An Act Containing the Recommendations of the Criminal Law Advisory Commission
Maine Legislature, Session 124, LD 1789
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §283, 17-A MRSA §284, 17-A MRSA §756, 17-A MRSA §757, 17-A MRSA §1177, 17-A MRSA §1202, 17-A MRSA §1204, 17-A MRSA §1304, 17-A MRSA §1326-A, 17-A MRSA §1326-B, 17-A MRSA §1326-F

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
Legislative Document 
No. 1789 
H.P: 1277 
House of Representatives, February 22,2010 
An Act Containing the Recommendations of the Criminal Law 
Advisory Commission 
Reported by Representative HASKELL of Portland for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, sectiop 1354, subsection 2. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218.· 
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Prinh:d lin rrcydl.!d pilpL'r 
. 7Y/~/J7.1l!ac~{· 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
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Sec.!. 15 MRS A §3314, sub-§I, 'lIE, as amend~d by PL 2005, c. 507, § 1 0, is 
further amended to read: 
E. The co1111 may require the'juvenile to make restitution for any damage to the 
victim or other authorized claimant as compensation for economic loss upon 
reasonable conditions that the court determines appropriate. For the purposes of this 
paragraph, the definitions in Title 17 A, section 1322 and the provisions of Title 
17-A, sections 1324, 132'6 B, 1326 E, 1328 A and 1329 chapter 54 apply, except that 
section 1329, subsection 3,paragraph A does not apply. Enforcement of restitution 
order is available pursuant to subsection 7. 
If the restitution was a condition of 
probation, the attorney for the State may with written consent of the juvenile 
community corrections officer, file a motion to revoke probation. 
Sec. 2. 15 MRS A §3314, sub-§7, as amended by PL 2007, c. 536, §3, is further' 
14. 
amended to read: 
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7. Enforcement of a dispositional order or order to appear. After notice and 
hearing and in accordance with the Maine Rules of Civil Procedure, Rule 66, the court 
may exercise its inherent contempt power by way of a plenary contempt proceeding 
involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, to 
enforce the disposition ordered following an adjudiCation for a juvenile crime or to 
enforce any order requiring the appearance of a juvenile before the court. 
Any 
confinement imposed as a punitive or remedial sanction upon a person who has not 
attained 18 years of age may not exceed 30 days and must be served in a facility 
approved or operated by the Department of Corrections exclusively for juveniles. Any. 
confinement imposed as a punitive or remedial sanction upon a person who has attained 
years of age, if to be .served in a facility approved or operated by the Department of 
Corrections exclusively for juveniles, may not exceed 30 days. 
To enforce the 
disposition ordered following an adjudieation for a juvenile crime defined in section 
3103, subsection I, paragraph B or C upon a person who has not attained 18 years of age, 
the court shall, at the time of the disposition, provide written notice to the juvenile of the 
court's authority to enforce the dispositional order through an exercise of its inherent 
contempt power and that a contempt order could include an order of confinement for up 
to 30 days as a punitive sanction and for up to 30 days as a remedial sanction. Except as 
explicitly set out in this subsection, nothing in this subsection affects the court's ability to 
exercise its contempt powers for persons who have attained 18 years of age. 
In addition to the contempt powers described in this subsection, upon a default in 
payment of a fine or restitution, execution may be levied and other measures authorized 
for the collection of unpaid civil judgments may be taken to collect the unpaid fine or 
restitution. A leyy of execution does not discharge a juvenile confined as a punitive 
sanction and does not discharge a juvenile confined as a remedial sanction until the filII 
amount of the fine or restitution has been paid. 
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Sec. 3. 17-A MRSA §283, sub-§3 is enaCted to read: 
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3. For purposes of this section, any element of age of the person depicted means the 
age of the person at the time the sexually explicit conduct occurred, not the age of the 
person depicted at the time of dissemination or possession of the sexually explicit visual 
image -or material. 
Sec. 4. 17-A MRSA §284, sub-§5 is enacted to read: 
5. For purposes of this section, any element of age of the person depicted means the 
age of the person at the time the sexually explicit conduct occurred, not the age of the . 
person depicted at the time of dissemination or possession of the sexually explicit visual 
image or material. 
Sec. 5. 17-A MRSA §756, as amended by PL 2009, c. 142, §4, is further amended 
to read: 
§756. Aiding escape 
1. 
A person is guilty of aiding escape if, with the intent to aid anoth~r person to 
violate section 755: 
A. 
The aetef person conveys or attempts to convey to the other person any 
contraband tool or other thingthat may be used to facilitate a violation of section 755. 
Violation of this paragraph is a Class Ccrime; 
. A-I. The aetef person ~onveys or attempts to convey to the other person contraband 
that includes a dangerous weapon. VIolation of this paragraph is a Class 8 crime; 
B. The aetef person furnishes plans, information or other .assistance to the other 
person. Violation of this paragraph isa Class C crime; or 
C. The aetef person whose official duties include maintaining persons in official 
custody, as defined in section 755, subsection 3, permits sllch violation or an attempt 
at such violation. Violation of this paragraph is a Class C crime. 
~ As used In this section, "contraband" means a dangerous weapon, any tool or 
other thing that may be used to facilitate a violation of section 755, any thing that a 
person is prohibited by statute from making, possessing or trafficldng in or a scheduled 
drug.as defined in section 1101, subsection 11, unless the drug was validly prescribed to 
the person in official custody and was approved for use by the person pursuant to the 
orocedures of the custodial aflencv. 
4. 
A person may not be indicted or charged in an information with both a violation 
of this section and as all accolllplice to a violation of section 755. 
Sec. 6. 17-A MRSA §757, sub-§2, as repealed and replaced by PL 1977, c. 510, 
§65, is amended to read: 
2. 
As used in this seetion, "official custody" has the same meaning as in section 
755. As lIsed in this section, "contraband" has the same meaning as in section 756 means 
a dangerous weapon or anything that a person confine~in official custody is prohibited. 
by statute from making, possessing or' trafficking in or a scheduled drug as defined in 
section 1101, subsection 11, unless the drug was validly prescribed to the person in 
official custody and was approved for use by the person pursuant to the procedures of the 
custodial agency. 
Sec. 7. 17-A MRSA §1177 is enacted to read: 
§1177. Certain communiCations by victims confidential 
The foIl owing communications are privileged from disclosure: 
1. Communications bya victim as described in Title 16, section 53-A, subsection 2 
to a sexual assault counselor- as defined in Title 16, section 53-A, subsection 1, paragraph 
B are privileged from disclosure as provided in Title 16, section 53-A, subsection 2. 
2. Communications by a victim as defined in Title 16; section 53-B, subsection 1, 
paragraph B, to an advocate, as defined in Title 16, section 53-B, subsection 1, paragraph 
A, are privileged from disclosure as provided in Title 16, section 53-B, subsection 2. 
.. Communications by a victim as defined in Title 16, section 53-C, subsection 1, 
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paragraph B, to a victim witness advocate or a victim witness coordinator, as defined in 
Title 16, section 53-C, subsection· 1, paragraph C, are privileged from disclosure as 
provided in Title 16, section 53-C, subsection 2. 
Sec. 8. 
17-A MRSA §1202, sub-§l-A, ~A, as repealed 'and replaced by PL 
2003, c. 711, Pt. B, § 14, is amended to read: 
A. If the State pleads and proves that at the time of the crime the victim had not 
attained 12 years of age or, in the case of a crime under sections 283 and 284, the 
victim had not attained 12 years of age at the time the sexuaIly explicit conduct 
occurred, the period of probation for a person convicted under chapter 11 or 12 may 
not exceed: 
(1) Eighteen years for a Class A crime; 
(2) Twelve years for a Class B crime; and 
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(3) Six years for a Class C crime; 
Sec .. 9. 17-A MRSA §1204, sub-§2-A,.~H,asrep'ealed:and;ieplaGedby PL 1977, 
c. 455, §2, is amended to read: 
B. To make restitution pursuant to chapter: 54' to each, victi:rm (irf,' ffffi; 1:he' cOIilMicted, 
person's crime, or to the county where-the offense: is p[Qsec.utecii iif'1!1'l:e' icl'entity of tfu:e 
victim cannot be ascertained or if the vietim voluntariJy' refuses: the: restiitclti:01i1l._ If. the: 
court orders as a condition of probation that tHe' cOBiv.kted person fonfeit aBEl! pax a 
specific amount of restitution,· that order; as a matter of Taw; also. eO)1:sti:t.utes the: 
imposition of restitution pursuant to chapter 54 as' a sentene-il1g a,ttermative and! mo, 
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additional order in this regard is necessary: 
Sec. 10. 17-A MRSA §1304, sub-§l-Aisenactedtoread: 
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l-A. For purposes of this section, if an offender is returned to court pursuant to a 
. warrant, both the court located where the warrant is issued and the court located where 
the warrant is -executed are authorized to conduct the default hearing pursuant to 
subsection 3. 
Sec. 11. 17-A MRS A §1304, sub-§3, GffA, as repealed and replaced by PL 2007, 
c. 517, § 1, is amended to read: 
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 pan: 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: 
(1) Commit the offender to the custodyof 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 coU\1's order. The offender is/also given credit for each day that 
th~ 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 
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(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, as authorized in chapter 54-C, 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 Jor every $25 of unpaid fine or 
one h,undred 8-hour days, whichever is shorter. An offender ordered to perform 
community service work pursuant to this subparagraph is given credit toward the 
payment of the fine for each 8-hourday 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 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 section. 
Sec. 12. 17-A MRSA §1326-A, as amended byPL 2009, c. 94, §3, is further 
amended to read:' 
§1326-A. Time and method of restitution 
When restitution is authorized, and the offender is not committed ,to the Department 
of Corrections aT and does not receive a sentence that includes a period of probation, the 
time and method of payment or of the performance of the services must be specified by 
the court and monetary compensation may be ordered paid to. the office of the prosecuting 
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attorney who is prosecuting the case or t6 the clerk of the court. If the offender is 
committed to the Department of Corrections or receives a sentence that includes a period 
of probation, monetary compensation must be paid to the Department of Corrections and 
the time and method of payment must be determined by the Department of Corrections 
during the term of comm'itment or the period of probation. 
Once any term of 
commitment to the Department of Corrections or period of probation is completed and if 
the restitution ordered has not been paid in full, the offender is subjectto the provisions 
. of section 1326-F and, in the event of a default, the provisions of section 1329, including 
a specification by the court of the time and method of payment of moneta I)' compensation 
upon a finding of excusable default. The state agency receiving the restitution shall 
deposit any money received in the account maintained by the Treasurer of State for 
deposit of state agency funds, from which funds are daily transferred· to an investment 
account and invested. Interest accrued on that money is the property of and accrues to the 
State for deposit in the General Fund. The agency receiving the restitution shall make the 
disbursement to the victim or other authorized claimant as soon .as possible after the 
agency receives the money. 
Sec. 13. 17-A MRSA §1326-B, sub-§1, as enacted by PL 1999, c. 469" § 1, is 
amended to read: 
1. ' When restitution is required of an offender who will not be commencing service 
of a period of institutional confinement, who does not receive a sentence that includes' a 
period of probation and who is employed, the court shall, at the time of ordering 
restitution, enter a separate order for income withholding. When restitution is required of 
an· offender who receives a sentence that includes a period of probation and who is 
employed, upon application of the offender's probation officer, the court shall enter a 
separate order for income withholding. The withholding order must direct the employer 
to deduct -from all income due and payable to the offender an amount required by the 
c-ettrt determined pursuant to section 1326-Ato meet the offender's restitution obligation. 
The withholding order' must include an instruction to the employer that upon receipt of a 
copy of the withholding order the employer shall: 
A. Immediately begin to withhold the offender's income when the offender is usually 
paid; 
B. Send each amount withheld to the agency to which restitution has been ordered to 
be paid at the address set forth in the order within 7 business days of the withholding; 
and 
C. Identify each amount sent to the agency by indi'catingthe court's docket number. 
Sec. 14. 17-A MRSA §1326-F is enacted to read: 
§1326-F. Former Department of Corrections' clients owing restitution 
An offender is responsible for paying any restitution outstanding at the time the term 
of commitment to the Department of Corrections or period of probation is completed. 
Monetary compensation must continue to be paid to the Depmtment of Corrections and, 
unless otherwise modified by the court pursuant to section 1328-A or 1329, the offender 
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shall continue to comply with the time and method of payment detennined by the 
'Department of Corrections during the term of commitment or the period of probation. 
Sec. 15. 17-A MRSA§1329, sub-§6 is enacted to read: 
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6. Payments ordered pursuant to this section must be made to the same agency to 
which the restitution was required to be paid under section 1326-A or section 1326-F. 
SUMMARY 
This bill amends the Maine Juvenile Code to specify that restitution for juvenile 
offenders is the same as restitution for adult offenders under the Maine Revised Statutes, 
TitleI7-A, chapter 54, except that section 1329, the restitution default provision, does not 
apply to juvenile offenders. Although section 1329 does not apply to juveni'le offenders, 
enforcement ofa restitution order imposed in a juvenile case is available pursuant to Title 
15, section 3314, subsection 7, enforcement of a dispositional order. 
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The bill amends the Maine Juvenile Code to provide the court the authority to employ 
upon any default in payment of a fine or restitution the levying of execution or the taking 
of other measures authorized for the collection of unpaid civil judgments to collect the 
unpaid fine or restitution. A levy of execution does not affect confinement ordered as a 
punitive sanction and does not discharge a juvenile confined as a remedial sanction until 
the full amount of the fine or restitution has been paid. The amendment is modeled on 
Title 17-A, section 1304, subsectiuil 4 and Title, 17-A, section 1329, subsection 4. 
The bill amends laws regarding dissemination of sexually explicit material and 
possession of sexually explicit material by clarifying that the age of the person depicted 
means the age of the person at the time the sexually explicit conduct occurred, not the age 
of the person depicted at the time of dissemination or possession of the sexually explicit 
visual image or material. 
The bill clarifies the law regarding the offense of aiding escape by striking the term 
"contraband" from the offense and replacing that tenn with the relevant portion of the 
current definition of "contraband." 
The bill deletes from the law regarding the offense of trafficking in prison contraband 
the current reference to the definition of "co~traband" in Title 17-A, section 756 and 
defines "contraband" in Title 17-A, section757, subsection 2 using .the relevant portion 
that is repealed in 'Title 17-A, section 756, subsection 2. 
The bill enacts Title 17-A, section 1177 in' chapter 48 of the Maine Criminal Code 
addressing victims' rights to provide notice to victims of the existence of Title 16, 
sections 53-A, 53-8 and 53-C, to clarify that certain communications by victims to sexual 
assault counselors, victim advocates, victim witness advocates or victim witness 
coordinators are pdvileged from disclosure. 
The bill specifies that, in the context of dissemination of sexually explicit material, 
and possession of sexually ,explicit material for purposes of determining a period of 
probation, it is not the age of the person depicted at the time of the ,alleged dissemination 
ar passessian af the sexually explicit visual image ar material that the State must plead 
and prave, but rather the age af the victim at the time the sexually explicit canduct 
accurred. 
The bill clarifies that if a caurt arders as a 'canditian af prabation that the canvicted 
persan farfeit and pay a specific amaunt af restitutian, ,that arder, asa matter af law, also. 
canstitutes the impasitian af restitutian as a sentencing alternative and no. additianal 
stand-alane arder in this regard is necessary. 
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The bill gives the caurt where a warrant af arrest is executed the same autharity to. 
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canduct the default hearing as the caurt lacated where the warrant is issued. The caurt 
where a warrant af arrest is executed may exercise its discretian a~ to. whether to. hald the 
hearing ar instead return the affender to. the issuing caurt far that pl;lrpase. 
The bill clarifi,es the statutes cancerning default by adding a reference to. Title 17-A, 
chapter 54-C fallawing the reference to. ~'cammunity service wark." 
The bill amends the provisian regarding time and methad af restitution to. reflect the 
new Title 17-A, sectian 1326-F, which addresses restitutian deducted from judgment in 
civil actian, and Title 17-A, sectian 1329, which 'addresses what happens when a 
' defendant defaults in payment af restitutian. The changes camprehensively address any 
affender who. has campleted any term af cammitment to. the Department af Carrectians 
ar any peri ad af probatian and still has nat paid the restitution ordered by the caurt in full. 
The bill amends the proVISIOn regarding incame withhalding arders to. expressly 
allaw probatian afficers to. apply far incame withhalding arders when an affender awing 
restitution receives a sentence that in~ludes a peri ad af probatian, making this pravisian 
cansistent with the recent amendment to. Title 17-A, sectian 1326-A, which leavesta the, 
Department af Carrectians the determinatian far probatianers of the time and methad af 
restitutian payment. 
The bill enacts a new sectian that camprehensively addresses the situatian in which 
an affender who. has campleted the term af cammitment to. the Department af Carrectians 
ar the periad af probatian still has nat paid the restitutian ardered by the caUli in full. It 
provides natice to. farmer Department af Carrectians' clients still awing restitutian that 
the duty to. pay remains; requires that manetary campensatian cantinue to. be paid to. the 
Department af Carrectians; and requires that, unless atherwise madified by the caUli, the 
' time and methad af payment determined by the Department afCarrectians during the 
, farmer term af cammitment ar peri ad af probatian cantinues to. cantrol. 
The bill amends the statutes cancerning default to. ensure that restitutian payments are 
made to. the same agency to. which the restitutian was required to be paid under Title 17-
A, sectian 1326-A ar 1326-F. 
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