15 M.R.S. § 2306 — ME Code / Title 15 / Part 4 / Chapter 311 / Section 2306
15 §2306. Disposition of charges -- Article V
Status: in_force

1. Responsibility. Whenever the authorities responsible for the care and treatment of a mentally disordered offender, whether convicted or adjudicated in the state or subject to care, aftercare, treatment or rehabilitation pursuant to a contract, are of the opinion that charges based on untried indictments, informations or complaints in another party state present obstacles to the proper care and treatment of a mentally disordered offender or to the planning or execution of a suitable program for the mentally disordered offender, those authorities may petition the appropriate court in the state where the untried indictment, information or complaint is pending for prompt disposition thereof. If the mentally disordered offender is a patient in a receiving state, the appropriate authorities in the receiving state, shall, if they concur in the recommendation, file the petition contemplated by this subsection. [RR 2023, c. 2, Pt. D, §90 (COR).]

2. Hearing on petition. The court shall hold a hearing on the petition within 30 days of the filing thereof. The hearing must be only to determine whether the proper safeguarding and advancement of the public interest, the condition of the mentally disordered offender and the prospects for more satisfactory care, treatment and rehabilitation of the mentally disordered offender warrant disposition of the untried indictment, information or complaint prior to termination of the defendant's status as a mentally disordered offender in the sending state. The prosecuting officer of the jurisdiction from which the untried indictment, information or complaint is pending, the petitioning authorities and such other persons as the court may determine are entitled to be heard. [RR 2023, c. 2, Pt. D, §91 (COR).]

3. Adjournment or continuance. Upon any hearing pursuant to this Article, the court may order such adjournments or continuances as may be necessary for the examination or observation of the mentally disordered offender or for the securing of necessary evidence. In granting or denying any such adjournment or continuance, the court shall give primary consideration to the purposes of this compact and more particularly to the need for expeditious determination of the legal and mental status of a mentally disordered offender so that the mentally disordered offender's care, treatment and discharge to the community only under conditions that are consonant with the public safety may be implemented. [RR 2023, c. 2, Pt. D, §92 (COR).]

4. Petition pending. The presence of a mentally disordered offender within a state wherein a petition is pending or being heard pursuant to this Article, or the mentally disordered offender's presence within any other state through which the mentally disordered offender is being transported in connection with such petition or hearing, is only for the purposes of this compact, and a court, agency or person may not have or obtain jurisdiction over such mentally disordered offender for any other purpose by reason of the mentally disordered offender's presence pursuant to this Article. The mentally disordered offender must, at all times, remain in the custody of the sending state. Any acts of officers, employees or agencies of the receiving state in providing or facilitating detention, housing or transportation for the mentally disordered offender are only as agents for the sending state. [RR 2023, c. 2, Pt. D, §93 (COR).]

5. Untried indictment. Promptly upon conclusion of the hearing, the court shall dismiss the untried indictment, information or complaint, if it finds that the purposes enumerated in subsection 2 would be served thereby. Otherwise, the court shall make such order with respect to the petition and the untried indictment, information or complaint as may be appropriate in the circumstances and consistent with the status of the defendant as a mentally disordered offender in the custody of and subject to the jurisdiction of the sending state. [PL 1979, c. 303 (NEW).]

6. Established or adjudicated. A fact or other matter established or adjudicated at any hearing pursuant to this Article, or in connection therewith, may not be considered established or adjudicated, nor may the same be admissible in evidence, in any subsequent prosecution of the untried indictment, information or complaint concerned in a petition filed pursuant to this Article unless: A. The defendant or the defendant's duly empowered legal representative requested or expressly acquiesced in the making of the petition, and was afforded an opportunity to participate in person in the hearing; or [RR 2023, c. 2, Pt. D, §94 (COR).] B. The defendant personally offers or consents to the introduction of the determination or adjudication of such subsequent proceedings. [RR 2023, c. 2, Pt. D, §94 (COR).] [RR 2023, c. 2, Pt. D, §94 (COR).]
15 M.R.S. § 753 — ME Code / Title 15 / Part 2 / Chapter 103 / Section 753
15 §753. General allegation of intent to defraud sufficient
Status: in_force

When an intent to defraud is necessary to constitute an offense, it is sufficient to allege generally in the indictment an intent to defraud. If there appears on trial an intent to defraud the United States, any state, county, town, person or corporation, it is sufficient.
15 M.R.S. § 393 — ME Code / Title 15 / Part 1 / Chapter 15 / Section 393
15 §393. Possession of firearms prohibited for certain persons
Status: in_force

1. Possession prohibited. A person may not own, possess or have under that person's control a firearm, unless that person has obtained a permit under this section, if that person: A. [PL 2001, c. 549, §2 (RP).] A-1. Has been convicted of committing or found not criminally responsible by reason of insanity of committing: (1) A crime in this State that is punishable by imprisonment for a term of one year or more; (2) A crime under the laws of the United States that is punishable by imprisonment for a term exceeding one year; (3) A crime under the laws of another jurisdiction that, in accordance with the laws of that jurisdiction, is punishable by a term of imprisonment exceeding one year. This subparagraph does not include a crime under the laws of another jurisdiction that is classified by the laws of that jurisdiction as a misdemeanor and is punishable by a term of imprisonment of 2 years or less; (4) A crime under the laws of another jurisdiction that, in accordance with the laws of that jurisdiction, does not come within subparagraph (3) but is elementally substantially similar to a crime in this State that is punishable by a term of imprisonment of one year or more; or (5) A crime under the laws of this State or another jurisdiction in a proceeding in which the prosecuting authority was required to plead and prove that the person committed the crime with the use of: (a) A firearm against a person; or (b) Any other dangerous weapon. Violation of this paragraph is a Class B crime; [PL 2023, c. 491, §1 (AMD).] B. [PL 2001, c. 549, §2 (RP).] C. Has been adjudicated in this State or under the laws of another jurisdiction to have engaged in conduct as a juvenile that, if committed by an adult, would have been a disqualifying conviction: (1) Under paragraph A‑1 , subparagraphs (1) to (4) and bodily injury to another person was threatened or resulted; or (3) Under paragraph A‑1 , subparagraph (5). Violation of this paragraph is a Class C crime; [PL 2021, c. 608, Pt. B, §4 (AMD).] D. Is subject to an order of a court of this State or another jurisdiction that restrains that person from harassing, stalking or threatening an intimate partner, as defined in 18 United States Code, Section 921(a), of that person or a child of the intimate partner of that person, or from engaging in other conduct that would place the intimate partner in reasonable fear of bodily injury to the intimate partner or the child, except that this paragraph applies only to a court order that was issued after a hearing for which that person received actual notice and at which that person had the opportunity to participate and that: (1) Includes a finding that the person represents a credible threat to the physical safety of an intimate partner or a child; or (2) By its terms, explicitly prohibits the use, attempted use or threatened use of physical force against an intimate partner or a child that would reasonably be expected to cause bodily injury. Violation of this paragraph is a Class C crime; [PL 2023, c. 491, §2 (AMD).] E. Has been: (1) Committed involuntarily to a hospital pursuant to an order of the District Court under Title 34‑B, section 3864 because the person was found to present a likelihood of serious harm, as defined under Title 34‑B, section 3801, subsection 4‑A, paragraphs A to C ; (2) Found not criminally responsible by reason of insanity with respect to a criminal charge; or (3) Found not competent to stand trial with respect to a criminal charge. Violation of this paragraph is a Class C crime; [PL 2023, c. 491, §3 (AMD).] E-1. Is currently a restricted person pursuant to Title 34‑B, section 3862‑A, subsection 4 or Title 34‑B, section 3862‑A, subsection 6, paragraph D or a similar order issued by another jurisdiction, except that the prohibition applies to possession and control and not ownership. A permit issued pursuant to subsection 2 is not a defense to a violation of this paragraph. Violation of this paragraph is a Class D crime; [PL 2023, c. 675, §1 (AMD).] E-2. Has been ordered to participate in a progressive treatment program pursuant to Title 34‑B, section 3873‑A and, as part of that order, directed not to possess a dangerous weapon pursuant to Title 34‑B, section 3873‑A, subsection 7‑A for the duration of the treatment program, except that the prohibition applies to possession and control, and not ownership. Violation of this paragraph is a Class D crime; [PL 2019, c. 411, Pt. C, §2 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] E-3. Is currently the subject of an extreme risk protection order issued pursuant to Title 25, section 2244 or an emergency extreme risk protection order issued pursuant to Title 25, section 2245 , except that the prohibition applies to possession and control, not ownership. Violation of this paragraph is a Class D crime; [IB 2025, c. 1, §1 (NEW).] F. Is a fugitive from justice. For the purposes of this paragraph, "fugitive from justice" has the same meaning as in section 201, subsection 4 . Violation of this paragraph is a Class C crime; [PL 2023, c. 491, §4 (AMD).] G. Is an unlawful user of or is addicted to any controlled substance and as a result is prohibited from possession of a firearm under 18 United States Code, Section 922(g)(3). Notwithstanding the prohibition under 18 United States Code, Section 922(g)(3), the use, possession or transport of cannabis in accordance with Title 22, chapter 558‑C or Title 28‑B may not serve as the basis for the prohibition to own, possess or have under a person's control a firearm in this section. Violation of this paragraph is a Class C crime; [PL 2023, c. 381, §1 (AMD); PL 2023, c. 491, §5 (AMD).] H. Is an alien who is illegally or unlawfully in the United States or who was admitted under a nonimmigrant visa and who is prohibited from possession of a firearm under 18 United States Code, Section 922(g)(5). Violation of this paragraph is a Class C crime; [PL 2023, c. 491, §6 (AMD).] I. Has been discharged from the United States Armed Forces under dishonorable conditions. Violation of this paragraph is a Class C crime; or [PL 2023, c. 491, §7 (AMD).] J. Has, having been a citizen of the United States, renounced that person's citizenship. Violation of this paragraph is a Class C crime. [PL 2023, c. 491, §8 (AMD).] For the purposes of this subsection, a person is deemed to have been convicted upon the acceptance of a plea of guilty or nolo contendere or a verdict or finding of guilty, or of the equivalent in a juvenile case, by a court of competent jurisdiction. In the case of a deferred disposition, a person is deemed to have been convicted when the court imposes the sentence. In the case of a deferred disposition for a person alleged to have committed one or more of the offenses listed in section 1023, subsection 4, paragraph B‑1 , that person may not possess a firearm during the deferred disposition period. Violation of this paragraph is a Class C crime. For the purposes of this subsection, a person is deemed to have been found not criminally responsible by reason of insanity upon the acceptance of a plea of not criminally responsible by reason of insanity or a verdict or finding of not criminally responsible by reason of insanity, or of the equivalent in a juvenile case, by a court of competent jurisdiction. [IB 2025, c. 1, §1 (AMD).]

1-A. Limited prohibition for nonviolent juvenile offenses. A person who has been adjudicated in this State or under the laws of another jurisdiction to have engaged in conduct as a juvenile that, if committed by an adult, would have been a disqualifying conviction under subsection 1, paragraph A‑1 or subsection 1‑B, paragraph A but is not an adjudication under subsection 1, paragraph C or an adjudication under subsection 1‑B, paragraph B in which bodily injury to another person was threatened or resulted may not own or have in that person's possession or control a firearm for a period of 3 years following completion of any disposition imposed or until that person reaches 18 years of age, whichever is later. Violation of this subsection by a person at least 18 years of age is a Class C crime. [PL 2021, c. 608, Pt. B, §6 (AMD).]

1-B. Prohibition for domestic violence offenses. A person may not own, possess or have under that person's control a firearm if that person: A. Has been convicted of committing or found not criminally responsible by reason of insanity of committing: (1) A Class D crime in this State in violation of Title 17‑A, section 207‑A , 209‑A , 210‑B , 210‑C or 211‑A ; or (2) A crime under the laws of another jurisdiction that in accordance with the laws of that jurisdiction is elementally substantially similar to a crime in subparagraph (1). Violation of this paragraph is a Class C crime; or [PL 2021, c. 608, Pt. B, §7 (AMD).] B. Has been adjudicated in this State or under the laws of another jurisdiction to have engaged in conduct as a juvenile that, if committed by an adult, would have been a disqualifying conviction under this subsection. Violation of this paragraph is a Class C crime. [PL 2021, c. 608, Pt. B, §8 (AMD).] Except as provided in subsection 1‑A , the prohibition created by this subsection for a conviction or adjudication of an offense listed in paragraph A or B expires 5 years from the date the person is finally discharged from the sentence imposed as a result of the conviction or adjudication if that person has no subsequent criminal convictions during that 5-year period. If a person is convicted of a subsequent crime within the 5-year period, the 5-year period starts anew from the date of the subsequent conviction. In the case of a deferred disposition, the 5-year period begins at the start of the deferred disposition period. If, at the conclusion of the deferred disposition period, the court grants the State's motion to allow a person to withdraw the plea and the State dismisses the charge that gave rise to the prohibition with prejudice, the 5-year period terminates. For the purposes of this subsection, a person is deemed to have been convicted or adjudicated upon the acceptance of a plea of guilty or nolo contendere or a verdict or finding of guilty, or of the equivalent in a juvenile case, by a court of competent jurisdiction. For the purposes of this subsection, a person is deemed to have been found not criminally responsible by reason of insanity upon the acceptance of a plea of not criminally responsible by reason of insanity or a verdict or finding of not criminally responsible by reason of insanity, or of the equivalent in a juvenile case, by a court of competent jurisdiction. The provisions of this subsection apply only to a person convicted, adjudicated or placed on deferred disposition on or after October 15, 2015. [PL 2021, c. 608, Pt. B, §§7, 8 (AMD).]

2. Application after 5 years. A person subject to the provisions of subsection 1, paragraph A‑1 , subparagraphs (1) to (4) or paragraph C as a result of a conviction or adjudication may, after the expiration of 5 years from the date that the person is finally discharged from the sentences imposed as a result of the conviction or adjudication, apply to the Office of the Governor for a permit to carry a firearm subject to subsection 4 . That person may not be issued a permit to carry a concealed handgun pursuant to Title 25, chapter 252 . A permit issued pursuant to this subsection is valid for 4 years from the date of issue unless sooner revoked for cause by the Governor. For purposes of this subsection, "firearm" does not include a firearm defined under 18 United States Code, Section 921(a)(3). [PL 2017, c. 475, Pt. A, §21 (RPR).]

3. Contents. An application under subsection 2 must be on a form prepared by the Office of the Governor. The application must include the following: the applicant's full name; all aliases; date and place of birth; place of legal residence; occupation; make, model and serial number of the firearm sought to be possessed; date, place and nature of conviction; sentence imposed; place of incarceration; name and address of probation or parole officer; date of discharge or release from prison or jail or termination of probation, supervised release for sex offenders, parole or administrative release; the reason for the request; and any other information determined by the Governor to be of assistance. The application must be accompanied by certified or attested copies of the indictment, information or complaint, judgment and commitment and discharge that are the subject of the conviction. [PL 2017, c. 206, §2 (AMD).]

4. Notification, objection and decision. Upon receipt of an application, the Office of the Governor shall determine if the application is in proper form. If the application is proper, the Governor shall within 30 days notify in writing the sentencing or presiding judge, the Attorney General, the district attorney for the county where the applicant resides, the district attorney for the county where the conviction occurred, the law enforcement agency that investigated the crime, the chief of police and sheriff in the municipality and county where the crime occurred and the chief of police and sheriff in the municipality where the applicant resides as of the filing of the application. The Governor may direct any appropriate investigation to be carried out. A. If, within 30 days of the sending of notice, a person notified objects in writing to the Governor regarding the initial issuance of a permit and provides the reason for the objection, the Governor may not issue a permit. The reason for the objection must be communicated in writing to the Governor in order for it to be the sole basis for denial. [PL 2017, c. 206, §3 (AMD).] B. If, within 30 days of the sending of notice, a person notified objects in writing, including the reason for the objection, to the Governor regarding a 2nd or subsequent issuance of a permit, the Governor shall take the objection and its reason into consideration when determining whether to issue a 2nd or subsequent permit to the applicant, but need not deny the issuance of a permit based on an objection alone. [PL 2017, c. 206, §3 (AMD).] The Governor may deny any application for a permit even if no objection is filed. [PL 2017, c. 206, §3 (AMD).]

4-A. Application for relief. Except as otherwise provided, a person subject to the federal prohibition against possession of firearms pursuant to 18 United States Code, Section 922(g)(4) as a result of being adjudicated a mental defective may, after the expiration of 5 years from the date of final discharge from commitment, apply to the commissioner for relief from the disability. Relief is not available under this subsection for a person found not criminally responsible by reason of insanity or incompetent to stand trial in a criminal case or a person adjudged by a Probate Court to lack the capacity to contract or manage the person's own affairs. A. An application under this subsection must be on a form developed by the commissioner. The application must include the applicant's full name; all aliases; date and place of birth; place of legal residence; occupation; make and model of the firearm sought to be possessed; reason for the request; date, place and docket number of commitment; name of institution to which applicant was committed; names of providers that provided mental health treatment for the applicant; date of discharge from commitment; release for all mental health records; and any other information determined by the commissioner to be of assistance. The application must be accompanied by certified or attested copies of the commitment from which the applicant seeks relief and the report of an independent psychologist or psychiatrist licensed to practice in this State specifically addressing the factors set forth in paragraph E . The commissioner may establish a roster of psychologists and psychiatrists qualified and interested in doing these evaluations. The psychologist or psychiatrist must be available for cross-examination. The psychologist or psychiatrist listed on the roster is an employee for the purposes of the Maine Tort Claims Act for evaluations under this paragraph. [PL 2007, c. 670, §9 (NEW); PL 2007, c. 670, §24 (AFF).] B. The commissioner has the independent authority to establish the following, to be paid by the applicant: (1) Application fee; and (2) Fees for evaluations required by paragraph A . [PL 2007, c. 670, §9 (NEW); PL 2007, c. 670, §24 (AFF).] C. Upon receipt of a completed application, the commissioner shall notify persons who received notice of the commitment pursuant to Title 34‑B, section 3864, subsection 3, paragraph A , subparagraph (2) and the district attorney, chief of police and sheriff in the municipality and county where the applicant resides of the filing of the application, with a request to provide to the commissioner any information relevant to the factors in paragraph E . [PL 2007, c. 670, §9 (NEW); PL 2007, c. 670, §24 (AFF).] D. Upon receipt of a completed application, the commissioner shall review the application and determine whether the person has made a prima facie showing of the elements of paragraph E . If the commissioner determines that the person has made a prima facie showing, the commissioner shall schedule a hearing. [PL 2007, c. 670, §9 (NEW); PL 2007, c. 670, §24 (AFF).] E. The burden of proof is on the applicant to prove, by clear and convincing evidence, that the circumstances that led to the involuntary commitment to a hospital have changed, that the applicant is not likely to act in a manner dangerous to public safety and that granting the application for relief will not be contrary to the public interest. [PL 2007, c. 670, §9 (NEW); PL 2007, c. 670, §24 (AFF).] F. If the commissioner finds by clear and convincing evidence that the circumstances that led to the involuntary commitment have changed, that the applicant is not likely to act in a manner dangerous to public safety and that granting the application for relief will not be contrary to the public interest, the commissioner may grant relief. [PL 2007, c. 670, §9 (NEW); PL 2007, c. 670, §24 (AFF).] G. Notwithstanding any other provision of law, and except as indicated in this paragraph, all applications for relief pursuant to this subsection and documents made a part of the application, refusals and any information of record collected by the commissioner during the process of determining whether an applicant qualifies for relief are confidential and may not be made available for public inspection or copying unless: (1) The applicant waives this confidentiality in writing or on the record of any hearing; or (2) A court of record so orders. Proceedings relating to the grant or denial of relief are not public proceedings under Title 1, chapter 13 . The commissioner shall make a permanent record, in the form of a summary, of the final decision regarding each application. The summary must include the name of the applicant and indicate whether the application for relief was granted or denied. The information contained in this summary is available for public inspection. [PL 2007, c. 670, §9 (NEW); PL 2007, c. 670, §24 (AFF).] H. An applicant may appeal the denial of an application for relief under this subsection within 30 days of receipt of the written notice of decision by filing a complaint in the District Court for de novo review in the district where the Department of Public Safety has its principal office. Hearings are closed unless otherwise agreed to by the applicant. A party aggrieved by a decision of the District Court may not appeal as of right. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule. [PL 2007, c. 670, §9 (NEW); PL 2007, c. 670, §24 (AFF).] [PL 2011, c. 541, §1 (AMD).]

5. Appeal. Any person to whom a permit under subsection 2 has been denied may file a petition for review pursuant to Title 5, chapter 375, subchapter 7 . [PL 2007, c. 670, §10 (AMD).]

6. Filing fee. The commissioner may establish a reasonable filing fee not to exceed $25 to defray costs of processing applications. [PL 1977, c. 225, §2 (NEW).]

7. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Firearm" has the same meaning as in Title 17‑A, section 2, subsection 12‑A . [PL 2001, c. 549, §4 (NEW).] B. "Not criminally responsible by reason of insanity" has the same meaning as used in section 103 and any comparable finding under the laws of the United States or any other state. [PL 2005, c. 527, §4 (AMD).] C. [PL 2021, c. 608, Pt. B, §9 (RP).] D. "Use of a dangerous weapon" has the same meaning as in Title 17‑A, section 2, subsection 9, paragraph A . [PL 2001, c. 549, §4 (NEW).] E. "Commissioner" means the Commissioner of Public Safety or the commissioner's designee. [PL 2007, c. 670, §11 (NEW).] F. "Another jurisdiction" has the same meaning as in Title 17‑A, section 2, subsection 3‑B . [PL 2021, c. 608, Pt. B, §10 (NEW).] [PL 2021, c. 608, Pt. B, §§9, 10 (AMD).]

8. Penalty. [PL 2015, c. 470, §4 (RP).]

9. Prima facie evidence. Notwithstanding any other law or rule of evidence, a copy of a court abstract provided by a court to the Department of Public Safety, State Bureau of Identification pursuant to Title 34‑B, section 3864, subsection 12 , if certified by the custodian of the records of that bureau, or the custodian's designee, is admissible in a criminal prosecution brought pursuant to this section as prima facie evidence that the person identified in the abstract has been involuntarily committed by the court issuing the abstract and has been provided the notice required in Title 34‑B, section 3864, subsection 5, paragraph A‑1 and Title 34‑B, section 3864, subsection 13 . [PL 2007, c. 670, §13 (NEW).]

10. Subpoena power. The commissioner is authorized to issue a subpoena in the name of the commissioner in accordance with Title 5, section 9060 , except that this authority applies to any stage of an investigation under this section and is not limited to an adjudicatory hearing. If a witness refuses to obey a subpoena or to give any evidence relevant to proper inquiry by the commissioner, the Attorney General may petition the Superior Court in the county where the refusal occurred to find the witness in contempt. The Attorney General shall cause to be served on that witness an order requiring the witness to appear before the Superior Court to show cause why the witness should not be adjudged in contempt. The court shall, in a summary manner, hear the evidence and, if it is such as to warrant the court in doing so, punish that witness in the same manner and to the same extent as for contempt committed before the Superior Court or with reference to the process of the Superior Court. [PL 2007, c. 670, §14 (NEW).]

11. Rules. The commissioner may adopt rules to implement the provisions of subsections 2 to 4‑A . Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 670, §15 (NEW).]
15 M.R.S. § 458 — ME Code / Title 15 / Part 1 / Chapter 17 / Section 458
15 §458. Appearance of counsel by remote methods
Status: in_force

Unless the court orders otherwise in the interests of justice, the court shall schedule pretrial nontestimonial criminal matters in a manner that permits the appearance of counsel by remote methods to the greatest extent possible. As used in this section, "remote methods" has the same meaning as in Title 1, section 403‑B, subsection 1 . [PL 2025, c. 178, §1 (NEW).]
15 M.R.S. § 5825 — ME Code / Title 15 / Part 7 / Chapter 517 / Section 5825
15 §5825. Records; reports
Status: in_force

1. Records of forfeited property. Any officer to whom or department or agency to which property subject to forfeiture under section 5821 has been ordered forfeited shall maintain records showing: A. The name of the court that ordered each item of property to be forfeited to the officer, department or agency; [PL 2019, c. 651, §1 (AMD).] B. [PL 2019, c. 651, §1 (RP).] C. [PL 2019, c. 651, §1 (RP).] D. The date on which each item of property was ordered forfeited to the officer, department or agency; and [PL 2019, c. 651, §1 (AMD).] E. A description of each item of property forfeited to the officer, department or agency. [PL 2019, c. 651, §1 (AMD).] The records must be open to inspection. A copy of each record must be filed with the Department of Public Safety. [PL 2021, c. 454, §12 (AMD).]

2. Department of Public Safety. A report of the transfer of property previously held by the Department of Public Safety and then ordered by a court to be forfeited to another governmental entity must be provided upon request to the Commissioner of Administrative and Financial Services and the Office of Fiscal and Program Review. The report must account for any such transfer that occurred during the 12 months preceding such a request. The Department of Public Safety shall maintain all records filed with the department pursuant to subsection 1 . The Department of Public Safety shall make all records under this subsection available on a publicly accessible website. [PL 2021, c. 454, §12 (AMD).]
15 M.R.S. § 1098 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1098
15 §1098. Proceedings for revocation of post-conviction bail
Status: in_force

1. In general. The attorney for the State, or the court on its own motion, may move for the revocation of a defendant's post-conviction bail based upon probable cause to believe that the defendant has failed to appear as required, has violated a condition of post-conviction bail or has been charged with a crime allegedly committed while released on post-conviction bail. The motion must set forth the essential facts underlying the alleged violation. If the defendant has not already been arrested pursuant to subsection 2 , the clerk of the court shall issue, upon the request of the attorney for the State or by the direction of the court, a warrant for the defendant's arrest or, in lieu of a warrant if so directed, a summons ordering the defendant to appear for a court hearing on the alleged violation. The summons must include the signature of the attorney for the State or the court, the time and place of the alleged violation and the time, place and date the person is to appear in court. If the defendant can not be located with due diligence, a hearing on the motion for revocation must be heard in the defendant's absence. [PL 1995, c. 356, §19 (NEW).]

2. Arrest. Prior to the filing of a motion to revoke a defendant's post-conviction bail under subsection 1 , a law enforcement officer when requested by the attorney for the State, may arrest with a warrant, or without a warrant pursuant to Title 17-A, section 15 , any defendant who the law enforcement officer has probable cause to believe has failed to appear as required, violated a condition of post-conviction bail or been charged with a crime allegedly committed while released on post-conviction bail. A defendant under arrest pursuant to this section must be brought before a judge or justice of the appropriate court. The judge or justice shall determine without hearing whether the existing post-conviction bail order should be modified or the defendant should be committed without bail pending the bail revocation hearing. A copy of the motion for revocation must be furnished to the defendant prior to the hearing on the alleged violation, unless the hearing must be conducted in the absence of the defendant. [PL 2011, c. 341, §5 (AMD).]
15 M.R.S. § 1414 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1414
15 §1414. Summons to testify in this State
Status: in_force

If a person in any state that by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this State is a material witness in a prosecution pending in a court of record in this State or in a grand jury investigation that has commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to ensure the witness's attendance in this State. This certificate must be presented to a judge of a court of record within whose territorial jurisdiction the witness is found. [RR 2023, c. 2, Pt. D, §60 (COR).]

If the witness is summoned to attend and testify in this State, the witness must be tendered the sum of 10¢ a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $15 for each day that the witness is required to travel and attend as a witness. In addition, the witness, upon submission of proper vouchers to the court, may be allowed reasonable allowance for meals and lodging at the discretion of the presiding justice. A witness who has appeared in accordance with the summons may not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, the witness must be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State. [RR 2023, c. 2, Pt. D, §60 (COR).]
15 M.R.S. § 3311-A — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3311-A
15 §3311-A. Eligibility for deferred disposition
Status: in_force

A juvenile who has entered an admission to a juvenile crime that would be a Class C, Class D or Class E crime or a civil violation if committed by an adult and who consents in writing to a deferred disposition is eligible for a deferred disposition pursuant to section 3311‑B . [PL 2011, c. 480, §1 (AMD).]
15 M.R.S. § 3311-D — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3311-D
15 §3311-D. Limited review by appeal
Status: in_force

A juvenile is precluded from seeking to attack the legality of a deferred disposition, including a final disposition, except that a juvenile who has been determined by a court to have inexcusably failed to comply with a court-imposed deferment requirement and thereafter has had imposed a dispositional alternative authorized for the juvenile crime may appeal to the Supreme Judicial Court, but not as of right. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule. [PL 2015, c. 409, §7 (AMD).]
15 M.R.S. § 3314-A — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3314-A
15 §3314-A. Period of probation; modification and discharge
Status: in_force

The period of probation of a juvenile, its modification and discharge, is as provided by Title 17‑A, section 1804 , except that the period of probation of a juvenile adjudicated of a juvenile crime as defined by section 3103, subsection 1, paragraph B or C may not exceed one year. The period of probation may extend beyond the juvenile's 21st birthday. [PL 2025, c. 431, §20 (AMD).]
15 M.R.S. § 282 — ME Code / Title 15 / Part 1 / Chapter 11 / Section 282
15 §282. Complaint that offense threatened
Status: in_force

A judge described in section 281, on complaint that any person threatens to commit an offense against the person or property of another, shall examine, on oath, the complainant and any other witnesses produced, reduce the complaint to writing and cause the complainant to sign it. If on examination of the facts the judge thinks that there is just cause to fear the commission of an offense, the judge shall issue a warrant reciting the substance of the complaint and commanding the officer to whom it is directed to arrest forthwith the accused and bring the accused before the judge or court. [RR 2023, c. 2, Pt. D, §38 (COR).]
15 M.R.S. § 2307 — ME Code / Title 15 / Part 4 / Chapter 311 / Section 2307
15 §2307. Acts not reviewable in receiving state; return -- Article VI
Status: in_force

1. Decision. Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to remove a patient from the receiving state, there is pending against the patient within such state any criminal charge or if the patient is suspected of having committed within such state a criminal offense, the patient shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport patients pursuant to this compact through any and all states party to this compact without interference. [PL 1979, c. 303 (NEW).]

2. Escape. A patient who escapes while receiving care and treatment or who violates provisions of aftercare by leaving the jurisdiction, or while being detained or transported pursuant to this compact shall be deemed an escapee from the sending state and from the state in which the facility is situated or the aftercare was being provided. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for return shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. [PL 1979, c. 303 (NEW).]
15 M.R.S. § 394 — ME Code / Title 15 / Part 1 / Chapter 15 / Section 394
15 §394. Prohibited sale or transfer of firearms to certain persons
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Antique firearm" means any of the following: (1) A firearm manufactured in or before 1898, including a firearm with a matchlock, flintlock, percussion cap or similar type of ignition system; (2) A replica of a firearm described in subparagraph (1), if that replica: (a) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (b) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or (3) A muzzle-loading firearm, as defined in Title 12, section 10001, subsection 42 . "Antique firearm" does not include a firearm or a muzzle-loading firearm that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination of the barrel, bolt or breechblock. [PL 2023, c. 305, §1 (NEW).] B. "Firearm" has the same meaning as in Title 17‑A, section 2, subsection 12‑A . [PL 2023, c. 305, §1 (NEW).] B-1. "Intentionally" has the same meaning as in Title 17‑A, section 35, subsection 1 . [PL 2023, c. 675, §2 (NEW).] B-2. "Knowingly" has the same meaning as in Title 17‑A, section 35, subsection 2 . [PL 2023, c. 675, §3 (NEW).] B-3. "Recklessly" has the same meaning as in Title 17‑A, section 35, subsection 3 . [PL 2023, c. 675, §4 (NEW).] C. "Sell" has the same meaning as in Title 17‑A, section 554‑A, subsection 1, paragraph C . [PL 2023, c. 305, §1 (NEW).] D. "Transfer" has the same meaning as in Title 17‑A, section 554‑A, subsection 1, paragraph A . [PL 2023, c. 305, §1 (NEW).] [PL 2023, c. 675, §§2-4 (AMD).]

2. Sale or transfer prohibited. A person may not intentionally, knowingly or recklessly sell or transfer a firearm to a person who is prohibited from owning, possessing or having under that person's control a firearm pursuant to section 393 and who does not have a permit issued under section 393 . This subsection does not apply to the sale or transfer of an antique firearm. Violation of this subsection is a Class C crime. [PL 2023, c. 675, §5 (AMD).]
15 M.R.S. § 1252 — ME Code / Title 15 / Part 3 / Chapter 203 / Section 1252
15 §1252. Oaths
Status: in_force

When the grand jury is to be impaneled, the clerk shall call the first 2 persons named on the list and administer the following oath to them: "You, as grand jurors of this County of .........., solemnly swear that you will diligently inquire and true presentment make of all matters and things given you in charge. The state's counsel, your fellows' and your own, you shall keep secret. You shall present no man for envy, hatred or malice; nor leave any man unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly as they come to your knowledge, according to the best of your understanding. So help you God." The other jurors shall then be called, in such divisions as the court orders and the following oath shall be administered to them: "The same oath which your fellows have taken on their part, you and each of you on your part shall well and truly observe and keep. So help you God."
15 M.R.S. § 2161 — ME Code / Title 15 / Part 4 / Chapter 307 / Section 2161
15 §2161. Notice to district attorney and Attorney General of all petitions for pardon or commutation
Status: in_force

On all petitions to the Governor for pardon or commutation of sentences, written notice thereof must be given to the Attorney General and the district attorney for the county where the case was tried at least 4 weeks before the time of the hearing thereon, and 4 weeks' notice in a newspaper of general circulation in the county. If the crime for which the pardon is asked or for which commutation of sentence is sought is punishable by imprisonment in the State Prison, the Attorney General or the district attorney for the county where the case was tried shall, upon the request of the Governor, attend the meeting of the Governor or the Parole Board at which the petition is to be heard and the Governor shall allow the district attorney the district attorney's necessary expenses for such attendance and a reasonable compensation for the district attorney's services to be paid from the State Treasury out of the appropriation for costs in criminal prosecutions. The Governor may require the judge and prosecuting officer who tried the case to furnish the Governor or the Parole Board a concise statement thereof as proved at the trial and any other facts bearing on the propriety of granting pardon or commutation. [RR 2023, c. 2, Pt. D, §80 (COR).]
15 M.R.S. § 2115 — ME Code / Title 15 / Part 4 / Chapter 305 / Section 2115
15 §2115. Appeals from the Superior Court
Status: in_force

In any criminal proceeding in the Superior Court, any defendant aggrieved by a judgment of conviction, ruling or order may appeal to the Supreme Judicial Court sitting as the Law Court. 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, §17 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
15 M.R.S. § 3101 — ME Code / Title 15 / Part 6 / Chapter 503 / Section 3101
15 §3101. Jurisdiction
Status: in_force

1. District Court as Juvenile Court. The District Court shall exercise the jurisdiction conferred by this Part and, when exercising such jurisdiction, shall be known and referred to as the Juvenile Court. [PL 1979, c. 681, §38 (AMD).]

2. Juvenile Court jurisdiction. A. The Juvenile Court shall have exclusive original jurisdiction, subject to waiver of jurisdiction as provided in subsection 4 , of proceedings in which a juvenile is alleged to have committed a juvenile crime, as defined in section 3103 . [PL 1979, c. 681, §38 (AMD).] B. [PL 1977, c. 664, §7 (RP).] C. Juvenile Courts have jurisdiction over all petitions brought under Title 34‑A, chapter 9, subchapter 7 pertaining to juveniles who have been adjudicated as having committed juvenile crimes in other states, but who are found within the territorial jurisdiction of the State. [PL 2017, c. 127, §1 (AMD).] D. Juvenile Courts have exclusive original jurisdiction over proceedings in which an adult is alleged to have committed a juvenile crime before attaining 18 years of age. For purposes of a proceeding under this paragraph, the adult is considered a juvenile. [PL 2019, c. 525, §9 (AMD).] E. Juvenile Courts shall have jurisdiction concurrent with the District Courts over petitions for emancipation brought under section 3506‑A . [PL 1981, c. 619, §3 (NEW).] F. The jurisdiction of the Juvenile Court is concurrent with that of a federal court sitting in the State over proceedings involving an alleged violation of federal law committed by a juvenile on a military installation of the United States Department of Defense if: (1) The United States Attorney for the District of Maine or the federal court waives exclusive jurisdiction; and (2) The violation of federal law is also a juvenile crime as defined in section 3103, subsection 1 . [PL 2023, c. 605, §2 (NEW).] [PL 2023, c. 605, §2 (AMD).]

3. Juveniles mistakenly tried as adults. A. If, during the pendency of any prosecution for a violation of law, in any court in the State against any person charged as an adult, it is ascertained that the person is a juvenile, or was a juvenile at the time the crime was committed, the court shall forthwith dismiss the case. [PL 1977, c. 520, §1 (NEW).] B. When a dismissal is ordered pursuant to paragraph A , a petition under chapter 507 , alleging the same violation of law for which the juvenile was charged as an adult may be filed in Juvenile Court. [PL 1979, c. 681, §38 (AMD).] [PL 1979, c. 681, §38 (AMD).]

4. Bind-over. A. When a petition alleges that a juvenile has committed an act that would be murder or a Class A, B or C crime if committed by an adult, the court shall, upon request of the prosecuting attorney, continue the case for further investigation and for a bind-over hearing to determine whether the jurisdiction of the Juvenile Court over the juvenile should be waived. If a continuance is granted under this paragraph, the court shall advise the juvenile and the juvenile's parent or parents, guardian or legal custodian of the possible consequences of a bind-over hearing, the right to be represented by counsel, and other relevant constitutional and legal rights . [PL 2019, c. 525, §10 (AMD).] B. Every bind-over hearing shall precede and shall be conducted separately from any adjudicatory hearing. The Maine Rules of Evidence shall apply only to the probable cause portion of the bind-over hearing. For the purpose of making the findings required by paragraph E , subparagraph (2), written reports and other material may be received by the court along with other evidence, but the court, if so requested by the juvenile, the juvenile's parent or guardian or other party, shall require that the person or persons who wrote the report or prepared the material appear as witness and be subject to examination, and the court may require that the persons whose statements appear in the report appear as witnesses and be subject to examination. [PL 1989, c. 502, Pt. B, §16 (AMD).] C. A verbatim record shall be kept in all bind-over proceedings. [PL 1977, c. 520, §1 (NEW).] C-1. With respect to the finding of probable cause required by paragraph E , subparagraph (1), the State has the burden of proof. [PL 1997, c. 645, §2 (NEW).] C-2. With respect to the finding of appropriateness required by paragraph E , subparagraph (2), the State has the burden of proof, except that in a case involving a juvenile who is charged with one or more juvenile crimes that, if the juvenile were an adult, would constitute murder, aggravated attempted murder, attempted murder, felony murder, Class A manslaughter other than the reckless or criminally negligent operation of a motor vehicle, elevated aggravated assault on a pregnant person, elevated aggravated assault, arson that recklessly endangers any person, causing a catastrophe, Class A robbery or Class A gross sexual assault in which the victim submits as a result of compulsion, the juvenile has the burden of proof. [PL 2007, c. 475, §6 (AMD).] D. The Juvenile Court shall consider the following factors in deciding whether to bind a juvenile over for prosecution as an adult: (1) Seriousness of the crime: the nature and seriousness of the offense with greater weight being given to offenses against the person than against property; whether the offense was committed in an aggressive, violent, premeditated or intentional manner; (2) Characteristics of the juvenile: the record and previous history of the juvenile; the age of the juvenile; the juvenile's emotional attitude and pattern of living; (3) Public safety: whether the protection of the community requires commitment of the juvenile for a period longer than the greatest commitment authorized; whether the protection of the community requires commitment of the juvenile to a facility that is more secure than any dispositional alternative under section 3314 ; and (4) Dispositional alternatives: whether future criminal conduct by the juvenile will be deterred by the dispositional alternatives available; whether the dispositional alternatives would diminish the gravity of the offense. [PL 2015, c. 409, §1 (AMD).] E. The Juvenile Court shall bind a juvenile over for prosecution as an adult if it finds: (1) That there is probable cause to believe that a juvenile crime has been committed that would constitute murder or a Class A, Class B or Class C crime if the juvenile involved were an adult and that the juvenile to be bound over committed it; and (2) After a consideration of the seriousness of the crime, the characteristics of the juvenile, the public safety and the dispositional alternatives in paragraph D , that: (a) If the State has the burden of proof, the State has established by a preponderance of the evidence that it is appropriate to prosecute the juvenile as if the juvenile were an adult; or (b) If the juvenile has the burden of proof, the juvenile has failed to establish by a preponderance of the evidence that it is not appropriate to prosecute the juvenile as if the juvenile were an adult. [PL 2015, c. 409, §2 (AMD).] E-1. [PL 2013, c. 28, §1 (RP).] E-2. Except as provided in paragraph E‑3 , if the Juvenile Court binds a juvenile over for prosecution as an adult and has directed the detention of the juvenile, if the juvenile attains 18 years of age and is being detained, the juvenile must be detained in an adult section of a jail. [PL 2025, c. 361, §1 (AMD).] E-3. The following provisions govern a stay of detention of a juvenile in an adult section of a jail pending indictment. (1) The Department of Corrections may request that a juvenile who would otherwise be detained in an adult section of a jail be detained in a detention facility approved or operated by the department exclusively for juveniles, referred to in this paragraph as a "juvenile facility," under the following conditions: (a) The juvenile is ordered detained pending the return of an indictment, including any period of time the juvenile is detained pending an appeal of the order binding the juvenile over for prosecution as an adult taken following the issuance of the bind-over order; (b) The request is made to the Juvenile Court at least 14 days prior to the bind-over hearing or, if the juvenile will not have attained 18 years of age at the time of the hearing, at least 30 days prior to the juvenile attaining 18 years of age; and (c) Notice of the request is provided by the department to the prosecuting attorney and the attorney for the juvenile. (2) The Juvenile Court that conducts the bind-over hearing may grant a request made pursuant to subparagraph (1). If the request is made to the Juvenile Court prior to the bind-over hearing, the Juvenile Court shall include its decision in the bind-over order if the State's motion for bind-over is granted. If the juvenile will not have attained 18 years of age at the time of the hearing, and the request is made subsequently, the Juvenile Court shall decide whether to grant the request prior to the juvenile attaining 18 years of age. (3) The Juvenile Court shall consider the following factors in deciding whether to permit a bound-over juvenile to remain within a juvenile facility pending the return of an indictment: (a) Whether the juvenile's behavior at the juvenile facility creates a risk of harm to others at the facility; (b) Whether the juvenile has behavioral health needs that would be better addressed at the juvenile facility; and (c) Whether the juvenile is engaged in education or treatment programs at the juvenile facility that would be disrupted by detention in the adult section of a jail. (4) The Juvenile Court shall grant the request made pursuant to subparagraph (1) if it finds, by a preponderance of the evidence, that it would be appropriate for the juvenile to remain in a juvenile facility pending indictment. (5) If the Juvenile Court grants the request made pursuant to subparagraph (1), the department may at any time request that the Juvenile Court rescind the order if detention at a juvenile facility is no longer appropriate for the juvenile considering the factors described in subparagraph (3). (6) A person may not be detained in a detention facility approved or operated by the department exclusively for juveniles if the person has attained 18 years of age and an indictment is returned or if the person attains 21 years of age. [PL 2025, c. 361, §2 (NEW).] F. The Juvenile Court shall bind over a child by entering an order finding probable cause, waiving jurisdiction and certifying the case for proceedings before the grand jury. The Juvenile Court shall enter written findings supporting its order finding probable cause and waiving jurisdiction. Proceedings concerning a juvenile who has been bound over for prosecution as an adult must be conducted in the same manner and with the same powers and duties as if the juvenile were an adult. [PL 2015, c. 409, §4 (AMD).] G. In all prosecutions for subsequent crimes, any person bound over and convicted as an adult must be proceeded against as if the juvenile were an adult. [PL 2019, c. 525, §11 (AMD).] [PL 2025, c. 361, §§1, 2 (AMD).]
15 M.R.S. § 321 — ME Code / Title 15 / Part 1 / Chapter 12-A / Section 321
15 §321. Protective orders in crimes between family members
Status: in_force

1. Definition. For purposes of this section, "family or household members" means spouses or domestic partners or former spouses or former domestic partners, individuals presently or formerly living as spouses, natural parents of the same child, adult household members related by consanguinity or affinity or minor children of any household member when the offender is an adult household member. Holding oneself out to be a spouse is not necessary to constitute "living as spouses." [PL 2021, c. 567, §7 (AMD).]

2. Grounds for order. The court may issue a protective order if: A. A person is charged with or convicted of a violation of Title 17‑A, section 201 , 202 , 203 , 204 , 207 , 207‑A , 208 , 208‑A , 208‑B , 208‑C , 208‑D , 208‑E , 208‑F , 209 , 209‑A , 210 , 210‑A , 210‑B , 210‑C , 211 , 253 , 301 , 302 , 303 , 506‑A or 556 ; [PL 2023, c. 405, Pt. A, §32 (AMD).] B. The offender and the victim are family or household members; and [PL 1983, c. 619 (NEW).] C. The court finds that there is a likelihood that the offender may injure the health or safety of the victim in the future. [PL 1983, c. 619 (NEW).] [PL 2023, c. 405, Pt. A, §32 (AMD).]

3. Scope of order. A protective order may be a condition of release. It may require the offender: A. To stay away from the home, school, business or place of employment of the victim; [PL 1983, c. 619 (NEW).] B. Not to visit, or to visit only at certain times or under certain conditions, a child residing with the victim; or [PL 1983, c. 619 (NEW).] C. Not to do specific acts which the court finds may harass, torment or threaten the victim. [PL 1983, c. 619 (NEW).] [PL 1983, c. 619 (NEW).]

4. Issuance of order. The clerk may issue, without fee, a copy of a protective order, amendment or revocation to the offender, the victim and to the law enforcement agencies most likely to enforce it as determined by the court. [PL 1989, c. 372, §1 (AMD).]

5. Appeal. A court decision may be appealed as provided by the Maine Rules of Civil Procedure. [PL 1983, c. 619 (NEW).]

6. Penalty. Violation of a protective order or of any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe, when the person has prior actual notice of the order, is a Class D crime. Notwithstanding any statutory provision to the contrary, an arrest for violation of a protective order may be without warrant upon probable cause whether or not the violation is committed in the presence of the law enforcement officer. The law enforcement officer may verify, if necessary, the existence of a protective order by telephone or radio communication with a law enforcement agency with knowledge of the order. [PL 1995, c. 469, §2 (AMD).]
15 M.R.S. § 1312 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1312
15 §1312. No fees to state witnesses
Status: in_force

No costs shall be taxed for witnesses before the grand jury in a case where no bill is found nor in complaints against towns for defect of road, unless they were admitted to bail so to attend or were subpoenaed by order of the grand jury or at the request of the prosecuting officer; nor is it necessary to tender fees to witnesses subpoenaed in behalf of the State. [PL 1965, c. 356, §50 (AMD).]
15 M.R.S. § 2122 — ME Code / Title 15 / Part 4 / Chapter 305-A / Section 2122
15 §2122. Purpose
Status: in_force

This chapter provides a comprehensive and, except for direct appeals from a criminal judgment, exclusive method of review of those criminal judgments and of post-sentencing proceedings occurring during the course of sentences. It is a remedy for illegal restraint and other impediments specified in section 2124 that have occurred directly or indirectly as a result of an illegal criminal judgment or post-sentencing proceeding. It replaces the remedies available pursuant to post-conviction habeas corpus, to the extent that review of a criminal conviction or proceedings were reviewable, the remedies available pursuant to common law habeas corpus, including habeas corpus as recognized in Title 14, sections 5501 and 5509 to 5546 , coram nobis, audita querela, writ of error, declaratory judgment and any other previous common law or statutory method of review, except appeal of a judgment of conviction or juvenile adjudication and remedies that are incidental to proceedings in the trial court. The substantive extent of the remedy of post-conviction review is defined in this chapter and not defined in the remedies that it replaces; provided that this chapter provides and is construed to provide relief for those persons required to use this chapter as required by the Constitution of Maine, Article I, Section 10. [PL 2011, c. 601, §4 (AMD).]
15 M.R.S. § 3309 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3309
15 §3309. Procedure
Status: in_force

To the extent not inconsistent with or inapplicable to Part 6 , procedure in juvenile proceedings must be in accordance with the Maine Rules of Unified Criminal Procedure. The Supreme Judicial Court may promulgate rules for juvenile proceedings as provided under Title 4, section 8 . [PL 2015, c. 431, §31 (AMD).]
15 M.R.S. § 3314-C — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3314-C
15 §3314-C. Juvenile restitution
Status: in_force

1. Definitions. Terms used in this section have the same meaning as in Title 17‑A, section 2002 , unless otherwise indicated. [PL 2019, c. 474, §4 (NEW).]

2. Mandatory consideration of restitution. This subsection applies to the mandatory consideration of restitution. A. The court shall, whenever practicable, inquire of a prosecutor, law enforcement officer or victim with respect to the extent of the victim's economic loss and shall order restitution when authorized and appropriate. [PL 2019, c. 474, §4 (NEW).] B. The order for restitution must designate the amount of restitution to be paid, that the order may be subject to modification or termination pursuant to subsection 6 and the person or persons to whom restitution must be paid. [PL 2019, c. 474, §4 (NEW).] C. In any case in which the court determines that restitution should not be imposed in accordance with the criteria set forth in subsection 3 , the court shall state on the record or in writing the reasons for not imposing restitution. [PL 2019, c. 474, §4 (NEW).] [PL 2019, c. 474, §4 (NEW).]

3. Criteria for juvenile restitution. The criteria for ordering restitution to be paid by a juvenile are as follows. A. Restitution as part of a juvenile disposition may be authorized, in whole or in part, as compensation for economic loss. In determining the amount of restitution a court is authorized to order a juvenile to pay, the court shall consider the following: (1) The contributory misconduct of the victim; (2) Failure by the victim to report the crime to a law enforcement officer within 72 hours after its occurrence, without good cause for failure to report within that time period; and (3) The present and future capacity of the juvenile to pay restitution. [PL 2019, c. 474, §4 (NEW).] B. The court is not authorized to order that a juvenile pay restitution: (1) To a victim without that victim's consent; (2) To a victim who is an accomplice of the juvenile; (3) To a victim who has otherwise been compensated from a collateral source, but economic loss in excess of that collateral compensation may be authorized; (4) On a joint and several basis; or (5) When the amount and method of payment of monetary restitution places an excessive financial hardship on the juvenile or dependent of the juvenile. In making this determination, the court shall consider all relevant factors, including, but not limited to, the following: (a) The impact a restitution order would have on a juvenile, the juvenile's dependents and the juvenile's family, with particular consideration given to whether or not the juvenile or the juvenile's parents or guardians have been determined to be indigent; (b) The minimum living expenses of the juvenile and the juvenile's dependents, including any other persons who are actually dependent on the juvenile; (c) The special needs of the juvenile and the juvenile's dependents, including necessary travel expenses to and from work; (d) The juvenile's present income and potential future earning capacity; (e) The juvenile's resources; (f) The juvenile's age; (g) The juvenile's educational obligations; (h) The juvenile's participation in substance use disorder treatment or mental health treatment or both; (i) The stability or transience of the juvenile's living situation; (j) The juvenile's access to transportation; (k) Work restrictions on juveniles as set forth in Title 26, chapter 7 ; and (l) The confinement of the juvenile as part of the juvenile's disposition. [PL 2019, c. 474, §4 (NEW).] [PL 2019, c. 474, §4 (NEW).]

4. Authorized claimants. A court's order directing a juvenile to pay restitution is authorized only for: A. The victim or victims, who must be natural persons, or a dependent of a deceased victim. A juvenile's obligation to pay restitution is not affected by the death of the victim to whom the restitution is due. In the case of the death of a victim, the money collected as restitution must be forwarded to the estate of the victim; and [PL 2019, c. 474, §4 (NEW).] B. Any person legally authorized to act on behalf of the victim. [PL 2019, c. 474, §4 (NEW).] [PL 2019, c. 474, §4 (NEW).]

5. Burdens of proof. At a hearing on a juvenile's capacity to pay restitution, there exists a rebuttable presumption that a juvenile who has not attained 16 years of age lacks the capacity to pay restitution. The State has the burden to rebut that presumption by a preponderance of the evidence. At a hearing in which a juvenile who has attained 16 years of age asserts a present or future incapacity to pay restitution, the juvenile has the burden of proving the incapacity to pay restitution by a preponderance of the evidence. On appeal of a restitution order, as part of a juvenile disposition, the juvenile has the burden of demonstrating that the court abused its discretion in ordering an amount of restitution. [PL 2019, c. 474, §4 (NEW).]

6. Modification of orders on juvenile restitution. This subsection governs the modification of juvenile restitution orders. A. A juvenile who is not able to make restitution payments in the manner ordered by the court shall move the court for a modification of the time or method of payment. If the juvenile establishes by a preponderance of the evidence that the juvenile is unable to pay restitution in the time and manner ordered, the court may modify its prior order to reduce the amount of each installment or to allow additional time for payment. [PL 2019, c. 474, §4 (NEW).] B. Upon motion of the juvenile, the juvenile's parent or parents or the juvenile's guardian, and upon notice to the State and providing an opportunity for the victim to comment on the motion, pursuant to Title 17‑A, sections 2102 , 2104 and 2105 , the court may review the restitution order and may modify its dispositional order to reduce or eliminate the amount of restitution ordered when the court determines that the juvenile has established by a preponderance of the evidence that payment of the current restitution order would, based on a substantial change in the juvenile's circumstances, constitute an excessive financial hardship on the juvenile or the juvenile's dependents. Additionally, if a court determines that a juvenile's failure to pay restitution was not willful and was excusable, the court may order that the juvenile complete court‑approved community service to offset the juvenile's restitution obligations at an hourly rate set by the court that may be no less than the minimum wage established in Title 26, section 664 . [PL 2019, c. 474, §4 (NEW).] [PL 2019, c. 474, §4 (NEW).]

7. Enforcement of an order of juvenile restitution. Notwithstanding section 3314, subsection 7 , to enforce an order of restitution upon a finding that the juvenile has inexcusably failed to comply with the order, the court may not order confinement as a remedial or punitive contempt sanction unless the juvenile has in fact attained 16 years of age. Upon a motion by the State to enforce the payment of restitution, the court may order, in addition to other remedial or punitive contempt sanctions for an inexcusable failure to pay restitution, that a juvenile complete court-approved community service at an hourly rate set by the court that may be no less than the minimum wage established in Title 26, section 664 . [PL 2019, c. 474, §4 (NEW).]

8. Payment and collection of restitution. Payment of restitution by and collection of restitution from a juvenile must be in accordance with Title 17‑A, sections 2006 , 2007 , 2008 , 2009 , 2011 , 2012 , 2013 , 2016 , 2017 and 2018 . [PL 2023, c. 136, §6 (NEW).]
15 M.R.S. § 3317 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3317
15 §3317. Disposition after return to Juvenile Court
Status: in_force

In instances of commitment of a juvenile to the Department of Health and Human Services or a Department of Corrections juvenile correctional facility or when the juvenile is under a specified period of probation, the Commissioner of Health and Human Services or the commissioner's designee or the Commissioner of Corrections or the commissioner's designee, or the juvenile following the disposition may for good cause petition the Juvenile Court having original jurisdiction in the case for a judicial review of the disposition, including extension of the period of commitment or period of probation. For a petition initiated by the juvenile, the Department of Health and Human Services or the Department of Corrections shall provide information including, but not limited to, the information in reports required for periodic review pursuant to section 3315 . In all cases in which the juvenile is returned to a Juvenile Court, the Juvenile Court may make any of the dispositions otherwise provided in section 3314 and Title 34‑A, section 3805, subsection 2 . When reviewing a commitment to the Department of Health and Human Services, the court shall consider efforts made by the Department of Corrections and the Department of Health and Human Services to reunify the juvenile with the juvenile's parents or custodians, shall make a finding regarding those efforts and shall return custody of the juvenile to a parent or legal custodian if the return of the juvenile is not contrary to the welfare of the juvenile. A petition for judicial review of a disposition committing the juvenile to the Department of Health and Human Services must be served on the parents at least 7 days prior to the hearing. Absent extraordinary circumstances, the juvenile may file a petition no more than once every 180 days. A juvenile who has not attained 21 years of age must be represented by counsel at this review. [PL 2021, c. 326, §14 (AMD).]
15 M.R.S. § 656 — ME Code / Title 15 / Part 2 / Chapter 100 / Section 656
15 §656. Responsibilities of law enforcement agencies
Status: in_force

Each law enforcement agency shall adopt policies to comply with this chapter. Local policies must ensure that all bench warrants are served and returns of service entered as required by section 654 . [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]
15 M.R.S. § 2031 — ME Code / Title 15 / Part 4 / Chapter 303 / Section 2031
15 §2031. Fees claimed within 3 years
Status: in_force

Sums allowed to any person as fees or for expenses in any criminal prosecution and payable from the State Treasury may be claimed by such person of the Treasurer of State at any time within 3 years after the allowance, and not afterwards. [PL 1975, c. 408, §34 (AMD).]
15 M.R.S. § 1315 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1315
15 §1315. Self-incrimination; failure to testify; spouse as witness
Status: in_force

In all criminal trials, the accused shall, at the accused's own request but not otherwise, be a competent witness. The accused may not be compelled to testify on cross-examination to facts that would convict or furnish evidence to convict the accused of any other crime than that for which the accused is on trial. The fact that the accused does not testify on the accused's own behalf may not be taken as evidence of the accused's guilt. The spouse of the accused is a competent witness except in regard to marital communications. [RR 2023, c. 2, Pt. D, §57 (COR).]
15 M.R.S. § 2152 — ME Code / Title 15 / Part 4 / Chapter 306-A / Section 2152
15 §2152. Sentence Review Panel of the Supreme Judicial Court
Status: in_force

There shall be a Sentence Review Panel of the Supreme Judicial Court to consider applications for leave to appeal from sentence, and no appeal of the sentence may proceed before the Supreme Judicial Court unless leave to appeal is first granted by the panel. The Sentence Review Panel shall consist of 3 justices of the Supreme Judicial Court to be designated from time to time by the Chief Justice of the Supreme Judicial Court. No justice may sit or act on an appeal from a sentence imposed by that justice. Leave to appeal shall be granted if any one of the 3 panelists votes in favor of granting leave. If leave to appeal is denied, the decision of the panel shall be final and subject to no further review. [PL 1989, c. 218, §5 (NEW).]
15 M.R.S. § 1097 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1097
15 §1097. Disposition after revocation of preconviction bail
Status: in_force

1. New criminal conduct. If the judge or justice finds that there are conditions of release that will reasonably ensure that the defendant will not continue to commit new crimes while out on bail, the judge or justice shall issue an order under section 1026 . If the judicial finding is otherwise, the judge or justice shall issue an order denying bail. [PL 1997, c. 543, §23 (RPR).]

2. Appearance of the defendant; ensuring the integrity of the judicial process; ensuring the safety of others in the community. If the judge or justice finds that there are conditions of release that will reasonably ensure the defendant's appearance at the time and place required and ensure the integrity of the judicial process and the safety of others in the community, the judge or justice shall issue an order under section 1026 . If the judicial finding is otherwise, the judge or justice shall issue an order denying bail. [PL 2007, c. 374, §13 (AMD).]

2-A. Crimes involving domestic violence. If the underlying crime is an offense specified in section 1023, subsection 4, paragraph B‑1 and the new conduct found by the court pursuant to section 1096 involves new allegations of domestic violence or contact with a victim or witness in the underlying case, the judge or justice shall issue an order denying bail, unless the judge or justice makes the findings on the record required by both subsections 1 and 2 . The judge or justice shall issue an order denying bail if there has been a previous revocation of preconviction bail pursuant to section 1096 . [PL 2011, c. 640, Pt. A, §4 (NEW).]

3. Appeal. A defendant in custody as a result of an order issued under this section may appeal to a single Justice of the Supreme Judicial Court. The appeal must be in accordance with the procedures set forth in the Maine Rules of Unified Criminal Procedure, Rule 46(e)(2). The review is limited to a review of the record to determine whether the order was rationally supported by the evidence. The determination by the single justice is final and no further relief is available. [PL 2015, c. 431, §17 (AMD).]

4. Limitations on bail. When a court has, after revocation on a complaint, ordered the defendant held without bail, the defendant is not entitled to have bail set when the same or more serious charges are brought by indictment or, if waived, by information or complaint, for the same underlying conduct. If different and lesser charges are later brought by the State for the same underlying conduct, the new lesser charges may constitute a change of circumstances pursuant to section 1026, subsection 3, paragraph C . [PL 2015, c. 431, §18 (AMD).]
15 M.R.S. § 6201 — ME Code / Title 15 / Part 8 / Chapter 521 / Section 6201
15 §6201. Definitions
Status: in_force

For the purposes of this chapter, the following terms have the following meanings. [PL 2023, c. 199, §1 (NEW).]

1. Law enforcement officer. "Law enforcement officer" has the same meaning as in Title 25, section 2801‑A, subsection 5 . [PL 2023, c. 199, §1 (NEW).]

2. Person responsible for the minor. "Person responsible for the minor" has the same meaning as "person responsible for the child" as defined in Title 22, section 4002, subsection 9 . [PL 2023, c. 199, §1 (NEW).]

3. Reported sexual assault. "Reported sexual assault" means, with respect to a sexual assault survivor who is an adult, a crime described in subsection 5, paragraph A or, with respect to a sexual assault survivor who is a child, a crime described in subsection 5, paragraph B . [PL 2023, c. 199, §1 (NEW).]

4. Sexual assault counselor. "Sexual assault counselor" has the same meaning as in Title 16, section 53‑A, subsection 1, paragraph B . [PL 2023, c. 199, §1 (NEW).]

5. Sexual assault survivor. "Sexual assault survivor" or "survivor" means: A. An adult who reports that the adult is a victim of a crime defined in: (1) Title 17‑A, chapter 11 ; (2) Title 17‑A, section 511‑A ; or (3) Title 17‑A, section 852 or 853 ; or [PL 2023, c. 199, §1 (NEW).] B. A minor who is reported by the minor or by a person responsible for the minor to be a victim of a crime defined in: (1) Title 17‑A, chapter 11 ; (2) Title 17‑A, section 511‑A ; (3) Title 17‑A, section 852 or 853 ; or (4) Title 17‑A, section 282 or 283 . [PL 2023, c. 199, §1 (NEW).] [PL 2023, c. 199, §1 (NEW).]
15 M.R.S. § 1004 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1004
15 §1004. Applicability and exclusions
Status: in_force

This chapter applies to the setting of bail for a defendant in a criminal proceeding, including the setting of bail for an alleged contemnor in a plenary contempt proceeding involving a punitive sanction under the Maine Rules of Civil Procedure, Rule 66. It does not apply to the setting of bail in extradition proceedings under sections 201 to 229 , post-conviction review proceedings under sections 2121 to 2132 , probation revocation proceedings under Title 17‑A, sections 1809 to 1814 , supervised release revocation proceedings under Title 17‑A, section 1883 or administrative release revocation proceedings under Title 17‑A, sections 1851 to 1857 , except to the extent and under the conditions stated in those sections. This chapter applies to the setting of bail for an alleged contemnor in a summary contempt proceeding involving a punitive sanction under the Maine Rules of Civil Procedure, Rule 66 and to the setting of bail relative to a material witness only as specified in sections 1103 and 1104 , respectively. This chapter does not apply to a person arrested for a juvenile crime as defined in section 3103 . [PL 2025, c. 431, §5 (AMD).]
15 M.R.S. § 1259 — ME Code / Title 15 / Part 3 / Chapter 203 / Section 1259
15 §1259. Challenges for cause
Status: in_force

Challenges for cause shall be allowed to the prosecuting officer and the accused as in civil cases, but no member of a grand jury finding an indictment shall sit on the trial thereof, if challenged therefor by the accused. [PL 1965, c. 356, §48 (RPR).]
15 M.R.S. § 2269 — ME Code / Title 15 / Part 4 / Chapter 310-A / Section 2269
15 §2269. Violation
Status: in_force

A person who, in violation of section 2265 or 2268 , intentionally disseminates sealed criminal history record information relating to a criminal conviction knowing it to be in violation of section 2265 or 2268 is guilty of unlawful dissemination of sealed records. Violation of this section is a Class E crime. [PL 2021, c. 674, §1 (NEW).]
15 M.R.S. § 3308-B — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3308-B
15 §3308-B. Mandatory notice to schools
Status: in_force

1. Mandatory notice to school administrative unit. When a juvenile is charged in a juvenile petition that alleges the use or threatened use of physical force against a person or when a juvenile is adjudicated as having committed one or more juvenile crimes that involve the use or threatened use of physical force against a person, the prosecuting attorney in the district where the charges were brought shall disseminate to the superintendent of the juvenile's school administrative unit or the superintendent's designee: A. The name of the juvenile; [PL 2019, c. 525, §23 (NEW).] B. The offense alleged or adjudicated; [PL 2019, c. 525, §23 (NEW).] C. The date of the offense; [PL 2019, c. 525, §23 (NEW).] D. The date of the petition; [PL 2019, c. 525, §23 (NEW).] E. The date of the adjudication, if applicable; and [PL 2019, c. 525, §23 (NEW).] F. The location of the court where the case was brought, if applicable. [PL 2019, c. 525, §23 (NEW).] [PL 2019, c. 525, §23 (NEW).]

2. Confidentiality. Information provided under subsection 1 is confidential, may not be distributed except as provided in subsection 1 and in Title 20‑A, section 1055, subsection 11 and may not be included in the juvenile's education record. [PL 2019, c. 525, §23 (NEW).]
15 M.R.S. § 3 — ME Code / Title 15 / Part 1 / Chapter 1 / Section 3
15 §3. Offenses near county line or in 2 counties
Status: in_force

When an offense is committed on the boundary between 2 counties or within 100 rods thereof; or a mortal wound or other violence or injury is inflicted or poison is administered in one county, whereby death ensues in another, the offense may be alleged in the complaint or indictment as committed, and may be tried in either.
15 M.R.S. § 1099-A — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1099-A
15 §1099-A. Disposition after revocation of post-conviction bail
Status: in_force

1. Held without bail. The judge or justice shall order the defendant held without bail unless the judge or justice finds that under the facts of the case it would be unreasonable to do so, in which event the judge or justice shall issue an order under section 1051 . [PL 1995, c. 356, §19 (NEW).]

2. Appeal. A defendant in custody as a result of an order issued under this section may appeal to a single Justice of the Supreme Judicial Court who shall review the revocation pursuant to the procedures set forth in section 1051, subsection 5 . The determination by the single justice is final and no further relief is available. [PL 1999, c. 731, Pt. ZZZ, §14 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
15 M.R.S. § 3310 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3310
15 §3310. Adjudicatory hearing, findings, adjudication
Status: in_force

1. Evidence and fact-finding. The Maine Rules of Evidence shall apply in the adjudicatory hearing. There shall be no jury. [PL 1979, c. 681, §22 (RPR).]

2. Consideration of additional evidence. A. When it appears that the evidence presented at the hearing discloses facts not alleged in the petition, the court may proceed immediately to consider the additional or different matters raised by the evidence without amendment of the petition if all the parties consent. [PL 1979, c. 681, §23 (AMD).] B. In the event all of the parties do not consent as provided in paragraph A , the court, on the motion of any party or on its own motion, shall: (1) Order that the petition be amended to conform to the evidence; (2) Order that hearing be continued if the amendment results in substantial surprise or prejudice to the juvenile; or (3) Request a separate petition alleging the additional facts be filed. [PL 1979, c. 681, §24 (AMD).] [PL 1979, c. 681, §§23,24 (AMD).]

3. Evidence of mental illness or incapacity. [PL 2011, c. 282, §2 (RP).]

4. Standard of proof. If the court finds that the elements of the juvenile crime as defined in section 3103, subsection 1, paragraph A , G or H are not supported by evidence beyond a reasonable doubt or that the elements of a juvenile crime as defined in section 3103, subsection 1, paragraph B or C are not supported by a preponderance of the evidence, the court shall order the petition dismissed and the juvenile discharged from any detention or restriction previously ordered. The juvenile's parents, guardian or other legal custodian must also be discharged from any restriction or other temporary order. [PL 2025, c. 431, §15 (AMD).]

5. Adjudication. A. If the court finds that the allegations of the petition alleging a juvenile crime as defined in section 3103, subsection 1, paragraph A , G or H are supported by evidence beyond a reasonable doubt or that the allegations of a petition alleging a juvenile crime as defined in section 3103, subsection 1, paragraph B or C are supported by a preponderance of the evidence, the court shall adjudge that the juvenile committed a juvenile crime and shall, in all such adjudications, issue an order of adjudication. [PL 2025, c. 431, §16 (AMD).] B. Following the issuance of the order of adjudication, a dispositional hearing must be commenced. Upon motion of any interested party or on the court's own motion, the time for the commencement of the dispositional hearing may be increased to 2 weeks or, upon cause shown, for a longer period. Once commenced, the dispositional hearing may be continued one or more times for any of the reasons specified in section 3312, subsection 3 or, upon cause shown, for any other reason. [PL 1995, c. 253, §1 (RPR).] [PL 2025, c. 431, §16 (AMD).]

6. Adjudication not deemed conviction. An adjudication of the commission of a juvenile crime shall not be deemed a conviction of a crime. [PL 1977, c. 520, §1 (NEW).]

7. Default judgment on certain juvenile crimes. If a juvenile fails to appear in response to a juvenile summons served pursuant to section 3304 for a juvenile crime described in section 3103, subsection 1, paragraph B or C , the judge may enter the juvenile's default, adjudicate that the juvenile has committed the juvenile crime alleged and impose a fine pursuant to section 3314, subsection 1, paragraph G . For good cause shown, the court may set aside the default and adjudication. [PL 2011, c. 336, §4 (NEW).]
15 M.R.S. § 1313 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1313
15 §1313. Punishment of state witness for nonattendance
Status: in_force

A person who, having been subpoenaed as a witness on behalf of the State before any court or grand jury, without reasonable cause fails to appear at the time and place designated in the subpoena, if the person is not punished therefor as for contempt, is guilty of a Class E crime. [RR 2023, c. 2, Pt. D, §55 (COR).]
15 M.R.S. § 1792 — ME Code / Title 15 / Part 4 / Chapter 301 / Section 1792
15 §1792. Alternative sentences to work-jails; authority of inspectors over incorrigible or dangerous convicts
Status: in_force

When a convict is sentenced to imprisonment and labor in any of the work-jails, the court or judge may in addition sentence the convict to the other punishment provided by law for the same offense, with the condition that if the convict cannot be received at the work-jail to which the convict is sentenced, or if at any time before the expiration of the sentence, in the judgment of the inspectors of jails, the convict becomes incorrigible or unsafe, they may order that the convict suffer the alternative sentence or punishment. If the alternative sentence is to the State Prison, the sheriff of the county where the convict is imprisoned shall forthwith, upon receiving the order of the inspectors, cause the convict to be conveyed to the State Prison at the expense of the county where the convict was sentenced. [RR 2023, c. 2, Pt. D, §68 (COR).]
15 M.R.S. § 1031 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1031
15 §1031. Bail if no indictment
Status: in_force

Any defendant charged with a formerly capital offense who has been denied bail in accordance with section 1027 shall have bail set under section 1026 if the defendant is not indicted in the county where the crime is alleged to have been committed at the 2nd regularly scheduled session of the grand jury next after the date of the denial of bail. [PL 1987, c. 758, §20 (NEW).]
15 M.R.S. § 1468 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1468
15 §1468. Exemption from arrest and service of process
Status: in_force

If a witness from another state comes into or passes through this State under an order directing the witness to attend and testify in this State or another state, the witness is not while in this State pursuant to the order subject to arrest or the service of process, civil or criminal, because of any act committed prior to the witness's arrival in this State under the order. [RR 2023, c. 2, Pt. D, §66 (COR).]
15 M.R.S. § 2114 — ME Code / Title 15 / Part 4 / Chapter 305 / Section 2114
15 §2114. Defendant may make election of trial
Status: in_force

In all Class D and E criminal proceedings, the defendant may waive the defendant's right to jury trial and elect to be tried in the District Court, as provided by rule of the Supreme Judicial Court. [PL 1999, c. 731, Pt. ZZZ, §16 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
15 M.R.S. § 5823 — ME Code / Title 15 / Part 7 / Chapter 517 / Section 5823
15 §5823. Perfecting titles to forfeited vehicles
Status: in_force

1. Vehicle report. Any officer, department or agency seizing any vehicle subject to forfeiture under section 5821 , shall file a report of seizure with the Attorney General or a district attorney having jurisdiction over the vehicle. This report must be filed at least 21 days from the date of seizure. The report shall be labeled "Vehicle Report" and shall include: A. A description of the vehicle; [PL 1987, c. 420, §2 (NEW).] B. The place and date of seizure; [PL 1987, c. 420, §2 (NEW).] C. The name and address of the owner or operator of the vehicle at the time of seizure; and [PL 1987, c. 420, §2 (NEW).] D. The name and address of any other person who appears to have an ownership interest in the vehicle. [PL 1987, c. 420, §2 (NEW).] The seizing officer, department or agency must make a diligent search and inquiry as to ownership of the vehicle. The filing of a vehicle report is conclusive evidence that a diligent search and inquiry were completed. [PL 1987, c. 420, §2 (NEW).]

2. Procedure. [PL 2021, c. 454, §11 (RP).]

3. Defaced or missing identification numbers. Any vehicle disposed of under this section that does not have a vehicle identification number or the number is illegible must be issued a special number by the Secretary of State under Title 29‑A, section 407 . [PL 1995, c. 65, Pt. A, §50 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]

4. Subsequent actions. Neither replevin or any other action to recover any interest in any vehicle disposed of under this section may be maintained in any court of this State. [PL 1987, c. 420, §2 (NEW).]
15 M.R.S. § 2268 — ME Code / Title 15 / Part 4 / Chapter 310-A / Section 2268
15 §2268. Eligible criminal conviction sealed under former chapter 310
Status: in_force

Notwithstanding Title 16, section 704 , the criminal history record information relating to a criminal conviction for which the court has determined the person is entitled to special restrictions on dissemination and use under former section 2254 is confidential and may not be disseminated by a criminal justice agency, whether directly or through any intermediary, except to the person who is the subject of the criminal conviction or that person's designee and to a criminal justice agency for the purpose of the administration of criminal justice and criminal justice agency employment. For the purposes of this section, dissemination to a criminal justice agency for the purpose of the administration of criminal justice includes dissemination and use of the criminal history record information relating to the qualifying criminal conviction by an attorney for the State or for another jurisdiction as part of a prosecution of the person for a new crime, including use in a charging instrument or other public court document and in open court. [PL 2021, c. 674, §1 (NEW).]

Section 2264, subsection 7 applies to a criminal conviction for which the court has determined the person is entitled to special restrictions on dissemination and use under former section 2254 if the person is convicted of a new crime. [PL 2021, c. 674, §1 (NEW).]
15 M.R.S. § 2130 — ME Code / Title 15 / Part 4 / Chapter 305-A / Section 2130
15 §2130. Relief
Status: in_force

If the court determines that relief should be granted, it shall order appropriate relief, including: Release from incarceration or other restraint; reversal of the criminal judgment, including one entered upon a plea of guilty or nolo contendere; entry of judgment for a lesser included offense; reversal of another order or decision, with or without affording the State or other party a new hearing; granting the right to take an appeal from the criminal judgment; correction of errors appearing as a matter of record; resentencing or a new sentence; and entry of an order altering the amount of time that a person incarcerated under a sentence has served or must serve. The judgment making final disposition is a final judgment for purposes of review by the Law Court. When relief is granted to the petitioner and release is appropriate, the justice may release a petitioner on bail pending appeal. [RR 2009, c. 2, §32 (COR).]
15 M.R.S. § 891 — ME Code / Title 15 / Part 2 / Chapter 105 / Section 891
15 §891. Dismissal on satisfaction of private injury
Status: in_force

1. General rule. When a person is charged with a Class D or Class E crime, or is the subject of a juvenile petition alleging a juvenile crime that would constitute a Class D or Class E crime if the juvenile involved were an adult, for which the party injured has a remedy by civil action, if the injured party appears before the court and in writing acknowledges satisfaction for the injury, the court, on payment of all costs, may dismiss the charge. [PL 2007, c. 536, §1 (NEW).]

2. Exceptions. This section does not apply to the crime or juvenile crime of refusing to submit to arrest or detention as defined by Title 17‑A, section 751-B, to any crime or juvenile crime in which the alleged victim is a family or household member as defined in Title 19‑A, chapter 103 or to any juvenile who has previously been adjudicated of a juvenile crime or who has previously obtained relief under this section with respect to a juvenile petition. [RR 2023, c. 2, Pt. A, §24 (COR).]
15 M.R.S. § 2154 — ME Code / Title 15 / Part 4 / Chapter 306-A / Section 2154
15 §2154. Purposes of sentence review by Supreme Judicial Court
Status: in_force

The general objectives of sentence review by the Supreme Judicial Court are: [PL 1989, c. 218, §5 (NEW).]

1. Sentence correction. To provide for the correction of sentences imposed without due regard for the sentencing factors set forth in this chapter; [PL 1991, c. 525, §1 (RPR).]

2. Promote respect for law. To promote respect for law by correcting abuses of the sentencing power and by increasing the fairness of the sentencing process; [PL 1989, c. 218, §5 (NEW).]

3. Rehabilitation. To facilitate the possible rehabilitation of an offender by reducing manifest and unwarranted inequalities among the sentences of comparable offenders; and [PL 1989, c. 218, §5 (NEW).]

4. Sentencing criteria. To promote the development and application of criteria for sentencing which are both rational and just. [PL 1989, c. 218, §5 (NEW).]
15 M.R.S. § 2266 — ME Code / Title 15 / Part 4 / Chapter 310-A / Section 2266
15 §2266. Limited disclosure of eligible criminal conviction
Status: in_force

A person whose eligible criminal conviction is the subject of a sealing order under section 2264 may respond to inquiries from persons other than criminal justice agencies and other than entities that are authorized to obtain the sealed criminal history record information under section 2265 by not disclosing the existence of the eligible criminal conviction without being subject to any sanctions under the laws of this State. Other than when responding to criminal justice agencies or when under oath while being prosecuted for a subsequent crime, a person whose criminal conviction is sealed does not violate Title 17‑A, section 451 , 452 or 453 by not disclosing the sealed criminal conviction. [PL 2021, c. 674, §1 (NEW).]
15 M.R.S. § 2167 — ME Code / Title 15 / Part 4 / Chapter 307 / Section 2167
15 §2167. References to pardoned crime deleted from Federal Bureau of Investigation's identification record
Status: in_force

In any criminal case in which the Governor grants a convicted person a full and free pardon, that person, after the expiration of 10 years from the date the person is finally discharged from any sentence imposed as a result of the conviction, may make written application to the State Bureau of Identification to have all references to the pardoned crime deleted from the Federal Bureau of Investigation's identification record. Following receipt of an application, the State Bureau of Identification shall make the necessary arrangements with the identification division of the Federal Bureau of Investigation to have all references to the pardoned crime deleted from the Federal Bureau of Investigation's identification record and any state materials returned to the contributing agency if the application is timely and the person has not been convicted of a crime in this State or any other jurisdiction since the full and free pardon was granted and has no formal charging instrument for a crime pending in this State or any other jurisdiction. [PL 2017, c. 288, Pt. A, §16 (AMD).]
15 M.R.S. § 1030 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1030
15 §1030. State's attorney present at certain proceedings; opportunity to present relevant information
Status: in_force

Before making a determination as to whether or not to set bail for a defendant charged with murder or a Class A, Class B or Class C crime and before any bail order is reviewed under section 1028 or 1029 , the judicial officer shall afford the attorney for the State or a law enforcement officer familiar with the charges the opportunity to present any information relevant to bail considerations. This opportunity is in addition to the availability of a Harnish bail proceeding as otherwise provided in this chapter. [PL 1995, c. 356, §7 (AMD).]

An attorney for the State or a law enforcement officer familiar with the charges must be present in District Court at all proceedings governed by the Maine Rules of Unified Criminal Procedure, Rule 5, at which bail is being set. [PL 2015, c. 431, §15 (AMD).]
15 M.R.S. § 708 — ME Code / Title 15 / Part 2 / Chapter 101 / Section 708
15 §708. Preparation of complaints
Status: in_force

The clerk may, in the absence or unavailability of a justice of the peace or of a prosecuting attorney or any of the justice of the peace's or prosecuting attorney's assistants, prepare and draft complaints upon the request of any law enforcement officer, except that a complaint may not issue to any person who is not a law enforcement officer or for any criminal homicide or Class A, B or C crime unless approved by the district attorney or the district attorney's designee or the Attorney General or the Attorney General's designee. [RR 2023, c. 2, Pt. D, §49 (COR).]

Except in prosecutions instituted by the Attorney General or the Attorney General's designee, the district attorney or the district attorney's designee shall, whenever practical, prepare all complaints for criminal homicide and Class A, B and C crimes and for all complainants who are not law enforcement officers. A complaint may not be filed nor process issued until such time as the complainant has made oath to the complaint or process before the proper official. [RR 2023, c. 2, Pt. D, §49 (COR).]

Each district attorney shall establish written guidelines for the approval of issuance of complaints pursuant to this section. In those guidelines, the district attorney may extend the above procedure to Class D and E crimes, as long as the approval of the district attorney is not necessary for any complaint issued with the approval of the Attorney General or the Attorney General's designee. [RR 2023, c. 2, Pt. D, §49 (COR).]

Whenever a complaint is not approved for prosecution by the district attorney or the district attorney's designee or the Attorney General or the Attorney General's designee, the district attorney or the district attorney's designee or the Attorney General or the Attorney General's designee shall, if requested, inform the complainant, orally or in writing, of the reasons the complaint was not approved. [RR 2023, c. 2, Pt. D, §49 (COR).]
15 M.R.S. § 3313 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3313
15 §3313. Criteria for withholding an institutional disposition
Status: in_force

1. Standard. The court shall enter an order of disposition for a juvenile who has been adjudicated as having committed a juvenile crime without imposing placement in a secure institution as disposition unless, having regard to the nature and circumstances of the crime and the history, character and condition of the juvenile, it finds that the confinement of the juvenile is necessary for protection of the public because: A. There is undue risk that, during the period of a suspended sentence or probation, the juvenile will commit another crime; [PL 1979, c. 663, §118 (AMD).] B. The juvenile is in need of correctional treatment that can be provided most effectively by the juvenile's commitment to an institution; or [PL 2019, c. 525, §26 (AMD).] C. A lesser sentence will depreciate the seriousness of the juvenile's conduct. [PL 1977, c. 520, §1 (NEW).] [PL 2019, c. 525, §26 (AMD).]

2. Additional consideration. The following grounds, while not controlling the discretion of the court, must be accorded weight against ordering placement in a secure institution: A. The juvenile's conduct neither caused nor threatened serious harm; [PL 1977, c. 520, §1 (NEW).] B. The juvenile did not contemplate that the juvenile's conduct would cause or threaten serious harm; [PL 2019, c. 525, §26 (AMD).] C. The juvenile acted under a strong provocation; [PL 1977, c. 520, §1 (NEW).] D. There were substantial grounds tending to excuse or justify the juvenile's conduct, though failing to establish a defense; [PL 1977, c. 520, §1 (NEW).] E. The victim of the juvenile's conduct induced or facilitated the commission of the conduct; [PL 2019, c. 525, §26 (AMD).] F. The juvenile has made or has agreed to pay restitution to the victim of the juvenile's conduct for the damage or injury that the victim sustained in an amount that the court has determined is within the juvenile's ability to pay pursuant to section 3314‑C ; [PL 2021, c. 326, §6 (RPR).] G. The juvenile has not previously been adjudicated to have committed a juvenile crime or has led a law-abiding life for a substantial period of time prior to the conduct that formed the basis for the present adjudication; [PL 2019, c. 525, §26 (AMD).] H. The juvenile's conduct was the result of circumstances unlikely to recur; [PL 1977, c. 520, §1 (NEW).] I. The character and attitudes of the juvenile indicate that the juvenile is unlikely to commit another juvenile crime; [PL 2019, c. 525, §26 (AMD).] J. The juvenile is particularly likely to respond affirmatively to probation; [PL 2021, c. 326, §7 (AMD).] K. The confinement of the juvenile would entail excessive hardship to the juvenile or the juvenile's dependents; [PL 2021, c. 326, §8 (AMD).] L. The juvenile had not attained 14 years of age at the time of the alleged conduct; and [PL 2021, c. 326, §9 (NEW).] M. The juvenile crime would be considered a Class D or Class E crime if committed by an adult and, based upon both the written agreement of the parties and a court finding, the facts and circumstances of the underlying juvenile criminal episode giving rise to the adjudication did not generate probable cause to believe the juvenile had committed what would be considered a Class A, Class B or Class C crime if committed by an adult. [PL 2021, c. 326, §10 (NEW).] [PL 2021, c. 326, §§6-10 (AMD).]

3. Statement of reasons accompanying disposition for juvenile adjudicated of murder or a Class A, Class B or Class C crime. In a disposition for a juvenile crime that if committed by an adult would be murder or a Class A, Class B or Class C crime, the court shall state on the record and in open court the court's reasons for ordering or not ordering placement of the juvenile in a secure institution. [PL 1995, c. 690, §5 (NEW).]
15 M.R.S. § 654 — ME Code / Title 15 / Part 2 / Chapter 100 / Section 654
15 §654. Warrants
Status: in_force

1. Form of warrant. A bench warrant and a return of service must each be maintained and transmitted in electronic form unless the statewide warrant management system is unavailable or other exigent circumstances prevent such electronic maintenance or transmittal, in which case a paper warrant may be issued and entered into the warrant docket management system as soon as practicable. An electronic warrant with a digital signature or an electronic signature is of equal validity as a manually signed paper warrant issued pursuant to former chapter 99 and has the full force and effect of law. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

2. Warrant electronically available. A certified electronic warrant must be maintained in the warrant docket management system and its details and status must be available at all times to the Maine State Police, which shall make that information available to local law enforcement agencies through the Maine telecommunications and routing operations system. The certified electronic warrant must include an electronic signature or digital signature, and may include a digital watermark or such other security features as the Administrative Office of the Courts determines necessary to verify the warrant's authenticity. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

3. Content of warrant. A bench warrant must contain: A. The subject's name or alias name; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] B. The subject's date of birth, if known; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] C. At least one identified charge; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] D. An indication if any pending charge is a domestic violence crime; and [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] E. Available information concerning the identity and location of the subject sufficient to meet the minimum requirements established by the Maine telecommunications and routing operations system and the National Crime Information Center. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).] The bench warrant may contain photographs of the subject, a description of any distinguishing physical characteristics and other information that will aid in the location of the subject and the execution of the warrant. A bench warrant is not rendered invalid because of technical noncompliance with this section. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

4. National Crime Information Center. A bench warrant may not be entered in the National Crime Information Center database without authorization from the Attorney General or designee of the Attorney General or a district attorney or designee of the district attorney, except that the Department of Corrections may enter a bench warrant for a violation of parole or probation or for escape. The authorizing entity shall specify appropriate geographic limitations, if any, on extradition, which are subject to change, at the time the bench warrant is executed. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

5. Clerical errors. A clerical error in a bench warrant must ordinarily be corrected by the issuance of a replacement warrant by the issuing court or agency, but may be corrected by an authorized judicial officer upon an ex parte application in exigent circumstances. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

6. Removal from database. When a bench warrant is recalled by the issuing court, the court shall maintain a record of the recall and the bench warrant must be immediately removed from the warrant docket management system and the Maine State Police wanted database. When a bench warrant is executed, the law enforcement agency must make an electronic return of service immediately upon verification that the served individual is the subject of the bench warrant. Once a return of service has been received, the bench warrant must be removed from the Maine State Police wanted database. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]
15 M.R.S. § 284 — ME Code / Title 15 / Part 1 / Chapter 11 / Section 284
15 §284. Sureties to keep peace; costs; binding over
Status: in_force

When the accused is brought before the judge and the accused's defense is heard, the accused may be ordered to recognize, with sufficient sureties, in the sum required by the judge, to keep the peace toward all persons and especially toward the person requiring the security, for a term of less than one year, and to pay the costs of prosecution; but the accused may not be bound over to any court, unless the accused is charged with some other specific offense requiring it. [RR 2023, c. 2, Pt. D, §39 (COR).]
15 M.R.S. § 3309-B — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3309-B
15 §3309-B. Limitations on diagnostic evaluations in a secure detention facility
Status: in_force

Except as provided in section 3309‑A, subsection 4 , the court may not order a juvenile to undergo a diagnostic evaluation at a detention facility unless the juvenile meets the requirements of section 3203‑A, subsection 4, paragraphs C and D , the facility is one in which the juvenile may otherwise be detained and the diagnostic evaluation is unable to take place outside the facility on either a residential or nonresidential basis. [PL 1999, c. 65, §2 (AMD).]
15 M.R.S. § 6203 — ME Code / Title 15 / Part 8 / Chapter 521 / Section 6203
15 §6203. Prohibition on use of evidence gathered during sexual assault forensic examination
Status: in_force

1. Use of evidence prohibited. Evidence gathered during a sexual assault forensic examination may not be used: A. To prosecute a survivor for any Class D or Class E crime under Title 17‑A, chapter 45 ; [PL 2023, c. 199, §1 (NEW).] B. To prosecute a survivor for any crime of criminal OUI under Title 29‑A, section 2411 ; [PL 2023, c. 199, §1 (NEW).] C. To prosecute a survivor for any crime of failure to appear, failure to report or violation of condition of release under sections 1091 , 1091‑A and 1092 , respectively; [PL 2023, c. 199, §1 (NEW).] D. As the basis of a motion to revoke any conditional release of the survivor under Title 17‑A, chapter 67 ; [PL 2023, c. 199, §1 (NEW).] E. To prosecute a survivor for any civil violation or crime under Title 28‑A ; [PL 2023, c. 199, §1 (NEW).] F. To prosecute a survivor for engaging in prostitution under Title 17‑A , former section 853‑A; or [PL 2023, c. 646, Pt. A, §19 (AMD).] G. To prosecute a survivor for any juvenile crime based on a violation of the laws set forth in paragraphs A to F . [PL 2023, c. 199, §1 (NEW).] [PL 2023, c. 646, Pt. A, §19 (AMD).]

2. Use of evidence to justify search prohibited. Evidence gathered during a sexual assault forensic examination may not be used as a basis to search for evidence to be used against the survivor for any of the following: A. A Class D or Class E crime under Title 17‑A, chapter 45 ; [PL 2023, c. 199, §1 (NEW).] B. Any crime of criminal OUI under Title 29‑A, section 2411 ; [PL 2023, c. 199, §1 (NEW).] C. Any crime of failure to appear, failure to report or violation of condition of release under sections 1091 , 1091‑A or 1092 , respectively; [PL 2023, c. 199, §1 (NEW).] D. A motion to revoke any conditional release of the survivor under Title 17‑A, chapter 67 ; [PL 2023, c. 199, §1 (NEW).] E. Any civil violation or crime under Title 28‑A ; [PL 2023, c. 199, §1 (NEW).] F. Engaging in prostitution under Title 17‑A , former section 853-A; and [PL 2023, c. 646, Pt. A, §20 (AMD).] G. Any juvenile crime based on a violation of the laws set forth in paragraphs A to F . [PL 2023, c. 199, §1 (NEW).] [PL 2023, c. 646, Pt. A, §20 (AMD).]
15 M.R.S. § 2313 — ME Code / Title 15 / Part 4 / Chapter 311 / Section 2313
15 §2313. Contracts authorized
Status: in_force

The Department of Health and Human Services may negotiate and enter into contracts on behalf of this State pursuant to Article III of the compact and may perform such contracts; provided that no funds, personnel, facilities, equipment, supplies or materials shall be pledged for, committed or used on account of any such contract, unless legally available therefor. [PL 1981, c. 493, §101 (AMD); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
15 M.R.S. § 1028 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1028
15 §1028. De novo determination of bail under section 1026
Status: in_force

1. By defendant in custody. Any defendant who is in custody as a result of a decision of a bail commissioner acting under section 1026 may file a petition with the Unified Criminal Docket for a de novo determination of bail. The bail commissioner making the decision shall advise the defendant of the right to obtain a de novo determination. A. If the defendant chooses to have a de novo determination of bail, the defendant must be furnished with a petition and, upon execution of the petition and without the issuance of any writ or other process, the sheriff of the county in which the decision was made shall provide for the transportation of the defendant together with the petition and all papers relevant to the petition or copies of the petition or papers to the court. If no justice or judge will be available within 48 hours, excluding Saturdays, Sundays and holidays, arrangements must be made for a de novo determination of bail in the nearest county in which a justice or judge is then sitting. The defendant's custodian shall provide transportation to the court as required by this chapter without the issuance of any writ or other process. If there is no justice or judge available, the defendant must be retained in custody until the petition can be considered. [PL 2015, c. 431, §12 (AMD).] B. The petition and such other papers as may accompany it must be delivered to the clerk of the Unified Criminal Docket to which the defendant is transported and upon receipt the clerk shall notify the attorney for the State. The court shall review the petition de novo and set bail in any manner authorized by section 1026 . [PL 2015, c. 431, §12 (AMD).] C. Upon receipt of a pro se petition or upon oral or written request of the attorney for the defendant, the clerk shall set a time for hearing and provide oral or written notice to the attorney for the State. The hearing must be scheduled for a time not less than 24 hours nor more than 48 hours after the clerk notifies the attorney for the State. [PL 1997, c. 543, §11 (NEW).] [PL 2015, c. 431, §12 (AMD).]

2. By defendant not in custody. Any defendant who is not in custody but who is aggrieved by a decision of a bail commissioner acting under section 1026 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. A justice or judge shall review the petition de novo and set bail in any manner authorized by section 1026 . The petition must be considered as scheduled by the clerk. [PL 2015, c. 431, §12 (AMD).]

3. 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, §12 (AMD).]
15 M.R.S. § 5821-A — ME Code / Title 15 / Part 7 / Chapter 517 / Section 5821-A
15 §5821-A. Property not subject to forfeiture based on medical 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 medical use of cannabis and the person meets the requirements for medical use of cannabis under Title 22, chapter 558‑C . [IB 2009, c. 1, §1 (AMD); PL 2021, c. 669, §5 (REV).]
15 M.R.S. § 812 — ME Code / Title 15 / Part 2 / Chapter 105 / Section 812
15 §812. Negotiated pleas
Status: in_force

1. Legislative intent and findings. The Legislature finds that there is citizen dissatisfaction with plea bargaining that has resulted in some criticism of the criminal justice process. The Legislature further finds that part of the dissatisfaction is caused because victims of crimes and law enforcement officers who respond to those crimes have no subsequent contact with the cases as they proceed through the courts for judicial disposition. Victims and law enforcement officers are many times not informed by prosecutors of plea agreements that are to be submitted to the court for approval or rejection under existing Maine Rules of Unified Criminal Procedure. It is the intent of this section to alleviate these expressions of citizen dissatisfaction and to promote greater understanding by prosecutors of citizens' valid concerns. This is most likely to be accomplished by citizens and law enforcement officers being informed of the results of plea negotiations before they are submitted to the courts. This notification will in no way affect the authority of the court to accept, reject or modify the terms of the plea agreement. [PL 2015, c. 431, §8 (AMD).]

2. Notification to victims and law enforcement officers. Whenever practicable, before submitting a negotiated plea to the court, the attorney for the State shall make a good faith effort to inform the relevant law enforcement officers of the details of the plea agreement reached in any prosecution where the defendant was originally charged with murder, a Class A, B or C crime or a violation of Title 17‑A, chapter 9 , 11 , 12 or 13 and, with respect to victims, shall comply with Title 17‑A, section 2102, subsection 1, paragraphs A and B relative to informing victims of the details of and their right to comment on a plea agreement. [PL 2019, c. 113, Pt. C, §30 (AMD).]
15 M.R.S. § 2124 — ME Code / Title 15 / Part 4 / Chapter 305-A / Section 2124
15 §2124. Jurisdictional prerequisites of restraint or impediment
Status: in_force

An action for post-conviction review of a criminal judgment of this State or of a post-sentencing proceeding following the criminal judgment may be brought if the person seeking relief demonstrates that the challenged criminal judgment or post-sentencing proceeding is causing a present restraint or other specified impediment as described in subsections 1 to 3 : [PL 1997, c. 399, §2 (AMD).]

1. Present restraint or impediment by criminal judgment being challenged. Present restraint or impediment as a direct result of the challenged criminal judgment: A. Incarceration imposed by the challenged criminal judgment; [PL 2011, c. 601, §7 (AMD).] B. Other restraint, including probation, parole or other conditional release imposed by the challenged criminal judgment; [PL 2011, c. 601, §7 (AMD).] C. Unconditional discharge imposed by the challenged criminal judgment; [PL 2011, c. 601, §7 (AMD).] C-1. Incarceration imposed by the challenged criminal judgment that is wholly satisfied at the time of sentence imposition due to detention time credits earned under Title 17‑A, section 2305 ; [PL 2019, c. 113, Pt. C, §38 (AMD).] D. Incarceration, other restraint or an impediment specified in paragraphs A and B that is to be served in the future, although the convicted or adjudicated person is not in execution of the sentence either because of release on bail pending appeal of the criminal judgment or because another sentence must be served first; [PL 2011, c. 601, §7 (AMD).] E. A fine imposed by the challenged criminal judgment that has not been paid and in a case when a person has not inexcusably violated Title 17‑A, section 1710 or inexcusably defaulted in payment of any portion. A fine includes any imposed monetary fees, surcharges and assessments, however designated; [PL 2019, c. 113, Pt. C, §39 (AMD).] F. Restitution imposed by the challenged criminal judgment that has not been paid and in a case when a person has not inexcusably violated Title 17‑A, section 2014 or inexcusably defaulted in payment of any portion. Any challenge as to the amount of restitution ordered is further limited by Title 17‑A, section 2017 ; [PL 2019, c. 113, Pt. C, §40 (AMD).] F-1. Community service work imposed by the challenged criminal judgment that has not been fully performed and in a case when a person has not inexcusably failed to complete the work within the time specified by the court; or [PL 2013, c. 266, §3 (NEW).] G. Any other juvenile disposition imposed by the challenged criminal judgment; [PL 2011, c. 601, §7 (NEW).] [PL 2019, c. 113, Pt. C, §§38-40 (AMD).]

1-A. Present or future restraint by commitment to the Commissioner of Health and Human Services. Present restraint or impediment as a direct result of commitment to the custody of the Commissioner of Health and Human Services pursuant to section 103 imposed as a result of being found not criminally responsible by reason of insanity that is challenged or future restraint or impediment as a result of such an order of commitment that is challenged when a sentence involving imprisonment is or will be served first. A claim for postconviction review is not allowed under this subsection relative to any court proceeding or administrative action that affects release or discharge pursuant to section 104‑A ; [PL 2011, c. 601, §7 (AMD).]

2. Post-sentencing proceeding. Incarceration or increased incarceration imposed pursuant to a post-sentencing proceeding following a criminal judgment, although the criminal judgment itself is not challenged; or [PL 1979, c. 701, §15 (NEW).]

3. Present indirect impediment. Present restraint or impediment resulting indirectly from the challenged criminal judgment of this State: A. Incarceration pursuant to a sentence imposed in this State, in another state or in a Federal Court for a crime punishable by incarceration for a year or more, if the length of the incarceration is greater than it would otherwise have been in the absence of the challenged criminal judgment of this State. The prior criminal judgment that is challenged must be for a crime punishable by incarceration for a year or more. This requirement is not satisfied by a showing only that the court imposing the present sentence was aware of the challenged criminal judgment or if it appears from the length or seriousness of the person's total criminal record that the challenged criminal judgment, taking into account its seriousness and date, could have little or no effect on the length of incarceration under the subsequent sentence; [PL 2011, c. 601, §7 (AMD).] B. [PL 2011, c. 601, §7 (RP).] C. [PL 2011, c. 601, §7 (RP).] D. Incarceration pursuant to a sentence imposed in this State, in another state or in a Federal Court for a crime for which proof of the criminal judgment of this State that is challenged is an element of, or must constitutionally be treated as an element of, the new crime. This requirement is not satisfied unless the new crime is, in the case of a crime in this State, punishable by incarceration of one year or more or, in the case of a crime in another jurisdiction, a felony or an infamous crime; or [PL 2011, c. 601, §7 (NEW).] E. A criminal judgment in this State pursuant to a plea of guilty or nolo contendere accepted by a trial court on or after March 31, 2010 by a represented defendant who is not a United States citizen and who under federal immigration law, as a consequence of the particular plea, is subject to a pending deportation proceeding. [PL 2011, c. 601, §7 (NEW).] [PL 2011, c. 601, §7 (AMD).]
15 M.R.S. § 3402 — ME Code / Title 15 / Part 6 / Chapter 509 / Section 3402
15 §3402. Appeals to Supreme Judicial Court
Status: in_force

1. Matters for appeal. Appeals of the following matters may be taken from the Juvenile Court to the Supreme Judicial Court by a party specified in subsection 2 : A. An adjudication, as long as the appeal is taken after an order of disposition; [PL 2015, c. 100, §3 (AMD).] B. An order of disposition, or of any subsequent order modifying disposition, for an abuse of discretion; [PL 2021, c. 23, §1 (AMD).] C. [PL 1997, c. 645, §12 (RP).] D. A detention order entered pursuant to section 3203‑A, subsection 5 or any refusal to alter a detention order upon petition of the juvenile pursuant to section 3203‑A, subsection 11 , for abuse of discretion. The appeal must be handled expeditiously; [PL 2021, c. 326, §15 (AMD).] E. [PL 1979, c. 512, §9 (RP).] F. [PL 1979, c. 512, §9 (RP).] G. [PL 1979, c. 512, §9 (RP).] H. An order binding a juvenile over for prosecution as an adult, which may be taken following issuance of the bind-over order, or, at the election of the appellant, following a judgment of conviction as an adult, but not both; and [PL 2021, c. 326, §15 (AMD).] I. A judicial review decision pursuant to section 3317 . [PL 2021, c. 326, §15 (NEW).] [PL 2021, c. 326, §15 (AMD).]

2. Who may appeal. An appeal may be taken by the following parties: A. The juvenile; or [PL 1979, c. 512, §9 (RPR).] B. The juvenile's parents, guardian or legal custodian on behalf of the juvenile, if the juvenile is not emancipated and the juvenile does not wish to appeal. [PL 1979, c. 512, §9 (RPR).] C. [PL 1979, c. 512, §9 (RP).] [PL 1979, c. 512, §9 (RPR).]

2-A. Appeal from a bind-over order of the juvenile court. [PL 2021, c. 23, §4 (RP).]

3. Appeals by the State. The State may appeal from a decision or order of the juvenile court to the Supreme Judicial Court to the same extent and in the same manner as in criminal cases under section 2115‑A . The State may appeal from the juvenile court to the Supreme Judicial Court for the failure of the juvenile court to order a bind-over. A. [PL 1979, c. 512, §9 (RP).] B. [PL 1979, c. 512, §9 (RP).] C. [PL 1979, c. 512, §9 (RP).] D. [PL 1979, c. 512, §9 (RP).] [PL 2015, c. 100, §3 (AMD).]

4. Stays and releases. On an appeal pursuant to subsection 1, paragraphs A and B , the Supreme Judicial Court shall consider a stay of execution and release pending the appeal. [PL 2015, c. 100, §3 (AMD).]

5. Time for appeals. An appeal from the juvenile court to the Supreme Judicial Court must be taken within 21 days after the entry of an order of disposition or other appealed order or such further time as the Supreme Judicial Court may provide pursuant to a rule of court. [PL 2015, c. 100, §3 (AMD).]

6. Record on appeal. [PL 1979, c. 512, §9 (RP).]
15 M.R.S. § 1467 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1467
15 §1467. Compliance
Status: in_force

The judge of the court in this State may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined. [PL 1967, c. 317 (NEW).]
15 M.R.S. § 2181 — ME Code / Title 15 / Part 4 / Chapter 308 / Section 2181
15 §2181. Application
Status: in_force

This chapter is not intended to and may not be used to provide relief to a person who has stolen another person's identity and falsely used the identity in a criminal, civil violation or traffic infraction proceeding. [PL 2009, c. 287, §1 (NEW).]
15 M.R.S. § 1258-A — ME Code / Title 15 / Part 3 / Chapter 203 / Section 1258-A
15 §1258-A. Voir dire
Status: in_force

Any rule of court or statute to the contrary notwithstanding, the court shall permit voir dire examination to be conducted by the parties or their attorneys under its direction. [PL 1965, c. 482, §2 (NEW).]
15 M.R.S. § 1003 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1003
15 §1003. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 758, §20 (NEW).]

1. Bail. "Bail" is defined as follows. A. In the preconviction context, "bail" means the obtaining of the release of the defendant upon an undertaking that the defendant shall appear at the time and place required and that the defendant shall conform to each condition imposed in accordance with section 1026 that is designed to ensure that the defendant shall refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community. [PL 2007, c. 374, §1 (AMD).] B. In the post-conviction context, "bail" means the obtaining of the release of the defendant upon an undertaking that the defendant shall appear and surrender into custody at the time and place required and that the defendant shall conform to each condition imposed in accordance with section 1051 that is designed to ensure that the defendant refrains from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community. [PL 2007, c. 374, §1 (AMD).] [PL 2007, c. 374, §1 (AMD).]

2. Court. "Court" means any Justice of the Supreme Judicial Court or Superior Court or any active retired justice and any District Court Judge or active retired judge when assigned under Title 4, section 157‑C . [PL 1999, c. 547, Pt. B, §38 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

3. Crime bailable as of right preconviction. "Crime bailable as of right preconviction" means a crime for which, under the Constitution of Maine, Article I, Section 10, a defendant has an absolute right to have bail set at the preconviction stage of any criminal proceeding. [PL 1987, c. 758, §20 (NEW).]

3-A. Crime involving domestic violence. "Crime involving domestic violence" means: A. As defined in Title 17‑A , a crime of domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct; and [PL 2011, c. 341, §1 (NEW).] B. A violation of a protective order under Title 19‑A, section 4113 , the alleged victim of which is a family or household member as defined in Title 19‑A, section 4102, subsection 6, paragraphs A to E . [PL 2021, c. 647, Pt. B, §7 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 647, Pt. B, §7 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

4. Crime bailable only as a matter of discretion preconviction. "Crime bailable only as a matter of discretion preconviction" means a formerly capital offense for which, pursuant to a Harnish bail proceeding, a capital defendant's conditional constitutional right to have bail set at the preconviction stage of a criminal proceeding has been extinguished. [PL 1987, c. 758, §20 (NEW).]

4-A. Ensure the safety of others in the community. "Ensure the safety of others in the community," when used in the context of the granting or denial of bail, means protecting community members, other than those already protected under subsection 5 , from the potential danger posed by the defendant to a specific person or to persons in the community generally. [PL 2007, c. 374, §2 (NEW).]

5. Ensure the integrity of the judicial process. To "ensure the integrity of the judicial process," when used in the context of the granting or denial of bail, means safeguarding the role of the courts in adjudicating the guilt or innocence of defendants by ensuring the presence of the defendant in court and otherwise preventing the defendant from obstructing or attempting to obstruct justice by threatening, injuring or intimidating a victim, prospective witness, juror, attorney for the State, judge, justice or other officer of the court. A. [PL 1997, c. 585, §2 (RP).] B. [PL 1997, c. 585, §2 (RP).] [PL 1997, c. 585, §2 (RPR).]

5-A. Failure to appear. "Failure to appear" includes a failure to appear at the time or place required by a release order and the failure to surrender into custody at the time and place required by a release order or by the Maine Rules of Unified Criminal Procedure, Rule 32(a) and Rule 38(d). [PL 2015, c. 431, §9 (AMD).]

6. Formerly capital offenses. "Formerly capital offenses" means crimes which have been denominated capital offenses since the adoption of the Constitution of Maine. [PL 1987, c. 758, §20 (NEW).]

7. Harnish bail proceeding. "Harnish bail proceeding" means a preconviction bail proceeding in which the State is offered the opportunity to obtain a judicial finding of probable cause that the defendant has committed a formerly capital offense, and the defendant, at the same proceeding, is afforded the opportunity to know and rebut the case against the defendant. [PL 1987, c. 758, §20 (NEW).]

8. Judicial officer. "Judicial officer" includes the court, as defined in subsection 2 , and a bail commissioner. [PL 1987, c. 758, §20 (NEW).]

8-A. New criminal conduct. "New criminal conduct" refers to criminal activity by a defendant occurring after bail has been set. [PL 1997, c. 543, §6 (NEW).]

9. Post-conviction. "Post-conviction" means any point in a criminal proceeding after a verdict or finding of guilty or after the acceptance of a plea of guilty or nolo contendere. [PL 1995, c. 356, §2 (AMD).]

10. Preconviction. "Preconviction" means any point in a criminal proceeding before a verdict in the context of a jury trial or finding of guilty in the context of a jury-waived trial or before the acceptance of a plea of guilty or nolo contendere. [PL 1995, c. 356, §2 (AMD).]

11. Unified Criminal Docket. "Unified Criminal Docket" means the unified criminal docket established by the Supreme Judicial Court. [PL 2015, c. 431, §10 (NEW).]
15 M.R.S. § 2182 — ME Code / Title 15 / Part 4 / Chapter 308 / Section 2182
15 §2182. Post-judgment motion for determination of factual innocence and correction of record
Status: in_force

1. Motion; persons who may file. A person who reasonably believes that the person's identity has been stolen and falsely used by another in a criminal, civil violation or traffic infraction proceeding in which a final judgment has been entered may file a written motion in the underlying criminal, civil violation or traffic infraction proceeding seeking a court determination of factual innocence and correction of the court records and related criminal justice agency records. The same motion may also be filed on behalf of such a person by an attorney for the State or by the court. [PL 2009, c. 287, §1 (NEW).]

2. Time for filing. A motion for determination of factual innocence and correction of record must be filed: A. By June 1, 2010 for a criminal, civil violation or traffic infraction proceeding finalized prior to the effective date of this section in which the person is aware that the person's identity had been stolen and falsely used by another; and [PL 2009, c. 287, §1 (NEW).] B. One year from the date the person becomes aware that the person's identity has been stolen and falsely used by another in a criminal, civil violation or traffic infraction proceeding finalized after the effective date of this section. [PL 2009, c. 287, §1 (NEW).] [PL 2009, c. 287, §1 (NEW).]
15 M.R.S. § 5821 — ME Code / Title 15 / Part 7 / Chapter 517 / Section 5821
15 §5821. Subject property
Status: in_force

Except as provided in section 5821‑A or 5821‑B , the following are subject to forfeiture to the State and no property right may exist in them if the owner of the following is convicted of a crime in which the following was involved: [PL 2021, c. 454, §1 (AMD).]

1. Scheduled drugs. All scheduled drugs that have been manufactured, made, created, grown, cultivated, sold, bartered, traded, furnished for consideration, furnished, distributed, dispensed, possessed or otherwise acquired in violation of any law of this State, any other state or of the United States; [PL 2013, c. 194, §1 (AMD).]

2. Materials related to scheduled drugs. All raw materials, products and equipment of any kind that are used or intended for use in manufacturing, compounding, processing, delivering, cultivating, growing or otherwise creating any scheduled drug in violation of any law of this State, any other state or the United States; [PL 2013, c. 194, §1 (AMD).]

3. Other property. All property which is used or intended for use as a container for property described in subsection 1 or 2 , and all property which is used or intended for use to defend, protect, guard or secure any property or items described in subsection 1 or 2 ; [PL 1989, c. 448, §1 (AMD).]

3-A. Firearms and other weapons. Law enforcement officers may seize all firearms and dangerous weapons that they may find in any lawful search for scheduled drugs in which scheduled drugs are found. Except for weapons declared by a court to be forfeited in accordance with section 5826, subsection 9 , if the owner of a seized firearm or dangerous weapon is convicted of a crime in which the firearm or dangerous weapon was involved, after notice and opportunity for hearing the firearm or dangerous weapon must be forfeited to the State by the District Court 90 days after a list of the weapons and drugs seized is filed in the District Court in the district in which the weapons and drugs were seized. A weapon may not be forfeited unless the State satisfies the court, by a preponderance of evidence, that the owner of the firearm or dangerous weapon was convicted of a crime in which the firearm or dangerous weapon was involved. A. [PL 2021, c. 454, §2 (RP).] B. [PL 2021, c. 454, §2 (RP).] C. [PL 2021, c. 454, §2 (RP).] Post-hearing procedures are as provided in section 5822 . A confiscated or forfeited firearm that was confiscated or forfeited because it was used to commit a homicide must be destroyed by the State unless the firearm was stolen and the rightful owner was not the person who committed the homicide, in which case the firearm must be returned to the owner if ascertainable; [PL 2021, c. 454, §2 (AMD).]

3-B. Forfeiture of firearms used in the commission of certain acts. In addition to the provisions of subsection 3‑A and Title 17‑A, section 1504 , this subsection controls the forfeiture of firearms used in the commission of certain acts. A. Except as provided in paragraph B , a firearm is subject to forfeiture to the State if the firearm is used by a person who is the owner of the firearm to commit a criminal act that in fact causes serious bodily injury or death to another human being and, following that act, the person either commits suicide or attempts to commit suicide and the attempt results in the person's becoming incompetent to stand trial or the person is killed or rendered incompetent to stand trial as the result of a justifiable use of deadly force by a law enforcement officer. Except as provided in paragraph B, a property right does not exist in the firearm subject to forfeiture. [PL 2021, c. 454, §3 (AMD).] B. A firearm that is used in the commission of a criminal act described in paragraph A is exempt from forfeiture under this subsection if the firearm belongs to another person who is the rightful owner from whom the firearm has been stolen and the other person is not a principal or accomplice in the criminal act. In that case, the firearm must be transferred to the other person unless that person is otherwise prohibited from possessing a firearm under applicable law. [PL 2013, c. 328, §2 (NEW).] A firearm subject to forfeiture pursuant to this subsection that is declared by a court to be forfeited pursuant to section 5826, subsection 9 must be promptly destroyed, or caused to be promptly destroyed, by the law enforcement agency that has custody of the firearm; [PL 2021, c. 454, §3 (AMD).]

4. Conveyances. All conveyances, including aircraft, vehicles or vessels, which are used or are intended for use to transport or in any manner to facilitate the transportation, sale, trafficking, furnishing, receipt, possession or concealment of property described in subsection 1 or 2 , except that: A. No conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under this section, unless it appears that the owner or other person in charge of the conveyance was a consenting party or had knowledge of that violation of law; and [PL 1987, c. 420, §2 (NEW).] B. No conveyance may be forfeited under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this State, any other state or of the United States; [PL 1987, c. 420, §2 (NEW).] [PL 1987, c. 420, §2 (NEW).]

4-A. Conveyances used in violation of litter laws. All conveyances, including aircraft, watercraft, vehicles, vessels, containers or cranes that are used, or attempted to be used, to dump more than 500 pounds or more than 100 cubic feet of litter in violation of Title 17, section 2264‑A ; [PL 2003, c. 452, Pt. I, §1 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

5. Records. All books, records and research, including formulas, microfilm, tapes and data, which are used or intended for use in violation of Title 17‑A, chapter 45 ; [PL 1987, c. 420, §2 (NEW).]

6. Money instruments. Except as provided in paragraph A , all money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a scheduled drug in violation of Title 17‑A, chapter 45 ; all proceeds traceable to such an exchange; and all money, negotiable instruments and securities used or intended to be used to facilitate any violation of Title 17‑A, chapter 45 . A. No property may be forfeited under this subsection, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner; [PL 1989, c. 302, §1 (AMD).] [PL 2013, c. 194, §3 (AMD).]

7. Real property. Except as provided in paragraph A , all real property, including any right, title or interest in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended for use, in any manner or part, to commit or to facilitate the commission of a violation of Title 17‑A, section 1103 , 1105‑A , 1105‑B or 1105‑C that is a Class A, Class B or Class C crime, with the exception of offenses involving marijuana. A. Property may not be forfeited under this subsection, to the extent of an interest of an owner, by reason of an act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. When an owner of property that is that person's primary residence proves by a preponderance of the evidence that the owner is the spouse or minor child of the coowner of the primary residence who has used or intended to use the residence, in any manner or part, to commit or facilitate the commission of a violation of Title 17‑A, section 1103 , 1105‑A , 1105‑B or 1105‑C , the State shall bear the burden of proving knowledge or consent of the spouse or minor child by a preponderance of the evidence; [PL 2013, c. 194, §4 (AMD).] [PL 2013, c. 194, §4 (AMD).]

7-A. Computers. Computers, as defined in Title 17‑A, section 431, subsection 2 , and computer equipment, including, but not limited to, printers and scanners, that are used or are attempted to be used in violation of Title 17‑A, section 259‑A ; A. [PL 2021, c. 454, §4 (RP).] [PL 2021, c. 454, §4 (AMD).]

8. Bona fide lienholders. [PL 2007, c. 684, Pt. C, §1 (RP); PL 2007, c. 684, Pt. H, §1 (AFF).]

9. Assets in human trafficking offenses. All assets, including money instruments, personal property and real property, used or intended for use in or traceable to a human trafficking offense as defined in Title 5, section 4701, subsection 1, paragraph C ; [PL 2019, c. 97, §2 (AMD).]

10. Assets in sex trafficking offenses. All assets, including money instruments, personal property and real property, used or intended for use in or traceable to an aggravated sex trafficking offense as defined in Title 17‑A, section 852 or a sex trafficking offense as defined in Title 17‑A, section 853 ; and [PL 2019, c. 97, §3 (NEW).]

11. Assets in criminal forced labor offenses. All assets, including money instruments, personal property and real property, used or intended for use in or traceable to a criminal forced labor offense as defined in Title 17‑A, section 304 or an aggravated criminal forced labor offense as defined in Title 17‑A, section 305 . [PL 2019, c. 97, §3 (NEW).]

A forfeiture under this section of property encumbered by a perfected bona fide security interest is subject to the interest of the secured party if the party neither had knowledge of nor consented to the act or omission upon which the right of forfeiture is based. [PL 2007, c. 684, Pt. C, §3 (NEW); PL 2007, c. 684, Pt. H, §1 (AFF).]

Unless in conjunction with a federal criminal case, a law enforcement agency, prosecuting authority, state agency, county or municipality may not enter into an agreement to transfer or refer property seized under this section to a federal agency directly, indirectly, through adoption, through an intergovernmental joint task force or by other means that circumvent the provisions of this section. [PL 2023, c. 91, §1 (AMD).]
15 M.R.S. § 1793 — ME Code / Title 15 / Part 4 / Chapter 301 / Section 1793
15 §1793. Sentence to any work-jail nearest county of offense; prison sentence includes labor
Status: in_force

The Superior Court and the District Court, in the county where a work-jail is situated or in any county where there is no work-jail, may, subject to section 1704, sentence any person convicted of an offense punishable by imprisonment to any of the work-jails nearest or most convenient to the county where the offense is committed, and all sentences of imprisonment must include labor. The keeper of the work-jail shall receive and detain the prisoner in the same manner as if committed by a court sitting in the county where the work-jail is situated. An officer of any county qualified to serve criminal precepts in the officer's county may serve any precept required by this section and section 1792, whether the service is performed in whole or in part in one or more counties, and processes must be issued and directed accordingly. [RR 2023, c. 2, Pt. D, §69 (COR).]
15 M.R.S. § 1 — ME Code / Title 15 / Part 1 / Chapter 1 / Section 1
15 §1. Superior Court; criminal jurisdiction
Status: in_force

1. Jurisdiction. The Superior Court has original jurisdiction, exclusive or concurrent, of all crimes. [PL 1999, c. 731, Pt. ZZZ, §9 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

2. Appellate and review jurisdiction. [PL 2015, c. 431, §3 (RP).]

3. Location of post-arraignment proceedings. The Supreme Judicial Court may by rule provide that, with the consent of the defendant, post-arraignment proceedings in criminal cases may be conducted at locations other than those provided by statute. The Supreme Judicial Court may by rule provide that, without the consent of the defendant, post-arraignment proceedings in criminal cases may be conducted at locations other than those provided by statute, provided that the location is in an adjoining county and that it is in the vicinity of where the offense was committed. [PL 1999, c. 731, Pt. ZZZ, §9 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

4. No jurisdiction, powers, duties or authority of Law Court. The Superior Court does not have and may not exercise the jurisdiction, powers, duties or authority of the Supreme Judicial Court sitting as the Law Court. [PL 1999, c. 731, Pt. ZZZ, §9 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
15 M.R.S. § 3309-A — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3309-A
15 §3309-A. Limitation on diagnostic evaluations
Status: in_force

The court shall not order a juvenile to undergo a diagnostic evaluation, as defined in section 3003, subsection 4‑A , except as follows: [PL 1985, c. 213 (RPR).]

1. Information to assist findings in bind-over. When the prosecutor has moved for a bind-over hearing pursuant to section 3101, subsection 4 , or certifies in writing to the court that the results of such an evaluation are required in order to determine whether or not to so move; [PL 1985, c. 213 (RPR).]

2. Information needed to make a disposition. Following an order of adjudication pursuant to section 3310, subsection 5, paragraph A , for the purposes of making a disposition; [PL 1995, c. 690, §2 (AMD); PL 1995, c. 690, §7 (AFF).]

3. By consent of the parties. When the juvenile and the prosecuting attorney consent and the court finds that such an evaluation may be of assistance to it in carrying out the purposes of the Maine Juvenile Code; or [PL 1995, c. 690, §3 (AMD); PL 1995, c. 690, §7 (AFF).]

4. Juvenile adjudicated of gross sexual assault. After adjudication and before disposition when a juvenile is adjudicated of a juvenile crime that if committed by an adult would be gross sexual assault under Title 17‑A, section 253, subsection 1 , the court shall order the juvenile to undergo a diagnostic evaluation and may order the evaluation to take place at a detention facility described in section 3203‑A, subsection 7, paragraph B . [PL 1999, c. 65, §1 (AMD).]

Nothing in this section may be construed to limit court-ordered examinations pursuant to sections 3318‑A and 3318‑B . [PL 2011, c. 282, §1 (AMD).]
15 M.R.S. § 2116 — ME Code / Title 15 / Part 4 / Chapter 305 / Section 2116
15 §2116. Court action after federal court has acted
Status: in_force

Whenever a federal court finds that a prisoner in any penal institution in this State has been deprived of any of the rights guaranteed to the prisoner by the United States Constitution before, at or after the prisoner's trial, so that the judgment or sentence or both are erroneous and the court holds the case on its docket pending corrective action by the proper state official, the Attorney General may act as follows. The Attorney General may file a petition in the Superior Court of the county where the prisoner was tried and convicted in term time or with any justice of the court in vacation, setting forth the petition of the prisoner to the federal court and the decision of that court, and the Superior Court of conviction or any justice of the court in vacation shall then recall the judgment and sentence held erroneous and order it stricken from the records of the court and shall set the prisoner down for trial if in term time or bind the prisoner over to the next criminal term in the county if in vacation, after setting the prisoner's bail. If the sentence only is erroneous, the Superior Court of the county of conviction in term time or any justice of the court in vacation, on presentation of the Attorney General's petition, shall recall the erroneous sentence and order it stricken from the records and shall, in term time or in vacation, sentence the prisoner anew in accordance with the indictment against the prisoner. [RR 2023, c. 2, Pt. D, §77 (COR).]
15 M.R.S. § 1091-A — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1091-A
15 §1091-A. Failure to report
Status: in_force

1. Failure to report after stay of execution. A defendant who has been sentenced but granted a stay of execution to report until a specified date or event and who, in fact, fails to report as ordered is guilty of: A. A Class E crime if the underlying crime was punishable by a maximum period of imprisonment of less than one year; or [PL 1995, c. 456, §1 (NEW).] B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more. [PL 1995, c. 456, §1 (NEW).] [PL 2013, c. 266, §1 (AMD).]

2. Affirmative defense. It is an affirmative defense to prosecution under subsection 1 that the failure to report resulted from just cause. [PL 2013, c. 266, §1 (NEW).]

3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A . [PL 2013, c. 266, §1 (NEW).]
15 M.R.S. § 3314-B — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3314-B
15 §3314-B. Counseling, treatment, education or case management for juveniles and their parents, guardians and legal custodians
Status: in_force

1. Counseling, treatment, education or case management. In conjunction with a disposition under section 3314 , the court may require the juvenile and the juvenile's parent, guardian or legal custodian to participate in counseling, treatment, education or case management as determined by the court. The counseling, treatment, education or case management must be designed to create a favorable environment for sustained noncriminal behavior. [PL 2003, c. 142, §2 (NEW); PL 2003, c. 142, §3 (AFF).]

2. Costs. The court may order a parent, guardian or legal custodian to pay or cause to be paid all or part of the reasonable costs of any counseling, treatment, education or case management ordered pursuant to this section. [PL 2003, c. 142, §2 (NEW); PL 2003, c. 142, §3 (AFF).]

3. Enforcement. After notice and hearing and in accordance with the Maine Rules of Civil Procedure, Rule 66, the court may invoke its contempt powers to enforce its counseling, treatment, education, case management or other order that applies to the juvenile, the juvenile's parent, guardian or legal custodian or any other person before the court who is subject to an order to participate in counseling, treatment, education or case management. If the court invokes its contempt powers against the juvenile, section 3314, subsection 7 applies. [PL 2007, c. 196, §6 (AMD).]

4. Probation. The court may not revoke a juvenile's probation because of a failure of the juvenile's parent, guardian or legal custodian to comply with an order under this section. [PL 2003, c. 142, §2 (NEW); PL 2003, c. 142, §3 (AFF).]
15 M.R.S. § 3509 — ME Code / Title 15 / Part 6 / Chapter 511 / Section 3509
15 §3509. Interstate Compact for Juveniles
Status: in_force

When a juvenile who has left the care of the juvenile's parent or parents, guardian or legal custodian in another state without the consent of the parent or parents, guardian or legal custodian, who has absconded from probation or parole in another state, who has escaped from a detention or correctional facility in another state or who is accused of an offense in another state is found by a law enforcement officer in the State, the juvenile must be referred immediately to a juvenile community corrections officer and must be processed according to the provisions of the Interstate Compact for Juveniles. [PL 2023, c. 136, §8 (NEW).]
15 M.R.S. § 1260 — ME Code / Title 15 / Part 3 / Chapter 203 / Section 1260
15 §1260. View by jury
Status: in_force

The court may order a view by any jury in a criminal case.
15 M.R.S. § 1470 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1470
15 §1470. Short title
Status: in_force

This subchapter may be cited as the "Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act." [PL 1967, c. 317 (NEW).]
15 M.R.S. § 1411 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1411
15 §1411. Short title
Status: in_force

This subchapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from without a State in Criminal Proceedings."
15 M.R.S. § 5824 — ME Code / Title 15 / Part 7 / Chapter 517 / Section 5824
15 §5824. Equitable transfer of forfeited assets
Status: in_force

In the case of any asset decreed forfeit under this chapter or under Title 25 , to any entity other than the General Fund, transfer of title to the asset shall not occur until the transfer is approved by: [PL 1987, c. 420, §2 (NEW).]

1. State; agency or department. In the case of an agency or department of the State, the Governor or the Attorney General; [PL 1999, c. 408, §2 (AMD).]

2. County; agency or department. In the case of an agency or department of a county, a majority of the commissioners of the county; and [PL 1987, c. 420, §2 (NEW).]

3. Municipality; agency or department. In the case of an agency or department of a municipality, the municipal officers of the municipality. [PL 1999, c. 408, §2 (AMD).]
15 M.R.S. § 705 — ME Code / Title 15 / Part 2 / Chapter 101 / Section 705
15 §705. Arrests in other counties
Status: in_force

When a person charged with an offense in any county, before or after the issue of the warrant, removes, escapes or is found out of that county, the officer having the warrant may pursue and arrest the person in any other county and command aid as in the officer's own county. [RR 2023, c. 2, Pt. D, §48 (COR).]
15 M.R.S. § 1103 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1103
15 §1103. Summary contempt proceeding involving a punitive sanction
Status: in_force

The setting of bail for an alleged contemnor in a summary contempt proceeding involving a punitive sanction under the Maine Rules of Civil Procedure, Rule 66, including any appeal under section 2115‑B , is a matter wholly within the discretion of the court. Subchapters 4 and 5 apply. [PL 2007, c. 552, §2 (AMD).]
15 M.R.S. § 6101 — ME Code / Title 15 / Part 8 / Chapter 520 / Section 6101
15 §6101. Victim involvement in criminal proceedings
Status: in_force

1. Notice to victims. Whenever practicable, the attorney for the State shall make a good faith effort to inform the victims and families of victims of crimes of domestic violence and sexual assault and crimes in which the victim or the victim's family suffered serious physical trauma or serious financial loss of: A. The victim advocate and the victims' compensation fund pursuant to Title 5, chapter 316‑A ; [PL 1995, c. 680, §2 (AMD).] B. The victim's right to be advised of the existence of a negotiated plea agreement before that agreement is submitted to the court pursuant to Title 17‑A, section 2103 ; [PL 2019, c. 113, Pt. C, §53 (AMD).] C. The time and place of the trial, if one is to be held; [PL 1993, c. 675, Pt. A, §3 (NEW).] D. The victim's right to make a statement or submit a written statement at the time of sentencing pursuant to Title 17‑A, section 2104 upon conviction of the defendant; and [PL 2019, c. 113, Pt. C, §54 (AMD).] E. The final disposition of the charges against that defendant. [PL 1993, c. 675, Pt. A, §3 (NEW).] [PL 2019, c. 113, Pt. C, §§53, 54 (AMD).]

2. Notice to court. Whenever practicable, the attorney for the State shall make a good faith effort to inform the court about the following: A. If there is a plea agreement, the victim's or the victim's family's position on the plea agreement; or [PL 1995, c. 680, §2 (AMD).] B. If there is no plea agreement, the victim's or the victim's family's position on sentencing. [PL 1993, c. 675, Pt. A, §3 (NEW).] [PL 1995, c. 680, §2 (AMD).]
15 M.R.S. § 2156 — ME Code / Title 15 / Part 4 / Chapter 306-A / Section 2156
15 §2156. Relief
Status: in_force

1. Substitution of sentence or remand. [PL 1991, c. 525, §3 (RP).]

1-A. Remand. If the Supreme Judicial Court determines that relief should be granted, it must remand the case to the court that imposed the sentence for any further proceedings that could have been conducted prior to the imposition of the sentence under review and for resentencing on the basis of such further proceedings provided that the sentence is not more severe than the sentence appealed. [PL 1991, c. 525, §4 (NEW).]

2. Affirmation of sentence. If the Supreme Judicial Court determines that relief should not be granted, it shall affirm the sentence under review. [PL 1989, c. 218, §5 (NEW).]
15 M.R.S. § 3201 — ME Code / Title 15 / Part 6 / Chapter 505 / Section 3201
15 §3201. Warrantless arrests
Status: in_force

1. Warrantless arrests. Arrests without warrants of juveniles for juvenile crimes defined by section 3103, subsection 1, paragraphs A , G and H by law enforcement officers or private persons must be made pursuant to the provisions of Title 17‑A, sections 15 and 16 . For purposes of this section, a juvenile crime defined under section 3103, subsection 1, paragraph H is deemed a Class D or Class E crime. A law enforcement officer or private person may not arrest a juvenile for a juvenile crime defined by section 3103, subsection 1, paragraph B or C . [PL 2025, c. 431, §9 (AMD).]

2. Contact police or sheriff. Any private person who makes an arrest without a warrant pursuant to this section shall immediately contact the police or sheriff's department whose responsibility it shall be to immediately take charge of the juvenile. [PL 1977, c. 520, §1 (NEW).]

3. Enforcement of other juvenile crimes. A law enforcement officer who has probable cause to believe that a juvenile crime, as defined by section 3103, subsection 1, paragraph B or C has been committed may request that the juvenile provide the officer with reasonably credible evidence of the juvenile's name, address and date of birth. The evidence may consist of oral representations by the juvenile. If the juvenile furnishes the officer with evidence of the juvenile's name, address and date of birth and the evidence does not appear to be reasonably credible, the officer shall attempt to verify the evidence as quickly as is reasonably possible. During the period the verification is being attempted, the officer may require the juvenile to remain present for a period not to exceed 2 hours. The officer may not arrest the juvenile for the juvenile crime defined by section 3103, subsection 1, paragraph B or C . After informing the juvenile of the provisions of this subsection, the officer may arrest the juvenile for conduct that, if committed by an adult, would be considered criminal as described in Title 17‑A, section 17, subsection 2 if the juvenile intentionally refuses to furnish any evidence of the juvenile's correct name, address or date of birth, or if, after attempting to verify the evidence as provided for in this subsection, the officer has probable cause to believe that the juvenile has intentionally failed to provide reasonably credible evidence of the juvenile's name, address or date of birth. [PL 2005, c. 328, §7 (AMD).]
15 M.R.S. § 2129 — ME Code / Title 15 / Part 4 / Chapter 305-A / Section 2129
15 §2129. Petition and procedure
Status: in_force

1. Filing of petition. Petitions shall be filed as follows. A. A proceeding for post-conviction review shall be commenced by filing a petition in the Superior Court in the county specified in section 2123 . [PL 1981, c. 238, §5 (NEW).] B. If the petitioner desires to have counsel appointed, the petitioner shall file an affidavit of indigency in the form prescribed by the Supreme Judicial Court. If the petitioner is incarcerated, the affidavit must be accompanied by a certificate of the appropriate officer of the institution in which the petitioner is incarcerated as to the amount of money or securities on deposit to the petitioner's credit in any account in the institution. The failure to include an affidavit of indigency with the petition does not bar the court from appointing counsel upon a subsequent filing of an affidavit of indigency. [RR 2023, c. 2, Pt. D, §79 (COR).] C. Once the petition has been filed, the clerk shall forward a copy of the petition and any separate documents filed with it to the Chief Justice of the Superior Court and to the prosecutorial office that earlier represented the State in the underlying criminal or juvenile proceeding. [PL 2003, c. 29, §3 (AMD).] [RR 2023, c. 2, Pt. D, §79 (COR).]

2. Assignment of case. [PL 2003, c. 29, §4 (RP).]

3. Representation of respondent. In all proceedings for postconviction review, the State may be represented by the prosecutorial office that earlier represented the State in the underlying criminal or juvenile proceeding. On a case-by-case basis, a different prosecutorial office may represent the State on agreement between the 2 prosecutorial offices. [PL 1991, c. 622, Pt. D (RPR).]

4. Bail pending disposition of petition. Pending final disposition, the assigned justice or judge may order the release of the petitioner on bail at such time and under such circumstances and conditions as the Supreme Judicial Court provides by rule. [PL 2011, c. 601, §12 (AMD).]

5. Procedure in proceedings pursuant to this chapter. In all respects not covered by statute, the procedure in proceedings under this chapter is as the Supreme Judicial Court provides by rule. [PL 2003, c. 29, §5 (AMD).]

6. Amendment to petition. [PL 1981, c. 238, §5 (RP).]

7. Representation of respondent. [PL 1981, c. 238, §5 (RP).]

8. Response. [PL 1981, c. 238, §5 (RP).]

9. Discovery. [PL 1981, c. 238, §5 (RP).]

10. Determination by court; hearing. [PL 1981, c. 238, §5 (RP).]

11. Bail pending dispostion of petition. [PL 1981, c. 238, §5 (RP).]
15 M.R.S. § 2166 — ME Code / Title 15 / Part 4 / Chapter 307 / Section 2166
15 §2166. Return of warrant for pardon or commutation
Status: in_force

When a convict is pardoned or the convict's punishment is commuted, the officer to whom the warrant for that purpose is issued shall, as soon as may be after executing the warrant, make return thereof, under the officer's hand, with the officer's doings thereon, to the office of the Secretary of State. The officer shall file in the clerk's office of the court in which the offender was convicted an attested copy of the warrant and return, a brief abstract whereof the clerk shall subjoin to the record of the conviction and sentence. [RR 2023, c. 2, Pt. D, §84 (COR).]
15 M.R.S. § 3501 — ME Code / Title 15 / Part 6 / Chapter 511 / Section 3501
15 §3501. Interim care
Status: in_force

1. Interim care. A juvenile may be taken into interim care by a law enforcement officer without order by the court when the officer has reasonable grounds to believe that: A. The juvenile is abandoned, lost or seriously endangered in the juvenile's surroundings and that immediate removal is necessary for the juvenile's protection; or [PL 2019, c. 525, §29 (AMD).] B. The juvenile has left the care of the juvenile's parent or parents, guardian or legal custodian without the consent of the parent or parents, guardian or legal custodian. [PL 2019, c. 525, §29 (AMD).] [PL 2019, c. 525, §29 (AMD).]

2. Limit. Under no circumstances shall any juvenile taken into interim care be held involuntarily for more than 6 hours. [PL 1977, c. 520, §1 (NEW).]

3. Interim care, police record. The taking of a juvenile into interim care pursuant to this section is not an arrest and shall not be designated in any police records as an arrest. [PL 1977, c. 520, §1 (NEW).]

4. Notification of parents, guardian or custodian. When a juvenile is taken into interim care, the law enforcement officer or the Department of Health and Human Services shall, as soon as possible, notify the juvenile's parent, guardian or legal custodian of the juvenile's whereabouts. If a parent, guardian or legal custodian cannot be located, such notification shall be made to a person with whom the juvenile is residing. [PL 1981, c. 619, §5 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

5. Interim care, placement. A. When a law enforcement officer takes a juvenile into interim care, the officer shall contact the Department of Health and Human Services which shall designate a place where the juvenile will be held. [PL 1981, c. 619, §6 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] B. The law enforcement officer shall take the juvenile to the Department of Health and Human Services or to the location specified by the department without unnecessary delay. [PL 1981, c. 619, §7 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] C. [PL 1981, c. 619, §8 (RP).] [PL 1981, c. 619, §§6-8 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

6. (omitted). Revisor's Note: Subsection 6 omitted when section enacted by PL 1977, c. 520, §1

7. Interim care, restriction on placement and transportation. A. A juvenile taken into interim care may not be placed in a jail or other secure detention or correctional facility intended or used to detain adults accused or convicted of crimes or juveniles accused or adjudicated of juvenile crimes. [PL 1997, c. 752, §28 (AMD).] B. Notwithstanding paragraph A , a juvenile taken into interim care may be held, if no other appropriate placement is available, in the public sections of a facility described in section 3203‑A, subsection 7, paragraph B if there is an adequate staff to supervise the juvenile's activities at all times or in accordance with section 3203‑A, subsection 7‑A . [PL 1997, c. 752, §29 (AMD).] C. To the extent practicable, a juvenile taken into interim care shall not be placed or transported in any police or other vehicle which at the same time contains an adult under arrest. [PL 1977, c. 520, §1 (NEW).] [PL 1997, c. 752, §§28, 29 (AMD).]

8. Interim care; voluntary services. The Department of Health and Human Services shall inform the juvenile and the juvenile's parent or parents, guardian or legal custodian of social services and encourage them to voluntarily accept social services. [PL 2019, c. 525, §30 (AMD).]

9. Interim care, identification of juvenile. Fingerprints of a juvenile taken into interim care pursuant to this section may not be obtained from the juvenile. Solely for the purpose of restoring a juvenile to the juvenile's residence, the juvenile's name, address, photograph and other reasonably necessary information may be obtained and transmitted to any appropriate person or agency. [RR 2023, c. 2, Pt. D, §95 (COR).]
15 M.R.S. § 2301 — ME Code / Title 15 / Part 4 / Chapter 311 / Section 2301
15 §2301. Short title
Status: in_force

This chapter may be cited as the "Interstate Compact on the Mentally Disordered Offender" and is hereinafter in this chapter called the "compact." [PL 1979, c. 303 (NEW).]
15 M.R.S. § 155 — ME Code / Title 15 / Part 1 / Chapter 7 / Section 155
15 §155. Hearing
Status: in_force

If an arrest is made in this State by an officer of another state in accordance with section 154, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this State or admit the person to bail for that purpose. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested. [RR 2023, c. 2, Pt. D, §8 (COR).]
15 M.R.S. § 204 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 204
15 §204. Attorney General to investigate at demand of Governor
Status: in_force

When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to investigate or assist in investigating the demand and to report to the Governor the situation and circumstances of the person so demanded and whether the person ought to be surrendered. [RR 2023, c. 2, Pt. D, §12 (COR).]
15 M.R.S. § 1094-C — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1094-C
15 §1094-C. Improper contact with alleged murder victim's family or household member
Status: in_force

1. Improper contact. A person is guilty of improper contact with an alleged murder victim's family or household member if: A. The person is being detained as a result of the person's arrest for the intentional or knowing murder of the alleged victim; [PL 2017, c. 432, Pt. A, §2 (NEW).] B. A Harnish bail proceeding: (1) Has not yet taken place; (2) Has been waived in open court by the person; or (3) Has taken place and the person's conditional right to bail has been extinguished and bail has been denied by the court; [PL 2017, c. 432, Pt. A, §2 (NEW).] C. The person: (1) In the circumstance specified in paragraph B , subparagraph (1) is notified, in writing or otherwise, by the detaining county jail, correctional facility or mental health institute staff not to make direct or indirect contact with any specifically identified family or household member of the alleged victim of the crime for which the person is being detained; or (2) In the circumstance specified in paragraph B , subparagraph (2) or (3) is notified on the record or in writing by the court not to make direct or indirect contact with any specifically identified family or household member of the alleged victim of the crime for which the person is being detained; and [PL 2017, c. 432, Pt. A, §2 (NEW).] D. After the notification specified in paragraph C , the person intentionally or knowingly makes direct or indirect contact with the specifically identified family or household member of the alleged victim of the crime for which the person is being detained. [PL 2017, c. 432, Pt. A, §2 (NEW).] As used in this subsection, "family or household member" has the same meaning as in Title 19‑A, section 4102, subsection 6, paragraphs A to E . [PL 2021, c. 647, Pt. B, §14 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

2. Penalty. Violation of this section is a Class C crime. [PL 2017, c. 432, Pt. A, §2 (NEW).]
15 M.R.S. § 1469 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1469
15 §1469. Uniformity of interpretation
Status: in_force

This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [PL 1967, c. 317 (NEW).]
15 M.R.S. § 1981 — ME Code / Title 15 / Part 4 / Chapter 303 / Section 1981
15 §1981. Payment over of fines and costs collected
Status: in_force

Sheriffs, jailers and constables who by virtue of their office receive any fines or forfeitures shall forthwith pay the fines and forfeitures to the Treasurer of State. [RR 2023, c. 2, Pt. D, §73 (COR).]

If any such officer neglects to pay over the fine or forfeiture for 30 days after the receipt of the fine or forfeiture or if the officer permits any person sentenced to pay the fine or forfeiture and committed to the officer's custody to go at large without payment, unless by order of court, and does not within 30 days after the escape pay the amount of the fine or forfeiture to the clerk of the court, the officer forfeits to the State double the amount. The Treasurer of State shall give notice of that neglect to the Attorney General, who shall sue therefor in a civil action in the name of the Treasurer of State. [RR 2023, c. 2, Pt. D, §73 (COR).]

All such fines imposed by the District Court must be paid over to the District Court. [RR 2023, c. 2, Pt. D, §73 (COR).]
15 M.R.S. § 109 — ME Code / Title 15 / Part 1 / Chapter 5 / Section 109
15 §109. Committee for the oversight of patient human rights
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Commissioner" means the Commissioner of Health and Human Services. [PL 2019, c. 405, §2 (NEW).] B. "Committee" means a committee at a state institution that has responsibility for overseeing patients in a state institution or forensic patients placed in institutions outside the State. [PL 2019, c. 405, §2 (NEW).] C. "Department" means the Department of Health and Human Services. [PL 2019, c. 405, §2 (NEW).] D. "State institution" has the same meaning as in Title 34‑B, section 1001, subsection 8 . [PL 2019, c. 405, §2 (NEW).] E. "Superintendent" means the chief administrative officer of a state institution. [PL 2019, c. 405, §2 (NEW).] [PL 2019, c. 405, §2 (NEW).]

2. Committee convened. The commissioner shall convene a committee in each state institution. [PL 2019, c. 405, §2 (NEW).]

3. Duties. The duties of the committee include, but are not limited to: A. Reviewing practices that affect, or potentially affect, the civil liberties or other rights of patients; [PL 2019, c. 405, §2 (NEW).] B. Reviewing, investigating and seeking resolution of patient grievances; [PL 2019, c. 405, §2 (NEW).] C. For forensic patients placed outside the State pursuant to section 103 : (1) Reviewing reports submitted to the commissioner by the state institution pursuant to section 104‑A, subsection 1 and provided to the committee by the superintendent pursuant to subsection 4 ; (2) Reviewing medical records or other records at the request of the patient or the patient's guardian if the patient who is the subject of the review or the patient's guardian has provided informed, written consent; and (3) Receiving verbal reports at least twice per year from the superintendent of the state institution monitoring the person's placement outside the State; [RR 2021, c. 2, Pt. A, §32 (COR).] D. Performing other duties as assigned by the superintendent; and [PL 2019, c. 405, §2 (NEW).] E. Making recommendations or reporting concerns to the superintendent based on any review under this subsection. [PL 2019, c. 405, §2 (NEW).] [RR 2021, c. 2, Pt. A, §32 (COR).]

4. Report; confidentiality. The superintendent shall provide patient reports under section 104‑A, subsection 1 to the committee. The superintendent shall remove any identifying information of the patient in the report reviewed by the committee pursuant to subsection 3, paragraph C , subparagraph (1), unless the patient who is the subject of the report or the patient's guardian has provided informed, written consent to the full disclosure of the report to the committee. [PL 2019, c. 405, §2 (NEW).]
15 M.R.S. § 291 — ME Code / Title 15 / Part 1 / Chapter 11 / Section 291
15 §291. Judge on view; sureties without formal complaint
Status: in_force

A person who in the presence of any of the judges aforesaid or of any court of record makes an affray; threatens to kill or beat another or to commit any violence against another's person or property; or contends with hot and angry words to the disturbance of the peace may be ordered, without process or other proof, to recognize to keep the peace and be of good behavior for a term not exceeding 3 months and may be otherwise dealt with as is provided in sections 281 to 290. [RR 2023, c. 2, Pt. D, §44 (COR).]
15 M.R.S. § 702 — ME Code / Title 15 / Part 2 / Chapter 101 / Section 702
15 §702. Justices, judges and justices of the peace may issue processes
Status: in_force

The Justices of the Supreme Judicial Court and of the Superior Court, Judges of the District Court and justices of the peace may issue processes for the arrest of persons charged with offenses. For purposes of this section and section 706 , full faith and credit must be given to offenses subject to the exclusive jurisdiction of the Passamaquoddy Tribe or the Penobscot Nation under the terms of Title 30, section 6209‑A or 6209‑B . [PL 1995, c. 388, §4 (AMD); PL 1995, c. 388, §8 (AFF).]
15 M.R.S. § 223 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 223
15 §223. Application for issuance of requisition
Status: in_force

1. Person charged with crime. When it is required to return to this State a person charged with a crime in this State, the prosecuting attorney shall present to the Governor a written application for a requisition for the return of the person charged. The application must state: A. The name of the person charged; [PL 1977, c. 671, §18 (RPR).] B. The crime with which the person is charged; [RR 2023, c. 2, Pt. D, §29 (COR).] C. The approximate time, place and circumstances of the commission of the crime under paragraph B; and [RR 2023, c. 2, Pt. D, §29 (COR).] D. The state in which the accused is believed to be, including the accused's location therein at the time the application is made. [RR 2023, c. 2, Pt. D, §29 (COR).] The prosecuting attorney shall certify in the application that in the prosecuting attorney's opinion the ends of justice require the arrest and return of the accused to this State for trial and that the proceeding is not instituted to enforce a private claim. [RR 2023, c. 2, Pt. D, §29 (COR).]

2. Person convicted of a crime. When it is required to return to this State a person who has been convicted of a crime in this State and who has escaped from confinement or broken the terms of the person's bail, probation or parole, the prosecuting attorney, the State Parole Board, the warden of the institution or the sheriff of the county from which the escape was made shall present to the Governor a written application for a requisition for the return of that person. The application must state: A. The name of the person; [PL 1977, c. 671, §18 (RPR).] B. The crime of which the person was convicted; [RR 2023, c. 2, Pt. D, §30 (COR).] C. The circumstances of the person's escape from confinement or of the breach of the terms of the person's bail, probation or parole; and [RR 2023, c. 2, Pt. D, §30 (COR).] D. The state in which the person is believed to be, including the person's location therein at the time the application is made. [RR 2023, c. 2, Pt. D, §30 (COR).] [RR 2023, c. 2, Pt. D, §30 (COR).]

3. Verification; filing. The application must be verified by affidavit, executed in duplicate and accompanied by 2 certified copies of: A. The indictment return; [PL 1977, c. 671, §18 (RPR).] B. The information filed or the complaint made to the judge or magistrate stating the offense with which the accused is charged, together with the affidavit in support of the information or complaint; or [PL 1977, c. 671, §18 (RPR).] C. The judgment of conviction. [PL 1977, c. 671, §18 (RPR).] The prosecuting attorney, State Parole Board, warden or sheriff may attach any further affidavits and other documents that the prosecuting attorney, State Parole Board, warden or sheriff considers proper to be submitted with the application, including affidavits with attached photographs or fingerprints that serve to establish that the person named and shown therein is the person for whom a requisition is sought. One copy of the application with the action of the Governor indicated thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction, or of the sentence must be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers must be forwarded with the Governor's requisition. [RR 2023, c. 2, Pt. D, §31 (COR).]

4. Prosecuting attorney; defined. As used in this section, the term "prosecuting attorney" means: A. The district attorney or the deputy district attorney of the county in which the offense was committed; or [PL 1977, c. 671, §18 (NEW).] B. The Attorney General or a Deputy Attorney General. [PL 1977, c. 671, §18 (NEW).] [PL 1979, c. 663, §90 (AMD).]
15 M.R.S. § 2303 — ME Code / Title 15 / Part 4 / Chapter 311 / Section 2303
15 §2303. Definitions -- Article II
Status: in_force

1. Mentally disordered offender. "Mentally disordered offender" means a person who has been determined, by adjudication or other method legally sufficient for the purpose in the party state where the determination is made, to be mentally ill and: A. Is under sentence for the commission of crime; or [PL 1979, c. 303 (NEW).] B. Who is confined or committed on account of the commission of an offense for which, in the absence of mental illness, said person would be subject to incarceration in a penal or correctional facility. [PL 1979, c. 303 (NEW).] [PL 1979, c. 303 (NEW).]

2. Patient. "Patient" means a mentally disordered offender who is cared for, treated or transferred pursuant to this compact. [PL 1979, c. 303 (NEW).]

3. Sending state. "Sending state" means a state party to this compact in which the mentally disordered offender was convicted; the state in which the mentally disordered offender would be subject to trial on or conviction of an offense, except for the mentally disordered offender's mental condition; or, within the meaning of Article V of this compact, the state whose authorities have filed a petition in connection with an untried indictment, information or complaint. [RR 2023, c. 2, Pt. D, §86 (COR).]

4. Receiving state. "Receiving state" means a state party to this compact to which a mentally disordered offender is sent for care, aftercare, treatment or rehabilitation, or, within the meaning of Article V of this compact, the state in which a petition in connection with an untried indictment, information or complaint has been filed. [PL 1979, c. 303 (NEW).]
15 M.R.S. § 2128 — ME Code / Title 15 / Part 4 / Chapter 305-A / Section 2128
15 §2128. Waiver of grounds for relief
Status: in_force

A person under restraint or impediment specified in section 2124 shall demonstrate that any ground of relief has not been waived. The bases of waiver are as follows. [PL 2011, c. 601, §9 (AMD).]

1. Errors claimable on direct appeal. Errors at the trial that have been or could have been raised on a direct appeal, whether or not such an appeal was taken, may not be raised in an action for post-conviction review under this chapter, except that if the failure of the convicted or adjudicated person to take an appeal or to raise certain issues on appeal is excusable and the errors not appealed may result in reversal of the criminal judgment, the court may order that an appeal be taken as provided in section 2130 . [PL 2011, c. 601, §9 (AMD).]

2. Errors claimable in federal habeas corpus. [PL 2011, c. 601, §9 (RP).]

3. Waiver of grounds not raised in prior post-conviction review action. All grounds for relief from a criminal judgment or from a post-sentencing proceeding must be raised in a single post-conviction review action and any grounds not so raised are waived unless the Constitution of Maine or the Constitution of the United States otherwise requires or unless the court determines that the ground could not reasonably have been raised in an earlier action. [PL 2011, c. 601, §9 (AMD).]

4. Prior challenges. A person who has previously challenged a criminal judgment or a post-sentencing proceeding under former Title 14 , sections 5502 to 5508 or its predecessors may not challenge the criminal judgment or post-sentencing proceeding by post-conviction review unless the court determines that a ground claimed in the action for post-conviction review could not reasonably have been raised in the earlier action. [PL 2011, c. 601, §9 (AMD).]

5. Filing deadline for direct impediment. [PL 2011, c. 601, §9 (RP).]

6. Filing deadline for indirect impediment. [PL 2011, c. 601, §9 (RP).]
15 M.R.S. § 1943 — ME Code / Title 15 / Part 4 / Chapter 303 / Section 1943
15 §1943. Fines, costs and forfeitures in Superior Court
Status: in_force

Every clerk of a Superior Court shall render under oath a detailed account of all fines, costs and forfeitures upon convictions and sentences before the court and shall pay them into the State Treasury on or before the 15th day of the month following the collection of such fines, costs and forfeitures. Any person who fails to make such payments into the State Treasury forfeits, in each instance, double the amount so neglected to be paid over, to be recovered by indictment for the persons entitled to such fines, costs and forfeitures, and in default of payment, that person is guilty of a Class E crime. [PL 2015, c. 44, §5 (AMD).]
15 M.R.S. § 103 — ME Code / Title 15 / Part 1 / Chapter 5 / Section 103
15 §103. Commitment following acceptance of negotiated insanity plea or following verdict or finding of insanity
Status: in_force

When a court accepts a negotiated plea of not criminally responsible by reason of insanity or when a defendant is found not criminally responsible by reason of insanity by jury verdict or court finding, the judgment must so state. In those cases the court shall order the person committed to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution for the care and treatment of persons with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism for care and treatment. Upon placement in the appropriate institution or residential program and in the event of transfer from one institution or residential program to another of persons committed under this section, notice of the placement or transfer must be given by the commissioner to the committing court. [PL 2011, c. 542, Pt. A, §10 (AMD).]

When a person who has been evaluated on behalf of a court by the State Forensic Service is committed into the custody of the Commissioner of Health and Human Services pursuant to this section, the court shall order that the State Forensic Service share any information it has collected or generated with respect to the person with the institution or residential program in which the person is placed. [PL 2013, c. 424, Pt. B, §3 (AMD).]

As used in this section, "not criminally responsible by reason of insanity" has the same meaning as in Title 17‑A, section 39 and includes any comparable plea, finding or verdict in this State under former section 102; under a former version of Title 17-A, section 39; under former Title 17-A, section 58; or under former section 17-B, chapter 149 of the Revised Statutes of 1954. [PL 2005, c. 263, §1 (NEW).]
15 M.R.S. § 1092 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1092
15 §1092. Violation of condition of release
Status: in_force

1. Violation of condition of release. A defendant who has been granted preconviction or postconviction bail and who, in fact, violates a condition of release is guilty of: A. A Class E crime; or [PL 2003, c. 452, Pt. H, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more and the condition of release violated is one specified in section 1026, subsection 3, paragraph A , subparagraph (5) or (8). [PL 2023, c. 293, §1 (AMD).] [PL 2023, c. 293, §1 (AMD).]

2. Affirmative defense. It is an affirmative defense to prosecution under subsection 1 that the violation resulted from just cause. [PL 2003, c. 452, Pt. H, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. H, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Limitations on authority of bail commissioner to set bail. A court may, but a bail commissioner may not, set bail for a defendant granted preconviction or post-conviction bail who has been arrested for an alleged violation of this section if: A. The condition of release alleged to be violated relates to new criminal conduct for a crime classified as Class C or above or for a Class D or Class E crime involving domestic violence, sexual assault pursuant to Title 17‑A, chapter 11 or sexual exploitation of minors pursuant to Title 17‑A, chapter 12 ; [PL 2011, c. 341, §3 (NEW).] B. The underlying crime for which preconviction or post-conviction bail was granted is classified as Class C or above; or [PL 2013, c. 519, §3 (AMD).] C. The underlying crime for which preconviction or post-conviction bail was granted is a crime involving domestic violence, sexual assault pursuant to Title 17‑A, chapter 11 or sexual exploitation of minors pursuant to Title 17‑A, chapter 12 . [PL 2013, c. 519, §3 (AMD).] If a bail commissioner does not have sufficient information to determine whether the violation of the condition of release meets the criteria set forth under this subsection, the bail commissioner may not set bail on the violation of the condition of release. [PL 2013, c. 519, §3 (AMD).]
15 M.R.S. § 2115-B — ME Code / Title 15 / Part 4 / Chapter 305 / Section 2115-B
15 §2115-B. Appeal by aggrieved contemnor
Status: in_force

1. Summary contempt proceedings involving punitive sanctions. In a summary contempt proceeding involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, instituted under the Maine Rules of Civil Procedure, Rule 66, before a Judge of the District Court or Probate Court or a Justice of the Superior Court or the Supreme Judicial Court, a contemnor who is aggrieved by an order and imposition of a punitive sanction may appeal to the Supreme Judicial Court sitting as the Law Court, as provided under section 2111 or 2115 and the applicable Maine Rules of Appellate Procedure. [PL 2007, c. 552, §3 (AMD).]

2. Plenary contempt proceedings involving punitive sanctions. In a plenary contempt proceeding involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, instituted under the Maine Rules of Civil Procedure, Rule 66, any contemnor aggrieved by an adjudication and imposition of a punitive sanction may appeal to the Supreme Judicial Court sitting as the Law Court, as provided under section 2111 or 2115 and the applicable Maine Rules of Appellate Procedure. [PL 2007, c. 552, §3 (AMD).]
15 M.R.S. § 2136 — ME Code / Title 15 / Part 4 / Chapter 305-B / Section 2136
15 §2136. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 469, §1 (NEW).]

1. CODIS. "CODIS" means the Federal Bureau of Investigation's national DNA identification index system that allows for storage and exchange of DNA records submitted by state and local forensic DNA laboratories and is derived from the Combined DNA Index System. [PL 2001, c. 469, §1 (NEW).]

2. Crime lab. "Crime lab" means the Maine State Police Crime Laboratory located in Augusta. [PL 2001, c. 469, §1 (NEW).]

3. DNA. "DNA" means deoxyribonucleic acid. [PL 2001, c. 469, §1 (NEW).]

4. DNA analysis. "DNA analysis" means DNA typing tests that derive identification information specific to a person from that person's DNA. [PL 2001, c. 469, §1 (NEW).]

5. DNA record. "DNA record" means DNA identification information obtained from DNA analysis and stored in the state DNA data base or CODIS. [PL 2001, c. 469, §1 (NEW).]

6. DNA sample. "DNA sample" means a blood sample provided by a person convicted of one of the offenses listed in this chapter or submitted to the crime lab for analysis pursuant to a criminal investigation. [PL 2001, c. 469, §1 (NEW).]

7. State DNA data base. "State DNA data base" means the DNA identification record system administered by the Chief of the State Police. [PL 2001, c. 469, §1 (NEW).]

8. State DNA data bank. "State DNA data bank" means the repository of DNA samples maintained by the Chief of the State Police at the crime lab collected pursuant to Title 25, chapter 194 and this chapter. [RR 2021, c. 2, Pt. A, §33 (COR).]
15 M.R.S. § 2151 — ME Code / Title 15 / Part 4 / Chapter 306-A / Section 2151
15 §2151. Application to the Supreme Judicial Court by defendant for review of certain sentences
Status: in_force

In cases arising in the District Court or the Superior Court in which a defendant has been convicted of a criminal offense and sentenced to a term of imprisonment of one year or more, the defendant may apply to the Supreme Judicial Court, sitting as the Law Court, for review of the sentence, except: [PL 1997, c. 354, §1 (AMD).]

1. Different term could not be imposed. In any case in which a different term of imprisonment could not have been imposed; [PL 1999, c. 731, Pt. ZZZ, §23 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

2. Plea agreements. In any case in which the particular disposition involving imprisonment was imposed as a result of a court accepting a recommendation of the type specified in the Maine Rules of Unified Criminal Procedure, Rule 11A, subsection (a)(2) or (a)(4); or [PL 2015, c. 431, §26 (AMD).]

3. Restitution. As limited by Title 17‑A, section 2017 . [PL 2019, c. 113, Pt. C, §42 (AMD).]
15 M.R.S. § 228 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 228
15 §228. Trial for crimes other than specified
Status: in_force

After a person has been brought back to this State upon extradition proceedings, the person may be tried in this State for other crimes that the person may be charged with having committed in this State as well as that specified in the requisition for the person's extradition. [RR 2023, c. 2, Pt. D, §37 (COR).]
15 M.R.S. § 227 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 227
15 §227. Non-waiver by this State
Status: in_force

Nothing in this chapter shall be deemed to constitute a waiver by this State of its right, power or privilege to try such demanded person for crime committed within this State, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this State, nor shall any proceedings had under this chapter which result in or fail to result in extradition be deemed a waiver by this State of any of its rights, privileges or jurisdiction in any way whatsoever.