Lawmakers press Maine DOC on transgender housing and safety; commissioner defends compliance with federal law

The Joint Legislative Committee on Government Oversight questioned Maine Department of Corrections leadership on whether residents in its custody, particularly transgender residents, are being kept safe and how housing decisions are made.

Commissioner Rand Liberty told the committee the department “follows the law,” citing Title 34 and the federal Prison Rape Elimination Act (PRIA) requirements. Liberty described the department’s model as focused on “dignity and respect,” highlighted education and reentry programs and said the department manages roughly 2,100 residents statewide. He told lawmakers DOC has national and international recognition for its work and offered to provide follow‑up data where authorized.

The committee read federal standards from 28 C.F.R. part 115 into the record, including requirements that housing decisions for transgender and intersex inmates be made on a case‑by‑case basis, be reassessed at least twice a year and that agencies not place LGBT inmates in dedicated facilities solely on the basis of identity. Several legislators pressed whether DOC’s approach gives greater weight to the safety concerns of transgender residents than to others; Liberty said it does not and that all civil rights are respected.

Senator Jeff Timberlake told the commissioner he had received messages suggesting an apparent inconsistency: that transgender women were being allowed in men’s facilities but that transgender men were not being allowed in women’s facilities. Commissioner Liberty said that characterization was inaccurate and offered to provide a count of housing requests and placements if authorized. Representative Chad Perkins asked for PRIA reports and year‑by‑year incident statistics since passage of LD 1044; Liberty said assaults have decreased department‑wide compared with past years and that increased reporting can indicate the system is working because concerns are being surfaced and investigated.

Liberty noted a federal PREA auditor spent three days at the Maine Correctional Center recently and reported no concerns on PRIA compliance. He said DOC investigates allegations promptly, moves an affected person to a safe environment during the investigation and takes appropriate action when substantiated.

The committee did not take formal action on DOC policy at the meeting but accepted the commissioner’s offer to provide requested reports and data for the record and said additional follow‑up questions may be sent.

The hearing record shows committee members repeatedly framed some questions as limited by ongoing litigation and emphasized they sought non‑identifying counts and policy explanations rather than case specifics. The committee also discussed how state statute LD 1044 interacts with federal PRIA standards and whether executive orders or agency rules alter the department’s obligations; Liberty reiterated that federal law is controlling where conflicts exist.

The committee left the matter open for additional information and review.