An Act Regarding the Interstate Compact for Adult Offender Supervision
Maine Legislature, Session 125, LD 1755
Committee: Criminal Justice and Public Safety
Sponsors: MASON
Amends: 34-A MRSA §9887, 34-A MRSA §9887-A, 34-A MRSA §9887-B

Legislative Document 
No. 1755
S.P. 603 
In Senate, January 10, 2012
An Act Regarding the Interstate Compact for Adult Offender 
Supervision 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator MASON of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-A MRSA §9887, as enacted by PL 2005, c. 329, §13, is amended to 
read: 
§9887.  Supervision fee 
The department may impose on a person accepted for supervision under this compact 
a supervision fee of between $10 and $50 per month, as determined by the department, 
for the term of supervision by the department.  In determining the amount of the fee, the 
department shall take into account the financial resources of the person and the nature of 
the burden the payment imposes.  A request for transfer of supervision may not be denied 
solely because the person is not able to pay the fee.  When a person fails to pay the 
supervision fee, the department may request the person's return to the sending state unless 
the failure to pay was not attributable to the person's willful refusal to pay or to a failure 
on the person's part to make a good faith effort to obtain the funds required for the 
payment. Fees received by the department pursuant to this section must be deposited into 
the department's adult community corrections account, which may not lapse.  Fees 
deposited pursuant to this section must be used to defray costs associated with the 
supervision of persons accepted for transfer, including, but not limited to, the purchase of 
materials and equipment for and operation of electronic monitoring and substance testing 
programs, the purchase of materials, equipment and training for probation officers and 
administrative costs. 
Sec. 2.  34-A MRSA §9887-A is enacted to read: 
§9887-A.  Application fee 
The department may impose on a person applying for transfer of supervision to 
another state under this compact an application fee of between $100 and $250, as 
determined by the department.  In determining the amount of the fee, the department shall 
take into account the financial resources of the person and the nature of the burden the 
payment imposes.  An application for transfer of supervision may not be denied solely 
because the person is not able to pay the fee.  When a person fails to pay the application 
fee, the department may refuse to process the application unless the failure to pay was not 
attributable to the person's willful refusal to pay or to a failure on the person's part to 
make a good faith effort to obtain the funds required for the payment.  Fees received by 
the department pursuant to this section must be deposited into the department's adult 
community corrections account, which may not lapse.  Fees deposited pursuant to this 
section must be used to defray costs associated with processing the applications for 
transfer, including, but not limited to, the purchase of materials, equipment and training 
for probation officers and administrative costs. 
Sec. 3.  34-A MRSA §9887-B is enacted to read: 
§9887-B.  Biological sample for DNA analysis 
A person accepted for supervision under this compact shall submit to having a DNA 
sample taken if the offense for which supervision is being provided includes the essential 
elements of an offense set out in Title 25, section 1574, subsection 5. The DNA sample 
may be taken at any time following commencement of the supervision period as directed 
by the person's probation officer. All other provisions of Title 25, chapter 194 govern the 
collection and use of the DNA sample as applicable. 
SUMMARY 
This bill permits the Department of Corrections to require the payment of a fee by 
adult probationers who apply for a transfer of supervision under the Interstate Compact 
for Adult Offender Supervision to another state.  It includes appropriate safeguards to 
ensure that lack of ability to pay the fee does not result in an adverse action. 
The bill also requires that application fees paid by persons applying to transfer to 
other states and supervision fees paid by persons transferring to Maine must be deposited 
into the department's nonlapsing adult community corrections account to offset associated 
costs. 
The bill also requires that a person transferring to Maine for supervision in the 
community submit to the taking of a DNA sample if the offense for which the person is 
being supervised is one that includes the essential elements of a Maine crime requiring 
submission to the taking of a DNA sample.