ALFRED — Maine Department of Corrections Commissioner Joseph Ponte says the current consolidated county jail system is in crisis, and a unified correctional system, similar to those in place in Vermont, Connecticut and Rhode Island, would better serve the state.

But county governments are crying foul, saying that what Ponte is calling a unified system is really a state takeover of the county jails, with the counties continuing to pay the bulk of the tab.

Ponte was a member of a commission appointed last year to study issues with the state Board of Corrections and offer solutions. The commission filed a report in December, and the state Legislature’s Criminal Justice and Public Safety Committee is reviewing its recommendations.

“While I have not seen the commissioner’s letter outlining his plan, by all appearances, it is a state takeover of the facility and the taxpayers’ money,” said York County Manager Greg Zinser, who was a member of the study commission, headed by chairman David Flanagan. “Here again, we have the state coming in, yet again, proposing they can take something over and do it cheaper and do it better. To think that the state can take over a county operation is really completely absurd.”

Ponte surprised members of the Criminal Justice and Public Safety Committee Wednesday when he called for a unified system. Rep. Alan Casavant, D-Biddeford, said the committee has been reviewing the study commission’s recommendations, and Ponte’s move was unexpected.

The commission headed by Flanagan made several recommendations, including giving the Board of Corrections more teeth to require counties offer jail bed space or face consequences, among other recommendations, said Casavant.

Ponte said the current system just isn’t working.

“I don’t think the state system is better than the county system, but I do believe the state system already provides services throughout the state, and is well-positioned to take over the jail operations immediately,” Ponte said.

In a telephone interview Thursday, Ponte said a unified system brings unity of command.

“What we need is consistent rules and regulations, policies and procedures,” he said, pointing out that under a unified system, decisions like whether Franklin County, which wants to revert to a full-fledged jail rather than a 72-hour holding facility, would be made based on needs of the corrections system. Under a unified system, corrections officers would be state employees.

Ponte, citing the makeup of the study commission, said it was clearly a county committee ”“ made up of county administrators and commissioners, two sheriffs, some legislators and three members of the administration.

In a letter to the Criminal Justice and Pubic Safety committee, Ponte wrote that “what has been stated as a funding problem in reality is a lack of fiscal restraint.” He wrote that county jail costs have continued to increase, on an average of 2.4 percent annually. As well, the Board of Corrections “has proven it doesn’t have the will to enforce its current authority and has provided little direction in the last couple of years,” Ponte wrote.

The consolidated system was established by Gov. John Baldacci in 2008, and has struggled since its inception. Under the consolidated system, counties pay a capped amount annually for jail operations and also continue to pay debt they incurred prior to consolidation that is associated with jail construction. York County Jail contributes about $8.3 million under the cap and continues to pay its jail construction debt. The state is required by law to pick up remaining operating costs ”“ and it has ”“ but there have been times when there has been some question whether quarterly payments would be made.

Ponte on Thursday said he doesn’t see the funding formula changing if a switch were made to a unified system.

In the telephone interview, he said he believes the system as currently configured is at a crisis point. He said a unified system isn’t the only alternative, but he believes it is one that can be implemented quickly and will be effective.

He said the ball is in the Legislature’s court, but that he would like to see a resolve this session.

“I’d hate to see what happens with corrections in Maine if there is no solution this session,” Ponte said. “I’d like to see some sort of action that had the likelihood of succeeding this session. We’re in a critical state right now.”

Ponte pointed out that Kennebec County Jail is overcrowded, while there are other county jail beds going empty because counties won’t cooperate.

He said he doesn’t know what course the Criminal Justice and Public Safety Committee will take.

“Maybe we’ll end up in the middle with a stronger Board of Corrections,” Ponte said.

Casavant said the committee is under pressure to act on a number of difficult issues, from this one to funding shortfalls at the Maine Criminal Justice Academy.

“We need a partnership with the executive branch,” the Biddeford lawmaker said.

And, Casavant said, trying to change an entire county jail system over the two months the Legislature will be in session could lead to errors.

Zinser, speaking for York County, said it seemed to him that Ponte’s plan was similar to how the state had been dealing with education and revenue sharing.

“This is a play to take county money and county resources,” Zinser opined.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or twells@journaltribune.com.