Maine Legislature, Session 121, LD 0729
Committee Amendment CA_A_H71 (House)
Amends: 15 MRSA §1028

COMMITTEE AMENDMENT "fl. to H.P. 535, L.D. 729, Bill, "An 
Act To Clarify the Standard for Review of Preconviction Bail" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
·Sec. 1. 15 MRSA §1028, as amended by PL 1999, c. 731, Pt. 
ZZZ, §10 and as affected by §42, is further amended to read: 
§1028. 
De novo determination of bail under section 1026 
1. 
By defendant in custody. 
Any defendant a~~F~e¥ea-9y-~Re 
Fe~QSa* who is in custody as a result of a decision of a Judge of 
the District Court or a bail commissioner acting under section 
1026 
~e---a.~1;-ae.l'-i-~---t~---de-f~-·-&---o£~-eas-e---efi---peFseBa± 
Feee~B~saBee-eo£-~-t~-eaee~1;-i-eB-ef-~~~-a.~p&a.l'-a.»G&-geBa 
aBa-~-i-s--:-i-B-€~6-teay-..f~--~1;--e~~Rle may petition the Superior 
Court for a 
de novo determination of 
t;Ra~--F-eE-~sa*~. 
The 
District Court Judge or bail commissioner making the decision 
shall advise the defendant of the right to obtain a 
de novo 
determination in the Superior Court. 
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 Superior Court. 
COMMITTEE AMENDMENT 
,~ 
~.", 
COMMITTEE AMENDMENT ,,~ to H.P. 535, L.D. 729 
If no Justice of the Superior Court will be available within 
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 of the 
Superior Court is then sitting. 
The defendant's custodian 
shall 
provide 
transportation 
to 
the 
Superior 
Court 
as 
required by this chapter without the issuance of any writ or 
other process. 
If there is no Justice of the Superior Court available, the 
defendant must be retained in custody until the petition can 
be considered. 
B. 
The petition and such other papers as may accompany it 
sha;l,;I, ~ 
be delivered to the clerk of the Superior Court 
to which the defendant is transported and upon receipt the 
clerk shall notify the attorney for the State. 
~he-Fe~i~ieB 
sha;l,;I,-have-p£4e£4~Y-~~-~~~-~~~-~~F&-&he-JQs~iee 
e~--~-be---~-i~---~eQFt... 
The 
Superior 
Court 
Justice 
eeBsiaeFiB~-~h~~-~~-&ha~~-issQe-~£-~~--~&-aeeeFaaBee 
wi~h shall reyiew the petition de noyo and set bail in any 
manner authorized by section 1026. 
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. 
2. 
By defendant not in custody. 
Any defendant who is not 
in custody but who is aggrieved by 
~he-£ei''li6a;l, a decision of a 
Judge of the District Court or a bail commissioner 
~9-~'Ii~B9~ise 
~h9--a9~9BaaBt~s--F9;1,ease--eB--FeFseBa;l,--Fee9~BiBaBee--eF--9B--the 
eHeeQtieB-~-~-QBSeeQFea-~-~-wh9--i~-~-iB-£~~~-~-a 
FeSQ;I,&-.g.f--~t;.-~e:fQ6a;l,T acting under section 1026 may petition 
the Superior Court for a de novo determination of bail.. The 
Superior Court Justice shall reyiew the petition de noyo and set 
bail in any manner authorized by section 1026. 
The petition 
sha;l,;I, ~ 
be considered as scheduled by the clerk. 
3. 
No further relief. 
Court under this section is 
available. ' 
The determination by the Superior 
final 
and no further relief is 
SUMMARY 
This amendment replaces the bill. 
The amendment clarifies 
the process for review of preconviction bail by clearly stating 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. f(.: to H.P. 535, L.D. 729 
that, upon receiving a petition for review of preconviction bail 
from a defendant who is in custody as a result of a decision of a 
District Court Judge or a bail commissioner or a defendant who is 
not in custody but who is aggrieved by a decision of a District 
Court Judge or a bail commissioner, 
a 
Superior Court Justice 
shall make an entirely new or de novo determination of bail. 
The 
Superior Court does not increase or decrease or otherwise modify 
the bail that is set but instead hears argument and makes an 
entirely new bail determination. 
This determination may include 
bail in any manner authorized by the Maine Revised Statutes, 
Title 15, section 1026; therefore, the Superior Court's de novo 
determination of bail may be the same, may be higher or lower or 
may have different conditions than the bail previously set. 
COMMITTEE AMENDMENT