An Act Containing the Recommendations of the Criminal Law Advisory Commission
Maine Legislature, Session 123, LD 2240
Committee: Criminal Justice and Public Safety
Amends: 4 MRSA §51, 15 MRSA §1026, 17-A MRSA §15, 17-A MRSA §16, 17-A MRSA §261, 17-A MRSA §1205, 19-A MRSA §4002

Legislative Document 
No. 2240 
H.P.1600 
House of Representatives, February 28, 2008 
An Act Containing the Recommendations of the Criminal Law 
Advisory Commission 
Reported by Representative GERZOFSKY of Brunswick for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Printed on recydeu paper 
IJ'/~ 177· 77ld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §51, as repealed and replaced by PL 1969, c. 354, is amended to 
read: 
§51. Constitution of court; concurrence required 
When sitting as a law court Law Court to determine questions of law arising in any 
civil actions and in criminal trials and proceedings or criminal action or proceeding, the 
Supreme Judicial Court sfl.a.lt must be composed as provided by rules promulgated 
adopted by that court and shall hear and determine such questions by the concurrence of a 
majority of the justices sitting and qualified to act. 
Sec. 2. 
MRSA §1026, sub-§2, as repealed by PL 2007, c. 374, §4 and 
II 
amended by c. 377, §4, is repealed. 
Sec. 3. 15 MRSA §1026, sub-§3, as amended by PL 2007, c. 374, §§6 to 8 and c. 
377, §5 and c. 377, §5, is repealed and the following enacted in its place: 
3. Release on conditions. Release on a condition or combination of conditions 
pursuant to subsection 1, paragraph B or C must be as provided in this subsection. 
A. 
If, after consideration of the factors listed in subsection 4, the judicial officer 
determines that the release described in subsection 2-A will not reasonably ensure the 
appearance of the defendant at the time and place required, will not reasonably ensure 
that the defendant will refrain from any new criminal conduct, will not reasonably 
ensure the integrity of the judicial process or will not reasonably ensure the safety of 
others in the community, the judicial officer shall order the pretrial release of the 
defendant subject to the least restrictive further condition or combination of 
conditions that the judicial officer determines will reasonably ensure the appearance 
of the defendant at the time and place required, will reasonably ensure that the 
defendant will refrain from any new criminal conduct, will reasonably ensure the 
integrity of the judicial process and will reasonably ensure the safety of others in the 
community. These conditions may include that the defendant: 
(1) Remain in the custody of a designated person or organization agreeing to 
supervise the defendant, including a public official, public agency or publicly 
funded organization, if the designated person or organization is able to 
reasonably ensure the appearance of the defendant at the time and place required, 
that the defendant will refrain from any new criminal conduct, the integrity of the 
judicial process and the safety of others in the community. When it is feasible to 
do so, the judicial officer shall impose the responsibility upon the defendant to 
produce the designated person or organization. 
The judicial officer may 
interview the designated person or organization to ensure satisfaction of both the 
willingness and ability required. The designated person or organization shall 
agree to notity immediately the judicial officer of any violation of release by the 
defendant; 
(2) Maintain employment or, if unemployed, actively seek employment; 
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(3) Maintain or commence an educational program; 
(4) Abide by specified restrictions on personal associations, place of abode or 
travel; 
(5) Avoid all contact with a victim of the alleged crime, a potential witness 
regarding the alleged crime or with any other family or household members of 
the victim or the defendant or to contact those individuals only at certain times or 
under certain conditions; 
(6) Report on a regular basis to a designated law enforcement agency or other 
governmental agency; 
(7) Comply with a specified curfew; 
(8) Refrain from possessing a firearm or other dangerous weapon; 
(9) Refrain from use or excessive use of alcohol and from any use of drugs; 
(10) Undergo, as an outpatient, available medical or psychiatric treatment, or 
enter and remain, as a voluntary patient, in a specified institution when required 
for that purpose; 
(lO-A) Enter and remain in a long-term residential facility for the treatment of 
substance abuse; 
(11) 
Execute an agreement to forfeit, in the event of noncompliance, such 
designated property, including money, as is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process and to ensure the safety of others in the community and post 
with an appropriate court such evidence of ownership of the property or such 
percentage ofthe money as the judicial officer specifies; 
(12) Execute a bail bond with sureties in such amount as is reasonably necessary 
to ensure the appearance of the defendant at the time and place required, to 
ensure that the defendant will refrain from any new criminal conduct, to ensure 
the integrity of the judicial process and to ensure the safety of others in the 
community; 
(13) Return to custody for specified hours following release for employment, 
schooling or other limited purposes; 
(14) Report on a regular basis to the defendant's attorney; 
(15) Notify the court of any changes of address or employment; 
(16) 
Provide to the court the name, address and telephone number of a 
designated person or organization that will know the defendant's whereabouts at 
all times; 
(17) Inform any law enforcement officer of the defendant's condition of release 
if the defendant is subsequently arrested or summonsed for new criminal 
conduct; and 
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(18) 
Satisfy any other condition that is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process and to ensure the safety of others in the community. 
B. The judicial officer may not impose a financial condition that, either alone or in 
combination with other conditions of bail, is in excess of that reasonably necessary to 
ensure the appearance of the defendant at the time and place required, to ensure that 
the defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process or to ensure the safety of others in the community. 
C. Upon motion by the attorney for the State or the defendant and after notice and 
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upon a showing of changed circumstances or upon the discovery of new and 
significant information, the court may amend the bail order to relieve the defendant 
of any condition of release, modify the conditions imposed or impose further 
conditions authorized by this subsection as the court determines to reasonably ensure 
IS 
the appearance of the defendant at the time and place required, that the defendant will 
refrain from any new criminal conduct, the integrity of the judicial process and the 
safety of others in the community. 
Sec. 4. 17-A MRSA §15, sub-§l, ~A, as amended by PL 2003, c. 102, § I, is 
further amended to read: 
A. 
Any person who the officer has probable cause to believe has committed or is 
committing: 
(1) Murder; 
(2) Any Class A, Class B or Class C crime; 
(3) Assault while hunting; 
(4) Any offense defined in chapter 45; 
(5) 
Assault, criminal threatening, terrorizing or stalking, if the officer 
reasonably believes that the person may cause injury to others unless 
immediately arrested; 
(5-A) 
Assault, criminal threatening, terrorizing, stalking, criminal mischief, 
obstructing the report of a crime or injury or reckless conduct if the officer 
I 
reasonably believes that the person and the victim are family or household 
members, as defined in Title 19-A, section 4002, subsection 4; 
(5-B) Domestic violence assault, domestic violence criminal threatening, 
domestic violence terrorizing, domestic violence stalking or domestic violence 
reckless conduct; 
(6) Theft as defined in section 357, when the value of the services is $1,000 or 
less if the officer reasonably believes that the person will not be apprehended 
unless immediately arrested; 
(7) 
Forgery, if the officer reasonably believes that the person will not be 
apprehended unless immediately arrested; 
(8) Negotiating a worthless instrument if the officer reasonably believes that the 
person will not be apprehended unless immediately arrested; 
(9) 
A violation of a condition of probation when requested by a probation 
officer or juvenile community corrections officer; 
(10) Violation of a condition of release in violation of Title 15, section 1026, 
subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, 
subsection 2; and Title 15, section 1092; 
(11) Theft involving a detention under Title 17, section 3521; 
(12) Harassment, as set forth in section 506-A; 
(13) 
Violation of a protection order, as specified in Title 5, section 4659, 
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subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, 
subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, 
subsection 3; and Title 19-A, section 4012, subsection 5; ef 
(14) 
A violation of a sex offender registration provision under Title 34-A, 
chapter 15; aOO 
(15) A violation of a requirement of administrative release when requested by the 
attorney for the State; 
(16) A violation of a condition of supervised release for sex offenders when 
requested by a probation officer; or 
(17) A violation of a court-imposed deferment requirement of a deferred 
disposition when requested by the attorney for the State; and 
Sec. 5. 17-A MRSA §16, sub-§2, as repealed and replaced by PL 2007, c. 466, 
Pt. B, § 11 and affected by § 12, is amended to read: 
2. Any person who, in fact, is committing in the private person's presence and in a 
public place any of the Class D or Class E crimes described in section 207; 209; 211; 
254; 255; 501, subsection 2 255-A; SOl-A, subsection 1, paragraph B; 503; 751; 806~ or 
1002. 
Sec. 6. 17-A MRSA §261, sub-§2, ~C, as enacted by PL 2007, c. 393, §I, is 
amended to read: 
C. Intentionally or knowingly has any direct or indirect contact in a sex offender 
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restricted zone with another person who has not in fact attained 14 years of age. 
Sec. 7. 17-A MRSA §1205, sub-§4, ~A, as enacted by PL 2005, c. 661, §1 and 
affected by §9, is amended to read: 
A. 
Whenever a person arrested pursuant to subsection 1 is entitled to a probable 
cause hearing pursuant to this subsection, unless the person waives the right to the 
hearing, that hearing must be afforded at the initial appearance and may be held by 
either the District Court or the Superior Court located as near to the place where the 
violation is alleged to have taken place as is reasonable under the CirCl:lffistances that 
placed the person on probation, unless a court orders otherwise. If it is alleged that 
the person violated probation because of the commiSSIOn of a new offense, the 
probable cause hearing is limited to the issue of identification if probable cause on 
the new offense has already been found by the District Court or by the Superior Court 
or the person has been indicted, has waived indictment or has been convicted. 
Sec. 8. 17-A MRS A §1304, sub-§3, as repealed and replaced by PL 1999, c. 367, 
§5, is amended to read: 
3. 
Either the attorney for the State or the court may initiate a motion to enforce 
payment of a fine. Notification for the hearing on the motion must be sent by regular 
mail to the offender's last known address. If the offender does not appear for the hearing 
after proper notification has been sent, the court may issue a bench warrant. A court need 
not bring a motion to enforce payment of a fine nor notifY the offender by regular mail of 
the date of the hearing if at the time of sentence imposition the court's order to pay the 
fine and accompanying warnings to the offender comply with Title 14, section 3141, 
subsection 3 or 4 and, if the offender fails to appear as directed by the court's fine order, 
the court may issue a bench warrant. 
A. 
Unless the offender shows by a preponderance of the evidence that the default 
was not attributable to an intentional or knowing refusal to obey the court's order or 
to a failure on the offender's part to make a good-faith effort to obtain the funds 
required for the payment, the court shall find that the default was unexcused and may 
commit the offender to the custody of the sheriff until all or a specified part of the 
fine is paid. The length of confinement in a county jail for unexcused default must be 
specified in the court's order and may not exceed one day for every $5 of unpaid fine 
or 6 months, whichever is shorter. An offender committed for nonpayment of a fine 
is given credit toward the payment of the fine for each day of confinement that the 
offender is in custody, at the rate specified in the court's order. The offender is also 
given credit for each day that the offender is detained as the result of an arrest 
warrant issued pursuant to this section. An offender is responsible for paying any 
fine remaining after receiving credit for confinement and detention. A default on the 
remaining fine is also governed by this section. 
B. 
If it appears that the default is excusable, the court may give the offender 
additional time for payment or may reduce the amount of each installment. 
C. 
If the court commits a person to the custody of the sheriff for nonpayment of a 
fine, the court may authorize, at the time of its order only, participation of the person 
in a project under Title 30-A, section 1606 with the agreement of the sheriff of the 
county jail where the person is committed. 
The person must be given credit 
according to Title 30-A, section 1606, subsection 2. 
D. 
The confinement ordered under this subsection must be nonconcurrent with any 
judgment of conviction involving a term of imprisonment. 
Sec. 9. 19-A MRSA §4002, sub-§4, as amended by PL 2005, c. 265, § 19, IS 
further amended to read: 
4. Family or household members. "Family or household members" means spouses 
or domestic partners or former spouses or former domestic partners, individuals presently 
, 
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or formerly living together as spouses, natural parents of the same child, adult household 
members related by consanguinity or affinity or minor children of a household member 
when the defendant is an adult household member and, for the purposes of this chapter 
and Title 17-A, sections 15, 207-A, 209-A, 210-B, 210-C, 211-A, 1201, 1202 and 1253 
only, includes individuals presently or formerly living together and individuals who are 
or were sexual partners. Holding oneself out to be a spouse is not necessary to constitute 
"living as spouses." 
For purposes of this subsection, "domestic partners" means 2 
unmarried adults who are domiciled together under long-term arrangements that evidence 
a commitment to remain responsible indefinitely for each other's welfare. 
SUMMARY 
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This bill IS proposed by the Criminal Law Advisory Commission and does the 
following. 
The bill amends the Maine Revised Statutes, Title 4, section 51 to conform the 
language with Rule 12(a) of the Maine Rules of Appellate Procedure. 
The bill deletes the first sentence of Title 15, section 1026, subsection 3 as amended 
by Public Law 2007, chapter 377, corrects a conflict created when Public Law 2007, 
chapter 374 amended the same section of law and adds a new introductory sentence that 
more accurately identifies the purpose of subsection 3. 
The bill adds to subparagraph 12 of Title 15, section 1026, subsection 3, paragraph A 
language that was unintentionally omitted when that paragraph was amended by Public 
Law 2007, chapter 374, section 6. 
The bill modifies Title 17-A, section 15, subsection I, paragraph A by adding a new 
subparagraph 5-B to reflect the new domestic violence crimes recently added to chapter 9 
of the Maine Criminal Code and by adding subparagraphs 15, 16 and 17, allowing a law 
enforcement officer to make a warrantless arrest of any person who the officer has 
probable cause to believe has committed or is committing a violation of a requirement of 
administrative release when requested by the attorney for the State, of a condition of 
supervised release for sex offenders when requested by a probation officer and of a court-
imposed deferment requirement of a deferred disposition when requested by the attorney 
for the State. 
The bill strikes the current references in Title 17-A, section 16, subsection 2 to 
section 255 and section 50 I, subsection 2, as each has been repealed. It also adds in Title 
17-A, section 16, subsection 2 a reference to current section 255-A, the section that 
replaced former section 255. 
The bill deletes the word "any" in Title 17-A, section 261, subsection 2, paragraph C, 
which is unnecessary and inconsistent with the parallel paragraph C of section 261, 
subsection I. 
The bill amends Title 17-A, section 1205, subsection 4, paragraph A by changing the 
current directive as to where a probable cause hearing should take place. Current law 
provides that the hearing must be held as near to the place where the new violation is 
alleged to have taken place as is reasonable. This change would create the general rule 
that the hearing be held in the court where the person was placed on probation, thus 
facilitating participation at the hearing by the prosecutorial office that prosecuted the 
underlying criminal case in the first instance rather than an office wholly unfamiliar with 
the case. A court would be free to order that the hearing be held elsewhere, on request of 
the State, the defendant or the court, if it is reasonable under the circumstances to hold the 
hearing in a court other than the court that sentenced the person, based on the availability 
of resources and familiarity with the defendant, the underlying case, the alleged violation 
and the person's conduct while under supervision. 
The bill eliminates in Title 17-A, section 1304, subsection 3 the necessity ofa court 
bringing a motion to enforce payment of a fine and providing notification to the offender 
if at the time of sentence imposition the court's order to pay the fine and accompanying 
warnings to the offender comply with Title 14, section 3141, subsection 3 or 4. In that 
event, if the offender fails to appear as directed by the court's fine order, the court may 
issue a bench warrant. 
The bill amends the definition of "family or household members" in Title 19-A, 
section 4002, subsection 4 by adding Title 17-A, sections 15, 207-A, 209-A, 21 O-B, 210-
C and 211-A to the current list of Maine Criminal Code sections for which the definition 
includes "individuals presently or formerly living together and individuals who are or 
were sexual partners."