An Act To Mandate the Use of Standardized Risk Assessment in the Management of Domestic Violence Crimes
Maine Legislature, Session 125, LD 1711
Committee Amendment CA_A_H890 (House)
Amends: 34-A MRSA §5404

COMMITTEE AMENDMENT "A " 
to H.P. 1263, L.D. 1711, Bill, "An Act To 
Mandate the Use of Standardized Risk Assessment in the Management of Domestic 
Violence Crimes" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Adopt the Use of Standardized Risk Assessment in the Management of 
Domestic Violence Crimes' 
Amend the bill in section 1 in paragraph C by striking out all of subparagraph (5) 
(page 1, lines 12 to 15 in L.D.) and inserting the following: 
'(5) Beginning no later than January 1,2015, the results of a validated, evidence-' 
based domestic violence risk assessment recommended by the Maine 
Commission on Domestic and Sexual Abuse, established in Title 5, section 
12004-1, subsection 74-C, and approved by the Department of Public Safety 
conducted on the alleged abuser when the results are available;' 
Amend the bill in section 2 in paragraph C in subparagraph (9-A) in the last line 
(page 1, line 35 in L.D.) by inserting after the following: "74-C" the following: " and 
approved by the Department of Public Safety' 
Amend the bill in section 3 in subsection 6 by striking out all of the last blocked 
paragraph (page 2, lines 22 to 28 in L.D.) and inserting the following: 
'Beginning no later than January 1, 2015, in addition to the actions specified in this 
subsection, the law enforcement officer shall make a good faith effort to administer a 
validated, evidence-based domestic violence risk assessment recommended by the Maine 
Commission on Domestic and Sexual Abuse, established in Title 5, section 12004-1, 
subsection 74-C, and approved by the Department of Public Safety. The law enforcement 
officer administering this assessment shall provide the results of the assessment to the 
bail commissioner, if appropriate, and the district attorney for the county in which the 
abuse took place.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1263, L.D. 1711 
Amend the bill in section 4 in paragraph D by striking out all of subparagraph (5) 
(page 3, lines 6 to 11 in L.D.) and inserting the following: 
'(5) A process for the administration of a validated, evidence-based domestic 
violence risk assessment recommended by the Maine Commission on Domestic 
and Sexual Abuse, established in Title 5, section 12004-1, subsection 74-C, and 
approved by the Department of Public Safety and the conveyance of the results of 
that assessment to the bail commissioner, if appropriate, and the district attorney 
for the county in which the domestic violence occurred.' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 34-A MRS A §5404, sub-§3, ~, as amended by PL 2005, c. 389, §6, is 
further amended to read: 
E. Supervise the transition from institutional confinement for persons residing in a 
prerelease center if the commissioner directs; afld 
Sec. 8. 34-A MRSA §5404, sub-§3-A is enacted to read: 
3-A. Risk assessment; immunity from liability. Make a good faith effort to 
supplement any assessment tool for all domestic violence offenders with a validated, 
evidence-based domestic violence risk assessment recommended by the Maine 
Commission on Domestic and Sexual Abuse, established in Title 5, section 12004-1, 
subsection 74-C, and approved by the Department of Public Safety. A probation and 
parole or intensive supervision program officer shall implement protocols to override risk 
assessment scores based on the presence of domestic violence risk factors that indicate a 
higher risk. 
Notwithstanding any other law to the contrary, the administration of the domestic 
violence risk assessment pursuant to this subsection or the failure to administer the 
assessment does not subject any state, municipal or county official or employee to 
liability in a civil action; and' 
SUMMARY 
This amendment does the following: 
1. It changes from January 1,2014 to January 1,2015 the date for implementation by 
law enforcement officers of the validated, evidence-based domestic violence risk 
assessment in cases of domestic violence; 
2. It requires the Department of Public Safety to approve a domestic violence risk 
assessment recommended by the Maine Commission on Domestic and Sexual Abuse 
before it can be used; 
3. 
It removes the provision in the bill that requires the domestic violence risk 
assessment to be administered to county and state correctional facility inmates; 
4. It requires a probation and parole or intensive supervision program officer to make 
a good faith effort to supplement any other assessment tool for domestic violence 
offenders with the domestic violence risk assessment and to implement protocols to 
override risk assessment scores based on the presence of higher risk factors; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1263, L.D. 1711 
5. It provides state, municipal and county officials and employees with immunity 
from civil liability for implementing or failing to implement the risk assessment. 
FISCAL :"iOTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/30112 
~ac. 
LD 1711 
LR 2644(02) 
An Act To Mandate the Use of Standardized Risk Assessment in the Management of Domestic 
Violence Crimes 
Fiscal Note for Bill as Amended by Committee Amendment "A" [H }~ <to) 
Committee: Criminal Justice and Public Safety 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Requires law enforcement agencies to develop policies and procedures for the use 
of, and submission of the results of, a validated, evidence-based domestic violence 
risk assessment. 
Unit Affected 
Local Cost 
Municipality 
Insignifican 
County 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety associated with approving risk assessment and developing 
policies and procedures can be absorbed within existing budgeted resources. 
LR2644(02) - Fiscal Note - Page 1 of 1