An Act To Improve the Collection of Restitution and Supervision Fees
Maine Legislature, Session 122, LD 0862
Committee: Criminal Justice and Public Safety
Sponsors: BLANCHETTE, CLUKEY, DAVIS, GERZOFSKY, GROSE, HANLEY, PLUMMER
Amends: 34-A MRSA §5404

Legislative Document 
No. 862 
H.P.613 
House of Representatives, February 16,2005 
An Act To Improve the Collection of Restitution and Supervision 
Fees 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BLANCHETTE of Bangor. 
Cosponsored by Senator CLUKEY of Aroostook and 
7JJ~ 
'frI. 7lld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DAVIS of Augusta, GERZOFSKY of Brunswick, GROSE of Woolwich, 
HANLEY of Gardiner, PLUMMER of Windham. 
Printed on =ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17·A MRSA §1204, sub.§l.A, as amended by PL 1995, c. 
502, Pt. F, §11, is further amended to read: 
1-A. 
The court shall attach as a condition of probation 
that 
the 
convicted 
person 
pay, 
through 
the 
Department 
of 
Corrections, a supervision fee of between $10 and $50 per month, 
as 
determined 
by 
the 
court, 
for 
the 
term 
of 
probation. 
Notwithstanding the attachment of supervision fee conditions on 
more 
than one 
s~ntence, a 
person on probation on concurrent 
sentences is 
required to pay only one 
supervision fee. 
In 
determining the amount of the fee, 
the court shall take into 
account the financial resources of the convicted person and the 
nature of the burden its payment imposes. 
A person may not be 
sentenced to imprisonment without probation solely for the reason 
the person is not able to pay the 
fee. 
When 
a 
person on 
probation fails to pay the supervision fee, the court may revoke 
probation as specified in section 1206, unless the person shows 
that failure to pay was not attributable to a willful refusal to 
payor to a failure on that person· s part to make a good faith 
effort to obtain the funds required for the payment. 
The court, 
if it determines that revocation of probation is not warranted, 
shall issue a judgment for the total amount of the fee and shall 
issue an order attaching a specified portion of money received by 
or owed to the person on probation until the total amount of the 
fee has been paid. 
If the person makes this showing, the court 
may allow additional time for payment within the remaining period 
of probation or reduce the size of the fee to as low as $10 per 
month, but may not revoke the requirement to pay the fee unless 
the remaining period of probation is 30 days or less. 
Sec. 2. 17·A MRSA §1323, sub·§l, as amended by PL 1983, c. 
793, §l, is further amended to read: 
1. 
Inquiry as to 
whenever 
practicable, 
enforcement officer or 
victim's financial loss. The court shall, 
inquire 
of 
a 
prosecutor, 
F9±iee 
law 
victim with respect to the extent of the 
victim's financial loss, and shall order restitution WRe!'e when 
appropriate. The order for restitution shall designate the amount 
of restitution to be paid and the person or persons to whom the 
restitution will be paid. 
Sec.3. 17·A MRSA §1326·E is enacted to read: 
§1326-E. 
Joint and several order 
one 
be 
If the victim's financial loss has been caused by more than 
offender, the order must designate that the restitution is to 
paid on a joint and several basis. 
The agency collecting 
restitution pursuant to a joint and several order may, after the 
full amount of restitution has been collected and disbursed to 
the victim, continue to collect payments from an offender who has 
not paid an equal share of the restitution and may disburse the 
money collected to any other offender who has paid more than an 
equal share of the restitution. 
Sec. 4. 34-A MRSA §5404, sub-§2, ,C, as amended by PL 1995, c. 
502, Pt. F, §37, is further amended to read: 
C. 
If the officer has probable cause to believe that a 
person under the supervision of the department has violated 
a 
condition 
of 
that 
person's 
probation 
or 
parole 
or 
intensive supervision, the officer may arrest that personTL 
Sec. 5. 34-A MRSA §5404, sub-§3, ,E, as enacted by PL 1995, c. 
502, Pt. F, §40, is amended to read: 
E. 
Supervise the transition from institutional confinement 
for 
persons 
residing 
in 
a 
prerelease 
center 
if 
the 
commissioner directsT; and 
Sec. 6. 34-A MRSA §5404, sub-§4, as enacted by PL 1983, c. 
459, §6, is amended to read: 
4. 
Records and reports. Keep records of each case and make 
reports as requiredf-aasi 
Sec. 7. 34-A MRSA §5404, sub-§5, as amended by PL 199 L 
c. 27, 
is repealed. 
SUMMARY 
This bill clarifies the obligation of offenders by requiring 
the court to be clearer when ordering restitution and, in cases 
of joint and several restitution orders, by giving the department 
and the district attorneys the ability to continue to collect 
from offenders and distribute money back to offenders. 
The bill 
requires 
that 
supervision 
fees 
be 
ordered 
only 
once 
for 
concurrent crimes. 
Finally, the bill clarifies issues regarding 
disbursement of fines to the courts.