An Act To Use Forfeited Bail Money for the Victims of an Offender
Maine Legislature, Session 123, LD 0219
Committee: Criminal Justice and Public Safety
Sponsors: HANLEY, McCORMICK, FISCHER, HARLOW, MAZUREK, SCHATZ, SYKES, WEDDELL
Amends: 15 MRSA §224-A, 17-A MRSA §1329

Legislative Document 
No. 219 
H.P.190 
House of Representatives, January 16,2007 
An Act To Use Forfeited Bail Money for the Victims of an Offender 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative HANLEY of Gardiner. 
Cosponsored by Senator McCORMICK of Kennebec and 
'IJ1~ /J7.1J?dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: FISCHER of Presque Isle, HARLOW of Portland, MAZUREK of Rockland, 
SCHATZ of Blue Hill, SYKES of Harrison, WEDDELL of Frankfort. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §224-A, sub-§2, as amended by PL 1995, c. 447, §2, is further 
amended to read: 
2. Funding. The Extradition Account in each prosecutorial district is funded by bail 
forfeited to and recovered by the State pursuant to the Maine Rules of Criminal 
Procedure, Rule 46. Whenever bail is so forfeited and recovered by the State and if it is 
not payable as restitution pursuant to Title I7-A, section 1329, subsection 3-A, the district 
attorney shaH determine whether it or a portion of it is deposited in the Extradition 
Account for that district attorney's prosecutorial district, but in no event may the account 
exceed $20,000. Any bail so forfeited and recovered and not deposited in the Extradition 
Account must be deposited in the General Fund. Any unexpended balance in the 
Extradition Account of a prosecutorial district established by this section may not lapse 
but must be carried forward into the next year. 
Sec. 2. 15 MRS A §1094, first paragraph, as amended by PL 1997, c. 543, §21, 
is further amended to read: 
When a defendant who has been admitted to either preconviction or post-conviction 
bail in a criminal case fails to appear as required or has violated the conditions of release, 
the court shaH declare a forfeiture of the bail. The obligation of the defendant and any 
sureties may be enforced in such manner as the Supreme Judicial Court shall by rule 
provide and in accordance with section 224-A and Title 17-A, section 1329, subsection 3-
A. The rules adopted by the Supreme Judicial Court must provide for notice to the 
defendant and any sureties of the consequences of failure to comply with the conditions 
of bail. 
Sec.3. 17-A MRSA §1329, sub-§3-A is enacted to read: 
3-A. 
Forfeiture of bail. When an offender who has been sentenced to make 
restitution and has defaulted in payment or service of the restitution is declared in 
forfeiture of bail pursuant to Title 15, section 1094, the obligation and sureties of the 
defendant must be enforced pursuant to Title 15, section 1094 and the district attorney 
shaH use the proceeds to satisfy the offender's restitution obligation. Any proceeds from 
the forfeited bail remaining after the offender's restitution obligation has been satisfied 
must be used in accordance with Title 15, section 224-A, subsection 2. 
SUMMARY 
This biH requires the proceeds from a forfeited bail of an offender who is in default of 
a restitution obligation to be used to satisfy the obligation. 
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