An Act To Ensure Notification to Victims of Domestic Violence, Sexual Assault and Stalking When Defendants Are Released on Bail
Maine Legislature, Session 125, LD 1760
Committee: Criminal Justice and Public Safety
Sponsors: CASAVANT, BEAVERS, BRIGGS, CHASE, GRAHAM, PARRY, ROCHELO, RUSSELL, HOBBINS
Amends: 17-A MRSA §1175-A

Legislative Document 
No. 1760
H.P. 1295 
House of Representatives, January 9, 2012
An Act To Ensure Notification to Victims of Domestic Violence, 
Sexual Assault and Stalking When Defendants Are Released on Bail 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CASAVANT of Biddeford. 
Cosponsored by Representatives: BEAVERS of South Berwick, BRIGGS of Mexico, CHASE 
of Wells, GRAHAM of North Yarmouth, PARRY of Arundel, ROCHELO of Biddeford, 
RUSSELL of Portland, Senator: HOBBINS of York. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, notification of a defendant's release on bail is essential information for a 
victim of domestic violence, sexual assault or stalking in making a safety plan; and 
Whereas, current practices of notification to victims of domestic violence, sexual 
assault and stalking of defendants' release on bail are neither uniform nor consistent, and 
sometimes notification does not occur at all; and  
Whereas, creating a uniform notification process will better protect and ensure the 
lives and safety of victims of domestic violence, sexual assault and stalking; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1175-A is enacted to read: 
§1175-A.  Notification of defendant's release on bail 
1.  In a case of domestic violence, sexual assault or stalking, a victim who wishes to 
receive notification of a defendant's release on bail may make a request for notification to 
the county jail, the responding law enforcement officer or the office of the attorney for 
the State.  If at the time of the arrest the victim requests notification of release, the 
responding law enforcement officer shall provide the request and the victim's contact 
information to the county jail in which the defendant is in custody.  If the request is made 
to the office of the attorney for the State, the office shall transmit the request to the intake 
division of the jail.  A victim may make a request for notification of release directly to the 
intake division of the jail. 
2.  In a case of domestic violence, sexual assault or stalking, a county jail shall notify 
a victim who has requested notification pursuant to subsection 1 of a defendant's release 
on bail within one hour of the defendant's release or as soon as possible. 
3.  Notification under subsection 2 must be made by a telephone call directly to the 
victim who requested the notification.  In the event that the victim cannot be contacted 
after the jail has exercised due diligence in attempting to contact the victim, notification 
of the release must be made to the law enforcement agency that investigated the report of 
domestic violence. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill ensures that a victim of domestic violence, sexual assault or stalking 
receives prompt notification directly from the jail when a person who is alleged to have 
committed the offense is released on bail from the jail.  The same confidentiality 
provisions governing the protection of victim information under the Maine Revised 
Statutes, Title 17-A, chapter 48 apply to the new notification provision.