An Act To Protect Community Safety by Amending Maine's Bail Code
Maine Legislature, Session 123, LD 0514
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, MITCHELL, CANAVAN, MARRACHE, BRY ANT, CLARK, FLETCHER, GERZOFSKY, HANLEY, HASKELL, HILL, MAREAN, MOORE, PLUMMER, SYKES, TRINW ARD
Amends: 15 MRSA §1026

Legislative Document 
No. 514 
S.P.169 
February 2, 2007 
An Act To Protect Community Safety by Amending Maine's Bail 
Code 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator DIAMOND of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator MITCHELL of Kennebec, Representative CANAVAN of Waterville 
and Senators: MARRACHE of Kennebec, McCORMICK of Kennebec, Representatives: 
BRY ANT of Windham, CLARK of Millinocket, FLETCHER of Winslow, GERZOFSKY of 
Brunswick, HANLEY of Gardiner, HASKELL of Portland, HILL of York, MAREAN of 
Hollis, MOORE of Standish, PLUMMER of Windham, SYKES of Harrison, TRINW ARD of 
Waterville. 
. 
PrinteJ nil ft'l:ydeJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRS A §1026, sub-§I, ~A, as amended by PL 1997, c. 543, §7, is 
further amended to read: 
A. 
On personal recognizance or upon execution of an unsecured appearance bond 
under subsection ~ 2-A; 
Sec.2. 15 MRS A §1026, sub-§2, as amended by PL 2001, c. 252, § 1, is repealed. 
Sec.3. 15 MRSA §1026, sub-§2-A is enacted to read: 
2-A. Release on personal recognizance or unsecured appearance bond. The 
judicial officer shall order the pretrial release of the defendant on personal recognizance 
or upon execution of an unsecured appearance bond in an amount specified by the 
judicial officer, unless, after consideration ofthe factors listed in subsection 4, the judicial 
officer determines that: 
A. The release would not reasonably ensure the appearance of the defendant as 
required; 
B. The release would not reasonably ensure the integrity of the judicial process; or 
C. The release would compromise the safety of the community. 
Sec. 4. 15 MRSA §1026, sub-§3, ~A, as amended by PL 2005, c. 449, § 1, is 
further amended to read: 
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 as required eF, will not otherwise reasonably ensure 
the integrity of the judicial process or will compromise the safety of 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 as required am:i, 
will otherwise reasonably ensure the integrity of the judicial process and will not 
compromise the safety of 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 00tlt the appearance of the defendant as required am:i, the 
integrity of the judicial process and the safety of 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 notify immediately the judicial officer of any violation of release 
by the defendant; 
Page I - 123LR0039(OI)-1 
(2) Maintain employment or, if unemployed, actively seek employment; 
(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, upon failing to appear as required, such 
designated property, including money, as is reasonably necessary to ensure the 
appearance of the defendant as required and to ensure the integrity of the judicial 
process and post with an appropriate court such evidence of ownership of the 
property or such percentage of the 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 as required and to ensure the integrity 
of the judicial process; 
(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 summoned for new criminal conduct; 
and 
(18) 
Satisfy any other condition that is reasonably necessary to ensure the 
appearance of the defendant as required and to otherwise reasonably ensure the 
integrity of the judicial process. 
Sec. 5. 15 MRSA §1026, sub-§5, as amended by PL 1997, c. 543, §7, is further 
amended to read: . 
5. Contents of release order. In a release order issued under subsection 2- 2-A or 3, 
the judicial officer shall: 
A. 
Include a written statement that sets forth all the conditions to which the release 
is subject in a manner sufficiently clear and specific to serve as a guide for the 
defendant's conduct; and 
B. 
Advise the defendant of: 
(1) The penalties if the defendant fails to appear as required; and 
(2) The penalties for and consequences of violating a condition of release, 
including the immediate issuance of a warrant for the defendant's arrest. 
SUMMARY 
This bill adds to the factors that a judicial officer must consider before allowing the 
pretrial release of a defendant on personal recognizance or an unsecured appearance bond 
the determination that the defendant's release will not compromise the safety of the 
community.