An Act To Allow Community Service in Lieu of Fines
Maine Legislature, Session 123, LD 1938
Committee Amendment CA_A_H736 (House)
Amends: 17-A MRSA §1304

COMMITTEE AMENDMENT" If" to H.P. 1372, L.D. 1938, Bill, "An Act To 
Allow Community Service in Lieu of Fines" 
Amend the bill by striking out all of sections I, 2 and 3 (page L lines 2 to 37 and 
·Sec. 1. 17-A MRSA §1304, sub-§3, ~A, as enacted by PL 1999, c. 367, §5, is 
repealed and the following enacted in its place: 
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 pavment of the 
fine for each day of confinement that the offender is in custodv, 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; or 
(2) If the unexcused default relates to a fine imposed for a Class D or Class E 
crime, as authorized by chapter 53, order the offender to perform community 
service work until all or a specified part of the fine is paid. The number of hours 
of community service work must be specified in the court's order and may not 
exceed 8 hours for every $25 of unpaid fine or one hundred 8-hour days, 
whichever is shorter. An offender ordered to perfonn community service work 
pursuant to this subparagraph is given credit toward the payment of the fine for 
COMMITTEE AMENDMENT 
(~ .. ,. 
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IS 
COMMITTEE AMENDMENT .. f1 .. to H.P. 1372, L.D. 1938 
each 8-hour day of community service work performed at the rate specified in the 
court's order. The offender is also given credit toward the payment of the fine for 
each day that the offender is detained as a result of an arrest warrant issued 
pursuant to this section at a rate specified in the court's order that is not less than 
$5 of unpaid fine per dav of confinement. An offender is responsible for paying 
any fine remaining after receiving credit for any detention and for community 
service work performed. A default on the remaining fine is also governed by this 
section.' 
Amend the bill by striking out all of section 6 (page 2, lines 17 to 26 in L.D.) and 
inserting the following: 
'17-A MRSA §1304, sub-§4, as repealed and replaced by PL 1999, c. 367, §5, is 
amended to read: 
4. 
Upon any default, execution may be levied and other measures authorized for the 
collection of unpaid civil judgments may be taken to collect the unpaid fine. A levy of 
execution does not discharge an offender confined to a county jail or performing 
community service work under subsection 3 for unexcused default until the full amount 
of the fine has been collected.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes provisions in the bill that allow courts to change sentencing 
alternatives upon a default of a fine payment. Instead the amendment specifies that if the 
court finds that a default was unexcused, in addition to the option of committing the 
offender to the custody of the sheriff until all or a specified part of the fine is paid as 
provided by current law, the court may instead, if the unexcused default relates to a fine 
imposed for a Class D or Class E crime, order the offender to perform community service 
work until all or a specified part of the fine is paid. The number of hours of community 
service work must be specified in the court's order and may not exceed 8 hours for every 
$25 of unpaid fine or one hundred 8-hour days, whichever is shorter. 
An offender 
ordered to perform community service work is given credit toward the payment of the 
fine for each 8-hour day of community service work performed at the rate specified in the 
court's order. The offender is also given credit toward the payment of the fine for each 
day that the offender is detained as a result of an arrest warrant issued in connection with 
a default, at a rate specified in the court's order that is not less than $5 of unpaid fine per 
day of confinement. 
An offender is responsible for paying any fine remaining after 
receiving credit for any detention and for community service work performed. A default 
on the remaining fine is also governed by this provision. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/27/08 Mac:.. 
LD 1938 
LR 3239(02) 
An Act To Allow Community Service in Lieu of Fines 
Fiscal Note for Bill as Amended by Committee Amendment "H " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
This legislation provides the court with provisions that apply only if failure to pay fines by offenders is determined to 
be "unexcused". This "unexcused" determination allows the fine to be worked off through community service as well 
as authorizing credit for confinement and detention. It is assumed that this legislation will result in a minor decrease 
in revenue collections by the Judicial Department. 
LR3239(02) - Fiscal Note - Page I of I