An Act To Improve the Service of Protection from Harassment and Protection from Abuse Orders and the Collection of Restitution by the Department of Corrections
Maine Legislature, Session 124, LD 0483
Committee: Criminal Justice and Public Safety
Sponsors: HASKELL, BURNS, LAJOIE, PLUMMER, SYKES, DAVIS
Amends: 5 MRSA §4654, 17-A MRSA §1326-A, 17-A MRSA §1328-A, 19-A MRSA §4006

Legislative Document 
No. 483 
H.P.345 
House of Representatives, February 10, 2009 
An Act To Improve the Service of Protection from Harassment and 
Protection from Abuse Orders and the Collection of Restitution by 
the Department of Corrections 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative HASKELL of Portland. 
'I11d~ 1/1. 7l!ac~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BURNS of Whiting, LAJOIE of Lewiston, PLUMMER of 
Windham, SYKES of HaITison, Senator: DAVIS of Cumberland., 
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Printed 011 rccycled p'lper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §4654, sub-§5, as amended by PL 2003, c. 658, §7, is further 
amended to read: 
5. Service of order. If the court issues a temporary order or orders emergency or 
interim relief, the court shall order a law enforcement agency or, if the defendant is 
present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, 
subsection 15 or, if the defendant is in the custody of the Department of Corrections, the 
Department of Corrections to serve the defendant personally with the order, the complaint 
and the summons. The court shall cause the order to be delivered to the law enforcement 
agency, the court security officer or the correctional facility in which the defendant is 
incarcerated as soon as practicable following the issuance of the order, and the law 
enforcement agency, court security officer or correctional facility shall make a good faith 
effort to serve process expeditiously. 
Sec. 2. 17-A MRSA §1326-A, as enacted by PL 1999, c. 469, § 1, is 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 or· placed on probation, the time and method of payment or of the 
performance of the services must be specified. E)wept ' .. ,>,hen the offender is placed on 
probation, by the court and monetary compensation may be ordered paid to the office of 
the prosecuting attorney who is prosecuting the case or to the clerk of the court. If the 
offender is committed to the Department of Corrections or placed on probation, tfle 
monetary compensation may must be ordered 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 commitment 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 subject to the provisions 
of section 1329, including a specification by the court of the time and method of payment 
of monetary 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. 3. 17-A MRSA §1328-A, as enacted by PL 1997, c. 413, §5, is amended to 
read: 
§1328-A. Modification of restitution 
A convicted person who can not make restitution payments in the manner ordered by 
the court or determined by the Department of Corrections pursuant to section 1326-A 
shall move the court for a modification of the time or method of payment or service to 
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avoid a default. 
The cc)Urt may modiry its prior order or the determination of the 
Department of Corrections to reduce the amount of each installment or to allow 
additional time for payment or service. 
Sec. 4. 19-A MRSA §4006, sub-§6, as amended by PL 2001, c. 134, §5, is 
further amended to read: 
6. Service of order. If the court issues a temporary order or orders emergency or 
interim relief, the COUIt shall order an appropriate law enforcement agency or, if the 
defendant is present in the courthouse, a court security officer qualified pursuant to Title 
4, section 17, subsection 15 or, if the defendant is in the custody of the Depaltment of 
Corrections, the Department of Corrections to serve the defendant personally with the 
order, the complaint and the summons. The court shall cause the order to be delivered to 
the law enforcement agency eF~ court security officer or the correctional facility in which 
the defendant is incarcerated as soon as practicable following the issuance of the order 
and the law enforcement agency eF~ COUIt security officer or correctional facility shall 
make a good faith effOit to serve process expeditiously. 
SUMMARY 
This bill permits the Department of COiTections to serve protection from harassment 
and protection from abuse orders on defendants incarcerated in its facilities. The bill also 
clarifies that victim restitution must be paid through the Department of Corrections when 
it is owed by a client of the depaJtment and requires that the department determine the 
time and method of payment while the defendant is a departmental client, with a 
defendant having recourse to the COUIt to avoid a default.