An Act To Allow a Person Charged with or Convicted of Violating a Protection from Abuse Order To Be Supervised by an Electronic Tracking System
Maine Legislature, Session 125, LD 0495
Committee: Judiciary
Sponsors: ROSEN, CUSHING, HASKELL, HAYES, HOGAN, MAKER, STRANG BURGESS, VALENTINO, MASON
Amends: 15 MRSA §1026, 17-A MRSA §1204

Legislative Document 
No. 495 
H.P. 388 
House of Representatives, February 10, 2011 
An Act To Allow a Person Charged with or Convicted of Violating a 
Protection from Abuse Order To Be Supervised by an Electronic 
Tracking System 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative ROSEN of Bucksport. 
Cosponsored by Senator ROSEN of Hancock and 
Representatives: CUSHING of Hampden, HASKELL of Portland, HAYES of Buckfield, 
HOGAN of Old Orchard Beach, MAKER of Calais, STRANG BURGESS of Cumberland, 
VALENTINO of Saco, Senator: MASON of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §1026, sub-§3, ¶A, as repealed and replaced by PL 2007, c. 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; 
(5-A)  If the defendant has been charged with violating Title 19-A, section 4011, 
subsection 1, submit to supervision by an electronic tracking device and 
monitoring system that does the following: 
(i)  Immediately notifies law enforcement officers or other monitors of any 
breach by the defendant of a court-ordered restriction to remain within 
certain physical boundaries; 
(ii)  Notifies the victim as soon as practicable of any breach; 
(iii)  Allows law enforcement officers or other monitors to speak to the 
defendant through a cellular phone built into the electronic tracking device; 
and 
(iv)  Has a loud alarm that can be activated to warn the victim of the 
defendant's presence in an area from which the defendant is forbidden. 
(6)  Report on a regular basis to a designated law enforcement agency or other 
governmental agency; 
(7)  Comply with a specified curfew; 
(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. 2.  17-A MRSA §1204, sub-§2-B is enacted to read: 
2-B.  As a condition of probation, a court in its sentence may require a person 
convicted of violating Title 19-A, section 4011, subsection 1 to be supervised by an 
electronic tracking device and monitoring system that: 
A.  Immediately notifies law enforcement officers or other monitors of any breach by 
the convicted person of a court-ordered restriction to remain within certain physical 
boundaries; 
B.  Notifies the victim as soon as practicable of any breach under paragraph A; 
C.  Allows law enforcement officers and other monitors to speak to the convicted 
person through a cellular phone built into the electronic tracking device; and 
D.  Has a loud alarm that can be activated to warn the victim of the convicted 
person's presence in an area from which the convicted person is forbidden. 
SUMMARY 
This bill establishes as a condition of bail for a person charged with violating a 
protection from abuse order under the Maine Revised Statutes, Title 19-A, section 4011, 
subsection 1 that the person submit to supervision by an electronic tracking device with 
specific features.  This bill authorizes a court to impose as part of the sentencing 
alternative for a person convicted of violating a protection from abuse order that the 
person, while on probation, submit to supervision by an electronic tracking device with 
the same special features.  Those features consist of the following: 
1.  The electronic tracking device must immediately notify law enforcement officers 
or other monitors of any breach by the offender of a court-ordered restriction to remain 
within certain physical boundaries; 
2.  The electronic tracking device must notify the victim as soon as practicable of any 
breach; 
3.  The electronic tracking device must allow law enforcement officers and other 
monitors to speak to the offender through a cellular phone built into the electronic 
tracking device; and 
4.  The electronic tracking device must have a loud alarm that can be activated to 
warn the victim of the offender's presence in an area from which the offender is 
forbidden.