Governor signs Sen. Talbot Ross bill to strengthen local control for municipal and county jails

AUGUSTA – On Monday, April 13, Gov. Janet Mills signed into law a bill introduced by Sen. Rachel Talbot Ross, D-Portland, that reaffirms local control for municipal and county jails when dealing with detainees. LD 2058, “An Act to Clarify the Requirement That Municipal and County Jails Be Available at All Times for Detention of Arrested Persons,” ensures that local jails are available for law enforcement to hold detainees, unless the persons are detained solely for a civil violation of federal immigration laws with no accompanying criminal charges.

“LD 2058 is about ensuring this statute reflects both practical realities and Maine values,” said Sen. Talbot Ross. “This law reaffirms an essential expectation in our criminal justice system: jails must reliably serve Maine law enforcement. Those who have served their communities as law enforcement officers understand better than anyone the responsibility that comes with placing a person under arrest, and now LD 2058 ensures they can exercise that responsibility in the name of public safety and constitutional rights. I would like to thank Penobscot County Sheriff Troy Morton and my own sheriff, Kevin Joyce, for all their collaboration and help with this effort.”

LD 2058 clarifies the core responsibility of Maine jails: to be available at all times to receive individuals arrested on criminal charges by Maine state, county and local law enforcement officers. This law now provides clear statutory direction to ensure Maine’s law enforcement professionals can do their jobs and preserve local control when dealing with non-criminal federal immigration detainees. 

The law now reads, “Municipal and county jails shall at all times be available for detention of persons arrested by state or any other law enforcement officers, unless the persons are detained

solely for a civil violation of federal immigration laws.”

As non-emergency legislation, the law will go into effect 90 days after the Legislature adjourns.

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