An Act Containing the Recommendations of the Criminal Law Advisory Commission
Maine Legislature, Session 124, LD 1789
Committee Amendment CA_A_H742 (House)
Amends: 17-A MRSA §1326-F

COMMITTEE AMENDMENT" II" to H.P. 1277, L.D. 1789, Bill, "An Act 
Containing the Recommendations of the Criminal Law Advisory Commission" 
Amend the bill in section 7 in § 1177 in subsection 2 in the last line (page 3, line 14 in 
L.D.) by inserting after the following: "subsection 2" the following: ", subject to 
exceptions in Title 16, section 53-B, subsection 3' 
Amend the bill in section 7 in § 1177 in subsection 3 in the last I ine (page 3, line 18 in 
L.D.) by inserting after the following: "subsection 2" the following: " subject to 
exceptions in Title 16, section 53-C, subsection 3' 
Amend the bill by striking out all of sections 14 and 15 and insel1ing the following: 
'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 Depal1ment of Corrections or period of probation is completed. An 
offender who has complied with the time and method of payment of monetalY 
compensation determined by the Department of Corrections during the period of 
probation shall continue to make payments to the Depal1ment of Corrections in 
accordance with that payment schedule unless modified by the court pursuant to section 
1328-A or 1329. 
An offender who has not complied with the time and method of 
payment of monetalY compensation determined by the Department of Corrections during 
the period of probation must be returned to the COlll1 for further disposition pursuant to 
section 1329. 
An offender who is unconditionally released and discharged from 
institutional confinement with the Depal1ment of Corrections upon the expiration of the 
sentence must, upon application of the office of the attorney for the State, be returned to 
the cOUI1 for specification by the court of the time and method of payment of monetaIY 
compensation, which may be ordered paid to the office of the attorney for the State who 
prosecuted the case or to the clerk of the court. 
Prior to the offender's release and 
discharge, the Department of Corrections shall provide the office of the attorney for the 
State who prosecuted the case written notice as to the amount of restitution outstanding. 
COMMITTEE AMENDMENT 
\\. t~~ 
COMMITTEE AMENDMENT "n "to l-I.P. 1277, L.D. 1789 
Sec. 15. 17-A MRS A §1329, sub-§6 is enacted to read: 
6. Payments made 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, 
except that if the offender is no longer in the custody or under the supervision of the 
Department of Corrections the payments must be made to the office of the attorney for 
the State who prosecuted the case or the clerk of the court, as ordered by the court.' 
SUMMARY 
This amendment includes by reference to the Maine Revised Statutes, Title 16, 
section 53-B, subsection 3 and section 53-C, subsection 3 cel1ain exceptions to disclosure 
privileges in a provision of the bilI making cel1ain communications made by victims 
privileged from disclosure. 
This amendment also clarifies the duties of the Department of Corrections in regard 
to overseeing payment of restitution by offenders who are no longer incarcerated or on 
probation. 
FISCAL :\OTE REQLIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/14/10 Mac. 
124th MAINE LEGISLATURE . 
LD 1789 
LR 2591(02) 
An Act Containing the Recommendations of the Criminal Law Advisory Commission 
Fiscal Note for Bill as Amended by Committee Amendment ,~ " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal. Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs to the Department of Corrections can be absorbed utilizing existing budgeted resources. 
LR2591 (02) - Fiscal Note - Page 1 of 1