An Act To Mandate the Use of Standardized Risk Assessment in the Management of Domestic Violence Crimes
Maine Legislature, Session 125, LD 1711
Committee: Criminal Justice and Public Safety
Sponsors: CAIN, COURTNEY, FREDETTE, HASKELL, PRIEST, ALFOND, GERZOFSKY, WOODBURY
Amends: 15 MRSA §1023, 15 MRSA §1026, 19-A MRSA §4012, 25 MRSA §2803-B, 34-A MRSA §3014

Legislative Document 
No. 1711 
H.P. 1263 
House of Representatives, December 23, 2011 
An Act To Mandate the Use of Standardized Risk Assessment in the 
Management of Domestic Violence Crimes 
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 CAIN of Orono. 
Cosponsored by Senator COURTNEY of York and 
Representatives: FREDETTE of Newport, HASKELL of Portland, PRIEST of Brunswick, 
Senators: ALFOND of Cumberland, GERZOFSKY of Cumberland, WOODBURY of 
Cumberland. 
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 
further amended to read: 
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 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; and 
(5)  Beginning no later than January 1, 2014, 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-I, subsection 74-C, conducted on the alleged abuser; 
Sec. 2.  15 MRSA §1026, sub-§4, ¶C, as amended by PL 2007, c. 374, §9, is 
further amended to read: 
C.  The history and characteristics of the defendant, including, but not limited to: 
(1)  The defendant's character and physical and mental condition; 
(2)  The defendant's family ties in the State; 
(3)  The defendant's employment history in the State; 
(4)  The defendant's financial resources; 
(5)  The defendant's length of residence in the community and the defendant's 
community ties; 
(6)  The defendant's past conduct, including any history relating to drug or 
alcohol abuse; 
(7)  The defendant's criminal history, if any; 
(8)  The defendant's record concerning appearances at court proceedings; 
(9)  Whether, at the time of the current offense or arrest, the defendant was on 
probation, parole or other release pending trial, sentencing, appeal or completion 
of a sentence for an offense in this jurisdiction or another; 
(9-A)  Any evidence that the defendant poses a danger to the safety of others in 
the community, including 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-I, subsection 74-C; 
(10)  Any evidence that the defendant has obstructed or attempted to obstruct 
justice by threatening, injuring or intimidating a victim or a prospective witness, 
juror, attorney for the State, judge, justice or other officer of the court; and 
(11)  Whether the defendant has previously violated conditions of release, 
probation or other court orders, including, but not limited to, violating protection 
from abuse orders pursuant to Title 19, section 769 or Title 19-A, section 4011. 
Sec. 3.  19-A MRSA §4012, sub-§6, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
6.  Officer responsibilities.  When a law enforcement officer has reason to believe 
that a family or household member has been abused, the officer shall immediately use all 
reasonable means to prevent further abuse, including: 
A.  Remaining on the scene as long as the officer reasonably believes there is a 
danger to the physical safety of that person without the presence of a law 
enforcement officer, including, but not limited to, staying in the dwelling unit; 
B.  Assisting that person in obtaining medical treatment necessitated by an assault, 
including driving the victim to the emergency room of the nearest hospital; 
C.  Giving that person immediate and adequate written notice of that person's rights, 
which include information summarizing the procedures and relief available to victims 
of the family or household abuse; or 
D.  Arresting the abusing party with or without a warrant pursuant to section 4011 
and Title 17-A, section 15. 
Beginning no later than January 1, 2014, in addition to the actions specified in this 
subsection, the law enforcement officer shall 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-I, subsection 74-C.  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. 
Sec. 4.  25 MRSA §2803-B, sub-§1, ¶D, as amended by PL 2011, c. 265, §2, is 
further amended to read: 
D.  Domestic violence, which must include, at a minimum, the following: 
(1)  A process to ensure that a victim receives notification of the defendant's 
release from jail; 
(2)  A process for the collection of information regarding the defendant that 
includes the defendant's previous history, the parties' relationship, the name of the 
victim and a process to relay this information to a bail commissioner before a bail 
determination is made;  
(3)  A process for the safe retrieval of personal property belonging to the victim 
or the defendant that includes identification of a possible neutral location for 
retrieval, the presence of at least one law enforcement officer during the retrieval 
and giving the victim the option of at least 24 hours hours' notice to each party 
prior to the retrieval; and 
(4)  Standard procedures to ensure that protection from abuse orders issued under 
Title 19-A, section 4006 or 4007 are served on the defendant as quickly as 
possible; and 
(5)  Beginning no later than January 1, 2014, a process for the administration of a 
validated, evidence-based domestic violence risk assessment recommended by 
the Maine Commission on Domestic and Sexual Abuse, as established in Title 5, 
section 12004-I, subsection 74-C, 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. 
Sec. 5.  25 MRSA §2803-B, sub-§2, as amended by PL 2011, c. 265, §3, is 
further amended to read: 
2.  Minimum policy standards.  The board shall establish minimum standards for 
each law enforcement policy no later than June 1, 1995, except that policies for expanded 
requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) 
to (4) must be established no later than January 1, 2012 and the policy for the use of, and 
the submission of the results of, the validated, evidence-based domestic violence risk 
assessment under subsection 1, paragraph D, subparagraph (5) must be established no 
later than January 1, 2013; policies for death investigations under subsection 1, paragraph 
I must be established no later than January 1, 2004; policies for public notification 
regarding persons in the community required to register under Title 34-A, chapter 15 
under subsection 1, paragraph J must be established no later than January 1, 2006; 
policies for the recording and preservation of interviews of suspects in serious crimes 
under subsection 1, paragraph K must be established no later than January 1, 2005; 
policies for the expanded use of physical force, including the use of electronic weapons 
and less-than-lethal munitions under subsection 1, paragraph A, must be established no 
later than January 1, 2010; and policies for mental illness and the process for involuntary 
commitment under subsection 1, paragraph L must be established no later than January 1, 
2010. 
Sec. 6.  25 MRSA §2803-B, sub-§3, as amended by PL 2011, c. 265, §4, is 
further amended to read: 
3.  Agency compliance.  The chief administrative officer of each law enforcement 
agency shall certify to the board no later than January 1, 1996 that the agency has adopted 
written policies consistent with the minimum standards established by the board pursuant 
to subsection 2, except that certification to the board for expanded policies for domestic 
violence under subsection 1, paragraph D, subparagraphs (1) to (4) must be made to the 
board no later than June 1, 2012 and for the policy for the use of, and the submission of 
the results of, the validated, evidence-based domestic violence risk assessment under 
subsection 1, paragraph D, subparagraph (5) must be made to the board no later than July 
1, 2013; certification to the board for adoption of a death investigation policy under 
subsection 1, paragraph I must be made to the board no later than June 1, 2004; 
certification to the board for adoption of a public notification policy under subsection 1, 
paragraph J must be made to the board no later than June 1, 2006; certification to the 
board for adoption of a policy for the recording and preservation of interviews of suspects 
in serious crimes under subsection 1, paragraph K must be made to the board no later 
than June 1, 2005; certification to the board for adoption of an expanded use of physical 
force policy under subsection 1, paragraph A must be made to the board no later than 
June 1, 2010; and certification to the board for adoption of a policy regarding mental 
illness and the process for involuntary commitment under subsection 1, paragraph L must 
be made to the board no later than June 1, 2010.  The certification must be accompanied 
by copies of the agency policies.  The chief administrative officer of each agency shall 
certify to the board no later than June 1, 1996 that the agency has provided orientation 
and training for its members with respect to the policies, except that certification for 
orientation and training with respect to expanded policies for domestic violence under 
subsection 1, paragraph D, subparagraphs (1) and (3) must be made to the board no later 
than January 1, 2004; certification for orientation and training with respect to the 
administration of a validated, evidence-based domestic violence risk assessment under 
subsection 1, paragraph D, subparagraph (5) must be made to the board no later than 
January 1, 2014; certification for orientation and training with respect to policies 
regarding death investigations under subsection 1, paragraph I must be made to the board 
no later than January 1, 2005; certification for orientation and training with respect to 
policies regarding public notification under subsection 1, paragraph J must be made to the 
board no later than January 1, 2007; certification for orientation and training with respect 
to policies regarding the recording and preservation of interviews of suspects in serious 
crimes under subsection 1, paragraph K must be made to the board no later than January 
1, 2006; certification for orientation and training with respect to policies regarding 
expanded use of physical force under subsection 1, paragraph A must be made to the 
board no later than January 1, 2011; and certification for orientation and training with 
respect to policies regarding mental illness and the process for involuntary commitment 
under subsection 1, paragraph L must be made to the board no later than January 1, 2011. 
Sec. 7.  34-A MRSA §3014 is enacted to read: 
§3014.  Identification; domestic violence risk factors 
Beginning no later than January 1, 2014, a county corrections employee or an 
employee of the department whose duties include contact with prisoners or juvenile 
detainees shall administer to all prisoners and juvenile detainees a validated, evidence-
based domestic violence risk assessment recommended by the Maine Commission on 
Domestic and Sexual Abuse, established in Title 5, section 12004-I, subsection 74-C, to 
identify those prisoners or juvenile detainees who display known risk factors for domestic 
violence.  This validated, evidence-based domestic violence risk assessment must be 
administered in addition to any other standard risk assessment performed.  If the results 
of the validated, evidence-based domestic violence risk assessment indicate a higher risk 
than the results of a standard risk assessment indicate, the results of the validated, 
evidence-based domestic violence risk assessment must be used to override the results of 
the standard risk assessment based on a protocol established at the facility in which the 
prisoner or juvenile detainee resides. 
As used in this section, "county corrections employee" means an employee of the 
county who is employed at a county jail and whose duties include contact with prisoners 
or juvenile detainees. 
SUMMARY 
This bill requires the use of a validated, evidence-based domestic violence risk 
assessment by law enforcement officers in cases involving suspected or alleged domestic 
violence or abuse.  The law enforcement officer is required to transmit the results of the 
assessment to the bail commissioner, if appropriate, and the district attorney for the 
county in which the suspected or alleged domestic violence or abuse took place.  This bill 
also requires the administration of a validated, evidence-based domestic violence risk 
assessment to county and state correctional facility inmates to identify those who are at 
risk for committing domestic violence.  The validated, evidence-based domestic violence 
risk assessment must be as recommended by the Maine Commission on Domestic and 
Sexual Abuse; the use is not mandatory until January 1, 2014.