An Act To Facilitate the Use of Electronic Monitoring To Prevent Domestic Violence
Maine Legislature, Session 126, LD 0842
Committee: Criminal Justice and Public Safety
Sponsors: FREDETTE, CAIN, CHASE, CLARK, KNIGHT, REED, WEAVER, WILLETTE, LANGLEY
Amends: 4 MRSA §1060, 19-A MRSA §4002, 19-A MRSA §4005, 19-A MRSA §4006, 19-A MRSA §4007, 25 MRSA §2917, 34-A MRSA §1218

Legislative Document 
No. 842 
H.P. 593 
House of Representatives, March 5, 2013 
An Act To Facilitate the Use of Electronic Monitoring To Prevent 
Domestic Violence 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FREDETTE of Newport. 
Cosponsored by Senator CAIN of Penobscot and 
Representatives: CHASE of Wells, CLARK of Easton, KNIGHT of Livermore Falls, REED of 
Carmel, WEAVER of York, WILLETTE of Mapleton, Senator: LANGLEY of Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §1060 is enacted to read: 
§1060.  Electronic Monitoring Fund 
The Electronic Monitoring Fund is established in the judicial branch as an Other 
Special Revenue Funds program to provide funding for the use of electronic monitoring 
pursuant to Title 19-A, section 4007, subsection 1, paragraph D-1 and pursuant to Title 
25, section 2917. 
1.  Judicial powers.  The judicial branch may receive and use money donated for the 
purpose of this section. 
2.  Electronic Monitoring Fund.  All funds received for the purpose of this section 
must be credited to the Electronic Monitoring Fund. 
Sec. 2.  19-A MRSA §4002, sub-§3-B is enacted to read: 
3-B.  Electronic monitoring.  "Electronic monitoring" means enrollment by a 
defendant in a program established by the Department of Public Safety pursuant to Title 
25, section 2917. 
Sec. 3.  19-A MRSA §4005, sub-§3, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
3.  Forms.  The forms provided by the court must be uniform throughout the State 
and must include language on the complaint form that allows the plaintiff to request 
electronic monitoring as a form of relief.  The forms must also include a summons and an 
affidavit for temporary emergency relief from abuse.  The summons must include a 
section in which to list places where the defendant may be located or available to be 
served.  The clerk shall inquire where the defendant may be located or available to be 
served and list those locations on the summons or direct the plaintiff to do so. 
Sec. 4.  19-A MRSA §4006, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
1.  Full hearing.  Within 21 days of the filing of a complaint, a full hearing must be 
held at which the plaintiff must prove the allegation of abuse by a preponderance of the 
evidence. If a request for temporary, emergency or interim relief is denied, the hearing 
must be held as soon as practicable within the 21-day period. 
If the plaintiff requests electronic monitoring as a form of relief on the complaint, the 
plaintiff may introduce evidence at the full hearing indicating that electronic monitoring 
is an appropriate form of relief.  Electronic monitoring may not be a condition of 
temporary, emergency or interim relief and may only be granted after a full hearing. 
Sec. 5.  19-A MRSA §4007, sub-§1, ¶D-1 is enacted to read: 
D-1.  Directing the defendant to take part in an electronic monitoring program 
established by the Department of Public Safety pursuant to Title 25, section 2917.  
The court may order electronic monitoring only after giving consideration to whether: 
(1)  Physical, sexual or emotional abuse by the defendant has recently increased 
in severity or frequency; 
(2)  The defendant has ever threatened suicide or has tried to commit suicide; 
(3)  The defendant has ever tried to kill, or has threatened to kill, the plaintiff or 
any member of the plaintiff's household; 
(4)  The defendant has ever tried to use, or has threatened to use, a weapon 
against the plaintiff or any member of the plaintiff's household; 
(5)  The defendant has previously attempted to avoid arrest; 
(6)  The defendant uses illegal drugs or abuses alcohol; 
(7)  The defendant has displayed controlling behavior toward the plaintiff; 
(8)  The defendant has stalked or spied on the plaintiff or any member of the 
plaintiff's household; 
(9)  The defendant has harmed or has threatened to harm children; and 
(10)  The defendant is engaged in regular employment or other meaningful 
activities, such as education; 
Sec. 6.  25 MRSA §2917 is enacted to read: 
§2917.  Electronic monitoring program 
The Department of Public Safety shall establish and maintain an electronic 
monitoring program to monitor a defendant ordered by a court to participate in the 
program pursuant to Title 19-A, section 4007, subsection 1, paragraph D-1.  The program 
must include, but is not limited to, requirements that: 
1.  Device worn by defendant.  A defendant must wear at all times an electronic 
device that is capable of monitoring the defendant's location and immediately alerting the 
plaintiff and the appropriate law enforcement agency when the defendant is within a 
certain distance of the protected person or prohibited premises; 
2.  Notification to court.  An electronic device worn pursuant to subsection 1 must 
provide the court issuing the order under Title 15, chapter 12-A notification of an alert 
within 24 hours; and 
3.  Cost paid by defendant.  The defendant may pay for the cost of the electronic 
monitoring device and the cost of the service required to monitor the defendant, except in 
the case of indigency. 
The Department of Public Safety shall establish and maintain the electronic 
monitoring program within its existing resources except that it may receive funding from 
the Electronic Monitoring Fund established pursuant to Title 4, section 1060. 
Sec. 7.  34-A MRSA §1218, as enacted by PL 2011, c. 655, Pt. EEE, §1, is 
repealed. 
Sec. 8.  PL 2011, c. 655, Pt. EEE, §2 is repealed. 
Sec. 9.  Selection of electronic monitoring vendor.  By January 1, 2015, the 
Department of Public Safety shall develop and issue a request for proposals that will lead 
to the selection of a vendor that can provide an electronic monitoring system that satisfies 
the requirements of this Act.  This section takes effect 90 days after the adjournment of 
the First Regular Session of the 126th Legislature. 
Sec. 10.  Electronic monitoring pilot program.  By July 1, 2015, the 
Department of Public Safety shall begin operation of a pilot electronic monitoring 
program pursuant to this Act within 4 of the State's 16 counties.  By January 1, 2016, this 
program must be expanded to statewide coverage.  This section takes effect 90 days after 
the adjournment of the First Regular Session of the 126th Legislature. 
Sec. 11.  Effective date.  Except as otherwise provided, this Act takes effect 
January 1, 2016. 
SUMMARY 
This bill provides a new form of relief to Maine's existing protection from abuse laws 
by allowing those seeking a protection from abuse order to request that the defendant be 
subject to electronic monitoring.  Electronic monitoring may be ordered only after a full 
protection from abuse hearing and only after consideration of various domestic violence 
risk factors.  It directs the Department of Public Safety to establish an electronic 
monitoring program and authorizes the department to seek funding from the Electronic 
Monitoring Fund to support the program.  This bill repeals the electronic monitoring fund 
within the Department of Corrections and places it in the judicial branch.  These 
provisions take effect January 1, 2016. 
Beginning July 1, 2015, the electronic monitoring program would operate as a pilot 
program in 4 of Maine's counties, expanding to statewide coverage by January 1, 2016.