15 M.R.S. § 3502 — ME Code / Title 15 / Part 6 / Chapter 511 / Section 3502
15 §3502. The Department of Corrections and the Department of Health and Human Services 24-hour referral services
Status: in_force

1. Emergency placement decisions. Placement referral services shall be provided by the Department of Corrections and Department of Health and Human Services as follows. A. The Department of Corrections shall provide for a placement referral service, staffed by juvenile community corrections officers for 24 hours a day. This referral service shall make emergency detention or conditional release decisions pursuant to chapter 505 for all juveniles referred to the department by law enforcement officers. [PL 2001, c. 667, Pt. A, §32 (AMD).] B. The Department of Health and Human Services shall provide for a placement referral service, staffed by personnel 24 hours a day. This referral service shall make emergency placement decisions pursuant to this chapter for all juveniles referred to the department by law enforcement officers. [PL 1981, c. 619, §10 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] [PL 2001, c. 667, Pt. A, §32 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Placement procedures. Emergency placements shall be arranged by juvenile caseworkers or the Department of Health and Human Services' personnel according to procedures and standards jointly adopted by the Department of Corrections and the Department of Health and Human Services. Placement may include voluntary care or short-term emergency services under Title 22, sections 4021 to 4023 . [PL 1985, c. 439, §20 (AMD).]
15 M.R.S. § 5 — ME Code / Title 15 / Part 1 / Chapter 1 / Section 5
15 §5. Warrants for offenses at or near tidewaters; authority of officers
Status: in_force

Any official authorized to issue warrants within any county may issue warrants for offenses committed in or upon the waters so made a part of such county or the waters of any adjoining county. Said warrant shall be returnable in the county where issued and the courts in such county shall have jurisdiction of the offense. Officers have the same authority upon all such waters as they have upon land within the county where the warrant is issued.
15 M.R.S. § 56 — ME Code / Title 15 / Part 1 / Chapter 3 / Section 56
15 §56. Service of criminal process on providers of electronic communication service or providers of remote computing service
Status: in_force

The following provisions apply to a service of criminal process on an electronic communication service provider and a remote computing service provider that are domestic or foreign entities. [PL 2017, c. 144, §3 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following words have the following meanings. A. "Adverse result" means: (1) Immediate danger of death or serious physical injury to any person; (2) Flight from prosecution; (3) Destruction of or tampering with evidence; (4) Intimidation of a potential witness; (5) Seriously jeopardizing an investigation; or (6) Undue delay of a trial. [PL 2019, c. 489, §1 (AMD).] B. "Applicant" means a law enforcement officer who has applied for or received a search warrant pursuant to section 55 or this section. [PL 2017, c. 144, §3 (NEW).] C. "Content information," when used with respect to any wire or electronic communication, includes any information concerning the substance, purport or meaning of that communication. [PL 2017, c. 144, §3 (NEW).] D. "Court" means the Superior Court or the District Court. [PL 2017, c. 144, §3 (NEW).] E. "Criminal process" means a search warrant issued pursuant to Title 5, section 113 ; section 55 ; or this section, or a grand jury subpoena issued pursuant to Rule 17 or 17A of the Maine Rules of Unified Criminal Procedure and this section. [PL 2017, c. 144, §3 (NEW).] F. "Domestic entity" means an entity whose internal affairs are governed by the laws of this State. [PL 2017, c. 144, §3 (NEW).] G. "Electronic communication service" means a service that provides to users the ability to send or receive spoken, wire or electronic communications. [PL 2017, c. 144, §3 (NEW).] H. "Electronic communication service provider" means an entity that provides electronic communication service to the general public. [PL 2017, c. 144, §3 (NEW).] I. "Entity" means an entity as defined in Title 5, section 102, subsection 7 . [PL 2017, c. 144, §3 (NEW).] J. "Foreign entity" means an entity other than a domestic entity. [PL 2017, c. 144, §3 (NEW).] K. "Location information" means information concerning the location of an electronic device, including both the current location and any prior location of the device, that, in whole or in part, is generated, derived from or obtained by the operation of an electronic device. [PL 2017, c. 144, §3 (NEW).] L. "Properly served" means that a search warrant or grand jury subpoena has been: (1) Delivered by hand, or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service or facsimile to a commercial clerk or commercial registered agent as provided in Title 5, section 106 ; Title 5, section 107, subsection 4 ; or this section; (2) Delivered by specific means identified by the provider for service of criminal process, including, but not limited to, e-mail, facsimile or submission via an Internet web portal; or (3) Delivered to the provider's place of business within the State. If service is made pursuant to subparagraph (1) or (3) and the provider promptly notifies the law enforcement agency of the specific means of service identified by the provider pursuant to subparagraph (2) for criminal process, service must be made by the means of service specified by the provider if possible. [PL 2017, c. 144, §3 (NEW).] M. "Provider" means an electronic communication service provider or a remote computing service provider. [PL 2017, c. 144, §3 (NEW).] N. "Remote computing service" means computing storage or processing services provided by means of an electronic communication service. [PL 2017, c. 144, §3 (NEW).] O. "Remote computing service provider" means an entity that provides remote computing service to the general public. [PL 2017, c. 144, §3 (NEW).] [PL 2019, c. 489, §1 (AMD).]

2. Requirements applicable to a foreign entity provider. The following provisions apply to criminal process issued pursuant to this section that requires a search for records that are in the possession or control of a foreign entity provider when those records would reveal the identity of a customer using services, data stored by or on behalf of a customer, a customer's usage of the service, the recipient or destination of communications sent to or from a customer, content information or location information. A. A foreign entity provider served with a search warrant pursuant to this section shall produce to the applicant all records sought, including those records maintained or located outside this State, within 14 days of service. The 14 days may be extended by the court as follows: (1) By the 10th day following service, the foreign entity provider in writing or electronically must notify the law enforcement officer who served the warrant that producing all the records within 14 days is not practicable, the reasons why compliance is not practicable and the date by which the foreign entity provider will complete the production; and (2) The law enforcement officer shall file a notice with the court of the reasons under subparagraph (1). If the court finds that good cause exists for the delay, the court may extend the 14-day period to the date of production specified by the foreign entity provider and the provider is prohibited from asserting that the warrant has expired. For purposes of this paragraph, good cause includes, but is not limited to, impracticability of timely response, difficulty of identifying and retrieving the data requested and the volume of data or number of sources sought. [PL 2017, c. 144, §3 (NEW).] B. A foreign entity provider served with a grand jury subpoena pursuant to this section shall produce to the prosecutor or grand jury all records sought, including those records maintained or located outside this State, by or at the time of the grand jury appearance. The grand jury subpoena must include the address of the prosecutor or grand jury to which the provider must produce the records. [PL 2017, c. 144, §3 (NEW).] C. A foreign entity provider shall verify the authenticity of records that it produces by providing an affidavit that complies with the requirements set forth in the Maine Rules of Evidence, Rule 902(11) if the foreign entity that is the provider of services is governed by the laws of another state and that complies with the requirements set forth in the Maine Rules of Evidence, Rule 902(12) if the foreign entity that is the provider of services is governed by the laws of a foreign country. Admissibility of these records in a court in this State is governed by the Maine Rules of Evidence, Rule 803(6). [PL 2017, c. 377, §1 (AMD).] D. A foreign entity provider that produces records or testifies pursuant to this subsection is immune from criminal or civil liability for the release of the requested information to the court, attorney for the State or law enforcement agency involved in the investigation. [PL 2017, c. 144, §3 (NEW).] [PL 2017, c. 377, §1 (AMD).]

3. Requirements applicable to a domestic entity provider. The following provisions apply to criminal process issued pursuant to this section that requires a search for records that are in the possession or control of a domestic entity provider when those records would reveal the identity of a customer using services, data stored by or on behalf of a customer, a customer's usage of the service, the recipient or destination of communications sent to or from a customer, content information or location information. A. A domestic entity provider, when served with criminal process issued by another state to produce records that would reveal the identity of a customer using services, data stored by or on behalf of a customer, a customer's usage of the service, the recipient or destination of communications sent to or from a customer, content information or location information, shall produce those records as if that criminal process had been issued by a court in this State. [PL 2017, c. 144, §3 (NEW).] B. A domestic entity provider served with a search warrant pursuant to this section shall produce to the applicant all records sought, including those records maintained or located outside this State, within 14 days of service. The 14-day period may be extended by the court as follows: (1) By the 10th day following service, the domestic entity provider in writing or electronically must notify the law enforcement officer who served the warrant that producing all the records within 14 days is not practicable, the reasons why compliance is not practicable and the date by which the domestic entity provider will complete the production; and (2) The law enforcement officer shall file a notice with the court of the reasons under subparagraph (1). If the court finds that good cause exists for the delay, the court may extend the 14-day period to the date of production specified by the domestic entity provider and the provider is prohibited from asserting that the warrant has expired. For purposes of this paragraph, good cause includes, but is not limited to, impracticability of timely response, difficulty of identifying and retrieving the data requested and the volume of data or number of sources sought. [PL 2017, c. 144, §3 (NEW).] C. A domestic entity provider served with a grand jury subpoena pursuant to this section shall produce to the prosecutor or grand jury all records sought, including those records maintained or located outside this State, by or at the time of the grand jury appearance. The grand jury subpoena must include the address of the prosecutor or grand jury to which the provider must produce the records. [PL 2017, c. 144, §3 (NEW).] D. A domestic entity provider shall verify the authenticity of records that it produces by providing an affidavit that complies with the requirements set forth in the Maine Rules of Evidence, Rule 902(11) or on a form provided by the requesting jurisdiction. Admissibility of these records in a court in this State is governed by the Maine Rules of Evidence, Rule 803(6). [PL 2017, c. 144, §3 (NEW).] E. A domestic entity provider that produces records or testifies pursuant to this subsection is immune from criminal or civil liability for the release of the requested information to the court, attorney for the State or law enforcement agency involved in the investigation. [PL 2017, c. 144, §3 (NEW).] [PL 2017, c. 144, §3 (NEW).]

4. Application for expedited production of records. Notwithstanding the 14-day period specified in subsection 2 or 3 for production of the records, if an applicant for a search warrant believes that delaying production is reasonably likely to cause an adverse result, the applicant may request that the court require the production of the records sooner than 14 days after service pursuant to this subsection. A. The applicant shall demonstrate to the court the specific adverse result or results, as specified in subsection 1, paragraph A , subparagraphs (1) to (6), that delaying production for 14 days is reasonably likely to cause. [PL 2019, c. 489, §2 (AMD).] B. If the court finds that the delay may cause an adverse result, the court shall state the adverse result specified in subsection 1, paragraph A , subparagraphs (1) to (6) and may require the provider to produce the records in a specified number of days. [PL 2019, c. 489, §2 (AMD).] C. If the court specifies that the provider has less than 14 days to produce the record and the adverse result finding is listed in subsection 1, paragraph A , subparagraphs (1) to (4), the provider must respond within the time specified by the court. [PL 2017, c. 144, §3 (NEW).] D. If the court specifies that the provider has less than 14 days to produce the record and the only adverse result findings are results listed in subsection 1, paragraph A , subparagraphs (5) and (6), the provider must notify the law enforcement officer serving the warrant that compliance within that period specified by the court is not practicable and must state the date within 14 days from service by which the provider will respond. The law enforcement officer shall file the provider's response with the court, and, upon a demonstration of good cause by the provider, the response period may be extended by the court to no more than 14 days from the date of service of the warrant. As used in this paragraph, good cause includes, but is not limited to, impracticability of timely response, difficulty of identifying and retrieving the data requested and the volume of data or number of sources sought. [PL 2019, c. 489, §2 (AMD).] [PL 2019, c. 489, §2 (AMD).]
15 M.R.S. § 5822 — ME Code / Title 15 / Part 7 / Chapter 517 / Section 5822
15 §5822. Procedure
Status: in_force

1. Filing of petition. [PL 2021, c. 454, §6 (RP).]

2. Jurisdiction and venue. [PL 2021, c. 454, §7 (RP).]

3. Type of action. [PL 2021, c. 454, §8 (RP).]

4. Hearings. [PL 2021, c. 454, §9 (RP).]

5. Default proceedings. [PL 2021, c. 454, §10 (RP).]

6. Preliminary process. Any Justice of the Supreme Judicial Court or the Superior Court, Judge of the District Court or justice of the peace may issue, at the request of the attorney for the State, ex parte, any preliminary order or process as is necessary to seize or secure the property for which forfeiture is or will be sought and to provide for its custody. That order may include an order to a financial institution or to any fiduciary or bailee to require the entity to impound any property in its possession or control and not to release it except upon further order of the court. Process for seizure of the property may issue only upon a showing of probable cause that the property is subject to forfeiture under section 5821 . The application for process and the issuance, execution and return of process is subject to applicable state law. Any property subject to forfeiture under this section may be seized upon process, except that seizure without the process may be made when: A. The seizure is incident to an arrest with probable cause, a search under a valid search warrant or an inspection under a valid administrative inspection warrant; [PL 1987, c. 420, §2 (NEW).] B. The property subject to seizure has been the subject of a prior judgment in favor of the State in a forfeiture proceeding under this section or any other provision of the laws of this State, any other state or the United States; [PL 1987, c. 420, §2 (NEW).] C. There is probable cause to believe that the property has been directly or indirectly dangerous to health or safety; or [PL 1987, c. 420, §2 (NEW).] D. There is probable cause to believe that the property has been used or is intended to be used in violation of any criminal law of this State, any other state or the United States. [PL 1987, c. 420, §2 (NEW).] [RR 1999, c. 2, §18 (COR); RR 1999, c. 2, §19 (AFF).]

7. Rules. After January 1, 1988, the prosecution of proceedings under this chapter shall be governed by rules adopted or amended by the Attorney General, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375 . These rules shall provide standards for prosecution, settlement, approval of settlement and equitable transfer of forfeited property. [PL 1987, c. 420, §2 (NEW).]
15 M.R.S. § 211 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 211
15 §211. Disobedience of officer
Status: in_force

An officer who delivers to the agent for extradition of the demanding state a person in the officer's custody under the Governor's warrant in disobedience of section 210 is guilty of a Class E crime. [RR 2023, c. 2, Pt. D, §16 (COR).]
15 M.R.S. § 3009 — ME Code / Title 15 / Part 6 / Chapter 501 / Section 3009
15 §3009. Information related to reintegration of juvenile into school
Status: in_force

1. Notification to superintendent. When a juvenile in the custody of the Department of Corrections seeks admission to a public school or a private school approved for tuition purposes, the Department of Corrections shall provide notice to the superintendent of the school to which the student is seeking admission or to the superintendent's designee of the availability of information pertaining to the juvenile for use by a reintegration team under Title 20‑A, section 1055, subsection 12 . [PL 2001, c. 452, §1 (NEW).]

2. Release of information. Upon the request of the superintendent or the superintendent's designee under subsection 1 , the Department of Corrections shall release information as authorized under section 3308‑C, subsection 4, paragraph C , subparagraph (3) and Title 34‑A, section 1216, subsection 1, paragraph F to be used by the reintegration team. Information received pursuant to this subsection is confidential and may not be further disseminated, except as otherwise provided by law. [PL 2021, c. 365, §8 (AMD); PL 2021, c. 365, §37 (AFF).]
15 M.R.S. § 2262 — ME Code / Title 15 / Part 4 / Chapter 310-A / Section 2262
15 §2262. Statutory prerequisites for sealing criminal history record information
Status: in_force

Except as provided in section 2262‑A , criminal history record information relating to a specific criminal conviction may be sealed under this chapter only if: [PL 2023, c. 409, §1 (AMD).]

1. Eligible criminal conviction. The criminal conviction is an eligible criminal conviction; [PL 2021, c. 674, §1 (NEW).]

2. Time since sentence fully satisfied. At least 4 years have passed since the person has fully satisfied each of the sentencing alternatives imposed under Title 17‑A, section 1502, subsection 2 for the eligible criminal conviction; [PL 2021, c. 674, §1 (NEW).]

3. Other convictions in this State. The person has not been convicted of another crime in this State and has not had a criminal charge dismissed as a result of a deferred disposition pursuant to Title 17‑A , former chapter 54-F or Title 17‑A, chapter 67, subchapter 4 since the time at which the person fully satisfied each of the sentencing alternatives imposed under Title 17‑A, section 1502, subsection 2 for the person's most recent eligible criminal conviction up until the time of the order; [PL 2021, c. 674, §1 (NEW).]

4. Convictions in another jurisdiction. The person has not been convicted of a crime in another jurisdiction since the time at which the person fully satisfied each of the sentencing alternatives imposed under Title 17‑A, section 1502, subsection 2 for the person's most recent eligible criminal conviction up until the time of the order; and [PL 2023, c. 666, §1 (AMD).]

5. Pending criminal charges. The person does not have any presently pending criminal charges in this State or in another jurisdiction. [PL 2023, c. 666, §2 (AMD).]

6. Age of person at time of commission. [PL 2023, c. 666, §3 (RP).]
15 M.R.S. § 104-A — ME Code / Title 15 / Part 1 / Chapter 5 / Section 104-A
15 §104-A. Release and discharge, hearing, payment of fees
Status: in_force

1. Release and discharge. The term "release," as used in this section, means termination of institutional inpatient residency and return to permanent residency in the community. The head of the institution in which a person is placed under section 103 shall annually forward to the Commissioner of Health and Human Services a report containing the opinion of a staff psychiatrist as to the mental conditions of that person, stating specifically whether the person may be released or discharged without likelihood that the person will cause injury to that person or to others due to mental disease or mental defect. The report must also contain a brief statement of the reasons for the opinion. If a person has been placed in an institution outside the State pursuant to section 103 , the institution of this State required to monitor the person's placement shall forward the report to the commissioner every 6 months. If a person who has been found not criminally responsible by reason of insanity for the crime of murder or a Class A crime and was committed under section 103 is the subject of a report finding that the person may be released, the report must specifically recommend the supervision for the Department of Health and Human Services to provide the person and must specifically include measures for the department to take to provide psychoactive medication monitoring of the person. The commissioner shall immediately file the report in the Superior Court for the county in which the person is committed. If a person has been placed in an institution outside the State, the commissioner shall immediately file the report in the Superior Court for the county in which the institution in this State required to monitor the person's placement is located. The court shall review each report and, if it is made to appear by the report that any person may be ready for release or discharge, the court shall set a date for and hold a hearing on the issue of the person's readiness for release or discharge. The court shall give notice of the hearing and mail a copy of the report to the Attorney General, offices of the district attorney that prosecuted the criminal charges for which the person was committed under section 103 and the offices of the district attorneys in whose district the release petition was filed or in whose district release may occur. At the hearing, the court shall receive the testimony of at least one psychiatrist who has treated the person and a member of the State Forensic Service who has examined the person, the testimony of any independent psychiatrist or licensed clinical psychologist who is employed by the prosecutor and has examined the person and any other relevant testimony. If, after hearing, the court finds that the person may be released or discharged without likelihood that the person will cause injury to that person or to others due to mental disease or mental defect, the court shall order, as applicable: A. Release from the institution, provided that: (1) The order for release includes conditions determined appropriate by the court, including, but not limited to, outpatient treatment and supervision by the Department of Health and Human Services, Division of Mental Health. If the order for release covers a person found not criminally responsible by reason of insanity for the crime of murder or a Class A crime and was committed under section 103 , the order must direct the Department of Health and Human Services to provide the level of supervision necessary, including specific measures to provide psychoactive medication monitoring; and (2) The order for release includes the condition that the person must be returned to the institution immediately upon the order of the commissioner whenever the person fails to comply with other conditions of release ordered by the court; or [PL 2005, c. 464, §1 (AMD).] B. Discharge from the custody of the Commissioner of Health and Human Services. [RR 1995, c. 2, §28 (COR); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).] Release from the institution is subject to annual review by the court and, except for return as ordered by the commissioner under paragraph A , subparagraph (1), must continue until terminated by the court. Each person released under this section remains in the custody of the commissioner. The Commissioner of Health and Human Services shall inform the public safety officer of the municipality or the sheriff's office of the county into which the person is released of the release. [PL 2019, c. 405, §1 (AMD).]

2. Modified release treatment. Any individual committed pursuant to section 103 may petition the Superior Court for the county in which that person is committed for a release treatment program allowing the individual to be off institutional grounds if the individual is monitored by a multidisciplinary treatment team affiliated with the institution and meets face to face with a team member at least every 14 days and with a team member qualified to prescribe medication at least monthly. The petition must contain a report from the institutional staff, including at least one psychiatrist, and the report must define the patient's present condition; the planned treatment program involving absence from the institution; the duration of the absence from the institution; the amount of supervision during the absence; the expectation of results from the program change; and the estimated duration of the treatment program before further change. This petition must be forwarded to the court no later than 60 days prior to the beginning of the modified treatment program. If the court considers that the individual being off the grounds, as described in the treatment plan, is inappropriate, it shall notify the hospital that the plan is not approved and shall schedule a hearing on the matter. The clerk of courts upon receipt of the proposed treatment program shall give notice of the receipt of this program by mailing a copy to the office of the district attorney that prosecuted the criminal charges for which the person was committed under section 103 , the offices of the district attorneys in whose district the release petition was filed or in whose district release may occur and the Attorney General who may file objections and request a hearing on the matter. Representatives of the Attorney General and the office that prosecuted the person may appear at any hearing on the matter. At the hearing, the court shall receive the testimony of a member of the State Forensic Service who has examined the person, any independent psychiatrist or licensed clinical psychologist who is employed by the prosecutor and has examined the person and any other relevant testimony. If the court does not respond within 60 days to the proposed treatment plan and no objections and request for hearing are filed by the district attorney or Attorney General, it may then be put into effect by the administrator of the hospital on the assumption that the court approved the treatment plan. The Commissioner of Health and Human Services shall inform the public safety officer of the municipality or the sheriff's office of the county in which the person will spend any unsupervised time under the release treatment program of that program. [PL 2013, c. 265, §5 (AMD).]

3. Other provisions concerning initial release or discharge. A report must be forwarded and filed and hearings must be held in accordance with subsection 1 , without unnecessary delay when, at any time, it is the opinion of a staff psychiatrist that a patient committed under section 103 may be released or discharged without likelihood that the patient will cause injury to that patient or to others due to mental disease or mental defect. A person committed under section 103 , or the person's spouse or next of kin, may petition the Superior Court for the county in which that person is committed for a hearing under subsection 1 . Upon receiving the petition, the court shall request and must be furnished by the Commissioner of Health and Human Services a report on the mental condition of that person, as described in subsection 1 . A hearing must be held on each petition, and release or discharge, if ordered, must be in accordance with subsection 1 . If release or discharge is not ordered, a petition may not be filed again for the release or discharge of that person for 6 months. Any person released under subsection 1 or the person's spouse or next of kin may at any time after 6 months from the release petition the Superior Court for the county in which that person was committed for that person's discharge under subsection 1 . If discharge is not ordered, a petition for discharge may not be filed again for 6 months. [PL 2005, c. 263, §4 (AMD).]

4. Return to institution upon commissioner's order. The commissioner may order any person released under subsection 1, paragraph A who fails to comply with the conditions of release ordered by the court, as evidenced by the affidavit of any interested person, to return to the institution from which the person was released. A hearing must be held for the purpose of reviewing the order for release within 7 days of the person's return if the person will be detained for 7 or more days. At the hearing, the court shall receive testimony of the psychiatrist who observed or treated the person upon the person's return to the institution, any member of the State Forensic Service who has examined the person upon the person's return and any other relevant testimony. Following hearing, the court may reissue or modify the previous order of release. [RR 2023, c. 2, Pt. D, §5 (COR).]

5. Reinstitutionalization due to likelihood of causing injury. A person released under subsection 1, paragraph A whose reinstitutionalization, due to the likelihood that the person will cause injury to the person or others due to mental disease or mental defect, is considered necessary, upon the verified petition of any interested person, may be brought before any Justice of the Superior Court upon the justice's order. A hearing must be held for the purpose of reviewing the mental condition of the person and the order for release. The court may order the person detained for observation and treatment, if appropriate, at the institution from which the person was released pending the hearing, and that detention may not exceed 14 days. The psychiatrist responsible for the observation or treatment of the person shall report to the court prior to the hearing as to the mental condition of the person, indicating specifically whether the person can remain in the community without likelihood that the person will cause injury to the person or others due to mental disease or mental defect. The court shall receive the testimony of the psychiatrist who observed or treated the person during the period of detention and of any member of the State Forensic Service who has examined the person during the period of detention and any other relevant testimony. Following the hearing, the court may reissue, modify or rescind the previous order of release. [RR 2023, c. 2, Pt. D, §6 (COR).]

6. Involuntary hospitalization; notice; appointed counsel. Any person released under subsection 1, paragraph A , may be admitted to a hospital under any provision of Title 34‑B, chapter 3, subchapter IV, Article 3 , while the order for release is in effect. Notice of any hearing under subsection 1 , 2 , 3 or 5 shall be given to the offices of the district attorney which prosecuted the criminal charges against the person for which the person was acquitted by reason of insanity, the offices of the district attorneys in whose district the release petition was filed or in whose district release may occur and Attorney General at least 7 days before the hearing date. Notice of any hearing under subsection 4 shall be given to the office of the district attorney and Attorney General as soon as possible before the hearing date. Whenever a hearing is to be held under this section, the court shall determine whether the person whose release or discharge is in issue is indigent. If the court finds that the person is indigent, it shall appoint counsel to represent the person in connection with the hearing. Fees for court-appointed counsel for services rendered in connection with any hearing held under this section, or appeal from a decision in any hearing, and the fees of any expert witnesses called by the district attorney, Attorney General or on behalf of the person whose release or discharge is in issue, if indigent, shall be paid by the State. Any such fee to be in order for payment shall be first approved by the justice presiding at the hearing held under this section. [PL 1985, c. 796, §4 (AMD).]
15 M.R.S. § 701 — ME Code / Title 15 / Part 2 / Chapter 101 / Section 701
15 §701. Criminal prosecutions by indictment; excepted cases
Status: in_force

No person shall be held to answer in any court for an alleged offense, unless on an indictment found by a grand jury, except for contempt of court and in the following cases:

1. Use of charging instrument other than an indictment. When a prosecution utilizing a charging instrument other than an indictment is expressly authorized by rule of court; or [PL 1997, c. 4, §1 (RPR).]

2. District Courts and courts martial. In proceedings before the District Court, the District Court acting as a juvenile court and courts martial.
15 M.R.S. § 454 — ME Code / Title 15 / Part 1 / Chapter 17 / Section 454
15 §454. Murder or felony murder; filing copies of proceedings; expenses
Status: in_force

Whenever any person is convicted of murder or felony murder, by jury verdict, court finding or court acceptance of a plea of guilty or nolo contendere, a copy, as applicable, of the transcript of the plea hearing, trial testimony and jury instructions, certified by the Official Court Reporter who created a transcript of the reporter's stenographic notes or the transcriber who created a transcript from the electronically recorded record, must be filed with the clerk of the court where that trial is held, and the expense for the transcript must be paid by the State. A copy, as applicable, of the transcript of the plea hearing, trial testimony and jury instructions, certified by the Official Court Reporter who created a transcript of the reporter’s stenographic notes or the transcriber who created a transcript from the electronically recorded record, must be furnished by the clerk of court to the Secretary of State at no charge for use in any pardon hearing before the Governor, when the individual is indigent. [PL 2015, c. 431, §6 (AMD).]
15 M.R.S. § 1074 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1074
15 §1074. Property of defendant and 3rd parties as bail
Status: in_force

1. Cash. Whenever cash is deposited as bail to secure the appearance of and conformance to conditions of release by a defendant in a criminal proceeding, either preconviction or post-conviction, the cash is deemed to be the property of the defendant unless, at the time the cash is deposited, the defendant or the person offering the cash as bail designates under oath another person to whom the cash belongs. If a person other than the defendant has been designated as the owner of the cash, it must be returned to that person unless otherwise forfeited or subject to setoff under subsection 3-A . If the defendant is deemed to be the owner of the cash, it must be returned to the defendant unless otherwise forfeited or subject to setoff as provided in this section. [PL 2013, c. 211, §1 (AMD).]

1-A. Miscellaneous costs. The Chief Justice of the Supreme Judicial Court is authorized to use General Fund appropriations to cover miscellaneous costs associated with the operation of the account of deposited cash bail. [PL 2003, c. 673, Pt. P, §1 (NEW).]

2. Real estate. When a defendant in a criminal proceeding is the owner of real estate and offers that real estate as security for appearance before any court, the defendant must file a bail lien and otherwise comply with the requirements of section 1071 as if the defendant were a surety. A discharge of the bail lien is governed by section 1071 , unless the bail has been forfeited or is subject to setoff in accordance with this section. [PL 1987, c. 758, §20 (NEW).]

3. Setoff of defendant's property. When a defendant has deposited cash or other property owned by the defendant as bail or has offered real estate owned by the defendant and subject to a bail lien as bail and the cash, other property or real estate has not been forfeited, the court, before ordering the cash or other property returned to the defendant or discharging the real estate bail lien, shall determine whether the cash, other property or real estate or any portion of the cash, other property or real estate is subject to setoff as authorized by this section. The court may order all or a portion of the bail owned by a defendant that has not been forfeited to be first paid and applied to one or more of the following: A. Any fine, forfeiture, penalty or fee imposed upon a defendant as part of the sentence for conviction of any offense arising out of the criminal proceeding for which the bail has been posted and the sentence for conviction of any offense in an unrelated civil or criminal proceeding; [PL 2003, c. 87, §1 (AMD).] B. Any amount of restitution the defendant has been ordered to pay as part of the sentence imposed in the proceeding for which bail has been posted and in any unrelated proceeding; [PL 2003, c. 87, §1 (AMD).] C. Any amount of attorney's fees or other expense authorized by the court at the request of the defendant or attorney and actually paid by the State on behalf of the defendant on the ground that the defendant has been found to be indigent in the proceeding for which bail has been posted and in any unrelated proceeding; and [PL 2003, c. 87, §1 (AMD).] D. Any surcharge imposed by Title 4, section 1057 . [PL 1987, c. 758, §20 (NEW).] The court shall apply any bail collected pursuant to this subsection first to restitution then to attorney's fees and then to fines and surcharges. [PL 2017, c. 284, Pt. UUUU, §15 (AMD).]

3-A. Setoff of 3rd party's property. When a person other than the defendant has deposited cash or other property owned by the person as bail on behalf of the defendant or has offered real estate owned by the person and subject to a bail lien as bail on behalf of the defendant and the cash, other property or real estate has not been forfeited, the court, before ordering the cash or other property returned to the person or discharging the real estate bail lien, shall determine whether the cash, other property or real estate or any portion of the cash, other property or real estate is subject to setoff as authorized by this section. The court may order all or a portion of the bail owned by the person that has not been forfeited to be first paid and applied to one or more of the following: A. Any fine, forfeiture, penalty or fee owed by the person arising out of any civil or criminal proceeding; [PL 2013, c. 211, §1 (NEW).] B. Any amount of restitution the person has been ordered to pay as part of any court proceeding; [PL 2013, c. 211, §1 (NEW).] C. Any amount of attorney's fees or other expense authorized by the court at the request of the person or the person's attorney and actually paid by the State on behalf of the person on the ground that the person has been found to be indigent in any proceeding; and [PL 2013, c. 211, §1 (NEW).] D. Any surcharge imposed by Title 4, section 1057 . [PL 2013, c. 211, §1 (NEW).] The court shall apply any bail collected pursuant to this subsection first to restitution. [PL 2013, c. 211, §1 (NEW).]

4. Enforcement orders. If the court determines that bail owned by a defendant or 3rd party should be ordered set off as authorized by this section, the court may issue any appropriate orders considered necessary to enforce the setoff. The orders may include, but are not limited to: A. A direction to the clerk of courts to pay cash bail directly to a specified person, organization or government; [PL 1987, c. 758, §20 (NEW).] B. An order directed to a public official or the defendant requiring that other property or real estate be sold and the proceeds paid to a specified person, organization or government; and [PL 1987, c. 758, §20 (NEW).] C. An order requiring the defendant to convey clear and marketable title or other evidence of ownership of interest in real estate or other property to a specified person, organization or government. [PL 1987, c. 758, §20 (NEW).] [PL 2013, c. 211, §1 (AMD).]
15 M.R.S. § 652 — ME Code / Title 15 / Part 2 / Chapter 100 / Section 652
15 §652. Exclusions
Status: in_force

This chapter does not apply to: [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

1. Extradition warrants. Warrants issued by the Governor pursuant to the United States Constitution and the Uniform Criminal Extradition Act for the extradition of fugitives from justice, except that the provisions requiring law enforcement officers to be responsible for the execution of warrants are fully applicable to a Governor's warrant; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

2. Other judicial warrants. Other judicial warrants that are generated, maintained and recalled by the individual issuing court and are not maintained in the Maine State Police wanted database. Notwithstanding any provision of this chapter, other judicial warrants retain their full force and effect; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

3. Civil orders of arrest. Civil orders of arrest issued pursuant to Title 14, section 3135 ; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

4. Corrections warrants. Warrants issued by the Department of Corrections for violations of parole, probation or supervised release or for escape or failure to report; [PL 2013, c. 133, §2 (AMD).]

5. Nonjudicial warrants. Warrants issued by other authorities, including but not limited to federal courts and agencies and tribal courts; and [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

6. Search warrants. Warrants issued pursuant to section 55 and the Maine Rules of Unified Criminal Procedure, Rules 41, 41B, 41C and 111 and administrative inspection warrants issued pursuant to the Maine Rules of Civil Procedure, Rule 80E. [PL 2015, c. 431, §7 (AMD).]
15 M.R.S. § 1022 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1022
15 §1022. District Court Judges
Status: in_force

Any District Court Judge or active retired judge shall set preconviction bail for a defendant in a criminal proceeding in accordance with this chapter. When the crime upon examination is found to be one not within the jurisdiction of the District Court, the judge shall set preconviction bail for the defendant to appear before the Superior Court in accordance with this chapter. [PL 1987, c. 758, §20 (NEW).]
15 M.R.S. § 2304 — ME Code / Title 15 / Part 4 / Chapter 311 / Section 2304
15 §2304. Contracts -- Article III
Status: in_force

1. Contracts. Each party state may make one or more contracts with any one or more of the other party states for the care and treatment of mentally disordered offenders on behalf of a sending state in facilities situated in receiving states, or for the participation of such mentally disordered offenders in programs of aftercare on conditional release administered by the receiving state. Any such contract shall provide for: A. Its duration; [PL 1979, c. 303 (NEW).] B. Payments to be made to the receiving state by the sending state for care, treatment and extraordinary services, if any; [PL 1979, c. 303 (NEW).] C. Determination of responsibility for ordering or permitting the furnishing of extraordinary services, if any; [PL 1979, c. 303 (NEW).] D. Participation in compensated activities, if any, available to patients; the disposition or crediting of any payment received by patients on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom; [PL 1979, c. 303 (NEW).] E. Delivery and retaking of mentally disordered offenders; and [PL 1979, c. 303 (NEW).] F. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. [PL 1979, c. 303 (NEW).] [PL 1979, c. 303 (NEW).]

2. Facility. Prior to the construction or completion of construction of any facility for mentally disordered offenders or addition to such facility by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the facility or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the facility to be kept available for use by patients under this compact. Any sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract. [PL 1979, c. 303 (NEW).]

3. Training of personnel. A party state may contract with any one or more other party states for the training of professional or other personnel whose services, by reason of such training, would become available for or be improved in respect of ability to participate in the care and treatment of mentally disordered offenders. Such contracts may provide for such training to take place at any facility being operated or to be operated for the care and treatment of mentally disordered offenders; at any institution or facility having resources suitable for the offering of such training; or may provide for the separate establishment of training facilities, provided that no such separate establishment shall be undertaken, unless it is determined that an appropriate existing facility or institution cannot be found at which to conduct the contemplated program. Any contract entered into pursuant to this subsection shall provide for: A. The administration, financing and precise nature of the program; [PL 1979, c. 303 (NEW).] B. The status and employment or other rights of the trainees; and [PL 1979, c. 303 (NEW).] C. All other necessary matters. [PL 1979, c. 303 (NEW).] [PL 1979, c. 663, §111 (AMD).]

4. Contract not inconsistent. No contract entered into pursuant to this compact shall be inconsistent with any provision thereof. [PL 1979, c. 303 (NEW).]
15 M.R.S. § 212 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 212
15 §212. Prisoner confined in jail
Status: in_force

The officer or person executing the Governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which the prisoner may pass. The keeper of the jail shall receive and safely keep the prisoner until the person having charge of the prisoner is ready to proceed on the person's route, such person being chargeable with the expense of keeping. [RR 2023, c. 2, Pt. D, §17 (COR).]

The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in the other state, and who is passing through this State with such a prisoner for the purpose of immediately returning the prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which the prisoner may pass. The keeper of the jail shall receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the officer's or agent's route, such officer or agent being chargeable with the expense of keeping. The officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that the officer or agent is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state. The prisoner is not entitled to demand a new requisition while in this State. [RR 2023, c. 2, Pt. D, §17 (COR).]
15 M.R.S. § 1071 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1071
15 §1071. Sureties to make statement of property
Status: in_force

1. Statement by surety. Any person who offers to act as surety in the Superior Court for any defendant in a criminal prosecution, whether or not the defendant is an appellant from the finding of a Judge of the District Court, is to be admitted to bail to await the action of the grand jury, or is arrested in vacation on a warrant issued on an indictment pending in the Superior Court, may be required to file with the judicial officer a written statement signed and sworn to by the surety describing all real estate owned by the surety within the State with sufficient accuracy to identify it. A. The statement must provide in detail all encumbrances and the value of the land. The value of the land must be based on the judgment of the surety. [PL 1997, c. 543, §15 (AMD).] B. The certificate must remain on file with the original papers in the case and a certified copy must be transmitted by the judicial officer taking the bail to the clerk of court before which the defendant is to appear. [PL 1997, c. 543, §15 (AMD).] C. Upon motion to the court and notice to the defendant, the defendant shall produce and the State has the right to examine all evidence of ownership, valuation and all encumbrances on the land. [PL 1997, c. 543, §15 (AMD).] [PL 1997, c. 543, §15 (AMD).]

2. Bail lien required. Any person who offers real estate as surety for the appearance before a court of a defendant charged with murder or a Class A, Class B or Class C crime must file a bail lien with the register of deeds in the county where the real estate lies. A. If the defendant is to be bailed prior to appearance in a court for the first time, the person offering the real estate shall file with that court a copy of the lien attested by the register of deeds, stating the date of recording and the book and page number at which the lien is recorded, on the next business day after which the real estate is offered. (1) If a defendant is released from custody, prior to the defendant's first appearance in court, upon a person offering real estate as surety and that person fails to file with the court a duly attested copy of the lien required by this paragraph within the prescribed time limit, the defendant may be taken into custody without the issuance of further process and shall be held as though the surety had not offered real estate as surety. [PL 1987, c. 758, §20 (NEW).] B. If the defendant is bailed after having appeared in court for the first time, the defendant shall not be released from custody until the person offering real estate has filed with the court, with which the bail is posted, a copy of the lien attested by the register of deeds, stating the date of recording and the book and page number at which the lien is recorded. [PL 1987, c. 758, §20 (NEW).] C. The person filing the lien is responsible for the fee to be paid to the register of deeds for receiving, recording and indexing the bail lien and for discharge of the bail lien as provided in Title 33, chapter 11, subchapter IV . [PL 1987, c. 758, §20 (NEW).] D. A bail lien is not required if bail is posted through a nonprofit bail assistance project. [PL 1987, c. 758, §20 (NEW).] [PL 1987, c. 758, §20 (NEW).]

3. Limitation on real estate. As used in this chapter, real estate is limited to real property located in the State. [PL 1987, c. 758, §20 (NEW).]
15 M.R.S. § 395 — ME Code / Title 15 / Part 1 / Chapter 15 / Section 395
15 §395. Background checks of firearms buyers
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Advertisement" means the presentation of a message regarding a firearm for sale by a seller that is: (1) Broadcast on television or radio; (2) Broadly disseminated over the Internet; (3) Printed in magazines or newspapers; or (4) Displayed on a handbill, poster, sign or placard. [PL 2023, c. 675, §6 (NEW).] B. "Buy" means to acquire ownership for monetary or other consideration. [PL 2023, c. 675, §6 (NEW).] C. "Buyer" means a person who buys from a seller. [PL 2023, c. 675, §6 (NEW).] D. "Family member" means a spouse, domestic partner, parent, stepparent, foster parent, child, stepchild, foster child or person related by consanguinity within the 2nd degree. [PL 2023, c. 675, §6 (NEW).] E. "Federally licensed firearms dealer" or "dealer" means a person who is licensed or is required to be licensed as a dealer under 18 United States Code, Section 923(a)(3). [PL 2023, c. 675, §6 (NEW).] F. "Firearm" has the same meaning as in Title 17‑A, section 2, subsection 12‑A . [PL 2023, c. 675, §6 (NEW).] G. "Gun show" means any gathering or exhibition at which any firearm is displayed that is: (1) Open to the public; (2) Not occurring on the permanent premises of a federally licensed firearms dealer; and (3) Conducted principally for the purposes of transactions. [PL 2023, c. 675, §6 (NEW).] H. "Sell" means to transfer ownership for monetary or other consideration. [PL 2023, c. 675, §6 (NEW).] I. "Seller" means a person who sells to a buyer. [PL 2023, c. 675, §6 (NEW).] J. "Transaction" means the transfer of ownership of a firearm from a seller to a buyer. [PL 2023, c. 675, §6 (NEW).] [PL 2023, c. 675, §6 (NEW).]

2. Transactions covered by this section. This section applies only to transactions in which: A. A seller sells to a buyer at a gun show; or [PL 2023, c. 675, §6 (NEW).] B. A seller sells to a buyer as a result of an advertisement. [PL 2023, c. 675, §6 (NEW).] [PL 2023, c. 675, §6 (NEW).]

3. Transactions not covered by this section. This section does not apply to transactions in which: A. The buyer and seller are family members; or [PL 2023, c. 675, §6 (NEW).] B. The transaction is for a firearm that is: (1) A curio or relic, as defined in 27 Code of Federal Regulations, Section 478.11, as in effect on November 19, 2019, and the sale, transfer or exchange is between collectors as defined in 18 United States Code, Section 921(a)(13), as in effect on June 25, 2022, who each have in their possession a valid collector of curios and relics license issued by the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives; or (2) An antique firearm, as defined in 18 United States Code, Section 921(a)(16), as in effect on June 25, 2022. [PL 2023, c. 675, §6 (NEW).] [PL 2023, c. 675, §6 (NEW).]

4. Requirement for transactions covered by this section. A seller who is not a federally licensed firearms dealer may not complete a transaction to which this section applies unless the seller facilitates the transaction through a federally licensed firearms dealer. The dealer shall perform a background check of the putative buyer by using the Federal Bureau of Investigation, National Instant Criminal Background Check System in the same manner as if the dealer were the seller of the firearm that is the subject of the transaction. If the background check reveals that the putative buyer is prohibited from purchasing a firearm, the dealer shall notify the seller of that fact and of the fact that the transaction may not proceed. The dealer may charge a reasonable fee for serving as the facilitator. [PL 2023, c. 675, §6 (NEW).]

5. Violations. A person who sells a firearm in violation of this section commits a Class C crime. [PL 2023, c. 675, §6 (NEW).]
15 M.R.S. § 1901 — ME Code / Title 15 / Part 4 / Chapter 303 / Section 1901
15 §1901. Respondent not to be sentenced to pay costs of court as such
Status: in_force

The Superior Court shall not, in any criminal proceeding, sentence any respondent to pay costs of court as such, but may take costs into consideration and include in any fine imposed a sum adequate to cover all or any part of them without reference to such costs and without taxing them, provided the maximum fine for the particular offense is not exceeded. [PL 1975, c. 775, §2 (RPR).]
15 M.R.S. § 3204 — ME Code / Title 15 / Part 6 / Chapter 505 / Section 3204
15 §3204. Statements not admissible in evidence
Status: in_force

Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made to a juvenile community corrections officer during the course of a preliminary investigation are not admissible in evidence at an adjudicatory hearing against that juvenile if a petition based on the same facts is later filed. [PL 2019, c. 220, §1 (AMD).]

Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made during the course of screening and assessment for participation in a juvenile drug treatment court program if made to a juvenile community corrections officer or to another person reporting on or supervising the juvenile in connection with the program are not admissible in evidence at an adjudicatory or probation violation hearing against that juvenile if a petition or motion to revoke probation based on the same facts is the subject of the hearing. [PL 1999, c. 624, Pt. B, §7 (NEW).]

Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made to a juvenile community corrections officer during an informal adjustment or during a restorative justice program or made to a clinical provider during substance use disorder, sexual behavior or mental health assessment or treatment attended by the juvenile are not admissible in evidence during the State's case in chief at an adjudicatory hearing against that juvenile on a petition based on the same facts that caused the referral for informal adjustment, restorative justice, assessment or treatment. [PL 2019, c. 220, §2 (NEW).]

Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made during school disciplinary proceedings, including but not limited to manifestation determinations, special education meetings, suspension meetings or expulsion hearings, are not admissible in evidence during the State's case in chief at an adjudicatory hearing against the juvenile on a petition based on the same facts that caused the need for the school disciplinary proceedings. [PL 2019, c. 220, §2 (NEW).]

As used in this section, "restorative justice program" means a program in which offenders take responsibility for causing harm and engage in a facilitated process with victims, family members, community members or advocates and others impacted by the harm that focuses on repairing the harm, addressing needs and preventing future harm. [PL 2019, c. 220, §2 (NEW).]
15 M.R.S. § 3312 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3312
15 §3312. Dispositional hearing
Status: in_force

1. Evidence of proper disposition. After making an order of adjudication, the court shall hear evidence on the question of the proper disposition best serving the interests of the juvenile and the public. Such evidence must include, but is not necessarily limited to, the social study and written report, if ordered prepared under section 3311, subsection 3 , and other reports as provided in section 3311, subsection 1 . Any person who would be entitled to address the court pursuant to Title 17‑A, section 2104 if the conduct for which the juvenile has been adjudicated had been committed by an adult, as provided in that section, must be accorded notice of the dispositional hearing and the right to address the court. The Maine Rules of Evidence do not apply in dispositional hearings. [PL 2019, c. 113, Pt. C, §45 (AMD).]

2. Examination of adjudicated juvenile. The court may have the juvenile examined by a physician or psychologist, and may place the juvenile in a hospital or other suitable facility or nonresidential program for this purpose. The cost of such examinations and placements shall be paid in whole or in part by the juvenile's parents. The court shall pay the costs if it finds that the parents are unable to pay or that it is not in the best interest of the juvenile to have the juvenile's parents pay. [PL 1987, c. 400, §1 (AMD).]

3. Continuation of dispositional hearing. A dispositional hearing may be continued in the following circumstances. A. The court may continue the dispositional hearing, either on its own motion or on the motion of any interested party: (1) For a period not to exceed one month to receive reports or other evidence; (2) For a period not to exceed 2 months to allow for service of notice as required in section 3314, subsection 1, paragraph C‑1 or C‑2 ; (3) For a period not to exceed 12 months in order to place the juvenile in a supervised work or service program or a restitution program, or for such other purpose as the court in its discretion determines appropriate. If a supervised work or service program or restitution program has been ordered, the court shall on final disposition consider whether or not there has been compliance with the program so ordered; or (4) For a period not to exceed 15 months in order to place the juvenile in a juvenile drug treatment court program. If a juvenile drug treatment court program has been ordered, the court shall on final disposition consider whether or not there has been compliance with the program so ordered. [PL 2001, c. 508, §1 (AMD).] B. If the hearing is continued, the court shall make an appropriate order for detention of the juvenile or for the juvenile's release in the custody of the juvenile's parents, guardian, legal custodian or other responsible person or agency under such conditions of supervision as the court may impose during the continuance. The court may order a juvenile into the temporary custody of the Department of Health and Human Services only if the following conditions are met: (1) That service of notice of the dispositional hearing as required under section 3314, subsection 1, paragraph C‑1 , has not been made on parents who reside outside the State or whose whereabouts are unknown after a diligent search; (2) That the Department of Health and Human Services has: (a) Received written notice of the hearing on temporary custody at least 10 days before the hearing, provided that the department may waive this 10-day requirement in writing; and (b) Had an opportunity to be heard before any order of temporary custody; (3) That notice under section 3314, subsection 1, paragraph C‑1 , has been served on the juvenile's legal custodian at least 10 days before any order of temporary custody to the Department of Health and Human Services and that the legal custodian has had an opportunity to be heard before the issuance of a temporary order, provided that the juvenile's custodian may waive the 10-day notice requirement if the waiver is in writing and voluntarily and knowingly executed in court before a judge; (4) That the court finds that either: (a) The juvenile does not meet the criteria for detention; or (b) It is not necessary or appropriate to detain the juvenile; and (5) That the court finds by a preponderance of the evidence that: (a) Reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home; (b) Continuation in the juvenile's home during the period required for service of notice under section 3314, subsection 1, paragraph C‑1 , would be contrary to the welfare of the juvenile; and (c) Temporary custody is necessary to provide for the care and support of the juvenile during this period. Any order of temporary custody terminates upon an order of disposition under section 3314 , or automatically 2 months after issuance, whichever occurs first. [PL 1987, c. 720, §4 (RPR); PL 2003, c. 689, Pt. B, §6 (REV).] C. In scheduling investigations and hearings, the court shall give priority to proceedings concerning a juvenile who is in detention or who has otherwise been removed from the juvenile's home before an order of disposition has been made. [PL 1987, c. 720, §4 (RPR).] D. If the court finds, after opportunity for hearing, that a juvenile released with a condition of participation in a juvenile drug treatment court program has intentionally or knowingly violated that condition, the court may impose a sanction of up to 7 days' confinement in a facility approved or operated by the Department of Corrections exclusively for juveniles. Nothing in this paragraph restricts the ability of the court to impose sanctions other than confinement for the violation of a condition of participation in a juvenile drug treatment court program or the ability of the court to enter any dispositional order allowed under section 3314 on final disposition. [PL 2007, c. 96, §4 (AMD).] [PL 2007, c. 96, §4 (AMD).]
15 M.R.S. § 152 — ME Code / Title 15 / Part 1 / Chapter 7 / Section 152
15 §152. Fresh pursuit defined
Status: in_force

The term "fresh pursuit" as used in this chapter includes fresh pursuit as defined by the common law, and the pursuit of a person who has committed a crime punishable by a maximum term of imprisonment equal to or exceeding one year, who is reasonably suspected of having committed such a crime or who is reasonably suspected of operating a motor vehicle while under the influence of intoxicating liquor or drugs. It shall include the pursuit of a person suspected of having committed a supposed crime punishable by a maximum term of imprisonment equal to or exceeding one year, though no such crime has actually been committed, if there is reasonable ground for believing that such a crime has been committed. Fresh pursuit as used in this chapter shall not necessarily imply instant pursuit, but pursuit without unreasonable delay. [PL 1987, c. 791, §1 (AMD).]
15 M.R.S. § 229 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 229
15 §229. Title
Status: in_force

This chapter may be cited as the "Uniform Criminal Extradition Act" and shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
15 M.R.S. § 215 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 215
15 §215. Commitment to await requisition
Status: in_force

If, from the examination by the judge or magistrate of the complaint, affidavits in support thereof, formal charging documents or judgments supplied by the demanding state or any other evidence, including reliable hearsay evidence that may be presented, it appears that the person held is the person charged with having committed the crime alleged and that there is probable cause to believe that the person committed the crime, and that the person is a fugitive from justice, the judge or magistrate shall continue the case and may commit the person to jail, by a warrant specifying the accusation, for any time not exceeding 60 days that enables the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense. [RR 2023, c. 2, Pt. D, §21 (COR).]

The following shall be conclusive on the issue of probable cause: [PL 1977, c. 671, §13 (NEW).]

1. Indictment or information. An indictment or an information issued upon a waiver of indictment; or [PL 1977, c. 671, §13 (NEW).]

2. Charging instrument or warrant. An information or other formal charging instrument or an arrest warrant when they are issued upon a determination of probable cause by a judicial officer in the demanding state. [PL 1979, c. 274, §5-A (AMD).]

The examination shall take place within a reasonable time after arrest, not to exceed 30 days, if the person held has not been admitted to bail, as provided in section 216 . [PL 1977, c. 671, §13 (NEW).]
15 M.R.S. § 2217-A — ME Code / Title 15 / Part 4 / Chapter 309 / Section 2217-A
15 §2217-A. Support in a state mental hospital of persons admitted from county jails
Status: in_force

Persons admitted under section 2211‑A , except convicts in execution of sentence, shall be supported in a state hospital for the mentally ill as provided in Title 34, chapter 195 . [PL 1969, c. 403, §4 (NEW).]
15 M.R.S. § 457 — ME Code / Title 15 / Part 1 / Chapter 17 / Section 457
15 §457. Open pretrial criminal proceeding
Status: in_force

1. Definition of pretrial proceeding. As used in this section, the term "pretrial proceeding" means an appearance before the court at which both parties are present and motions are heard, witnesses testify or evidence is presented, when the appearance occurs after the beginning of the initial appearance of the accused and before the swearing in of the jury or, in a jury waived trial, before the calling of the first witness. [PL 1979, c. 665 (NEW).]

2. Open proceedings. Except as provided by statute, the general public may not be excluded from a pretrial criminal proceeding at which the court hears a motion to exclude evidence from trial, unless the court finds a substantial likelihood that: A. Injury or damage to the accused's right to a fair trial will result from conducting the proceeding in public; [PL 1979, c. 665 (NEW).] B. Alternatives to closure will not protect the accused's right to a fair trial; and [PL 1979, c. 665 (NEW).] C. Closure will protect against the perceived injury or damage. [PL 1979, c. 665 (NEW).] [PL 1979, c. 665 (NEW).]

3. Exceptions. Nothing in this section may be construed: A. To limit the powers of courts to maintain decorum by ordering unruly spectators removed from the courtroom, by reasonably limiting the number of spectators or by exercising similar powers of judges at common law; or [PL 1979, c. 665 (NEW).] B. To require that a proceeding to determine the validity of a claim of evidentiary privilege as provided by the Maine Rules of Evidence be open to the public. [PL 1979, c. 665 (NEW).] [PL 1979, c. 665 (NEW).]
15 M.R.S. § 2309 — ME Code / Title 15 / Part 4 / Chapter 311 / Section 2309
15 §2309. Entry into force -- Article VIII
Status: in_force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any 2 states from among the states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. Thereafter, this compact shall enter into force and become effective and binding as to any other of these states, or any other state upon similar action by such state. [PL 1979, c. 303 (NEW).]
15 M.R.S. § 2263 — ME Code / Title 15 / Part 4 / Chapter 310-A / Section 2263
15 §2263. Motion; persons who may file
Status: in_force

A person may file a written motion seeking a court order sealing the person's criminal history record information relating to a specific criminal conviction in the underlying criminal proceeding based on a court determination that the person satisfies the statutory prerequisites specified in section 2262 or 2262‑A . The written motion must briefly address each of the statutory prerequisites. [PL 2023, c. 409, §3 (AMD).]
15 M.R.S. § 3318-B — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3318-B
15 §3318-B. Disposition of a juvenile found incompetent to proceed
Status: in_force

1. Substantial probability that juvenile will be competent in the foreseeable future. If, following the competency determination hearing pursuant to section 3318‑A, subsection 7 , the Juvenile Court finds that the juvenile is not competent to proceed but additionally finds that there exists a substantial probability that the juvenile will be competent in the foreseeable future, the Juvenile Court shall continue the suspension of the proceedings and refer the juvenile to the Commissioner of Health and Human Services for evaluation and treatment of the mental health and behavioral needs identified in the report of the State Forensic Service examiner under section 3318‑A . A. At the end of 60 days or sooner, at the end of 180 days and at the end of one year following referral, the State Forensic Service shall examine the juvenile and forward a report of the examination to the Juvenile Court relating to the juvenile's competency to proceed and its reasons. Upon receipt of the report the Juvenile Court shall forward the report to the parties and without delay set a date for a conference of counsel or, upon a motion of any party, set a hearing on the question of the juvenile's competency to proceed. If the Juvenile Court finds that the juvenile is not yet competent to proceed, but there exists a substantial probability that the juvenile will be competent to proceed in the foreseeable future, the proceedings must remain suspended pending further review or hearing. [PL 2011, c. 282, §5 (NEW).] B. If more than one year has elapsed since the suspension of the proceedings, the Juvenile Court shall promptly hold a hearing to determine whether based on clear and convincing evidence there exists a substantial probability that the juvenile will be competent in the foreseeable future. Notwithstanding section 3318‑A, subsection 8 , the burden of proof is on the State in any hearing under this paragraph. If the Juvenile Court finds that there does not exist a substantial probability that the juvenile will be competent in the foreseeable future, the Juvenile Court shall further determine whether or not the court should: (1) Order the Commissioner of Health and Human Services to evaluate the appropriateness of providing mental health and behavioral support services to the juvenile; or (2) Order the juvenile into the custody of the Commissioner of Health and Human Services utilizing the procedures set forth in section 3314, subsection 1, paragraph C‑1 for purposes of placement and treatment. At the conclusion of the hearing the Juvenile Court shall dismiss the petition or, if post-adjudication, vacate the adjudication order and dismiss the petition. [PL 2011, c. 282, §5 (NEW).] C. If during the suspension of the proceedings the juvenile reaches 18 years of age, the Juvenile Court may evaluate the appropriateness of placing the juvenile in an appropriate institution for the care and treatment of adults with mental illness or mental retardation for observation, care and treatment. [PL 2011, c. 282, §5 (NEW).] D. The Juvenile Court shall set a time for resumption of the proceedings if at any point it finds, based upon the burden and standard of proof pursuant to section 3318‑A, subsection 8 , that the juvenile is now competent to proceed. [PL 2011, c. 282, §5 (NEW).] [PL 2011, c. 282, §5 (NEW).]

2. No substantial probability that juvenile will be competent in the foreseeable future. If, following the competency determination hearing provided in section 3318‑A, subsection 7 , the Juvenile Court finds that the juvenile is incompetent to proceed and that there does not exist a substantial probability that the juvenile will be competent in the foreseeable future, the Juvenile Court shall promptly hold a hearing to determine whether or not the Juvenile Court should: A. Order the Commissioner of Health and Human Services to evaluate the appropriateness of providing mental health and behavioral support services to the juvenile; or [PL 2011, c. 282, §5 (NEW).] B. Order the juvenile into the custody of the Commissioner of Health and Human Services utilizing the procedures set forth in section 3314, subsection 1, paragraph C‑1 for purposes of placement and treatment. [PL 2011, c. 282, §5 (NEW).] At the conclusion of the hearing the Juvenile Court shall dismiss the petition or, if post-adjudication, vacate the adjudication order and dismiss the petition. [PL 2013, c. 519, §4 (AMD).]

3. Provision of reports. If, following the competency determination hearing provided in section 3318‑A, subsection 7 , the Juvenile Court refers the juvenile to the Commissioner of Health and Human Services for evaluation and treatment, issues an order for the commissioner to evaluate the juvenile or orders the juvenile into the custody of the commissioner pursuant to this section, the Juvenile Court shall ensure that a copy of the report of the State Forensic Service examiner or any other report considered for the competency determination is provided to the commissioner or the commissioner's designee. [PL 2023, c. 136, §7 (NEW).]
15 M.R.S. § 1094 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1094
15 §1094. Forfeiture of bail; enforcement
Status: in_force

When a defendant who has been admitted to either preconviction or post-conviction bail in a criminal case fails to appear as required or has violated the conditions of release, the court shall declare a forfeiture of the bail. The obligation of the defendant and any sureties may be enforced in such manner as the Supreme Judicial Court shall by rule provide and in accordance with section 224‑A and Title 17‑A, section 2015, subsection 4 . The rules adopted by the Supreme Judicial Court must provide for notice to the defendant and any sureties of the consequences of failure to comply with the conditions of bail. [PL 2019, c. 113, Pt. C, §33 (AMD).]

If the obligation of the defendant or any surety has been reduced to judgment pursuant to the Maine Rules of Unified Criminal Procedure, Rule 46, the following provisions apply to the enforcement of the obligation. [PL 2015, c. 431, §16 (AMD).]

1. Execution. The court shall issue an execution of the judgment once the judgment has become final by the expiration of the time for appeal, by dismissal of an appeal or on certificate of decision from the Supreme Judicial Court, unless the court that rendered judgment on the bail obligation has pursuant to rule ordered execution at an earlier time. The execution of the judgment is returnable within one year after issuance. [PL 1991, c. 393, §4 (NEW).]

2. Lien on real estate, personal property and motor vehicles. An execution issued under this section creates the lien described in Title 14, section 4651‑A , if properly filed according to that section. A filing or recording fee may not be charged for any execution issued under this section. [PL 1991, c. 393, §4 (NEW).]

2-A. Violation of unsecured preconviction bail. If the court determines that an offender has violated unsecured preconviction bail and that the violation is not excused, the court shall enter an order of forfeiture of bail, which may not exceed the amount of the unsecured bail previously set. The attorney for the State may take action to collect the amount forfeited using measures authorized for the collection of unpaid restitution under Title 17‑A, section 2006 , including, but not limited to, entering into agreements with the offender for payment over a set period of time not to exceed one year. In order to satisfy an order of forfeiture entered under this subsection, pursuant to Title 36, section 185‑A , the State Tax Assessor may withhold tax refunds owed to an offender. [PL 2019, c. 659, Pt. D, §1 (AMD).]

3. Relation back of liens. The effective date of any execution lien created on any property pursuant to this section and Title 14, section 4651‑A relates back to the date when a bail lien, as described in section 1071 , was first filed or recorded in the proper place for the perfection or attachment of the lien. The relation back applies only to that portion of the bail obligation that the bail lien secured when it was recorded or filed. The remainder of the execution lien and the full amount of any execution lien created when no bail lien was ever recorded or filed, is effective and perfected from the date of the recording or filing of the execution. Any lien created pursuant to this section and Title 14, section 4651‑A continues as long as the judgment issued on the bail obligation or any part of the bail obligation, plus costs and interest, has not been paid, discharged or released. [PL 1991, c. 393, §4 (NEW).]

4. Enforcement. The lien provided by this section may be enforced by a turnover or sale order pursuant to Title 14, section 3131 . [PL 1991, c. 393, §4 (NEW).]

5. Application. This section applies to all bail obligations in effect on or after October 1, 1991 and all bail liens recorded as of or after October 1, 1991. [PL 1991, c. 393, §4 (NEW).]
15 M.R.S. § 714 — ME Code / Title 15 / Part 2 / Chapter 102 / Section 714
15 §714. Intercepted attorney-client communications of jail and correctional facility residents
Status: in_force

1. Intercepted attorney-client communications of jail and correctional facility residents. If the sender or the recipient of an intercepted oral communication or wire communication was, at the time the communication was made, a resident in either a jail or an adult or juvenile correctional facility administered by the Department of Corrections and the other party was an attorney and if the resident demonstrates that the jail or correctional facility had actual or constructive notice at the time the communication was made of the attorney's name and, if the communication involved the use of a telephone, the jail or correctional facility had actual or constructive notice at the time that the communication was made of the attorney's telephone number and the communication was made directly to or from that telephone number: A. The contents of the intercepted oral communication or wire communication and the fact and circumstances of the communication are not admissible in a criminal proceeding, including a proceeding under chapter 305‑A ; [PL 2023, c. 394, Pt. A, §5 (NEW).] B. A person who viewed or listened to the intercepted communication and did not immediately discontinue viewing or listening to the communication as soon as the person had sufficient information to determine that the sender or the recipient of the communication was, at the time the communication was made, a resident in a jail or correctional facility and the other party was an attorney, is disqualified from participating in an investigation of the resident and from appearing as a witness in a criminal proceeding in which the resident is a defendant, including a proceeding under chapter 305‑A; and [RR 2023, c. 2, Pt. A, §23 (COR).] C. A person who viewed or listened to the intercepted communication and saw or heard information that may be relevant to a pending or anticipated charge against the resident or a defense the resident may assert, or may lead to the discovery of that evidence, is disqualified from participating in the investigation of the resident and from appearing as a witness in the pending or anticipated criminal proceeding in which the resident is a defendant, including a subsequent proceeding under chapter 305‑A on the pending or anticipated charge. [PL 2023, c. 394, Pt. A, §5 (NEW).] For purposes of this subsection, the inclusion of the attorney's name and telephone number on a list transmitted by the Maine Commission on Public Defense Services pursuant to Title 4, section 1804, subsection 3, paragraph P to a sheriff's office or to the Department of Corrections constitutes constructive notice to a jail in the same county as the sheriff's office or to all correctional facilities administered by the Department of Corrections, respectively, beginning on the Monday following the transmission. [RR 2023, c. 2, Pt. A, §23 (COR).]

2. Application of other law or rule. This section does not limit the applicability of any other provision of law or of the Maine Rules of Evidence regarding the admissibility or inadmissibility in evidence of attorney-client communications that do not meet the requirements of this section. [PL 2023, c. 394, Pt. A, §5 (NEW).]
15 M.R.S. § 153 — ME Code / Title 15 / Part 1 / Chapter 7 / Section 153
15 §153. State defined
Status: in_force

For the purpose of this chapter the word "state" shall include the District of Columbia.
15 M.R.S. § 104-B — ME Code / Title 15 / Part 1 / Chapter 5 / Section 104-B
15 §104-B. Failure of patient to return
Status: in_force

If any patient committed to the Department of Health and Human Services for care and treatment, under section 103 or 105, is ordered to return to the hospital by the Commissioner of Health and Human Services, law enforcement personnel of the State or of any of its subdivisions shall, upon request of the commissioner, assist in the return of the patient to the hospital. [RR 1995, c. 2, §31 (COR); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §§6, 7 (REV).]
15 M.R.S. § 2138 — ME Code / Title 15 / Part 4 / Chapter 305-B / Section 2138
15 §2138. Motion; process
Status: in_force

1. Filing motion. A person authorized in section 2137 who chooses to move for DNA analysis shall file the motion in the underlying criminal proceeding. The motion must be assigned to the trial judge or justice who imposed the sentence unless that judge or justice is unavailable, in which case the appropriate chief judge or chief justice shall assign the motion to another judge or justice. Filing and service must be made in accordance with Rule 49 of the Maine Rules of Unified Criminal Procedure. [PL 2015, c. 431, §24 (AMD).]

2. Preservation of evidence. If a motion is filed under this chapter, the court shall order the State to preserve during the pendency of the proceeding all evidence in the State's possession or control that could be subjected to DNA analysis. The State shall prepare an inventory of the evidence and submit a copy of the inventory to the defense and the court. If evidence is intentionally destroyed after the court orders its preservation, the court may impose appropriate sanctions. [PL 2001, c. 469, §1 (NEW).]

3. Counsel. If the court finds that the person filing a motion under section 2137 is indigent, the court may appoint counsel for the person at any time during the proceedings under this chapter. [PL 2001, c. 469, §1 (NEW).]

4. Proof required. [PL 2005, c. 659, §2 (RP); PL 2005, c. 659, §6 (AFF).]

4-A. Standard for ordering DNA analysis. The court shall order DNA analysis if a person authorized under section 2137 presents prima facie evidence that: A. A sample of the evidence is available for DNA analysis; [PL 2005, c. 659, §3 (NEW); PL 2005, c. 659, §6 (AFF).] B. The evidence to be tested has been subject to a chain of custody sufficient to establish that the evidence has not been substituted, tampered with, replaced or altered in a material way; [PL 2005, c. 659, §3 (NEW); PL 2005, c. 659, §6 (AFF).] C. The evidence was not previously subjected to DNA analysis or, if previously analyzed, will be subject to DNA analysis technology that was not available when the person was convicted; [PL 2005, c. 659, §3 (NEW); PL 2005, c. 659, §6 (AFF).] D. The identity of the person as the perpetrator of the crime that resulted in the conviction was at issue during the person's trial; and [PL 2005, c. 659, §3 (NEW); PL 2005, c. 659, §6 (AFF).] E. The evidence sought to be analyzed, or the additional information that the new technology is capable of providing regarding evidence sought to be reanalyzed, is material to the issue of whether the person is the perpetrator of, or accomplice to, the crime that resulted in the conviction. [PL 2005, c. 659, §3 (NEW); PL 2005, c. 659, §6 (AFF).] [PL 2005, c. 659, §3 (NEW); PL 2005, c. 659, §6 (AFF).]

5. Court finding; analysis ordered. The court shall state its findings of fact on the record or shall make written findings of fact supporting its decision to grant or deny a motion to order DNA analysis. If the court grants a motion for DNA analysis under this section, the crime lab shall perform DNA analysis on the identified evidence and on a DNA sample obtained from the person. [PL 2001, c. 469, §1 (NEW).]

6. Appeal from court decision to grant or deny motion to order DNA analysis. An aggrieved person may not appeal as a matter of right from the denial of a motion to order DNA analysis. The time, manner and specific conditions for taking that appeal to the Supreme Judicial Court, sitting as the Law Court, are as the Supreme Judicial Court provides by rule. The State may not appeal as a matter of right from a court order to grant a motion to order DNA analysis. The time, manner and specific conditions for taking that appeal to the Supreme Judicial Court, sitting as the Law Court, are as the Supreme Judicial Court provides by rule. [PL 2011, c. 230, §1 (AMD).]

7. Payment. If the person authorized in section 2137 is able, the person shall pay for the cost of the DNA analysis. If the court finds that the person is indigent, the crime lab shall pay for the cost of DNA analysis ordered under this section. [PL 2001, c. 469, §1 (NEW).]

8. Results. The crime lab shall provide the results of the DNA analysis under this chapter to the court, the person authorized in section 2137 and the attorney for the State. Upon motion by the person or the attorney for the State, the court may order that copies of the analysis protocols, laboratory procedures, laboratory notes and other relevant records compiled by the crime lab be provided to the court and to all parties. A. If the results of the DNA analysis are inconclusive or show that the person is the source of the evidence, the court shall deny any motion for a new trial. If the DNA analysis results show that the person is the source of the evidence, the defendant's DNA record must be added to the state DNA data base and state DNA data bank. [PL 2001, c. 469, §1 (NEW).] B. If the results of the DNA analysis show that the person is not the source of the evidence and the person does not have counsel, the court shall appoint counsel if the court finds that the person is indigent. The court shall then hold a hearing pursuant to subsection 10 . [PL 2005, c. 659, §4 (AMD); PL 2005, c. 659, §6 (AFF).] [PL 2005, c. 659, §4 (AMD); PL 2005, c. 659, §6 (AFF).]

9. Request for reanalysis. Upon motion of the attorney for the State, the court shall order reanalysis of the evidence and shall stay the person's motion for a new trial pending the results of DNA analysis. [PL 2001, c. 469, §1 (NEW).]

10. Standard for granting new trial; court's findings; new trial granted or denied. If the results of the DNA testing under this section show that the person is not the source of the evidence, the person authorized in section 2137 must show by clear and convincing evidence that: A. Only the perpetrator of the crime or crimes for which the person was convicted could be the source of the evidence, and that the DNA test results, when considered with all the other evidence in the case, old and new, admitted in the hearing conducted under this section on behalf of the person show that the person is actually innocent. If the court finds that the person authorized in section 2137 has met the evidentiary burden of this paragraph, the court shall grant a new trial; [PL 2005, c. 659, §5 (NEW); PL 2005, c. 659, §6 (AFF).] B. Only the perpetrator of the crime or crimes for which the person was convicted could be the source of the evidence, and that the DNA test results, when considered with all the other evidence in the case, old and new, admitted in the hearing conducted under this section on behalf of the person would make it probable that a different verdict would result upon a new trial; or [PL 2005, c. 659, §5 (NEW); PL 2005, c. 659, §6 (AFF).] C. All of the prerequisites for obtaining a new trial based on newly discovered evidence are met as follows: (1) The DNA test results, when considered with all the other evidence in the case, old and new, admitted in the hearing conducted under this section on behalf of the person would make it probable that a different verdict would result upon a new trial; (2) The proferred DNA test results have been discovered by the person since the trial; (3) The proferred DNA test results could not have been obtained by the person prior to trial by the exercise of due diligence; (4) The DNA test results and other evidence admitted at the hearing conducted under this section on behalf of the person are material to the issue as to who is responsible for the crime for which the person was convicted; and (5) The DNA test results and other evidence admitted at the hearing conducted under this section on behalf of the person are not merely cumulative or impeaching, unless it is clear that such impeachment would have resulted in a different verdict. [PL 2005, c. 659, §5 (NEW); PL 2005, c. 659, §6 (AFF).] The court shall state its findings of fact on the record or make written findings of fact supporting its decision to grant or deny the person authorized in section 2137 a new trial under this section. If the court finds that the person authorized in section 2137 has met the evidentiary burden of paragraph A , the court shall grant a new trial. For purposes of this subsection, "all the other evidence in the case, old and new," means the evidence admitted at trial; evidence admitted in any hearing on a motion for new trial pursuant to Rule 33 of the Maine Rules of Unified Criminal Procedure; evidence admitted at any collateral proceeding, state or federal; evidence admitted at the hearing conducted under this section relevant to the DNA testing and analysis conducted on the sample; and evidence relevant to the identity of the source of the DNA sample. [PL 2015, c. 431, §25 (AMD).]

11. Appeal from a court decision to grant or deny a motion for new trial. The State or an aggrieved person may appeal as a matter of right from a court decision to grant or deny the person a new trial to the Supreme Judicial Court, sitting as the Law Court. The time, manner and specific conditions for taking that appeal to the Supreme Judicial Court, sitting as the Law Court, are as the Supreme Judicial Court provides by rule. [PL 2011, c. 230, §2 (AMD).]

12. Exhaustion. A person who has taken a direct appeal from the judgment of conviction is not precluded from utilizing the remedy of this chapter while the appeal is pending. The resolution of the motion is automatically stayed pending final disposition of the direct appeal unless the Supreme Judicial Court, sitting as the Law Court, on motion otherwise directs. A person who has initiated a collateral attack upon the judgment of conviction under chapter 305‑A is not precluded from utilizing the remedy of this chapter while that post-conviction review proceeding is pending. The resolution of the motion is automatically stayed pending final disposition of the post-conviction review proceeding unless the assigned justice or judge in the post-conviction review proceeding otherwise directs. [PL 2013, c. 266, §6 (AMD).]

13. Victim notification. When practicable, the attorney for the State shall make a good faith effort to give written notice of a motion under this section to the victim of the person described in subsection 1 or to the victim's family if the victim is deceased. The notice must be by first-class mail to the victim's last known address. Upon the victim's request, the attorney for the State shall give the victim notice of the time and place of any hearing on the motion and shall inform the victim of the court's grant or denial of a new trial to the person. [PL 2001, c. 469, §1 (NEW).]

14. Preservation of biological evidence. Effective October 15, 2001, the investigating law enforcement agency shall preserve any biological evidence identified during the investigation of a crime or crimes for which any person may file a postjudgment of conviction motion for DNA analysis under this section. The evidence must be preserved for the period of time that any person is incarcerated in connection with that case. [PL 2001, c. 469, §1 (NEW).]

15. Report. Beginning January 2003 and annually thereafter, the Department of Public Safety shall report on post-conviction DNA analysis to the joint standing committee of the Legislature having jurisdiction over criminal justice matters. The report must include the number of postjudgment of conviction analyses completed, costs of the analyses and the results. The report also may include recommendations to improve the postjudgment of conviction analysis process. [PL 2001, c. 469, §1 (NEW).]
15 M.R.S. § 3401 — ME Code / Title 15 / Part 6 / Chapter 509 / Section 3401
15 §3401. Appeals structure and goals
Status: in_force

1. Structure. Except as otherwise provided, appeals from the juvenile court are to the Supreme Judicial Court. [PL 2015, c. 100, §2 (AMD).]

2. Goals of juvenile appellate structure. The goals of the juvenile appellate structure are: A. To correct errors in the application and interpretation of law; [PL 1979, c. 512, §8 (RPR).] B. To insure substantial uniformity of treatment to persons in like situations; and [PL 1979, c. 512, §8 (RPR).] C. To provide for review of juvenile court decisions so that the legislatively defined purposes of the juvenile justice system as a whole are realized. [PL 1979, c. 512, §8 (RPR).] [PL 1979, c. 512, §8 (RPR).]

3. No right to jury trial. [PL 1979, c. 512, §8 (RP).]

4. Rules. [PL 1979, c. 512, §8 (RP).]
15 M.R.S. § 214 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 214
15 §214. Arrest without warrant; hearing
Status: in_force

The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year; but when so arrested, the accused must be taken before a judge or magistrate with all practicable speed, and complaint must be made against the accused under oath setting forth the ground for the arrest as in section 213. Thereafter the accused's answer must be heard as if the accused had been arrested on a warrant. [RR 2023, c. 2, Pt. D, §20 (COR).]
15 M.R.S. § 1942 — ME Code / Title 15 / Part 4 / Chapter 303 / Section 1942
15 §1942. Duty of clerks to collect fines and costs or to issue process for collection
Status: in_force

A clerk of court, in default of payment to the clerk of fines, forfeitures and bills of costs, shall issue warrants of distress, or such other process therefor as the court finds necessary to enforce the execution of any order, sentence or judgment on behalf of the State, deliver them to the sheriff, or to a constable as the district attorney directs, and enter of record the name of the officer and the time when they are delivered to the officer. [RR 2023, c. 2, Pt. D, §72 (COR).]
15 M.R.S. § 711 — ME Code / Title 15 / Part 2 / Chapter 102 / Section 711
15 §711. Civil remedy
Status: in_force

Any party to a conversation intercepted, disclosed or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses or uses such communications and shall be entitled to recover from any such persons: [PL 1973, c. 561 (NEW).]

1. Damages. Actual damages, but not less than liquidated damages, computed at the rate of $100 per day for each day of violation; and [PL 1979, c. 663, §101 (AMD).]

2. Attorney's fee. A reasonable attorney's fee and other litigation disbursements reasonably incurred. [PL 1973, c. 561 (NEW).]
15 M.R.S. § 806 — ME Code / Title 15 / Part 2 / Chapter 105 / Section 806
15 §806. Complaint adjudged frivolous or malicious; appeal
Status: in_force

If following an examination it appears that an offense has not been committed or that there is not probable cause to charge the accused, on motion of the defendant the judge shall render judgment whether or not the complaint is frivolous or malicious. If the judge judges the complaint to be frivolous or malicious, the judge shall order the complainant to pay the costs of prosecution and shall issue execution in favor of the county and against the complainant for that sum and may receive and pay over those costs to the county treasurer for the use of the county and, if the costs are not paid, the judge shall return the execution to the county commissioners, for the use of the county. The complainant has the same right of appeal as in civil cases. [RR 2023, c. 2, Pt. D, §51 (COR).]
15 M.R.S. § 1321 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1321
15 §1321. Child witnesses in certain sex crime cases
Status: in_force

1. Testimony of a child outside the presence of the defendant. Upon motion by the State prior to trial and with reasonable notice to the defendant, a court may allow a child who is 14 years of age or younger to testify outside the presence of the defendant pursuant to this section in a criminal proceeding concerning a crime under Title 17‑A, chapter 11 or 12 in which the child is the alleged victim. [PL 2021, c. 395, §1 (NEW).]

2. Requirements for direct testimony outside the presence of the defendant. Direct testimony of a child outside the presence of the defendant under subsection 1 must meet the following requirements: A. The testimony must be conducted by way of 2-way closed-circuit television or other audiovisual electronic means; [PL 2021, c. 395, §1 (NEW).] B. The testimony must occur at a recognized children's advocacy center with only a victim or witness advocate present in the room in which the child is testifying; [PL 2021, c. 395, §1 (NEW).] C. The opportunity for real-time cross-examination of the child must be provided to the defendant's attorney after the child's direct testimony; and [PL 2021, c. 395, §1 (NEW).] D. The defendant must be able to observe the testimony of the child while the child is testifying and must be able to communicate with the defendant's attorney while the child is testifying. [PL 2021, c. 395, §1 (NEW).] [PL 2021, c. 395, §1 (NEW).]

3. Exception. This section does not apply if the defendant is an attorney pro se or if the positive identification of the defendant is required. [PL 2021, c. 395, §1 (NEW).]
15 M.R.S. § 5826 — ME Code / Title 15 / Part 7 / Chapter 517 / Section 5826
15 §5826. Criminal forfeiture
Status: in_force

1. Property subject to criminal forfeiture. Notwithstanding any other provision of law, a person convicted of a crime that subjects the person to forfeiture of property under section 5821 forfeits to the State all rights, privileges, interests and claims to that property. All rights, privileges, interest and title in property subject to forfeiture under this section vests in the State upon the commission of the act giving rise to forfeiture pursuant to section 5821 . [PL 2019, c. 97, §4 (AMD).]

2. Commencement of criminal forfeiture action. Property subject to forfeiture may be proceeded against by indictment of the grand jury or by complaint in the District Court in any related criminal proceeding in which a person with an interest in the property has been simultaneously charged with a crime that subjects the person to forfeiture of property under section 5821 . At any time prior to trial, the State, with the consent of the court and any defendant with an interest in the property, may file an ancillary charging instrument or information alleging that property is subject to criminal forfeiture. Discovery in the criminal action must be as provided for by the Maine Rules of Unified Criminal Procedure. [PL 2019, c. 97, §5 (AMD).]

3. Seizure upon indictment. Property subject to forfeiture that has been indicted by the grand jury pursuant to this section may be seized pursuant to section 5822, subsection 6 , except that real property subject to forfeiture pursuant to section 5821, subsection 7 may not be seized without prior notice to and opportunity to be heard by all owners of record or upon a finding by probable cause that prior notice to one or more of the owners is likely to result in the destruction, diminution of value or alienation of interest of the property. [PL 1995, c. 421, §1 (NEW).]

4. Trial proceedings. Trial against property charged by indictment, information or complaint may be by jury and must be held in a single proceeding together with the trial of the related criminal violation. A. Forfeiture of the property must be proved by the State by a preponderance of the evidence. [PL 1999, c. 408, §3 (NEW).] B. The court, in its discretion, may allow any defendant with an interest in property charged pursuant to this section to waive the right to trial by jury as against the property while preserving the right to trial by jury of any crime alleged. [PL 1999, c. 408, §3 (NEW).] C. At trial by jury, the court, upon motion of a defendant or the State, shall separate the trial of the matter against the defendant from the trial of the matter against the property subject to criminal forfeiture. If the court bifurcates the jury trial, the court shall first instruct and submit to the jury the issue of the guilt or innocence of defendants to be determined by proof beyond a reasonable doubt and shall restrict argument of counsel to those issues. If the jury finds a defendant guilty of the related criminal offense, the court shall instruct and submit to the jury the issue of the forfeiture of the property. [PL 1999, c. 408, §3 (NEW).] [PL 1999, c. 408, §3 (AMD).]

5. Ancillary hearing of 3rd-party interests. A person not charged in the indictment may not intervene in the criminal action. Following the entry of a verdict of forfeiture of property pursuant to this section or the entry of a guilty plea in open court on the record, the State shall provide written notice of its intent to dispose of the property to any person known to have alleged an interest in the property. The notice may be by certified, return receipt mail or as otherwise ordered by the court. Receipt by a person then licensed to operate a motor vehicle in the State is presumed when notice is mailed to the last known address of that person on file with the Secretary of State, Bureau of Motor Vehicles. A person other than the defendant asserting a legal interest in the property, within 30 days of the date of receipt of the notice, may petition the court for a hearing to adjudicate the validity of any alleged interest in the property. The hearing must be held before the court without jury. The request for the hearing must be signed by the petitioner under penalty of perjury and must state the nature and extent of the petitioner's right, title or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title or interest in the property, any additional facts supporting the petitioner's claim and the relief sought. Upon the filing of any petition for hearing, the hearing may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require but in no event may the hearing be scheduled later than 6 months after the petition is filed or after the sentencing of any defendant convicted upon the same indictment. The court shall issue or amend a final order of forfeiture in accordance with its determination if, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that: A. The petitioner has a legal right, title or interest in the property and the right, title or interest renders the order of forfeiture invalid in whole or in part because the right, title or interest was vested in the petitioner rather than in any defendant or was superior to any right, title or interest to the exclusion of any defendant at the time of the commission of the acts that gave rise to the forfeiture of the property under this section; or [PL 1995, c. 421, §1 (NEW).] B. The petitioner is a bona fide purchaser for value of the right, title or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section. [PL 1995, c. 421, §1 (NEW).] [PL 2011, c. 559, Pt. A, §14 (AMD).]

6. Final order of disposition of property; public education campaign. Following the entry of a verdict of forfeiture of property pursuant to this section or the entry of a guilty plea in open court on the record and following the court's disposition of all petitions for hearing timely filed by 3rd parties, the State has clear title to property that is the subject of the indictment, information or complaint. The final order must provide for the deposit of the property, the proceeds from the disposition of the property and any cash seized or forfeited, less any outstanding restitution, which must be sent to the office of the attorney for the State who prosecuted the case, then the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice, in the General Fund, except that, to the extent that the court finds it reasonable, the court may order forfeiture of as much of the property as is appropriate, less the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice, to a municipality, county or state agency that has made a substantial contribution to the investigation or prosecution of a related criminal case or, upon request of the investigating agency or the prosecuting agency, to a law enforcement agency in this State that provides case management and other social services to persons affected by crimes that are subject to forfeiture of property under this chapter. [PL 2023, c. 196, §1 (AMD).]

7. Default proceedings. Upon motion of the State, the court having jurisdiction over a criminal forfeiture matter may declare a default judgment of forfeiture if the court finds as follows: A. By clear and convincing evidence that: (1) There was probable cause to support the seizure of the property at the time of its seizure; (2) The interested party has knowledge of the seizure of the property or the property was seized under circumstances in which a reasonable person would have knowledge of the seizure of that person's property; and (3) The interested party has failed to appear for any court appearance in accordance with Title 17‑A, chapter 45 for a violation that forms the basis of the forfeiture, and that a warrant of arrest for the interested party for such failure to appear has been outstanding for 6 months or more; and [PL 1999, c. 395, §1 (NEW).] B. By a preponderance of the evidence that the State is entitled to a judgment of forfeiture pursuant to chapter 517 . [PL 1999, c. 395, §1 (NEW).] The State may meet its burden under paragraphs A and B by presentation of testimony or affidavit. The interested party has 30 days from the date of the declaration of default judgment of forfeiture to appear before the court in person, submit to its jurisdiction on the companion criminal charge and to petition the court to remove the default judgment. Post-default proceedings are governed by section 5825 . [PL 1999, c. 395, §1 (NEW).]

7. (REALLOCATED TO T. 15, §5826, sub-§8) Equitable transfer of forfeited assets. [RR 1999, c. 1, §24 (RAL); PL 1999, c. 408, §4 (NEW).]

8. (REALLOCATED FROM T. 15, §5826, sub-§7) Equitable transfer of forfeited assets. In the case of any asset forfeited under this section to any entity other than the State, transfer of title to the asset may not occur until the transfer is approved by: A. In the case of an agency or department of a county, a majority of the commissioners of the county; and [RR 1999, c. 1, §24 (RAL).] B. In the case of an agency or department of a municipality, the municipal officers of the municipality. [RR 1999, c. 1, §24 (RAL).] When property is forfeited and transferred to a municipality in accordance with this section, the municipal officers of the municipality shall determine the disposition of the property. When property is forfeited and transferred to a county in accordance with this section, the county commissioners shall determine the disposition of the property. [RR 1999, c. 1, §24 (RAL).]

9. Exceptions to requirement for conviction. A conviction is not required for seizure only as provided in this subsection. A. Nothing in this chapter prevents property from being forfeited as part of: (1) A plea agreement; or (2) A grant of immunity or reduced punishment, with or without the filing of a criminal charge, in exchange for testifying or assisting a law enforcement investigation or prosecution. [PL 2021, c. 454, §13 (NEW).] B. The court may waive the conviction requirement in this section and grant title to the property to the State if the State files a motion no fewer than 90 days after seizure and shows by a preponderance of the evidence that, before conviction, the defendant: (1) Died; (2) Was deported by the United States Government; (3) Abandoned the property; or (4) Fled the jurisdiction. [PL 2021, c. 454, §13 (NEW).] [PL 2021, c. 454, §13 (NEW).]
15 M.R.S. § 3103 — ME Code / Title 15 / Part 6 / Chapter 503 / Section 3103
15 §3103. Juvenile crimes
Status: in_force

1. Definition. The term "juvenile crime," as used in this Part, means the following offenses: A. Conduct that, if committed by an adult, would be defined as criminal by Title 17‑A , the Maine Criminal Code, or by any other criminal statute outside that code, including any rule or regulation under a statute; [PL 2025, c. 431, §7 (AMD).] B. Offenses involving illegal drugs or drug paraphernalia as follows: (1) The possession of a useable amount of cannabis, as provided in Title 22, section 2383, subsection 1‑A, unless the juvenile is authorized to possess cannabis for medical use pursuant to Title 22, chapter 558‑C; (2) The use or possession of drug paraphernalia as provided in Title 17‑A, section 1111‑A, subsection 4‑B ; and (3) Illegal transportation of drugs by a minor as provided in Title 22, section 2389, subsection 2; [PL 2017, c. 1, §19 (AMD); PL 2021, c. 669, §5 (REV).] C. Offenses involving intoxicating liquor, as provided in Title 28‑A, sections 2051 and 2052 and offenses involving refusal to provide proper identification as provided in Title 28‑A, section 2087 ; [PL 2003, c. 305, §2 (AMD).] C-1. [PL 1995, c. 470, §2 (RP).] D. [PL 2009, c. 93, §2 (RP).] E. [PL 2025, c. 431, §7 (RP).] F. [PL 2025, c. 431, §7 (RP).] G. A violation of section 393, subsection 1, paragraph C or section 393, subsection 1‑A ; and [PL 2003, c. 688, Pt. A, §12 (RPR).] H. A willful refusal to pay a fine imposed by court order or willful failure to comply with the terms of any other court order. [PL 2025, c. 431, §7 (AMD).] [PL 2025, c. 431, §7 (AMD).]

2. Dispositional powers. All of the dispositional powers of the Juvenile Court provided in section 3314 apply to a juvenile who is adjudicated to have committed a juvenile crime, except that no commitment to a Department of Corrections juvenile correctional facility or period of confinement may be imposed for conduct described in subsection 1, paragraphs B and C . [PL 2007, c. 96, §1 (AMD).]
15 M.R.S. § 704 — ME Code / Title 15 / Part 2 / Chapter 101 / Section 704
15 §704. Arrests without warrant; liability
Status: in_force

A sheriff, deputy sheriff, constable, city or deputy marshal or police officer shall arrest and detain persons found violating any law of the State or any legal ordinance or bylaw of a town until a legal warrant can be obtained and may arrest and detain those persons against whom a warrant has been issued though the officer does not have the warrant in the officer's possession at the time of the arrest, and the officer is entitled to legal fees for that service; but if, in so doing, the officer acts wantonly or oppressively, or detains a person without a warrant longer than is necessary to procure it, the officer is liable to that person for the damages suffered thereby. [RR 2023, c. 2, Pt. D, §47 (COR).]
15 M.R.S. § 2262-A — ME Code / Title 15 / Part 4 / Chapter 310-A / Section 2262-A
15 §2262-A. Special statutory prerequisites for sealing criminal history record information related to engaging in prostitution
Status: in_force

Criminal history record information relating to a criminal conviction for engaging in prostitution under Title 17‑A , former section 853-A must be sealed under this chapter if: [PL 2023, c. 409, §2 (NEW).]

1. Eligible criminal conviction. The criminal conviction is an eligible criminal conviction; [PL 2023, c. 409, §2 (NEW).]

2. Time since sentence fully satisfied. At least one year has passed since the person has fully satisfied each of the sentencing alternatives imposed under Title 17‑A, section 1502, subsection 2 for the eligible criminal conviction; and [PL 2023, c. 409, §2 (NEW).]

3. Other convictions. The person has not been convicted of a violation of Title 17‑A, section 852 , 853 , 853‑B or 855 or for engaging in substantially similar conduct in another jurisdiction. [PL 2023, c. 409, §2 (NEW).]
15 M.R.S. § 203 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 203
15 §203. Form of demand
Status: in_force

1. Persons accused of a crime. No demand for the extradition of a person accused, but not yet convicted, of a crime in another state shall be recognized by the Governor of this State unless made in writing and containing the following: A. An allegation that the accused is a fugitive from justice, as defined in section 201, subsection 4, paragraph A. The allegation is sufficient if it alleges that the accused was present in the demanding state at the time of the commission of the alleged crime and that the accused thereafter left the demanding state; or that the accused committed an act in this State or in a 3rd state, or elsewhere, resulting in or constituting a crime in the demanding state; and [RR 2023, c. 2, Pt. D, §10 (COR).] B. A copy of an indictment returned; or an information issued upon a waiver of indictment; or an information or other formal charging instrument issued upon a determination of probable cause by a judicial officer in the demanding state or accompanied by an arrest warrant issued upon a determination of probable cause by a judicial officer in the demanding state; or any other formal charging instrument, together with any affidavits in support thereof, or in support of an arrest warrant, which support a finding of probable cause; or an affidavit which supports a finding of probable cause. The indictment, information, other formal charging instrument or affidavit shall substantially charge the person demanded with having committed a crime under the law of that state, and the copy shall be authenticated by the executive authority making the demand. [PL 1979, c. 274, §1-B (AMD).] [RR 2023, c. 2, Pt. D, §10 (COR).]

2. Person convicted of a crime. No demand for the extradition of a person convicted of a crime in another state shall be recognized by the Governor of this State unless made in writing and containing the following: A. A statement by the executive authority of the demanding state that the person demanded is a fugitive from justice, as defined in section 201, subsection 4, paragraph B ; and [PL 1981, c. 317, §2 (AMD).] B. A copy of the judgment of conviction or of the sentence imposed in execution thereof, which has been authenticated by the executive authority making the demand. [PL 1977, c. 671, §5 (NEW).] [PL 1981, c. 317, §2 (AMD).]

3. Defects in written demand. Defects in the written demand of the executive authority of another state or in any accompanying document or in the application for requisition may be remedied at any time, including at the hearing allowed by section 210 , by new or amended documents or by other evidence. [PL 1977, c. 671, §5 (NEW).]

4. Showing of substantial prejudice. Notwithstanding any other provision of law, defects in the written demand of the executive authority of another state or in any accompanying document or in the application for requisition may not be raised as a defense to extradition, in a petition contesting extradition pursuant to sections 210 and 210‑A, unless it is shown by the petitioner that any such defect is substantially prejudicial to the petitioner. [RR 2023, c. 2, Pt. D, §11 (COR).]

5. Exception; legally protected health care activity. Notwithstanding any provision of state law to the contrary and except as required by federal law, the Governor may not surrender a person charged in another state as a result of the person's engaging in legally protected health care activity or aiding and assisting legally protected health care activity unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense and that thereafter the accused fled from the demanding state. For purposes of this subsection, "aiding and assisting legally protected health care activity" and "legally protected health care activity" have the same meanings as in Title 14, section 9002, subsections 1 and 8 , respectively. [PL 2023, c. 648, Pt. C, §1 (NEW).]
15 M.R.S. § 3404 — ME Code / Title 15 / Part 6 / Chapter 509 / Section 3404
15 §3404. Counsel on appeal
Status: in_force

A juvenile or other party specified in section 3402, subsection 2, paragraph B , who is indigent shall be entitled to appointment of counsel. [PL 1979, c. 512, §11 (RPR).]

1. [PL 1979, c. 512, §11 (RP).]

2. [PL 1979, c. 512, §11 (RP).]
15 M.R.S. § 55 — ME Code / Title 15 / Part 1 / Chapter 3 / Section 55
15 §55. Search warrants; issuance by justice, judge or justice of the peace
Status: in_force

A justice of the Superior Court, a judge of the District Court or a justice of the peace shall issue search warrants for any place in the State for such purposes as the United States Constitution and the Constitution of Maine permit, including with respect to any violation over which the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians exercises exclusive jurisdiction under Title 30, section 6209‑A , 6209‑B or 6209‑C . The evidence presented to the magistrate in support of the search warrant may consist of affidavits and other evidence under oath or affirmation that is capable of being reduced to a record for purposes of review. The application for the search warrant and supporting information and evidence must be submitted in accordance with rules adopted by the Supreme Judicial Court, except that, following the establishment of a statewide electronic warrant system as provided in Title 4, section 17, subsection 18 , the filing of the application and supporting information and evidence may be done electronically, if presented to a justice of the Superior Court or a judge of the District Court or a justice of the peace authorized by rule of the Supreme Judicial Court to issue warrants electronically, and the warrant issued and returned electronically. The Supreme Judicial Court shall by rule provide the procedure of the application for and issuance of search warrants. When no procedure is specified by the Supreme Judicial Court, the justice, judge or justice of the peace shall proceed in any reasonable manner that is authorized by this section, that, if presented electronically, conforms to the requirements of Title 4, section 17, subsection 18 and that will allow the issuance of a search warrant for any constitutional purpose. A justice, a judge or a justice of the peace shall issue a search warrant for a domestic or foreign entity that is a provider of electronic communication service or a provider of remote computing service in accordance with the provisions of this section and section 56 . [PL 2021, c. 684, §4 (AMD).]
15 M.R.S. § 5821-B — ME Code / Title 15 / Part 7 / Chapter 517 / Section 5821-B
15 §5821-B. Property not subject to forfeiture based on adult use of cannabis
Status: in_force

Property is not subject to forfeiture under this chapter if the activity that subjects the person's property to forfeiture is the adult use of cannabis pursuant to a license issued under Title 28‑B, chapter 1 or relating to the personal adult use of cannabis pursuant to Title 28‑B, chapter 3 and the person meets all applicable requirements for the adult use of cannabis pursuant to Title 28‑B . [PL 2017, c. 409, Pt. B, §2 (NEW); PL 2021, c. 669, §5 (REV).]
15 M.R.S. § 1051 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1051
15 §1051. Post-conviction bail
Status: in_force

1. Application to presiding judge or justice. After post-conviction, except as provided in this section, a defendant may apply to the judge or justice who presided at the trial for bail pending imposition or execution of sentence or entry of judgment or appeal. If the trial judge or justice is not available, the defendant may apply for bail under this section to another judge or justice of the court in which the defendant was convicted. Post-conviction bail is not available to a defendant convicted of: A. Murder; [PL 1987, c. 758, §20 (NEW).] B. Any other formerly capital offense for which preconviction bail was denied under section 1027 ; or [PL 1995, c. 356, §8 (AMD).] C. Any crime when the defendant's preconviction bail was revoked and denied under sections 1096 and 1097 . [PL 1995, c. 356, §8 (AMD).] The judge or justice shall hold a hearing on the record on the bail application and shall state in writing or on the record the reasons for denying or granting bail. If bail is granted, the judge or justice shall also state, in writing or on the record, the reasons for the kind and amount of bail set, for any condition of release imposed and for the omission of any condition of release sought by the State. The judge or justice may enter an order for bail pending appeal before a notice of appeal is filed, but conditioned upon its timely filing. Every order for post-conviction release of a defendant must include a waiver of extradition by the defendant as well as a condition of bail that the defendant refrain from new criminal conduct and not violate any pending protection from abuse order pursuant to former Title 19, section 769, Title 19‑A, former section 4011 or Title 19‑A, section 4113 . [PL 1997, c. 543, §12 (AMD); PL 2021, c. 647, Pt. B, §11 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

2. Standards. Except as provided in subsection 4 , a defendant may not be admitted to bail under this section unless the judge or justice has probable cause to believe that: A. There is no substantial risk that the defendant will fail to appear as required and will not otherwise pose a substantial risk to the integrity of the judicial process; [PL 1997, c. 543, §13 (AMD).] B. There is no substantial risk that the defendant will pose a danger to another or to the community; and [PL 1997, c. 543, §13 (AMD).] C. There is no substantial risk that the defendant will commit new criminal conduct. [PL 1997, c. 543, §13 (NEW).] In determining whether to admit a defendant to bail, the judge or justice shall consider the factors relevant to preconviction bail listed in section 1026 , as well as the facts proved at trial, the length of the term of imprisonment imposed and any previous unexcused failure to appear as required before any court or the defendant's prior failure to obey an order or judgment of any court, including, but not limited to, violating a protection from abuse order pursuant to former Title 19, section 769, Title 19‑A, former section 4011 or Title 19‑A, section 4113 . If the judge or justice decides to set post-conviction bail for a defendant, the judge or justice shall apply the same factors in setting the kind and amount of that bail. [PL 2007, c. 374, §12 (AMD); PL 2021, c. 647, Pt. B, §12 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

2-A. Violation of probation; standards. This subsection governs bail with respect to a motion to revoke probation. A. A judge or justice may deny or grant bail. [PL 2015, c. 436, §5 (NEW).] B. In determining whether to admit the defendant to bail and, if so, the kind and amount of bail, the judge or justice shall consider the nature and circumstances of the crime for which the defendant was sentenced to probation, the nature and circumstances of the alleged violation and any record of prior violations of probation as well as the factors relevant to the setting of preconviction bail listed in section 1026 . [PL 2015, c. 436, §5 (NEW).] [PL 2015, c. 436, §5 (NEW).]

3. Conditions of release. Except as provided in subsection 4 , the judge or justice may impose, in lieu of or in addition to an appearance or bail bond, any condition considered reasonably necessary to minimize the risk that the defendant may fail to appear as required, may compromise the integrity of the judicial process, may commit new criminal conduct, may fail to comply with conditions of release or may constitute a danger to another person or the community. [PL 1997, c. 543, §14 (AMD).]

4. Standards applicable to bail arising out of State's appeal under section 2115-A, subsection 2. If the State initiates an appeal under section 2115‑A, subsection 2 , the judge or justice shall apply subchapter II to a defendant's application for bail pending that appeal. [PL 1987, c. 758, §20 (NEW).]

5. Appeal by defendant. A defendant may appeal to a single Justice of the Supreme Judicial Court a denial of bail, the kind or amount of bail set or the conditions of release imposed by which the defendant is aggrieved. The single justice may not conduct a hearing de novo respecting bail, but shall review the lower court's order. The defendant has the burden of showing that there is no rational basis in the record for the lower court's denial of bail, the kind or amount of bail set or the conditions of release imposed of which the defendant complains. The determination by the single justice is final and no further relief is available. [PL 1999, c. 731, Pt. ZZZ, §12 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

6. Appeal by State. The State may appeal to a single Justice of the Supreme Judicial Court the granting of bail, the kind or amount of bail set or the lower court's failure to impose a condition of release. The single justice may not conduct a hearing de novo respecting bail, but shall review the lower court's order. The State has the burden of showing that there is no rational basis in the record for the lower court's granting of bail, the kind or amount of bail set or the omission of the conditions of which the State complains. The determination by the single justice is final and no further relief is available. [PL 1999, c. 731, Pt. ZZZ, §12 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

7. Revocation of bail. [PL 1991, c. 393, §1 (RP).]

7-A. Revocation of post-conviction bail. [PL 1995, c. 356, §10 (RP).]

8. Failure to appear; penalty. [PL 1995, c. 356, §11 (RP).]

9. Violation of condition of release; penalty. [PL 1995, c. 356, §12 (RP).]
15 M.R.S. § 3315-A — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3315-A
15 §3315-A. Termination of parental rights
Status: in_force

When a juvenile is in the custody of the Department of Health and Human Services, Title 22, chapter 1071, subchapter VI also applies. [PL 2001, c. 696, §7 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
15 M.R.S. § 706 — ME Code / Title 15 / Part 2 / Chapter 101 / Section 706
15 §706. District Court; warrants
Status: in_force

Judges of District Courts have all authority and powers formerly granted by law to judges of municipal courts. [PL 1999, c. 368, §1 (AMD).]

When a complaint or an information charging a person with the commission of an offense, or a duly authenticated arrest warrant issued by the Tribal Court of the Passamaquoddy Tribe or the Penobscot Nation, is presented to any Judge of the District Court, to a justice of the peace or to any other officer of the District Court authorized to issue process, the judge, justice of the peace or other officer shall issue a warrant in the name of the District Court for the arrest of that person, in that form and under the circumstances that the Supreme Judicial Court provides by rule. A clerk of the District Court may accept a guilty plea upon payment of fines as set by the judge. [PL 1999, c. 368, §1 (AMD).]

A Judge of the District Court may try those brought before the judge for offenses within the judge's jurisdiction, although the penalty or fine accrues wholly or partly to the municipality of which the judge is a resident. [PL 1999, c. 368, §1 (AMD).]
15 M.R.S. § 1251 — ME Code / Title 15 / Part 3 / Chapter 203 / Section 1251
15 §1251. List of grand jurors
Status: in_force

Prior to the commencement of each term of the court to which grand jurors are returned, in any county, the clerk of the court shall make out from the returns on the venires an alphabetical list of such jurors.
15 M.R.S. § 103-A — ME Code / Title 15 / Part 1 / Chapter 5 / Section 103-A
15 §103-A. Commitment affected by certain sentences
Status: in_force

1. Interruption of commitment. When a person while in the custody of the Commissioner of Health and Human Services pursuant to a commitment order under section 103 is found by a court to be in violation of the person's conditional release for a Maine conviction and new institutional confinement is ordered, or a person commits a Maine crime for which the person is subsequently convicted and the sentence imposed includes a straight term of imprisonment or a split sentence, the person must be placed in execution of that punishment, and custody pursuant to the commitment order under section 103 must automatically be interrupted thereby. In the event execution of that punishment is stayed pending appeal, the commitment under section 103 continues for the stay's duration. The person must be returned to the custody of the Commissioner of Health and Human Services pursuant to the commitment order under section 103 when the new institutional confinement ordered or the straight term of imprisonment or the unsuspended portion of the split sentence imposed has been fully served. [PL 2007, c. 475, §3 (NEW).]

2. Commencement of commitment. When a person subject to an undischarged straight term of imprisonment or to an unsuspended portion of a split sentence for a Maine conviction is, for a different Maine offense, found not criminally responsible by reason of insanity or is the recipient of a negotiated insanity plea, the person must first serve the undischarged term of imprisonment or the unsuspended portion of the split sentence before commencing the commitment to the custody of the Commissioner of Health and Human Services ordered by the court pursuant to section 103 unless the court orders otherwise. [PL 2013, c. 265, §4 (NEW).]
15 M.R.S. § 1462 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1462
15 §1462. Summons to testify in another state
Status: in_force

A judge of the state court of record in another state that by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this State may certify that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, that a person who is confined in a penal institution in this State may be a material witness in the proceeding, investigation or action and that the person's presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the Attorney General, the judge in this State shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before the judge at the hearing. [RR 2023, c. 2, Pt. D, §62 (COR).]
15 M.R.S. § 1320 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1320
15 §1320. Authorization of payment of witness fees of state witnesses in criminal prosecutions
Status: in_force

In all criminal prosecutions in the Superior Court, payment of witness fees for state witnesses, fees and expenses payable on account of the services of police officers as witnesses and as complainants and fees and expenses payable on account of the services of police officers in serving criminal process must be made upon authorization by the prosecuting attorney or the prosecuting attorney's designee. The amount of the fees and expenses must be determined in accordance with these statutes. [RR 2023, c. 2, Pt. D, §58 (COR).]

1. Payments. Payments made under this section must be made first from the Extradition and Prosecution Expenses Account established in section 224‑A and, if there are insufficient funds in that account, next from the county treasury upon authorization of the prosecuting attorney, unless otherwise expressly directed by law. Payments from the county treasury must be made from the sums set aside in the county budget for the payments on account of Superior Court criminal proceedings. [PL 2013, c. 566, §5 (AMD).]

2. Expenditures. In fixing the amount of direct expenditures by the counties in calendar year 1975 for the support of the Superior Court pursuant to Title 4, section 118, the Treasurer of State may not consider sums expended in criminal prosecutions in the Superior Court on account of witness fees for state witnesses, fees and expenses payable on account of the services of police officers as witnesses and as complainants and fees and expenses payable on account of the services of police officers in serving criminal process. [RR 2023, c. 2, Pt. D, §58 (COR).]
15 M.R.S. § 710 — ME Code / Title 15 / Part 2 / Chapter 102 / Section 710
15 §710. Offenses
Status: in_force

1. Interception, oral communications prohibited. Any person, other than an employee of a communication common carrier, a law enforcement officer, an investigative officer, another employee of the Department of Corrections authorized to exercise law enforcement powers as described in Title 34‑A, section 3011 or a jail investigative officer or a jail employee acting at the direction of a jail investigative officer, carrying out practices otherwise permitted by this chapter, who intentionally or knowingly intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept any wire or oral communication is guilty of a Class C crime. [PL 2013, c. 80, §2 (AMD).]

2. Editing of tape recordings in judicial proceedings prohibited. Any person who knowingly or intentionally edits, alters or tampers with any tape, transcription or other sound recording, or knows of such editing, altering or tampering, and presents that recording in any judicial proceeding or proceeding under oath, without fully indicating the nature of the changes made and the original state of the recording, is guilty of a Class C crime. [PL 1979, c. 663, §96 (AMD).]

3. Disclosure or use of wire or oral communications prohibited. A person is guilty of a Class C crime if the person: A. Intentionally or knowingly discloses or attempts to disclose to any person the contents of any wire or oral communication, knowing that the information was obtained through interception; or [PL 1979, c. 663, §97 (RPR).] B. Intentionally or knowingly uses or attempts to use the contents of any wire or oral communication, knowing that the information was obtained through interception. [PL 1979, c. 663, §97 (RPR).] [RR 2023, c. 2, Pt. D, §50 (COR).]

4. Duty to report. Any communications common carrier shall promptly report to the Attorney General any facts coming to its attention in the conduct of its business which may indicate a possible violation of this section and such carrier shall adopt reasonable rules to assure compliance with this subsection, provided such carrier shall not be liable to any person who may claim an injury arising out of any such report, if made in good faith. Any person violating this subsection shall be subject to a civil penalty not to exceed $5,000, payable to the State, to be recovered in a civil action. [PL 1979, c. 663, §98 (AMD).]

5. Possession of interception devices prohibited. A person, other than an employee of a communication common carrier, a law enforcement officer, an investigative officer, another employee of the Department of Corrections authorized to exercise law enforcement powers as described in Title 34‑A, section 3011 or a jail investigative officer or a jail employee acting at the direction of a jail investigative officer, carrying out practices otherwise permitted by this chapter, who has in that person's possession any device, contrivance, machine or apparatus designed or commonly used for intercepting wire or oral communications is guilty of a Class C crime. [PL 2013, c. 80, §3 (AMD).]

6. Sale of interception devices prohibited. A person who sells, exchanges, delivers, barters, gives or furnishes or possesses with an intent to sell any device, contrivance, machine or apparatus designed or commonly used for the interception of wire or oral communications as defined in this chapter is guilty of a Class B crime. This subsection shall not include devices manufactured under written contract for sale to common carriers, law enforcement agencies and the Department of Corrections, provided that the production of any such device shall not have commenced prior to the signing of the contract by both parties. [PL 1987, c. 680, §4 (AMD).]
15 M.R.S. § 3314 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3314
15 §3314. Disposition
Status: in_force

1. Dispositional alternatives. When a juvenile has been adjudicated as having committed a juvenile crime, the court shall enter a dispositional order containing one or more of the following alternatives. A. The court may allow the juvenile to remain in the legal custody of the juvenile's parent or parents, guardian or legal custodian under such conditions as the court may impose. Conditions may include participation by the juvenile or the juvenile's parent or parents, guardian or legal custodian in treatment services aimed at the rehabilitation of the juvenile and improvement of the home environment. [PL 2019, c. 525, §27 (AMD).] B. The court may require a juvenile to participate in a supervised work or service program. Such a program may provide restitution to the victim by requiring the juvenile to work or provide a service for the victim, or to make monetary restitution to the victim from money earned from such a program. Such a supervised work or service program may be required as a condition of probation if: (1) The juvenile is not deprived of the schooling that is appropriate to the juvenile's age, needs and specific rehabilitative goals; (2) The supervised work program is of a constructive nature designed to promote rehabilitation and is appropriate to the age level and physical ability of the juvenile; and (3) The supervised work program assignment is made for a period of time not exceeding 180 days. A juvenile participating in a supervised work or service program, performing community service or providing restitution under this section or section 3301 may not be subject to Title 39‑A, Part 1 , the Maine Workers' Compensation Act of 1992. [PL 1997, c. 619, §2 (AMD).] C. [PL 1991, c. 493, §21 (RP).] C-1. The court may commit a juvenile to the custody of the Department of Health and Human Services when the court has determined that reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home or that no reasonable efforts are necessary because of the existence of an aggravating factor as defined in Title 22, section 4002, subsection 1‑B , and that continuation therein would be contrary to the welfare of the juvenile. The court may not enter an order under this paragraph unless the parents have had notice and an opportunity to be heard at the dispositional hearing. Notwithstanding any other provision of law, the court may not commit a juvenile to the custody of the Department of Health and Human Services unless such notice has been served on the parents, custodians and the Department of Health and Human Services in accordance with District Court civil rules at least 10 days prior to the dispositional hearing. A party may waive this time requirement if the waiver is written and voluntarily and knowingly executed in court before a judge. The Department of Health and Human Services shall provide for the care and placement of the juvenile as for other children in the department's custody pursuant to the Child and Family Services and Child Protection Act, Title 22, chapter 1071, subchapter VII . The court may impose conditions that may include participation by the juvenile or the juvenile's parents or legal guardian in treatment services aimed at the rehabilitation of the juvenile, reunification of the family and improvement of the home environment. [PL 2001, c. 696, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] C-2. The court may commit a juvenile to the custody of a relative or other person when the court determines that this is in the best interest of the juvenile. The court may not enter an order under this paragraph unless the parents have had notice and an opportunity to be heard at the dispositional hearing. [PL 1985, c. 439, §16 (NEW).] D. [PL 1991, c. 493, §22 (RP).] E. The court may require the juvenile to pay restitution pursuant to section 3314‑C . [PL 2019, c. 474, §2 (AMD).] F. The court may commit the juvenile to a Department of Corrections juvenile correctional facility, except that, beginning October 1, 2021, the juvenile must be at least 12 years of age at the time of commitment to be committed to such a facility. Whenever a juvenile is committed to a Department of Corrections juvenile correctional facility, the court shall determine whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home or that no reasonable efforts are necessary because of the existence of an aggravating factor as defined in Title 22, section 4002, subsection 1‑B and whether continuation in the juvenile's home would be contrary to the welfare of the juvenile. This determination does not affect whether the court orders a commitment to a Department of Corrections juvenile correctional facility, which continues to be governed by section 3313 . [PL 2021, c. 326, §11 (AMD).] G. Except for a violation of the juvenile crimes defined in section 3103, subsection 1, paragraph H , the court may impose a fine, subject to Title 17‑A, sections 1701 to 1711 , except that there is no mandatory minimum fine amount. For the purpose of this section, juvenile crimes defined in section 3103, subsection 1, paragraphs B and C and juvenile crimes under Title 12 or Title 29‑A are subject to a fine of up to $1,000. [PL 2025, c. 431, §17 (AMD).] H. The court may order the juvenile to serve a period of confinement that may not exceed 30 days, with or without an underlying suspended disposition of commitment to a Department of Corrections juvenile correctional facility, which confinement must be served concurrently with any other period of confinement previously imposed and not fully discharged or imposed on the same date but may be served intermittently as the court may order and must be ordered served in a facility approved or operated by the Department of Corrections exclusively for juveniles. The court may order such a disposition to be served as a part of and with a period of probation that is subject to such provisions of Title 17‑A, section 1807 as the court may order and that must be administered pursuant to Title 34‑A, chapter 5, subchapter 4 . Revocation of probation is governed by the procedure contained in subsection 2 . Any disposition under this paragraph is subject to Title 17‑A, section 2305 except that a statement is not required to be furnished and the day-for-day deduction must be determined by the facility, but is not subject to Title 17‑A, section 2305, subsection 4 or 4‑A ; section 2307, subsections 2 , 3 and 4 ; section 2308, subsection 2 ; section 2309, subsection 2 ; or section 2310, subsections 3 , 6 and 7 . The period of confinement commences on the date on which the juvenile is received into the facility to serve the period of confinement, and that day is counted as the first full day of the period of confinement. The juvenile may be released at any time on the final day of the period of confinement. When a juvenile is committed for a period of confinement, the court shall determine whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home or that reasonable efforts are not necessary because of the existence of an aggravating factor as defined in Title 22, section 4002, subsection 1‑B and whether continuation in the juvenile's home would be contrary to the welfare of the juvenile. This determination does not affect whether the court orders a period of confinement. [PL 2023, c. 136, §4 (AMD).] I. The court may order the juvenile unconditionally discharged. [PL 1977, c. 520, §1 (NEW).] [PL 2025, c. 431, §17 (AMD).]

2. Suspended disposition. The court may impose any of the dispositional alternatives provided in subsection 1 and may suspend its disposition and place the juvenile on a specified period of probation that is subject to such provisions of Title 17‑A, section 1807 as the court may order and that is administered pursuant to the provisions of Title 34‑A, chapter 5, subchapter 4 , except that the court may not impose the condition set out in Title 17‑A, section 1807, subsection 6 . The court may impose as a condition of probation that a juvenile must reside outside the juvenile's home in a setting satisfactory to the juvenile community corrections officer if the court determines that reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home or that no reasonable efforts are necessary because of the existence of an aggravating factor as defined in Title 22, section 4002, subsection 1‑B , and that continuation in the juvenile's home would be contrary to the welfare of the juvenile. Imposition of such a condition does not affect the legal custody of the juvenile. Modification of probation is governed by the procedures contained in Title 17‑A, section 1804, subsections 7 and 8 . Termination of probation is governed by the procedures contained in Title 17‑A, section 1804, subsection 10 . Revocation of probation is governed by the procedures contained in Title 17‑A, sections 1809 to 1812 , except that this subsection governs the court's determinations concerning probable cause and continued detention and those provisions of Title 17‑A, section 1812, subsection 6 allowing a vacating of part of the suspension of execution apply only to a suspended fine under subsection 1, paragraph G or a suspended period of confinement under paragraph H . A suspended commitment under subsection 1, paragraph F may be modified to a disposition under subsection 1, paragraph H . When a revocation of probation results in the imposition of a disposition under subsection 1, paragraph F or a period of confinement under subsection 1, paragraph H , the court shall determine whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home or that no reasonable efforts are necessary because of the existence of an aggravating factor as defined in Title 22, section 4002, subsection 1‑B and whether continuation in the juvenile's home would be contrary to the welfare of the juvenile. This determination does not affect whether the court orders a particular disposition upon a revocation of probation. If the juvenile is being detained for an alleged violation of probation, the court shall review within 48 hours following the detention, excluding Saturdays, Sundays and legal holidays, the decision to detain the juvenile. Following that review, the court shall order the juvenile's release unless the court finds that there is probable cause to believe that the juvenile has violated a condition of probation and finds, by a preponderance of the evidence, that continued detention is necessary to meet one of the purposes of detention under section 3203‑A, subsection 4, paragraph C . When a court orders continued detention, the court shall determine whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home or that no reasonable efforts are necessary because of the existence of an aggravating factor as defined in Title 22, section 4002, subsection 1‑B and whether continuation in the juvenile's home would be contrary to the welfare of the juvenile. This determination does not affect whether the court orders continued detention. [PL 2023, c. 136, §5 (AMD).]

3. Disposition for violation of section 3103, subsection 1, paragraph E or F. [PL 2025, c. 431, §18 (RP).]

3-A. Operator's license suspension for drug offenses. The court may suspend for a period of up to 6 months the license or permit to operate, right to operate a motor vehicle and right to apply for and obtain a license of any person who violates Title 17‑A, chapter 45 ; Title 22, section 2383 , unless the juvenile is authorized to possess cannabis for medical use pursuant to Title 22, chapter 558‑C ; Title 22, section 2389, subsection 2 ; or Title 28‑A, section 2052 and is adjudicated pursuant to this chapter to have committed a juvenile crime. The court shall give notice of suspension as provided in Title 29‑A, section 2434 . The court shall immediately forward the operator's license and a certified abstract of suspension to the Secretary of State. [PL 2025, c. 173, §2 (AMD).]

3-B. Operator's license suspension for drug trafficking. If a juvenile uses a motor vehicle to facilitate the trafficking of a scheduled drug, the court may, in addition to other authorized penalties, suspend the juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a period not to exceed one year. A suspension may not begin until after any period of incarceration is served. If the court suspends a juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the Secretary of State of the suspension. The Secretary of State may not reinstate the juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license unless the juvenile demonstrates that after having been released and discharged from any period of incarceration that may have been ordered, the juvenile has served the period of suspension ordered by the court. [PL 2025, c. 173, §3 (AMD).]

3-C. Juvenile's license suspension for motor vehicle offenses. For any adjudication under Title 29‑A , the juvenile's license or permit to operate a motor vehicle, right to operate a motor vehicle or right to apply for or obtain a license must be suspended by the court as provided by Title 29‑A, chapter 23 . The court shall immediately transmit a certified abstract of the suspension to the Secretary of State. [PL 2025, c. 431, §19 (NEW).]

4. Medical support. Whenever the court commits a juvenile to a Department of Corrections juvenile correctional facility or to the Department of Health and Human Services or for a period of detention or places a juvenile on a period of probation, it shall require the parent or legal guardian to provide medical insurance for or contract to pay the full cost of any medical treatment, mental health treatment, substance use disorder treatment and counseling that may be provided to the juvenile while the juvenile is committed, including while on aftercare status or on probation, unless it determines that such a requirement would create an excessive hardship on the parent or legal guardian, or other dependent of the parent or legal guardian, in which case it shall require the parent or legal guardian to pay a reasonable amount toward the cost, the amount to be determined by the court. An order under this subsection is enforceable under Title 19‑A, section 2603 . [PL 2017, c. 407, Pt. A, §54 (AMD).]

5. Support orders. Whenever the court commits a juvenile to the Department of Health and Human Services, to a Department of Corrections juvenile correctional facility or to a relative or other person, the court shall order either or both parents of the juvenile to pay child support in accordance with the child support guidelines under Title 19‑A, section 2006 . The order is enforceable under Title 19‑A, section 2603 . [PL 2005, c. 352, §1 (AMD).]

6. Forfeiture of firearms. As part of every disposition in every proceeding under this code, every firearm that constitutes the basis for an adjudication for a juvenile crime that, if committed by an adult, would constitute a violation of section 393 ; Title 17‑A, section 1105‑A, subsection 1, paragraph C‑1 ; Title 17‑A, section 1105‑B, subsection 1, paragraph C ; Title 17‑A, section 1105‑C, subsection 1, paragraph C‑1 ; Title 17‑A, section 1105‑D, subsection 1, paragraph B‑1 ; or Title 17‑A, section 1118‑A, subsection 1, paragraph B and every firearm used by the juvenile or any accomplice during the course of conduct for which the juvenile has been adjudicated to have committed a juvenile crime that would have been forfeited pursuant to Title 17‑A, section 1504 if the criminal conduct had been committed by an adult must be forfeited to the State and the juvenile court shall so order unless another person satisfies the court prior to the dispositional hearing and by a preponderance of the evidence that the other person had a right to possess the firearm, to the exclusion of the juvenile, at the time of the conduct that constitutes the juvenile crime. Rules adopted by the Attorney General that govern the disposition of firearms forfeited pursuant to Title 17‑A, section 1504 govern forfeitures under this subsection. [PL 2019, c. 113, Pt. C, §50 (AMD).]

7. Enforcement of a dispositional order or order to appear. After notice and hearing and in accordance with the Maine Rules of Civil Procedure, Rule 66, the court may exercise its inherent contempt power by way of a plenary contempt proceeding involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, to enforce the disposition ordered following an adjudication for a juvenile crime or to enforce any order requiring the appearance of a juvenile before the court. The court may not order confinement as a contempt sanction for any juvenile who has not attained 14 years of age. Any confinement imposed as a punitive or remedial sanction upon a person who has not attained 18 years of age may not exceed 30 days and must be served in a facility approved or operated by the Department of Corrections exclusively for juveniles. Any confinement imposed as a punitive or remedial sanction upon a person who has attained 18 years of age, if to be served in a facility approved or operated by the Department of Corrections exclusively for juveniles, may not exceed 30 days. To enforce the disposition ordered following an adjudication for a juvenile crime defined in section 3103, subsection 1, paragraph B or C upon a person who has not attained 18 years of age, the court shall, at the time of the disposition, provide written notice to the juvenile of the court's authority to enforce the dispositional order through an exercise of its inherent contempt power and that a contempt order could include an order of confinement for up to 30 days as a punitive sanction and for up to 30 days as a remedial sanction. Except as explicitly set out in this subsection, nothing in this subsection affects the court's ability to exercise its contempt powers for persons who have attained 18 years of age. [PL 2019, c. 474, §3 (AMD).]
15 M.R.S. § 2132 — ME Code / Title 15 / Part 4 / Chapter 305-A / Section 2132
15 §2132. Applicability
Status: in_force

Both the substantive and procedural provisions of this chapter shall apply to any action for post-conviction review commenced after the effective date of this chapter. In the case of any action under former Title 14, sections 5502 to 5508 or any other action for collateral review of a conviction or of consequences resulting from a criminal judgment which was commenced prior to the effective date of this chapter and which is pending on the effective date, the petition may be amended to assert any basis for jurisdiction under section 2124 or any grounds for relief not available under prior law; provided that failure to do so shall not constitute waiver pursuant to section 2128, subsection 3 . In any pending action brought under prior law, the court in its discretion may apply any of the procedural provisions of this chapter. [PL 1987, c. 402, Pt. A, §111 (AMD).]
15 M.R.S. § 1025 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1025
15 §1025. Law enforcement officers
Status: in_force

A law enforcement officer making a warrantless arrest under Title 17-A, section 15 may, without fee, take the personal recognizance of any defendant for appearance on a charge of a Class D or Class E crime. If authorized, a law enforcement officer may, without fee, take the personal recognizance with deposit in accordance with Title 12, section 10353, subsection 2, paragraph C ; and Title 12, section 9707 . The law enforcement officer's authority under this section continues as long as the arrestee remains in the officer's custody. [PL 2003, c. 414, Pt. B, §28 (AMD); PL 2003, c. 614, §9 (AFF).]
15 M.R.S. § 1902 — ME Code / Title 15 / Part 4 / Chapter 303 / Section 1902
15 §1902. Fines, forfeitures and criminal costs paid to State
Status: in_force

All fines, forfeitures and costs in criminal cases shall be paid into the State Treasury. [PL 1975, c. 735, §15-A (RPR).]
15 M.R.S. § 2115-A — ME Code / Title 15 / Part 4 / Chapter 305 / Section 2115-A
15 §2115-A. Appeals by the State
Status: in_force

1. Appeals prior to trial. An appeal may be taken by the State in criminal cases on questions of law from the District Court and from the Superior Court to the Supreme Judicial Court sitting as the Law Court: From an order of the court prior to trial which suppresses any evidence, including, but not limited to, physical or identification evidence or evidence of a confession or admission; from an order which prevents the prosecution from obtaining evidence; from a pretrial dismissal of an indictment, information or complaint; or from any other order of the court prior to trial which, either under the particular circumstances of the case or generally for the type of order in question, has a reasonable likelihood of causing either serious impairment to or termination of the prosecution. [PL 1999, c. 731, Pt. ZZZ, §18 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

2. Appeals after trial. An appeal may be taken by the State from the Superior Court or the District Court to the Supreme Judicial Court sitting as the Law Court after trial and after a finding of guilty by a jury or the court from the granting of a motion for a new trial, from arrest of judgment, from dismissal or from other orders requiring a new trial or resulting in termination of the prosecution in favor of the accused, when an appeal of the order would be permitted by the double jeopardy provisions of the Constitution of the United States and the Constitution of Maine. [PL 1999, c. 731, Pt. ZZZ, §18 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

2-A. Appeal from adverse decision of the Superior Court sitting as an appellate court relative to an aggrieved defendant's appeal from the denial of a Rule 35 motion in District Court. [PL 2015, c. 431, §20 (RP).]

2-B. Appeal from the denial of a Rule 35 motion. If a motion for correction or reduction of a sentence brought by the attorney for the State under Rule 35 of the Maine Rules of Unified Criminal Procedure is denied in whole or in part, an appeal may be taken by the State from the adverse order to the Supreme Judicial Court sitting as the Law Court. [PL 2015, c. 431, §21 (AMD).]

3. When defendant appeals. When the defendant appeals from a judgment of conviction, it is not necessary for the State to appeal. It may argue that error in the proceedings at trial in fact supports the judgment. The State may also establish that error harmful to it was committed prior to trial or in the trial resulting in the conviction from which the defendant has appealed, which error should be corrected in the event that the Law Court reverses on a claim of error by the defendant and remands the case for a new trial. If the case is so reversed and remanded, the Law Court shall also order correction of the error established by the State. [PL 1999, c. 731, Pt. ZZZ, §21 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

4. Time. The time for taking and the manner and any conditions for the taking of an appeal pursuant to subsection 1 , 2 or 2‑B are as the Supreme Judicial Court provides by rule, and an appeal taken pursuant to subsection 1 must also be taken before the defendant has been placed in jeopardy. An appeal taken pursuant to this subsection must be diligently prosecuted. [PL 2015, c. 431, §22 (AMD).]

5. Approval of Attorney General. In any appeal taken pursuant to subsection 1 , 2 or 2‑B , the written approval of the Attorney General is required; except that if the attorney for the State filing the notice of appeal states in the notice that the Attorney General has orally stated that the approval will be granted, the written approval may be filed at a later date. [PL 2015, c. 431, §23 (AMD).]

6. Liberal construction. The provisions of this section shall be liberally construed to effectuate its purposes. [PL 1979, c. 701, §14 (AMD).]

7. Rules. The Supreme Judicial Court may provide for implementation of this section by rule. [PL 1979, c. 343, §2 (NEW).]

8. Fees and costs. The Law Court shall allow counsel fees and costs for the defense of appeals under this section, to be paid by the Maine Commission on Public Defense Services under Title 4, section 1801 . The compensation paid by the commission may not exceed the rates established by the commission for the payment of counsel providing indigent legal services. [PL 2023, c. 558, §8 (AMD).]

9. Appeals to Federal Court; fees and costs. The Law Court shall allow attorney's fees for court appointed counsel when the State appeals a judgment to any Federal Court or to the United States Supreme Court on certiorari. Any fees allowed pursuant to this subsection must be paid out of the accounts of the Maine Commission on Public Defense Services under Title 4, section 1801 . The compensation paid by the commission may not exceed the rates established by the commission for the payment of counsel providing indigent legal services. [PL 2023, c. 558, §9 (AMD).]
15 M.R.S. § 209 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 209
15 §209. Arresting officer may command assistance
Status: in_force

Every such officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance.
15 M.R.S. § 2128-B — ME Code / Title 15 / Part 4 / Chapter 305-A / Section 2128-B
15 §2128-B. Time for filing
Status: in_force

The following filing deadlines apply. [PL 2011, c. 601, §11 (NEW).]

1. Filing deadline for direct impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 1 or 1‑A . The limitation period runs from the latest of the following: A. The date of final disposition of the direct appeal from the underlying criminal judgment or the expiration of the time for seeking the appeal; [PL 2011, c. 601, §11 (NEW).] B. The date on which the constitutional right, state or federal, asserted was initially recognized by the Law Court or the Supreme Court of the United States if the right has been newly recognized by that highest court and made retroactively applicable to cases on collateral review; or [PL 2011, c. 601, §11 (NEW).] C. The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. [PL 2011, c. 601, §11 (NEW).] The time during which a properly filed petition for writ of certiorari to the Supreme Court of the United States with respect to the same criminal judgment is pending is not counted toward any period of limitation under this subsection. [PL 2011, c. 601, §11 (NEW).]

2. Filing deadline for post-sentencing proceedings. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a post-sentencing proceeding under section 2124, subsection 2 . The limitation period runs from the later of the following: A. The date of filing of the final judgment in the court proceeding occurring during the course of and pursuant to the operation of the underlying sentence that results in incarceration or increased incarceration; or [PL 2011, c. 601, §11 (NEW).] B. The date of the final administrative action occurring during the course of and pursuant to the operation of the underlying sentence that results in incarceration or increased incarceration. [PL 2011, c. 601, §11 (NEW).] [PL 2011, c. 601, §11 (NEW).]

3. Filing deadline for indirect impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3, paragraphs A and D . The one-year limitation period runs from the date of imposition of a sentence for the new crime resulting in the indirect impediment. A 60-day period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3, paragraph E . The 60-day limitation period runs from the date the noncitizen becomes aware, or should have become aware, that under federal immigration law, as a consequence of the particular plea, a deportation proceeding has been initiated against the noncitizen. [PL 2011, c. 601, §11 (NEW); PL 2011, c. 601, §14, 15 (AFF).]
15 M.R.S. § 1001 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1001
15 §1001. Title
Status: in_force

This chapter shall be known and may be cited as the "Maine Bail Code." [PL 1987, c. 758, §20 (NEW).]
15 M.R.S. § 3319 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3319
15 §3319. Designation of facility
Status: in_force

Immediately after the court orders detention or confinement in or commitment to a juvenile facility, the court shall notify the Commissioner of Corrections or the commissioner's designee and shall inquire as to the juvenile facility to which the juvenile will be transported. The commissioner has complete discretion to make this determination. The commissioner or the commissioner's designee shall immediately inform the court of the location of the juvenile facility to which the juvenile will be transported. [PL 2005, c. 507, §13 (AMD).]
15 M.R.S. § 2211-A — ME Code / Title 15 / Part 4 / Chapter 309 / Section 2211-A
15 §2211-A. Persons confined; hospitalization for mental illness
Status: in_force

1. Prohibition. A person with serious mental illness may not be detained or confined solely because of that mental illness in any jail, prison or other detention or correctional facility unless that person is being detained or serving a sentence for commission of a crime. [PL 1995, c. 431, §1 (NEW).]

2. Application for hospitalization required. A sheriff or other person responsible for any county or local detention or correctional facility who believes that a person confined in that facility is mentally ill and requires hospitalization shall apply, in writing, for the admission of that person to a hospital for the mentally ill, giving the reasons for requesting the admission. The application and certification must be in accordance with the requirements of Title 34‑B, section 3863 . [PL 1995, c. 431, §1 (NEW).]

3. Terms of admission. A person with respect to whom application and certification are made may be admitted to a hospital for the mentally ill. Except as otherwise specifically provided in this section, Title 34‑B, chapter 3, subchapter IV, articles I and III , except section 3868 , are applicable to a person admitted under this section as if the admission were applied for under Title 34‑B, section 3863 . [PL 1995, c. 431, §1 (NEW).]

3-A. Authorization of hospitalization. When a person who is hospitalized in a psychiatric hospital under the provisions of Title 34‑B, chapter 3 is sentenced to serve a straight term of imprisonment or a split sentence in a county jail, the person must remain hospitalized as long as continued hospitalization is appropriate under Title 34‑B, chapter 3 . The sheriff shall promptly process the person to initiate execution of the sentence in a manner that disrupts the person's hospitalization as little as possible. The provisions of this section apply as if the person had been transferred to the hospital after beginning serving the sentence at the county jail. [PL 2009, c. 281, §1 (NEW).]

4. No effect on sentence; jurisdiction retained. Admission of a person to a hospital under this section has no effect on a sentence then being served, on an existing commitment on civil process or on detention pending any stage of a criminal proceeding in which that person is the defendant, and the court having jurisdiction retains its jurisdiction. The sentence continues to run and any commitment or detention remains in force unless terminated in accordance with law. [PL 1995, c. 431, §1 (NEW).]

5. Disposition of application and certification. A copy of the document by which a person is held in confinement, attested by the sheriff or other person responsible for any county or local detention or correctional facility, must accompany the application for admission. Following that person's admission to a hospital for the mentally ill under this section, a copy of the application and certification similarly attested must be filed with the court having jurisdiction over any civil or criminal case in which that person is the defendant. If a criminal proceeding is pending against the person admitted, the clerk of the court shall forward a copy of the application and certification to the attorney for the defendant and the attorney for the State. [PL 1995, c. 431, §1 (NEW).]

6. Discharge from hospital. If the sentence being served at the time of admission has not expired or commitment on civil process or detention has not been terminated in accordance with law at the time the person is ready for discharge from hospitalization, that person must be returned by the sheriff or deputy sheriff of the county from which the person was admitted to the facility from which the person was admitted. [PL 1995, c. 431, §1 (NEW).]

7. Transportation expenses. The county where the incarceration originated shall pay all expenses incident to transportation of a person between the hospital and the detention or correctional facility pursuant to this section. [PL 1995, c. 431, §1 (NEW).]

8. Competency hearing. Admission to a hospital under this section may not be used to examine or observe a person for the purpose of a criminal proceeding pending in court. Before the trial of a defendant admitted for hospitalization under this section, the court may, at any time upon motion of the defendant's attorney or the attorney for the State or upon the court's own motion, hold a hearing with respect to the competence of that person to stand trial as provided in section 101-D and appropriate disposition may be made. The court's order following a hearing may terminate an admission effected under this section. [PL 2009, c. 268, §5 (AMD).]

9. Alternative; voluntary commitment. If hospitalization is recommended by a licensed physician or licensed psychologist, a person confined in a county or local detention or correctional facility may apply for informal admission to a hospital for the mentally ill under Title 34‑B, sections 3831 and 3832 , in which case all other provisions of this section as to notice of status as an inmate of a county or local detention or correctional facility, notice to the court and counsel, transportation and expenses and the continuation and termination of sentence, commitment or detention apply. Except as otherwise provided in this section, the provisions of law applicable to persons admitted to a hospital for the mentally ill under Title 34‑B, sections 3831 and 3832 apply to a person confined and admitted to a hospital for the mentally ill under those sections. [PL 1995, c. 431, §1 (NEW).]

10. Reincarceration planning. For each person hospitalized pursuant to this section, the Department of Health and Human Services, in consultation with the sheriff or other person responsible for the local or county correctional facility and before the person is transferred back to the correctional facility, shall develop a written treatment plan describing the recommended treatment to be provided to the person. [PL 2001, c. 659, Pt. D, §1 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
15 M.R.S. § 287 — ME Code / Title 15 / Part 1 / Chapter 11 / Section 287
15 §287. Failure to prosecute appeal
Status: in_force

If the appellant fails to prosecute the appellant's appeal, the appellant's recognizance must be in force for any breach of its conditions without an affirmation of the order and must stand as security for any costs that the appellant is ordered by the court to pay. [RR 2023, c. 2, Pt. D, §42 (COR).]
15 M.R.S. § 2111 — ME Code / Title 15 / Part 4 / Chapter 305 / Section 2111
15 §2111. Appeals from the District Court
Status: in_force

1. Appeal of judgment of conviction or order to the Law Court. Except as otherwise specifically provided, in any criminal proceeding in the District Court, a defendant aggrieved by a judgment of conviction, ruling or order may appeal to the Supreme Judicial Court sitting as the Law Court. [PL 2001, c. 471, Pt. D, §16 (AMD).]

2. Appeal to the Superior Court. If an appeal from the District Court must be taken to the Superior Court, the appeal must be to the Superior Court in the county where the offense on which the judgment of conviction or order was rendered is alleged to have been committed. Venue may be transferred at the discretion of the Chief Justice of the Superior Court. [PL 1999, c. 731, Pt. ZZZ, §15 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

3. Time for taking of appeal. The Supreme Judicial Court shall provide by rule the time for taking the appeal and the manner and any conditions for the taking of the appeal. [PL 1999, c. 731, Pt. ZZZ, §15 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
15 M.R.S. § 1028-A — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1028-A
15 §1028-A. De novo determination of bail set by a justice or judge acting under section 1026
Status: in_force

1. By defendant. Any defendant charged with a crime bailable as of right who is aggrieved by a decision of the court made at arraignment or initial appearance as to the amount or conditions of bail set may file a petition with the Unified Criminal Docket for a de novo determination of bail by another justice or judge in accordance with the procedures set forth in Rule 46(d) of the Maine Rules of Unified Criminal Procedure. The court making the initial decision shall advise the defendant of the right to obtain a de novo determination of bail. [PL 2015, c. 431, §13 (NEW).]

2. No further relief. The de novo determination by a justice or judge under this section is final and no further relief is available. [PL 2015, c. 431, §13 (NEW).]
15 M.R.S. § 286 — ME Code / Title 15 / Part 1 / Chapter 11 / Section 286
15 §286. Appeals
Status: in_force

A person aggrieved by the order of a judge requiring the person to recognize as provided in section 284 may, on giving the security required, appeal to the next term of the Superior Court in the county. The judge shall thereupon require such witnesses as the judge thinks proper to recognize to appear at the appellate court. The court may affirm or reverse the order of the judge, require the accused to recognize anew with sufficient sureties and make an order as to costs as the court determines reasonable. [RR 2023, c. 2, Pt. D, §41 (COR).]
15 M.R.S. § 3507 — ME Code / Title 15 / Part 6 / Chapter 511 / Section 3507
15 §3507. Runaway juveniles returned from another state
Status: in_force

When a juvenile who has left the care of the juvenile's parents, guardian or legal custodian without that person's consent, is returned to Maine from another state, the juvenile must be referred immediately to a juvenile community corrections officer and must be processed according to the provisions of this chapter. [PL 1999, c. 624, Pt. B, §21 (AMD).]
15 M.R.S. § 3303 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3303
15 §3303. Dismissal of petition with prejudice
Status: in_force

On motion made by or on behalf of a juvenile, or by the court itself, a petition must be dismissed with prejudice if it was not filed within 9 months from the date the juvenile was referred to the juvenile community corrections officer for an intake assessment, unless the prosecuting attorney either before or after the expiration of the 9-month period files a motion for an extension of time for the filing of a petition, accompanied by the reasons for this extension. The court may for good cause extend the time for bringing a petition for any period of time that is less than the limitation established in section 3105‑A . [PL 1999, c. 624, Pt. B, §13 (AMD).]
15 M.R.S. § 1027 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1027
15 §1027. Standards for release for formerly capital offenses
Status: in_force

1. In general. At the initial appearance before a judicial officer of a defendant in custody preconviction for a formerly capital offense, the judicial officer shall issue an order under section 1026 , unless the attorney for the State moves for a Harnish bail proceeding. If the attorney for the State requests a Harnish bail proceeding before bail has been set, the judicial officer shall order the defendant held pending a hearing under subsection 2 . The attorney for the State may move for a Harnish bail proceeding at any time preconviction. If the attorney for the State moves for a Harnish bail proceeding after bail has been set, the court may hold the defendant pending a hearing under subsection 2 or may continue the defendant's bail. [PL 1987, c. 758, §20 (NEW).]

2. Harnish bail proceeding. A Harnish bail proceeding must be held within 5 court days of the State's request unless the court, for good cause shown and at the request of either the defendant or the attorney for the State, grants a continuance. Evidence presented at a Harnish bail proceeding may include testimony, affidavits and other reliable hearsay evidence as permitted by the court. If, after the hearing, the court finds probable cause to believe that the defendant has committed a formerly capital offense, it shall issue an order under subsection 3 . If, after the hearing, the court does not find probable cause to believe that the defendant's alleged criminal conduct was formerly a capital offense, it shall issue an order under section 1026 and may amend its bail order as provided under section 1026, subsection 3, paragraph C . [PL 1995, c. 356, §6 (AMD).]

3. When conditional right has been extinguished at Harnish bail proceeding. The court's finding that probable cause exists to believe that the defendant committed a formerly capital offense extinguishes the defendant's right to have bail set. The court shall make a determination as to whether or not the setting of bail is appropriate as a matter of discretion. The court may set bail unless the State establishes by clear and convincing evidence that: A. There is a substantial risk that the capital defendant will not appear at the time and place required or will otherwise pose a substantial risk to the integrity of the judicial process; [PL 2007, c. 374, §11 (AMD).] B. There is a substantial risk that the capital defendant will pose a danger to another or to the community; or [PL 1997, c. 543, §8 (AMD).] C. There is a substantial risk that the capital defendant will commit new criminal conduct. [PL 1997, c. 543, §9 (NEW).] In exercising its discretion, the court shall consider the factors listed in section 1026 . If the court has issued a bail order on the basis of its discretionary authority to set bail in a case involving a formerly capital offense, the court having jurisdiction of the case may modify or deny bail at any time upon motion by the attorney for the State or the defendant or upon its own initiative and upon a showing of changed circumstances or the discovery of new and significant information. [PL 2007, c. 374, §11 (AMD).]
15 M.R.S. § 281 — ME Code / Title 15 / Part 1 / Chapter 11 / Section 281
15 §281. Power of courts to keep the peace; security required
Status: in_force

The Justices of the Superior Court and Judges of the District Court, in term time or in vacation, have power to cause all laws for the preservation of the public peace to be kept; and in the execution thereof may require persons to give security to keep the peace and be of good behavior, as provided.
15 M.R.S. § 1201 — ME Code / Title 15 / Part 3 / Chapter 201 / Section 1201
15 §1201. Power of court unaffected by existence or expiration of term
Status: in_force

The existence or expiration of a term of court in no way affects the power of a court to act in a criminal proceeding. [PL 1965, c. 356, §43 (RPR).]
15 M.R.S. § 1363 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1363
15 §1363. Limitation of costs and fees in criminal cases
Status: in_force

No complainant or witness shall be allowed fees, travel and attendance in a criminal case for more than one complaint on any one day when there are other complaints against the same respondent arising out of the same transaction before any judicial tribunal.
15 M.R.S. § 5828 — ME Code / Title 15 / Part 7 / Chapter 517 / Section 5828
15 §5828. Post-seizure proceedings
Status: in_force

1. Prompt post-seizure hearing. This subsection governs post-seizure proceedings for assets seized pursuant to this chapter. A. Following the seizure of property, a defendant or any person with an interest in the property has a right to a prompt post-seizure hearing. [PL 2021, c. 454, §14 (NEW).] B. A person with an interest in the property may petition the court for a hearing. [PL 2021, c. 454, §14 (NEW).] C. At the court's discretion, the court may hold a prompt post-seizure hearing: (1) As a separate hearing; or (2) At the same time as a probable-cause determination, a post-arraignment hearing or other pretrial hearing. [PL 2021, c. 454, §14 (NEW).] D. A party, by agreement of all parties or for good cause, may move for one extension of the hearing date of no more than 10 days. Any motion may be supported by affidavits or other submissions. [PL 2021, c. 454, §14 (NEW).] E. The court shall order the return of seized property if it finds: (1) The seizure was invalid; (2) A criminal charge has not been filed and no extension of the filing period established under this section is available; (3) The property is not reasonably required to be held as evidence; or (4) The final judgment likely will be in favor of the claimant. [PL 2021, c. 454, §14 (NEW).] [PL 2021, c. 454, §14 (NEW).]
15 M.R.S. § 3307 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3307
15 §3307.  Disclosure of juvenile's identity
Status: in_force

1. Juvenile hearings conducted as they would be for adults. [PL 1979, c. 681, §18 (RP).]

1-A. Disclosure of juvenile's identity. A law enforcement officer, officer of the court, juvenile community corrections officer or other representative of the Department of Corrections may not disclose the identity of any juvenile until a petition is open to public inspection pursuant to section 3308‑C, subsection 2, paragraph A , B or C . This section does not preclude the disclosure of the identity of a juvenile to a complainant or victim, or, if the victim is a minor, to the victim's parent or parents, guardian or legal custodian, to a criminal justice agency for the administration of juvenile justice or to the Department of Health and Human Services if necessary to carry out the statutory functions of that department, regardless of whether a petition has been or will be filed. This section does not preclude the disclosure of the identity of a juvenile on conditional release pursuant to section 3203‑A or on informal adjustment pursuant to section 3301 to a criminal justice agency for the administration of juvenile justice, or to the Department of Health and Human Services if necessary to carry out the statutory functions of that department. [PL 2021, c. 365, §10 (AMD); PL 2021, c. 365, §37 (AFF).]

1-B. Disclosure of juvenile's identity to victim. Upon request, the identity of a juvenile subject to Juvenile Court proceedings must be disclosed by the Juvenile Court to: A. The victim; [PL 2021, c. 365, §10 (NEW); PL 2021, c. 365, §37 (AFF).] B. If the victim is a minor, the parent or parents, guardian or legal custodian of the victim; or [PL 2021, c. 365, §10 (NEW); PL 2021, c. 365, §37 (AFF).] C. If the victim cannot act on the victim's own behalf due to death, age, physical or mental disease or disorder or intellectual disability or autism or other reason, an immediate family member, guardian, legal custodian or attorney representing the victim. [PL 2021, c. 365, §10 (NEW); PL 2021, c. 365, §37 (AFF).] [PL 2021, c. 365, §10 (NEW); PL 2021, c. 365, §37 (AFF).]

2. Certain hearings public. [PL 2021, c. 365, §10 (RP); PL 2021, c. 365, §37 (AFF).]

3. Record. A verbatim record must be made of all detention, bind-over, adjudicatory and dispositional hearings. [PL 2025, c. 390, Pt. A, §30 (AMD).]
15 M.R.S. § 2123 — ME Code / Title 15 / Part 4 / Chapter 305-A / Section 2123
15 §2123. Jurisdiction and venue
Status: in_force

1. Jurisdiction. Jurisdiction shall be in the Superior Court. [PL 1979, c. 701, §15 (NEW).]

1-A. Supreme Court Justice or authorized Judge of the District Court. A single Justice of the Supreme Judicial Court, an Active Retired Justice of the Supreme Judicial Court or a judge authorized to sit in the Superior Court on post-conviction review cases has and shall exercise jurisdiction and has and shall exercise all of the powers, duties and authority necessary for exercising the same jurisdiction as the Superior Court relative to a post-conviction review proceeding. [PL 2003, c. 29, §2 (AMD).]

2. Venue. Venue must be in the county in which the criminal judgment was entered. Venue may be transferred by the assigned justice or judge at that assigned justice's or judge's discretion. [RR 2011, c. 2, §13 (COR).]
15 M.R.S. § 3103-A — ME Code / Title 15 / Part 6 / Chapter 503 / Section 3103-A
15 §3103-A. Provisions of Title 17-A, Part 1 made applicable
Status: in_force

The following provisions of Title 17‑A, Part 1 are applicable to juvenile crimes: [PL 2013, c. 234, §8 (NEW).]

1. Chapter 1. Chapter 1 , except section 1 ; section 2, subsections 3‑C and 5‑B ; and sections 6 , 8 , 9 and 17 ; [PL 2013, c. 234, §8 (NEW).]

2. Chapter 2. Chapter 2 , except section 40 ; [PL 2013, c. 234, §8 (NEW).]

3. Chapter 3. Chapter 3 , except section 60 ; and [PL 2013, c. 234, §8 (NEW).]

4. Chapter 5. Chapter 5 . [PL 2013, c. 234, §8 (NEW).]
15 M.R.S. § 1094-A — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1094-A
15 §1094-A. Improper contact after bail has been revoked and denied
Status: in_force

A person is guilty of improper contact after bail has been revoked and denied if, while being detained as a result of the person’s preconviction or post-conviction bail having been revoked and denied, the person intentionally or knowingly makes direct or indirect contact with a person when that contact was prohibited under a former condition of release. Violation of this section is a Class D crime. [PL 2011, c. 604, §1 (NEW).]
15 M.R.S. § 651 — ME Code / Title 15 / Part 2 / Chapter 100 / Section 651
15 §651. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

1. Affidavit warrant. "Affidavit warrant" means a warrant issued in response to a properly sworn charging instrument or affidavit, or both, based on probable cause to believe that an individual has committed a crime. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

2. Alias name. "Alias name" means an alternative name, a pseudonym or a placeholder name. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

3. Alternative name. "Alternative name" means a name used by an individual instead of or in addition to the individual's legal name. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

4. Bench warrant. "Bench warrant" means an arrest warrant issued by an authorized judicial officer that directs a law enforcement officer to seize or detain an individual and includes the following types of arrest warrants: A. An affidavit warrant; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] B. A contempt warrant; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] C. An FTP warrant; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] D. An FTA warrant; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] E. A juvenile warrant; and [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] F. A probation violation warrant. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

5. Contempt warrant. "Contempt warrant" means a bench warrant issued by a judicial order: A. For failure of an individual to appear for a contempt hearing pursuant to the Maine Rules of Civil Procedure, Rule 66(c)(2)(E) or Rule 66(d)(2)(E); or [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] B. For failure of a contemnor to comply with a contempt order pursuant to the Maine Rules of Civil Procedure, Rule 66(c)(3) or Rule 66(d)(3)(A). [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

6. Digital signature. "Digital signature" has the same meaning as in Title 10, section 9502, subsection 1 . [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

7. Electronic signature. "Electronic signature" has the same meaning as in Title 10, section 9402, subsection 8 . [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

8. FTA warrant. "FTA warrant" means a bench warrant issued for failure of an individual to appear in court as required by a criminal summons or other court order requiring an individual to appear for a court hearing. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

9. FTP warrant. "FTP warrant" means a bench warrant issued for failure of an individual to pay a fine, as described in Title 14, section 3141 , as ordered by the issuing court. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

10. Juvenile warrant. "Juvenile warrant" means a bench warrant issued in order to detain a juvenile pursuant to section 3202 . [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

11. Local entering agency. "Local entering agency" means a local law enforcement agency designated by the district attorney within a prosecutorial district, with the approval of the Chief Judge of the District Court. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

12. Maine telecommunications and routing operations system. "Maine telecommunications and routing operations system" means the interagency communications system maintained and operated by the Maine State Police. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

13. Maine State Police wanted database. "Maine State Police wanted database" means the database of warrants and other information maintained by the Maine State Police. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

14. Other judicial warrant. "Other judicial warrant" means a warrant, other than a bench warrant, issued by the Supreme Judicial Court, Superior Court, District Court or Probate Court, pursuant to statute or common law, including, but not limited to, civil orders of arrest and warrants for failure to respond to a subpoena or for jury duty. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

15. Placeholder name. "Placeholder name" means a nonspecific name, such as "Unknown," that is assigned by law enforcement officials to an individual whose legal name is not known to law enforcement officials. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

16. Probation violation warrant. "Probation violation warrant" means a bench warrant issued by a judicial officer in response to a motion to revoke the probation or supervised release of an individual, requested by a probation officer or prosecutor. [PL 2013, c. 133, §1 (AMD).]

17. Pseudonym. "Pseudonym" means a fictitious name, such as "John Doe," that is assigned by law enforcement officials to an individual whose legal name is not known to law enforcement officials. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

18. Statewide warrant management system. "Statewide warrant management system" means the integrated electronic system that consists of the Maine State Police wanted database, the Maine telecommunications and routing operations system and the warrant docket management system. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

19. Warrant docket management system. "Warrant docket management system" means the system maintained by the Administrative Office of the Courts to manage the generation, storage, retention and recall of electronic arrest warrants issued by the courts. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]