The state’s top prison official told lawmakers on Wednesday that Maine is following state and federal laws regarding the placement of transgender inmates.

Four female inmates are suing the Maine Department of Corrections, saying they were repeatedly sexually harassed and assaulted by a transgender prisoner at the women’s prison in Windham.

But Commissioner Randall Liberty defended his office’s handling of the case, saying both state and federal law requires officials to consider requests made by people who are transgender who express concern about their safety. He said the policy is “working well.”

“We are just following the law when we do this,” Liberty said. “That’s all we do. We follow the law.”

A Republican lawmaker questioned whether the prisons were following President Donald Trump’s executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

Liberty said an executive order can’t change the law. He said federal auditors spent three days at the Maine Correctional Facility two weeks ago and “found no concerns.”

Liberty was speaking to the Government Oversight Committee, a powerful bipartisan panel charged with overseeing state agencies.

The committee is looking into the placement of transgender inmates at the request of Rep. Alicia Collins, R-Sidney. It did not take any action to further its inquiry, though the panel could return to the issue at a future date.

The oversight hearing comes amid an active lawsuit. Katie Mountain sued the Department of Corrections in April after she refused to share a cell with Andrea Balcer, who was convicted of killing her parents and family dog in Winthrop in 2016. Balcer was known as Andrew at the time of the incident and began going by Andrea shortly before her trial began.

Mountain accused Balcer of sexual harassment and claims she was punished for not returning to her cell with Balcer, who is being represented by attorney Cynthia Dill. Three other female inmates joined Mountain’s lawsuit late last month.

The complaint states that “Mountain is suffering extreme physical and psychological distress,” while Balcer “continues to enjoy the full panoply of perks, amenities and privileges of living in the Women’s Center.” The lawsuit further alleges that Balcer “enjoys special treatment, privileges and status” because of her gender identity.

Liberty said state and federal laws require prison officials to consider gender identity when placing inmates. He said the state respects the civil rights of each resident equally.

On the federal side, the Prison Rape Elimination Act was enacted in 2003 to establish a zero-tolerance standard for sexual assault. It establishes a screening process to assess the risk of sexual victimization and abusiveness. Decisions are made on a case-by-case basis and a transgender inmate’s own views on their safety are given “serious consideration.” Placements must be reviewed twice a year.

Maine updated its law in 2021 to require Maine prisons to accept “the consistent gender identity of transgender inmates.”

Liberty said officials take allegations of abuse “very seriously” and steps are taken to protect the potential victims during investigations.

Sen. Jeff Timberlake, R-Turner, said that’s not what he’s hearing.

“There is a perception and sometimes perception is reality,” Timberlake said. “There is a certain population of your residents that don’t feel their voices are being heard, that don’t feel they’re being protected, and that’s why we’re here today.”

When asked by Rep. Chad Perkins, R-Dover-Foxcroft, whether assaults had increased after the 2021 state law passed, Liberty said they had not, and read a prepared statement, noting a department-wide drop from 17 a month in 2017 to less than 10 a month this year.

“There are very few assaults that occur at the Maine Correctional Center, and there has not been an increase over time,” Liberty said. “In fact, because of the Maine model of corrections, violence in all of our facilities (has) dramatically decreased.”