An Act To Implement the Recommendations of the Criminal Law Advisory Commission
Maine Legislature, Session 123, LD 1240
Committee: Criminal Justice and Public Safety
Amends: 14 MRSA §3141, 15 MRSA §103-A, 15 MRSA §812, 15 MRSA §3101, 15 MRSA §3304, 15 MRSA §3314-B, 17-A MRSA §101, 17-A MRSA §351, 17-A MRSA §355, 17-A MRSA §908, 17-A MRSA §1176, 17-A MRSA §1202

Legislative Document 
No. 1240 
H.P.882 
House of Representatives, March 8, 2007 
An Act To Implement 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. 
PrinIW on recycled paper 
1J1~ 
frl·711dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRS A §3141, sub-§2, as enacted by PL 1987, c. 414, §2, is repealed. 
Sec. 2. 14 MRSA §3141, sub-§4, as amended by PL 1989, c. 875, Pt. E, §17, is 
further amended to read: 
4. Installment payments. If the court concludes that the defendant has the ability to 
pay the fine, but that requiring the defendant to make immediate payment in full would 
cause a severe and undue hardship for the defendant and the defendant's dependents, the 
court may authorize payment of the fine by means of installment payments in accordance 
with this subsection. When a court authorizes payment of a fine by means of installment 
payments, it shall issue, without a separate disclosure hearing, an order that the fine be 
paid in full by a date certain, that the defendant has a legal duty to move the court for a 
modification of time or method of payment to avoid a default and that in default of 
payment the defendant must appear in court to explain the failure to pay. 
In fixing the date of payment, the court shall issue an order wlHOO that will complete 
payment of the fine as promptly as possible without creating a severe and undue hardship 
for the defendant and the defendant's dependents. 
Sec. 3. 15 MRSA §103-A is enacted to read: 
§103-A. Commitment affected by certain sentences 
1. Commencement of commitment. When a person subject to an undischarged 
straight term of imprisonment or to an unsuspended portion of a split sentence for a 
Maine conviction is, as to a different Maine offense, found not criminally responsible by 
reason of insanity or is the recipient of a negotiated insanity plea, the person must first 
serve the undischarged term of imprisonment or the unsuspended portion of the split 
sentence before commencing the commitment to the custody of the Commissioner of 
Health and Human Services ordered by the court pursuant to section 103. 
2. 
Interruption of commitment. When a person while in the custody of the 
Commissioner of Health and Human Services pursuant to a commitment order under 
section 103 is found by a court to be in violation of the person's conditional release for a 
Maine conviction, if any, and new institutional confinement is ordered, or a person 
commits a Maine crime for which the person is subsequently convicted and the sentence 
imposed includes a straight term of imprisonment or a split sentence, the person must be 
placed in execution of that punishment, and custody pursuant to the commitment order 
under section 103 must automatically be interrupted thereby. In the event execution of 
that punishment is stayed pending appeal, the commitment under section 103 continues 
for the stay's duration. The person must be returned to the custody of the Commissioner 
of Health and Human Services pursuant to the commitment order under section 103 when 
the new institutional confinement ordered or the straight term of imprisonment or the 
unsuspended portion of the split sentence imposed has been fully served. 
3. Mental health treatment while imprisoned. While a person is imprisoned in 
execution of the punishment described in subsection 1 or 2, the county jailor state facility 
Pa,5C 1 - 123UU480(01 H 
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shall provide necessary mental health treatment pursuant to Title 30-A, section 1561 or 
Title 34-A, section 3031, subsection 2, including, when appropriate, seeking involuntul)' 
psychiatric hospitalization pursuant to section 2211-A, subsection 2 or Title 34-A, sec;,~ 
3069, subsection 1. 
Sec. 4. 15 MRSA §812, sub-§2, as amended by PL 1995, c. 680, § 1, is further 
amended to read: 
2. 
Notification to victims and law enforcement officers. 
Befefe Whenever 
practicable, before submitting a negotiated plea to the court, the attorney for the State 
shall affi4se 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,.J1 or 13 and, with respect to victims, shall advise victims of their rights 
tmder comply with Title 17-A, section +ill 1172, subsection 1, paragraphs A and B 
relative to informing victims of the details of and their right to comment on a plea 
agreement. 
Sec. 5. 15 MRSA §3101, sub-§4, ~C-2, as enacted by PL 1997, c. 645, §2, is 
amended to read: 
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. 
Sec. 6. 15 MRSA §3304, sub-§6-A,~, as enacted by PL 2003, c. 142, §1 and 
affected by §3, is amended to read: 
B. If the parent, guardian or legal custodian fails to appear with the juvenile and the 
court has not found good cause for not appearing, the court, after notice and hearing 
on the issue of contempt, may find the parent, guardian or legal custodian in 
contempt of court in accordance with the Maine Rules of Criminal Civil Procedure, 
Rule ~ 
66(d). 
Sec. 7. 15 MRSA §3314-B, sub-§3, as enacted by PL 2003, c. 142, §2 and 
affected by §3, is amended to read: 
3. Enforcement. After notice and hearing and in accordance with the Maine Rules 
of GRrnffial Civil Procedure, Rule ~ 
66(d), 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. 
Sec. 8. 17-A MRS A §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 
reasonably believes that the person and the victim are family or household 
members, as defined in Title 19-A, section 4002, subsection 4; 
(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, 
subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, 
subsection 2; former Title 19, section 770, subsectiem 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; 8f!:6 or 
(15) A violation of a requirement of administrative release when requested by the 
attorney for the State; and 
Sec. 9. 17 .. ,A MRS A §32, as enacted byPL 1981, c. 324, §14, is amended to read: 
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§32. Elements of crimes defined 
NB A person may not be convicted of a crime unless each element of the crime is 
proved by the State beyond a reasonable doubt. "Element of the crime" means the 
forbidden conduct; the attendant circumstances specified in the definition of the crime; 
the intention, knowledge, recklessness or negligence as may be required; and any 
required result. 
Sec. 10. 17-A MRSA §101, sub-§3, as amended by PL 1999, c. 358, §1, IS 
further amended to read: 
3. 
Conduct that is justifiable under this chapter constitutes a defense to any crime; 
provided except that, if a person is justified in using force against another, but the person 
recklessly injures or creates a risk of injury to 3rd persons, the justification afforded by 
this chapter is unavailable in a prosecution for such recklessness. If a defense provided 
under this chapter is precluded solely because the requirement that the person's belief be 
reasonable has not been met, the person may be convicted only of a crime for which 
recklessness or criminal negligence suffices, and then, only if holding the belief, when 
viewed in light of the nature and purpose of the person's conduct and the circumstances 
knov. n to the person. is grossly deviant from what a reasonable and prudent person would 
believe in the same situation. 
Sec. 11. 
17-A MRSA §351, as amended by PL 1981, c. 317, §7, IS further 
amended to read: 
§351. Consolidation 
Conduct denominated theft in this chapter constitutes a single crime embracing the 
separate crimes such as those heretofore known as larceny, larceny by trick, larceny by 
bailee. embezzlement, false pretenses, extortion, blackmail, shoplifting and receiving 
stolen property. An accusation of theft may be proved by evidence that it was committed 
in any manner that would be theft under this chapter, notwithstanding the specification of 
a ditTerent manner in the complaint. information or indictment, subject only to the power 
of the court to ensure a fair trial by granting a continuance or other appropriate relief if 
the conduct of the defense would be prejudiced by lack of fair notice or by surprise. If the 
evidence is sufficient to pem1it a finding of guilt of theft in more than one manner, no 
election among those manners is required. 
Sec. 12. 17-A MRSA §355, sub-§l, as amended by PL 2001, c. 383, §37 and 
affected by § 156, is further amended to read: 
1. 
A person is guilty of theft if the person obtains or exercises control over the 
propert)' of another as a result of extortion and with intent to deprive the other person of 
the property.~ 
A. The person obtains or exercises control over the property of another as a result of 
extortion and with intent to deprive the other person of the property. Violation of this 
paragraph is a Class C crime; or 
B. The person violates paragraph A and the value of the property is more than 
$10,000. Violation of this paragraph is a Class B crime. 
Sec. 13. 17-A MRS A §355, sub-§3, as enacted by PL 2001, c. 383, §39 and 
affected by § 156, is repealed. 
Sec. 14. 17-A MRS A §908, sub-§l, ~I, as enacted by PL 2001, c. 383, §ll0 and 
affected by § 156, is amended to read: 
I. Violates paragraph D and the person has 2 or more prior ~ 
convictions ffiF 
violation of under this section or for engaging in substantially similar conduct to that 
contained in this section in another jurisdiction. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this paragraph is a Class C 
crime; ef 
Sec. 15. 17-A MRSA §908, sub-§I, ~J, as enacted by PL 2001, c. 383, §l1O and 
affected by § 156, is amended to read: 
J. Violates paragraph E and the person has 2 or more prior ~ 
convictions ffiF 
yiolation of under this section or for engaging in substantially similar conduct to that 
contained in this section in another jurisdiction. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this paragraph is a Class C 
crime~~ 
Sec. 16. 17-A MRS A §908, sub-§I, ~K is enacted to read: 
K. Violates paragraph A and, as a result of the fraud, the victim in fact suffers a 
pecuniary loss of more than $10,000. Violation of this paragraph is a Class B crime; 
Sec. 17. 17-A MRSA §908, sub-§l, ~L is enacted to read: 
L. Violates paragraph A and, as a result of the fraud, the victim in fact suffers a 
pecuniary loss of more than $1,000 but not more than $10,000. Violation of this 
paragraph is a Class C crime; 
Sec. 18. 17-A MRS A §908, sub-§I, ~ 
is enacted to read: 
M. Violates paragraph B and, as a result of the fraud, the victim in fact suffers a 
pecuniary loss of more than $10,000. Violation of this paragraph is a Class B crime; 
Sec. 19. 17-A MRSA §908, sub-§l, ~ 
is enacted to read: 
N. Violates paragraph B and, as a result of the fraud, the victim in fact suffers a 
pecuniary loss of more than $1,000 but not more than $10,000. Violation of this 
paragraph is a Class C crime; 
Sec. 20. 17-A MRS A §908, sub-§I, ~O is enacted to read: 
O. Violates paragraph C and, as a result of the fraud, the victim in fact suffers a 
pecuniary loss of more than $10,000. Violation of this paragraph is a Class B crime; 
Sec. 21. 17-A MRSA §908, sub-§l, ~p is enacted to read: 
• 
P. Violates paragraph C and, as a result of the fraud, the victim in fact suffers a 
pecuniary loss of more than $1,000 but not more than $10,000. Violation of this 
paragraph is a Class C crime; 
Sec. 22. 17-A MRS A §908, sub-§l, ~Q is enacted to read: 
Q. Violates paragraph D and, as a result of the fraud, the victim in fact suffers a 
pecuniary loss of more than $10,000. Violation of this paragraph is a Class B crime; 
or 
Sec. 23. 17-A MRSA §908, sub-§l, ~ 
is enacted to read: 
R. Violates paragraph D and, as a result of the fraud, the victim in fact suffers a 
pecuniary loss of more than $1,000 but not more than $10,000. Violation of this 
paragraph is a Class C crime. 
Sec. 24. 
17-A MRS A §908, sub-§2, as enacted by PL 1995, c. 681, § 1, IS 
repealed. 
Sec. 25. 17-A MRSA §1176, as enacted by PL 2005, c. 389, § 1, is repealed and 
the following enacted in its place: 
§ 1176. Confidentiality of victim records 
1. General rule of confidentiality. Records that pertain to a victim's current address 
or location or that contain information from which a victim's current address or location 
could be determined must be kept confidential, subject to disclosure only as authorized in 
this section. 
2. Disclosure to law enforcement or victim services agencies. Records that pertain 
to a victim's current address or location or that contain information from which a victim's 
current address or location could be determined may be disclosed only to: 
A. A state agency if necessary to carry out the statutory duties of that agency; 
B. A criminal justice agency if necessary to carry out the administration of criminal 
justice or the administration of juvenile justice; 
C. A victims' service agency with a written agreement with a criminal justice agency 
to provide services as a victim advocate; or 
D. A person or agency upon request of the victim. 
3. 
Limited disclosure as part of court order or bail condition. 
A bail 
commissioner, judge, justice, court clerk, law enforcement officer or attorney for the 
State may disclose a victim's current address or location to the defendant or accused 
person, or the attorney or authorized agent of the defendant or accused person, as part of a 
bail condition or court order restricting contact with the victim, only when it is clear that 
the defendant already knows the victim's current address or location, or when the victim 
requests that such bail condition or court order be issued and the victim requests that the 
current address or location be specified. 
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4. Limited disclosure pursuant to discovery. Notwithstanding the provisions of 
the Maine Rules of Criminal Procedure, Rule 16, an attorney for the State may withhold 
the current address or location of a victim from a defendant, or the attorney or authorized 
agent of the defendant, if the attorney for the State has a good faith belief that such 
disclosure may compromise the safety of the victim. 
5. Disclosure of victim's request for notice prohibited. In no casc mav a victim's 
request for notice of release of a defendant be disclosed except to those emplovees of the 
agencv to which the defendant is committed and the office of the attorney for the State 
with which the request was filed in order for those employees to perform their official 
duties. 
Sec. 26. 17-A MRS A §1201, sub-§l, ~A-l, as amended by PL 2005, c. 265, S7, 
is further amended to read: 
A-I. The conviction is for a Class D or Class E crime other than: 
(1) A Class D or Class E crime relative to which, based UPOll both the written 
agreement of the parties and a court finding. the f~1Cts and circumstances of the 
underlying criminal episode giving rise to the conviction generated probable 
cause to believe the defendant had committed a Class A, Class B or Class C 
crime in the eourse of that criminal episode and, as agreed upon in writing by the 
parties and found by the court, the defendant has no prior comiction for murder 
or for a Class A, Class B or Class C crime and has not been placed on probation 
pursuant to this subparagraph on any prior occasion; 
(2) A Class D crime committed against a family or household member under 
chapter 9 or 13 or section 506-B, 554, 555 or 758. As used in this subparagraph, 
"family or household member" has the same meaning as in Title 19-A, section 
4002, subsection 4; 
(3) A Class D or Class E crime in chapter 11 or 12; 
(4) A Class D crime under section 21 O-A; 
(4-A) A Class E crime under section 551; 
(5) 
A Class D or Class E crime under section 556, section 854, excluding 
subsection I, paragraph A, subparagraph (I), or section 855; 
(6) A Class D crime in chapter 45 relating to a schedule W drug; or 
(7) A Class D or Class E crime under Title 29-A, section 2411, subsection I-A, 
paragraph B. 
Sec. 27. 17-A MRSA §1202, sub-§l-A, ~A-l, as enacted by PL 2003, c. 711, 
Pt. A, § 12, is amended to read: 
A-I. If the State pleads and proves that the person was convicted of committing 
against a family or household member a crime under chapter 9 or 13 or section 554 or 
if the person was convicted under chapter 11 or 12 or section 556, the period of 
probation may not exceed: 
(1) Six years for a Class A crime; or 
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(2) Four years for a Class B or Class C crime. 
As used in this paragraph, "family or household member" has the same meaning as in 
Title 19-A, section 4002, subsection 4; aHEl 
Sec. 28. 17-A MRSA §1202, sub-§l-A,,n is enacted to read: 
D. The period of probation for a person sentenced for the crime of nonsupport of 
dependents under section 552 is as provided under section 552, subsection 4. 
SUMMARY 
This bill IS proposed by the Criminal Law Advisory Commission and does the 
following. 
The bill repeals Title 14, section 3141, subsection 2 because experience has 
1 
demonstrated that mandatory notice at the time of the defendant's initial appearance is 
ineffective in securing fine payment in full at the time of sentence imposition. Second, it 
adds a requirement in section 3141, subsection 4 that the order issued by the court include 
a clear directive to the defendant that the defendant has a legal duty to move the court for 
a modification of time or method of payment to avoid a default. 
The bill enacts the Maine Revised Statutes, Title 15, section 103-A, which directs 
that in the event a person who is found not criminally responsible by reason of insanity or 
is the recipient of a negotiated insanity plea as to a Maine crime is subject to an 
undischarged straight term of imprisonment or an unsuspended portion of a split sentence 
for a different Maine crime, the person must serve the undischarged term of 
imprisonment or the unsuspended portion of the split sentence before commencing the 
commitment to the Commissioner of Health and Human Services ordered by the court 
pursuant to section 103. 
Once having fully served the term of imprisonment or 
unsuspended portion of a split sentence, the person must commence the commitment 
ordered notwithstanding being on conditional release. 
Title 15, section 1 03-A also directs that in the event a person who has entered into the 
custody of the Commissioner of Health and Human Services pursuant to a commitment 
order either violates a condition ofrelease and new institutional confinement is ordered or 
cornmits a Maine crime for which the person is subsequently convicted and the sentence 
imposed includes a straight term of imprisonment or a split sentence, the person must be 
placed in execution of that punishment and custody pursuant to the commitment order is 
automatically intem.lpted. In the event execution of that punishment is stayed pending 
appeal, the conunitment will be automatically interrupted once that stay terminates and 
the person is placed in execution of the punishment. The commitment will be resumed 
when the new institutional confinement ordered or the straight term of imprisonment or 
the unsuspended portion of the split sentence imposed has been fully served. 
Title 15, section 103-A directs that, while a person is imprisoned in execution of the 
punishment described in section 103-A, the county jailor state facility in which the 
person is incarcerated must provide the necessary mental health treatment required under 
law, including, when appropriate, seeking involuntary psychiatric hospitalization. 
The bill conditions the present duty of prosecutors to infonn law enforcement officers 
of the details of certain plea agreements reached before submitting that plea to the court 
on such notice being practicable. The bill adds Title 17 -A, chapter 12 crimes to those 
triggering notice to law enforcement officers and, with respect to victim notification, it 
removes an incorrect reference to Title 17-A, section 1173 and replaces it with reference 
to Title 17 -A, section 1172, subsection 1, paragraphs A and B. 
The bill adds the Class A crimes of aggravated attempted murder and elevated 
aggravated assault on a pregnant person to the juvenile crimes for which the juvenile has 
the burden of proof with respect to the finding of appropriateness required by the "bind 
over" statute. 
The bill amends Title 15, sections 3304 and 3314-B by replacing an outdated 
reference to Rule 42 of the Maine Rules of Criminal Procedure with a reference to Rule 
of the Maine Rules of Civil Procedure. 
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The bill allows 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 to do so by the attorney for the 
State. 
The bill amends Title 17 -A, section 32 to indicate that it is the State's burden to prove 
each element of the crime charged beyond a reasonable doubt. 
The bill eliminates the current precondition for a conviction for a crime for which 
recklessness or criminal negligence suffices that the State, in addition to proving beyond 
a reasonable doubt that the person's belief is unreasonable, prove beyond a reasonable 
doubt that the person's holding of that belief "when viewed in light of the nature and 
purpose of the person's conduct and the circumstances known to the person, is grossly 
deviant from what a reasonable and prudent person would believe in the same situation." 
The bill adds for purposes of completeness in Title 17-A, section 351 a reference to a 
"complaint" in the second sentence. 
The bill elevates the crime of theft by extortion to a Class B crime if the value of the 
property stolen is more than $10,000. 
The bill adds to the 4 basic Class D fonns of home repair fraud 2 aggravated fornls of 
each based on the pecuniary loss suffered by the victim as a result of the fraud. If the loss 
is more than $10,000, the basic crime is elevated to Class B. If the loss is more than 
$1,000 but not more than $10,000, the basic crime is elevated to Class C. 
The bill removes the current directive in Title 17-A, section 908, subsection 2 that the 
trial court rather than the jury determine the materiality question. Since whether a fact 
relating to the tenns of the agreement or contract is material is an element of the crime of 
home repair fraud, a defendant has the constitutional right to have the jury rather than the 
trial court determine the question of materiality. 
The bill clarifies the requirement that a victim's address be kept confidential. It 
provides a general rule of confidentiality. It allows victim address infonnation to be 
disclosed to state, criminal justice, juvenile justice and victim services agencies in limited 
circumstances and to other persons or agencies upon request of the victim. It allows 
criminal justice personnel and the court to disclose such information upon victim request 
as part of a court order restricting contact with the victim, or when the defendant already 
knows that victim's current address or location. It allows an attorney for the State to 
withhold such information upon a good faith belief that disclosure may compromise 
victim safety. It prohibits disclosure of a victim request for notice of the defendant's 
release except as required to carry out the request. The bill protects the confidentiality of 
victim information but does not prevent access to the information required for the 
administration of the criminal justice system, juvenile justice system or provision of 
victim services. 
The bill allows a person convicted of nonsupport of dependents to be placed on 
probation under the supervision of the Department of Health and Human Services for a 
period extending to the time when the youngest dependent attains 18 years of age. 
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