An Act To Provide Increased Protection for Victims of Domestic Violence
Maine Legislature, Session 124, LD 0567
Committee: Criminal Justice and Public Safety
Sponsors: ROSEN, CAMPBELL, DUCHESNE, WALSH INNES, KNAPP, PRATT, SAVIELLO, STRANG BURGESS, SYKES
Amends: 15 MRSA §1026, 17-A MRSA §1204, 17-A MRSA §1301

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 567 
B.P.405 
House of Representatives, February 17, 2009 
An Act To Provide Increased Protection for Victims of Domestic 
Violence 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
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Presented by Representative ROSEN of Bucksp0l1. 
Cosponsored by Senator ROSEN of Hancock and 
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1J1. 7!liLC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAMPBELL of Newfield, DUCHESNE of Hudson, WALSH INNES of 
Yannouth, KNAPP of Gorham, PRATT of Eddington, SAVIELLO of Wilton, STRANG 
BURGESS of Cumberland, SYKES of Harrison. 
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Be it enacted by the,People of the State of Maine as follows: 
Sec. 1. 15 MRSA §1026, sub-§4-A is enacted to read: 
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4-A. Domestic abuse offenses. If a person is charged with an offense under Title· 
17-A, section 207-A, 209-A, 210-B, 210-C or 211-A or Title 19-A, section 4011, the 
court shall order an assessment of the. dangerous'ness of the defendant to identify risk 
factors for a future assault; act of abuse, harassment or violence; violation of bail or 
protective order; or homicide and to recommend appropriate bail conditions to protect the 
safety of the' victim and the administration of justice. Based upon the results of an 
assessment under this· subsection, the court may order as a condition of bail that the 
defendant be placed under electronic monitoring pursuant to Title 34-A, section 5406. 
Sec. 2. 17-A MRSA §1204, sub-§2-B is enacted to read: 
2-B. In addition to the conditions under subsection 2-A, for a person convicted of a 
violation of Title 19-A, section 401l, the court shall order electronic monitoring under 
Title 34-A, section 5406. 
Sec. 3. 17-A MRSA §1301, sub-§7 is enacted to read: 
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7. In addition to any other authorized sentencing alternative, the court shall impose a 
minimum fme of $200, none of which may be suspended, for a person convicted of a 
crime under section 207-A, 209-A, 21O-B, 210-C or 211-A or Title 19-A, section 4011. 
The proceeds from a fine imposed under this subsection must be paid to the Electronic 
Monitoring Fund·under Title 34-A, section 5406, subsection 6. 
Sec. 4. 34-A MRS A §5406 is enacted to read: 
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§5406. Electronic Monitoring Program 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Fund" means the Electronic :Monitoring Fund established under subsection 6. 
B. "Participant" means a client under order to participate in the program from a court . 
under Title 15, seCtion 1026, subsection 4-A or Title 17-A, section 1204, subsection 
2-B. 
C. 
"Program", means the· Electronic Monitoring Program established under this 
section. 
2. Administration. The commissioner shall develop standards for and administer . 
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the Electronic Monitoring Program .. The commissioner shall execute the program with 
monitors who are field probation and parole officers or personnel ora law enforcement 
agency, county jail, department facility or judicial. agency or other officials determined 
qualified by the commissioner. 
3. Conditions of participation. A participant must wear a tamper-proof anldet or 
bracelet under subsection 5 and follow all conditions of bail or probation including any 
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contact restriction and all requirements of the program under subsection 4, including 
staying in contact with the program and responding to all program communications. 
4. Program requirements. The commissioner shall establish. an exclusion zone 
creating an area surrounding the victim in which the participant may not enter based upon 
the contact restrictions in the court order under Title 15, section 1026, subsection 4-A or 
Title 17-A, section 1204, subsection 2-B .. The commissioner may establish other 
forbidden areas or restrictions on the participant's movements that reasonably ensure the 
safety of the victim. 
5. Best technology. The program must use the best available global positioning 
techll'llogy to track a participant under subsection 3. This technology must be a tamper-
proof anklet or bracelet that: 
A. Irrimediately notifies the program of a breach by ihe participant of an exclusion 
zone boundary; 
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B. Promptly notifies the victim of a breach by the participant of an exclusion zone 
boundary; 
C. 
Allows the program monitor to speak· to the participant through a 
telecommunication device implanted in the anklet orbracelet; and 
D. 
Has a loud alarm that can be activated to warn the victim of the offender's 
presence in an exclusion zone or forbidden area under subsection4. 
. 6. Electronic Monitoring Fund. The Electronic Monitoring Fund is established as 
an interest-bearing account to pay for reasonable expenses of the commissioner in the 
administration of this section. All fees collected pursuant to this chapter as well as 
income from any other source directed to the fund must be deposited into the fund. All 
interest earned by the fund becomes part of the fund. Any balance remainin'g in the fund 
at the end of the fiscal year does not lapse but is carried forward into subsequent fiscal 
years. After covering reasonable expenses for the administration of tillS section, the 
commissioner may use proceeds of the fund for the purchase of equipment or for the 
training or payment of personnel of any law enforcement agency, county jail, department 
facility or judicial agency or any other person to carry out the purposes of this section. 
.. Rules. The commissioner may adopt rules to carry out the purposes of this 
section. Rules adopted pursuant to this subsection are routine technical rules. as defmed 
in Title 5, chapter 375, subchapter-2-A. 
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SUMMARY· 
TIllS bill: 
1. Requires a persdncharged with a domestic violence crime or violation of a 
protective order to undergo a dangerousness assessment; 
2. Allows a court to order as a condition of bail that a person charged with a domestio 
violence crime or a violation of a protective order wear an electrOlllc monitoring device; 
3. Requires a court to order as a condition of probation that a person convicted Of a 
violation of a protective order wear an electronic monitoring device; 
4.' Sets a minimum fme of $200 for any. person convicted of a domestic violence 
crime or violation of a protective order to be paid to the Electronic Monitoring Fund; 
5. Establishes the Electronic Monitoring Program under the Department of 
Corrections that requires a participant to wear a global positioning anklet or .bracelet that 
alerts the program and the victim if the participant is violating restricted area boundaries; 
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and 
6. Establishes the Electronic Monitoring Fund, whjch uses the proceeds of fmes from 
. domestic violence and protective order offenders to help pay the expenses of the 
Electronic Monitoring Program. 
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