the authority are vested in the 
directors.  The jail authority has the power, within the counties, to provide for the planning, 
construction, equipping, operation and maintenance of a common facility for corrections; 
to generate revenues from those activities and incur expenses from those activities, 
including reimbursement to Lincoln County and Sagadahoc County the counties for 
organizational costs, and make contracts with persons, firms, corporations, partnerships, 
limited partnerships and other entities, whether private, public or municipal, as may be 
necessary or proper; and, in general, to do any or all other things necessary or incidental 
for the exercise of its powers or to the accomplishment of the purposes of the jail authority.
When the board of directors declares the jail facility operational, any powers and duties 
necessary to the operation of the Lincoln and Sagadahoc Multicounty Jail facility Facility 
under this chapter are assumed by the administrator of the multicounty jail facility 
Multicounty Jail Facility.
The power to make contracts includes, but is not limited to:
1.  Experts.  Contracting with architects, engineers, financial and legal consultants and 
other experts for services;
2.  Operation.  Contracting with persons, firms, corporations, limited partnerships, 
partnerships, associations, authorities and agencies for the operation of the multicounty jail 
and for services relating to the operation of the multicounty jail;
3.  Corrections.  Contracting for corrections with Lincoln County, Sagadahoc County 
and other governmental agencies, including other counties that are not members of the jail 
authority;
4.  Government.  Contracting with State Government, the Federal Government or any 
subdivision or agency of the State or the United States for services;
5.  County employee services.  Contracting with Lincoln County or Sagadahoc County 
the counties for the services of any officers or employees of either county the counties;
6.  Counties.  Contracting with Lincoln County and Sagadahoc County the counties to 
reimburse organizational costs;
7.  Real and personal property.  Purchasing, selling, leasing, acquiring, conveying, 
mortgaging, improving and using real and personal property in connection with the 
purposes of the jail authority;
8.  Staff; employment.  Employing and establishing salaries and qualifications for 
such professional, clerical and administrative staff personnel as may be necessary or 
convenient to the operation of the jail authority; and
9.  Use of bidding processes.  Making contracts, issuing bonds, notes or other debt 
instruments under subchapter 4 and dealing generally with 3rd parties, including the power 
to use a negotiated or competitive bidding process or any other process that may be 
advantageous to the jail authority.  The determination of the process to be used is made by 
and at the discretion of the directors.
Sec. 15.  30-A MRSA §1951, sub-§1, ¶B, as enacted by PL 2003, c. 228, §1, is 
amended to read:
B.  Paying any necessary expenses and liabilities incurred under this chapter, including 
organizational and other necessary expenses and liabilities, whether incurred by the jail 
authority or any county in the jail authority. The jail authority may reimburse either 
county one of the counties in the jail authority for any such expenses incurred or paid 
by that county;
Sec. 16.  30-A MRSA §1951, sub-§1, as enacted by PL 2003, c. 228, §1, is amended 
by amending the first blocked paragraph to read:
Bonds may be issued by the jail authority under this chapter as general obligations of the 
jail authority or as special obligations payable solely from particular funds. The principal, 
premium and interest on all bonds must be payable solely from the funds provided for that 
purpose from revenues.  All bonds issued by the jail authority under this chapter are legal 
obligations of the jail authority and the jail authority is declared to be a quasi-municipal 
corporation within the meaning of section 5701.  Bonds may be issued under this chapter 
without obtaining the consent of any commission, board, bureau or agency of the State.  
Bonds issued by the authority under this section are a municipal security as defined by 
section 5903 and are eligible for purchase by the Maine Municipal Bond Bank.  Except as 
provided in this subchapter, bonds issued under this chapter by the jail authority do not 
constitute a debt or liability of the State or of either county one of the counties in the jail 
authority or a pledge of the faith and credit of the State or either county one of the counties, 
and a statement to that effect must be recited on the face of the bonds.
Sec. 17.  30-A MRSA §1951, sub-§7, as enacted by PL 2003, c. 228, §1, is amended 
to read:
7.  Refunding bonds.  The jail authority formed under this chapter by resolution of its 
board of directors without consent of either county one of the counties may issue refunding 
bonds for the purpose of paying any of its bonds at maturity or upon acceleration of 
maturity or redemption of those bonds. The refunding bonds may be issued at such time 
prior to the maturity or redemption of the refunded bonds as the board of directors 
determines to be in the public interest.  The refunding bonds may be issued in sufficient 
amounts to pay or provide the principal of the bonds being refunded, together with any 
redemption premium on the bonds, any interest accrued or to accrue to the date of payment 
of those bonds, the expenses of issuance of the refunding bonds, the expenses of redeeming 
the bonds being refunded and such reserves for debt service or other capital or current 
expenses from the proceeds of the refunding bonds as may be required by the trust 
agreement or resolution securing bonds.  The issuance of refunding bonds, the maturities 
and other details of the issuance of refunding bonds, the security for the issuance of 
refunding bonds, the rights of the holders of the issuance of refunding bonds and the rights, 
duties and obligations of the jail authority in respect of the same is governed by the 
applicable provisions of this chapter relating to the issuance of bonds.
Sec. 18.  30-A MRSA §1952, sub-§6, as enacted by PL 2003, c. 228, §1, is amended 
to read:
6.  Payment of obligations.  Pay or provide for any and all amounts that the jail 
authority may be obligated to pay or provide for by law or contract, including any resolution 
or contract with or for the benefit of the holders of its bonds and notes and including 
payment of organizational costs to Lincoln County and Sagadahoc County the counties.
Sec. 19.  30-A MRSA §1955, as enacted by PL 2003, c. 228, §1, is amended to read:
§1955.  Bonds issued by counties
For the purpose of assisting the jail authority in financing the multicounty jail 
authorized by this chapter, and notwithstanding any other provision of law to the contrary, 
with consent of the counties, Lincoln County and Sagadahoc County the counties may issue 
general obligation bonds backed by the full faith and credit of the counties.  Proceeds of 
the bonds or any part of the bonds may be either loaned or contributed to the jail authority.  
The issuance of the bonds and the loaning or contributing of funds to the jail authority 
formed under this chapter constitute a valid purpose for which either the county may raise 
or appropriate money.  General obligation bonds issued by either a county under this 
section are municipal securities as defined in section 5903, and are eligible for purchase by 
the Maine Municipal Bond Bank. A county issuing bonds under this section and the jail 
authority receiving the proceeds of the bonds may enter into such contracts and agreements 
as they may agree upon, both with each other and 3rd parties, establish trust or enterprise 
funds to provide for timely payment of the bonds, employ a trustee and do all things that 
may be necessary or convenient to the jail authority or the county to make use of the bonds 
as may be determined by the board of directors and the county commissioners of the county 
issuing bonds.
Sec. 20.  Multicounty jail authority; report.  By December 3, 2025, the board of 
directors of the multicounty jail authority formed pursuant to the Maine Revised Statutes, 
Title 30-A, section 1851 shall submit to the Joint Standing Committee on Criminal Justice 
and Public Safety a report outlining the recommendations for legislative changes, including 
proposed legislation, to Title 30-A, chapter 17, or other provisions of law, necessary to 
allow additional counties to join the multicounty jail authority pursuant to Title 30-A, 
section 1859.  After reviewing the report, the committee may report out related legislation 
to the Second Regular Session of the 132nd Legislature.
SUMMARY
This bill permits the multicounty jail authority to add additional counties to the jail 
authority.  A county that wishes to join the jail authority must hold a public hearing on the 
matter.  If the commissioners of the county wish to join the jail authority, they are required 
to hold an organizational meeting and vote on whether to apply to join the jail authority.  
This vote requires a majority of the county's commissioners.  The jail authority may then 
consider the applying county's application, and hold a vote on whether to accept the county 
into the jail authority.  This vote requires a majority of the authority's directors. 
The bill also changes most references to Lincoln County and Sagadahoc County to 
member counties to be consistent with the potential addition of more counties to the jail 
authority.