An Act To Address Certain Aspects of Bail
Maine Legislature, Session 125, LD 1400
Committee: Criminal Justice and Public Safety
Amends: 15 MRSA §1003, 15 MRSA §1023, 15 MRSA §1092, 15 MRSA §1095, 15 MRSA §1098, 17-A MRSA §15

Legislative Document 
No. 1400 
H.P. 1029 
House of Representatives, April 4, 2011 
An Act To Address Certain Aspects of Bail 
Reported by Representative PLUMMER of Windham for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218. 
HEATHER J.R. PRIEST 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §1003, sub-§3-A is enacted to read: 
3-A.  Crime involving domestic violence.  "Crime involving domestic violence" 
means: 
A.  As defined in Title 17-A, a crime of domestic violence assault, domestic violence 
criminal threatening, domestic violence terrorizing, domestic violence stalking or 
domestic violence reckless conduct; and 
B.  A violation of a protective order under Title 19-A, section 4011, the alleged 
victim of which is a family or household member as defined in Title 19-A, section 
4002, subsection 4. 
Sec. 2.  15 MRSA §1023, sub-§4, as repealed and replaced by PL 2001, c. 686, 
Pt. A, §1, is amended to read: 
4.  Limitations on authority.  A bail commissioner may not: 
A.  Set preconviction bail for a defendant confined in jail or held under arrest by 
virtue of any order issued by a court in which bail has not been authorized; 
B.  Change bail set by a court; or 
C.  In a case involving domestic violence, set preconviction bail for a defendant 
before making a good faith effort to obtain from the arresting officer, the district 
attorney responsible prosecutorial office, a jail employee or other law enforcement 
officer: 
(1)  A brief history of the alleged abuser; 
(2)  The relationship of the parties; 
(3)  The name, address, phone number and date of birth of the victim; and 
(4)  Existing conditions of protection from abuse orders, conditions of bail and 
conditions of probation.; 
D.  Set preconviction bail for a violation of condition of release pursuant to section 
1092, except as provided in section 1092, subsection 4; or 
E.  Set preconviction bail using a condition of release not included in every order for 
pretrial release without specifying a court date within 8 weeks of the date of the bail 
order. 
Sec. 3.  15 MRSA §1092, sub-§4 is enacted to read: 
4.  Limitations on authority of bail commissioner to set preconviction bail.  A 
court may, but a bail commissioner may not, set bail for a defendant granted 
preconviction bail who has been arrested for an alleged violation of this section if: 
A.  The condition of release alleged to be violated relates to new criminal conduct for 
a crime classified as Class C or above or for a Class D or Class E crime involving 
domestic violence, sexual assault pursuant to Title 17-A, chapter 11 or sexual 
exploitation of minors pursuant to Title 17-A, chapter 12; 
B.  The underlying crime for which preconviction bail was granted is classified as 
Class C or above; or 
C.  The underlying crime for which preconviction bail was granted is a crime 
involving domestic violence, sexual assault pursuant to Title 17-A, chapter 11 or 
sexual exploitation of minors pursuant to Title 17-A, chapter 12. 
Sec. 4.  15 MRSA §1095, sub-§2, as amended by PL 1997, c. 543, §22, is further 
amended to read: 
2.  Arrest.  A Prior to the filing of a motion to revoke a defendant's preconviction 
bail under subsection 1, a law enforcement officer when requested by the attorney for the 
State, may arrest with a warrant, or without a warrant pursuant to Title 17-A, section 15, 
any defendant who the law enforcement officer has probable cause to believe has failed to 
appear as required, has violated a condition of preconviction bail or has been charged 
with a crime allegedly committed while released on preconviction bail.  If the defendant 
is charged with new criminal conduct, a bail commissioner is authorized only to set bail 
for the new charged crimes in accordance with this chapter.  A defendant under arrest 
pursuant to subsection 1 or this subsection section must be brought before any judge or 
justice of the appropriate court.  The judge or justice shall determine without hearing 
whether the existing preconviction bail order should be modified or whether the 
defendant should be committed without bail pending the bail revocation hearing.  A copy 
of the motion for revocation must be furnished to the defendant prior to the hearing on the 
alleged violation, unless the hearing must be conducted in the absence of the defendant. 
Sec. 5.  15 MRSA §1098, sub-§2, as enacted by PL 1995, c. 356, §19, is amended 
to read: 
2.  Arrest.  A Prior to the filing of a motion to revoke a defendant's post-conviction 
bail under subsection 1, a law enforcement officer when requested by the attorney for the 
State, may arrest with a warrant, or without a warrant pursuant to Title 17-A, section 15, 
any defendant who the law enforcement officer has probable cause to believe has failed to 
appear as required, violated a condition of post-conviction bail or been charged with a 
crime allegedly committed while released on post-conviction bail.  If the defendant is 
charged with new criminal conduct, a bail commissioner is authorized only to set bail for 
the new crimes in accordance with this chapter.  A defendant under arrest pursuant to this 
subsection section must be brought before a judge or justice of the appropriate court.  The 
judge or justice shall determine without hearing whether the existing post-conviction bail 
order should be modified or the defendant should be committed without bail pending the 
bail revocation hearing.  A copy of the motion for revocation must be furnished to the 
defendant prior to the hearing on the alleged violation, unless the hearing must be 
conducted in the absence of the defendant. 
Sec. 6.  17-A MRSA §15, sub-§1, ¶A, as amended by PL 2009, c. 142, §3, is 
further amended to read: 
A.  Any person who the officer has probable cause to believe has committed or is 
committing: 
(1)  Murder; 
(2)  Any Class A, Class B or Class C crime; 
(3)  Assault while hunting; 
(4)  Any offense defined in chapter 45; 
(5)  Assault, criminal threatening, terrorizing or stalking, if the officer reasonably 
believes that the person may cause injury to others unless immediately arrested; 
(5-A)  Assault, criminal threatening, terrorizing, stalking, criminal mischief, 
obstructing the report of a crime or injury or reckless conduct if the officer 
reasonably believes that the person and the victim are family or household 
members, as defined in Title 19-A, section 4002, subsection 4; 
(5-B)  Domestic violence assault, domestic violence criminal threatening, 
domestic violence terrorizing, domestic violence stalking or domestic violence 
reckless conduct; 
(6)  Theft as defined in section 357, when the value of the services is $1,000 or 
less if the officer reasonably believes that the person will not be apprehended 
unless immediately arrested; 
(7)  Forgery, if the officer reasonably believes that the person will not be 
apprehended unless immediately arrested; 
(8)  Negotiating a worthless instrument if the officer reasonably believes that the 
person will not be apprehended unless immediately arrested; 
(9)  A violation of a condition of probation when requested by a probation officer 
or juvenile community corrections officer; 
(10)  Violation of a condition of release in violation of Title 15, section 1026, 
subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, 
subsection 2; and Title 15, section 1092; 
(11)  Theft involving a detention under Title 17, section 3521; 
(12)  Harassment, as set forth in section 506-A; 
(13)  Violation of a protection order, as specified in Title 5, section 4659, 
subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, 
subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, 
subsection 3; and Title 19-A, section 4012, subsection 5; 
(14)  A violation of a sex offender registration provision under Title 34-A, 
chapter 15; 
(15) A violation of a requirement of administrative release when requested by the 
attorney for the State; 
(16)  A violation of a condition of supervised release for sex offenders when 
requested by a probation officer;  
(17) A violation of a court-imposed deferment requirement of a deferred 
disposition when requested by the attorney for the State;  
(18)  A violation of a condition of release as provided in Title 15, section 
3203-A, subsection 9; 
(19)  A violation of a condition of supervised community confinement granted 
pursuant to Title 34-A, section 3036-A when requested by a probation officer; 
(20)  A violation of a condition of placement on community reintegration status 
granted pursuant to Title 34-A, sections 3810 and 4112 when requested by a 
juvenile community corrections officer; or 
(21)  A violation of a condition of furlough or other rehabilitative program 
authorized under Title 34-A, section 3035 when requested by a probation officer 
or juvenile community corrections officer; and 
(22)  A violation of preconviction or post-conviction bail pursuant to Title 15, 
section 1095, subsection 2 or section 1098, subsection 2 upon request of the 
attorney for the State; 
(23)  Failure to appear in violation of Title 15, section 1091, subsection 1, 
paragraph A; or 
(24)  A Class D or Class E crime committed while released on preconviction or 
post-conviction bail; and 
SUMMARY 
This bill amends the Maine Bail Code in several ways.  It adds a new definition of 
"crime involving domestic violence," which means a crime of domestic violence assault, 
domestic violence criminal threatening, domestic violence terrorizing, domestic violence 
stalking or domestic violence reckless conduct, as defined in the Maine Revised Statutes, 
Title 17-A, as well as a violation of a protective order under Title 19-A, section 4011 in 
which the alleged victim is a family or household member as defined in Title 19-A, 
section 4002, subsection 4. 
The bill replaces "district attorney" with "responsible prosecutorial office" to broaden 
the application to include the Attorney General's Office as well as any district attorney.  It 
adds a new provision addressing the preconviction limitations on a bail commissioner's 
authority as provided in Title 15, section 1092, subsection 4.  It adds a provision requiring 
that in the preconviction context a bail commissioner specify a court date within 8 weeks 
of the date of the bail order when that bail order uses one or more release conditions not 
automatically included in every bail order for pretrial release. 
The bill adds a provision that requires that the court and not a bail commissioner set 
preconviction bail for a crime if: the condition of release alleged to be violated relates to 
new criminal conduct for a Class C or above crime or a Class D or Class E crime that 
involves domestic violence, sexual assault or sexual exploitation of minors; the 
underlying crime for which preconviction bail was granted is classified as Class C or 
above; or the underlying crime for which preconviction bail was granted involves 
domestic violence, sexual assault or sexual exploitation of minors. 
The bill clarifies that a law enforcement officer may make a warrantless arrest in the 
context of an anticipated motion to revoke bail by the attorney for the State.  It expressly 
authorizes an arrest under these circumstances when the attorney for the State requests 
that the defendant be arrested for purposes of instituting a revocation of bail.  The bill 
does not address an arrest for a violation of the crime of violation of a condition of 
release pursuant to Title 15, section 1092. 
The bill adds to the list of circumstances in which a law enforcement officer may 
make a warrantless arrest the following: a violation of preconviction or post-conviction 
bail pursuant to Title 15, section 1095, subsection 2 or section 1098, subsection 2 upon 
request of the attorney for the State; failure to appear in violation of Title 15, section 
1091, subsection 1, paragraph A; and a Class D or Class E crime committed while 
released on preconviction or post-conviction bail.