An Act To Amend the Maine Bail Code To Protect Victims of Domestic Violence
Maine Legislature, Session 125, LD 1704
Committee: Criminal Justice and Public Safety
Sponsors: FREDETTE, PLOWMAN, CAIN, CUSHING, FOSSEL, MARTIN, SANDERSON, SIROCKI, WALLACE, WINSOR
Amends: 15 MRSA §1023, 15 MRSA §1026

Legislative Document 
No. 1704 
H.P. 1256 
House of Representatives, December 23, 2011 
An Act To Amend the Maine Bail Code To Protect Victims of 
Domestic Violence 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative FREDETTE of Newport. 
Cosponsored by Senator PLOWMAN of Penobscot and 
Representatives: CAIN of Orono, CUSHING of Hampden, FOSSEL of Alna, MARTIN of 
Eagle Lake, SANDERSON of Chelsea, SIROCKI of Scarborough, WALLACE of Dexter, 
WINSOR of Norway. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §1023, sub-§4, ¶C, as amended by PL 2011, c. 341, §2, is 
repealed. 
Sec. 2.  15 MRSA §1023, sub-§4, ¶C-1 is enacted to read: 
C-1.  Set preconviction bail in a case involving domestic violence; 
Sec. 3.  15 MRSA §1026, sub-§3, ¶A, as repealed and replaced by PL 2007, c. 
518, §3, is amended to read: 
A.  If, after consideration of the factors listed in subsection 4, the judicial officer 
determines that the release described in subsection 2-A will not reasonably ensure the 
appearance of the defendant at the time and place required, will not reasonably ensure 
that the defendant will refrain from any new criminal conduct, will not reasonably 
ensure the integrity of the judicial process or will not reasonably ensure the safety of 
others in the community, the judicial officer shall order the pretrial release of the 
defendant subject to the least restrictive further condition or combination of 
conditions that the judicial officer determines will reasonably ensure the appearance 
of the defendant at the time and place required, will reasonably ensure that the 
defendant will refrain from any new criminal conduct, will reasonably ensure the 
integrity of the judicial process and will reasonably ensure the safety of others in the 
community.  These conditions may include that the defendant: 
(1)  Remain in the custody of a designated person or organization agreeing to 
supervise the defendant, including a public official, public agency or publicly 
funded organization, if the designated person or organization is able to 
reasonably ensure the appearance of the defendant at the time and place required, 
that the defendant will refrain from any new criminal conduct, the integrity of the 
judicial process and the safety of others in the community.  When it is feasible to 
do so, the judicial officer shall impose the responsibility upon the defendant to 
produce the designated person or organization.  The judicial officer may 
interview the designated person or organization to ensure satisfaction of both the 
willingness and ability required.  The designated person or organization shall 
agree to notify immediately the judicial officer of any violation of release by the 
defendant; 
(2)  Maintain employment or, if unemployed, actively seek employment; 
(3)  Maintain or commence an educational program; 
(4)  Abide by specified restrictions on personal associations, place of abode or 
travel; 
(5)  Avoid all contact with a victim of the alleged crime, a potential witness 
regarding the alleged crime or with any other family or household members of 
the victim or the defendant or to contact those individuals only at certain times or 
under certain conditions; 
(6)  Report on a regular basis to a designated law enforcement agency or other 
governmental agency; 
(7)  Comply with a specified curfew; 
(7-A)  If the defendant has been charged with a crime involving domestic 
violence, submit to supervision by an electronic monitoring system under the 
supervision of an agency designated by the judicial officer that: 
(i)  Immediately notifies law enforcement officers or other monitors, the 
victim and other persons designated by the court to be at risk of harm of any 
breach by the defendant of a court-ordered restriction to remain within 
certain physical boundaries; 
(ii)  Has a loud alarm that can be activated to warn the victim or other person 
designated by the court to be at risk of harm of the presence of the defendant 
in an area from which the defendant has been barred; and 
(iii)  Permits the cost of electronic monitoring to be assessed as court costs or 
ordered by the court to be paid directly by the defendant as a condition of 
bail; 
(8)  Refrain from possessing a firearm or other dangerous weapon; 
(9)  Refrain from use or excessive use of alcohol and from any use of drugs; 
(10)  Undergo, as an outpatient, available medical or psychiatric treatment, or 
enter and remain, as a voluntary patient, in a specified institution when required 
for that purpose; 
(10-A)  Enter and remain in a long-term residential facility for the treatment of 
substance abuse; 
(11)  Execute an agreement to forfeit, in the event of noncompliance, such 
designated property, including money, as is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process and to ensure the safety of others in the community and post 
with an appropriate court such evidence of ownership of the property or such 
percentage of the money as the judicial officer specifies; 
(12)  Execute a bail bond with sureties in such amount as is reasonably necessary 
to ensure the appearance of the defendant at the time and place required, to 
ensure that the defendant will refrain from any new criminal conduct, to ensure 
the integrity of the judicial process and to ensure the safety of others in the 
community; 
(13)  Return to custody for specified hours following release for employment, 
schooling or other limited purposes;  
(14)  Report on a regular basis to the defendant's attorney; 
(15)  Notify the court of any changes of address or employment; 
(16)  Provide to the court the name, address and telephone number of a 
designated person or organization that will know the defendant's whereabouts at 
all times; 
(17)  Inform any law enforcement officer of the defendant's condition of release 
if the defendant is subsequently arrested or summonsed for new criminal 
conduct; and 
(18)  Satisfy any other condition that is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process and to ensure the safety of others in the community. 
Sec. 4.  15 MRSA §1026, sub-§4-A is enacted to read: 
4-A.  Considerations in charges for crimes involving domestic violence.  
Notwithstanding the other provisions of this section, a defendant charged with a crime 
involving domestic violence may not be released unless a criminal history of the 
defendant has been completed and reviewed by the judicial officer. 
SUMMARY 
This bill amends the Maine Bail Code to provide protection for the victim of a crime 
involving domestic violence or persons likely to be harmed by a defendant in a domestic 
violence prosecution by providing that bail may be determined only by judges, not bail 
commissioners, and by requiring the judge to review and consider the defendant’s 
criminal history.  The bill also provides that electronic monitoring may be a condition of 
bail for the defendant charged with a crime involving domestic violence and that the 
defendant may be ordered to pay the cost of that monitoring.