An Act To Allow a Setoff of a Third-party Bailor's Property under Certain Conditions
Maine Legislature, Session 126, LD 1419
Committee: Criminal Justice and Public Safety
Sponsors: DION, GERZOFSKY, FREDETTE, FREY, MARKS, PLANTE
Amends: 15 MRSA §1074

Legislative Document 
No. 1419 
H.P. 1007 
House of Representatives, April 16, 2013 
An Act To Allow a Setoff of a Third-party Bailor's Property under 
Certain Conditions 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DION of Portland. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: FREDETTE of Newport, FREY of Bangor, MARKS of Pittston, PLANTE of 
Berwick. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §1074, as amended by PL 2003, c. 673, Pt. P, §1, is further 
amended to read: 
§1074.  Property of defendant and 3rd parties as bail 
1.  Cash.  Whenever cash is deposited as bail to secure the appearance of and 
conformance to conditions of release by a defendant in a criminal proceeding, either 
preconviction or post-conviction, the cash is deemed to be the property of the defendant 
unless, at the time the cash is deposited, the defendant or the person offering the cash as 
bail designates under oath another person to whom the cash belongs.  If a person other 
than the defendant has been designated as the owner of the cash, it must be returned to 
that person unless otherwise forfeited or subject to setoff under subsection 3-A.  If the 
defendant is deemed to be the owner of the cash, it must be returned to the defendant 
unless otherwise forfeited or subject to setoff as provided in this section. 
1-A.  Miscellaneous costs.  The Chief Justice of the Supreme Judicial Court is 
authorized to use General Fund appropriations to cover miscellaneous costs associated 
with the operation of the account of deposited cash bail. 
2.  Real estate.  When a defendant in a criminal proceeding is the owner of real estate 
and offers that real estate as security for appearance before any court, the defendant must 
file a bail lien and otherwise comply with the requirements of section 1071 as if the 
defendant were a surety.  A discharge of the bail lien is governed by section 1071, unless 
the bail has been forfeited or is subject to setoff in accordance with this section. 
3.  Setoff of defendant's property.  When a defendant has deposited cash or other 
property owned by the defendant as bail or has offered real estate owned by the defendant 
and subject to a bail lien as bail and the cash, other property or real estate has not been 
forfeited, the court, before ordering the cash or other property returned to the defendant or 
discharging the real estate bail lien, shall determine whether the cash, other property or 
real estate or any portion of the cash, other property or real estate is subject to setoff as 
authorized by this section.  The court may order all or a portion of the bail owned by a 
defendant that has not been forfeited to be first paid and applied to one or more of the 
following: 
A.  Any fine, forfeiture, penalty or fee imposed upon a defendant as part of the 
sentence for conviction of any offense arising out of the criminal proceeding for 
which the bail has been posted and the sentence for conviction of any offense in an 
unrelated civil or criminal proceeding; 
B.  Any amount of restitution the defendant has been ordered to pay as part of the 
sentence imposed in the proceeding for which bail has been posted and in any 
unrelated proceeding; 
C.  Any amount of attorney's fees or other expense authorized by the court at the 
request of the defendant or attorney and actually paid by the State on behalf of the 
defendant on the ground that the defendant has been found to be indigent in the 
proceeding for which bail has been posted and in any unrelated proceeding; and 
D.  Any surcharge imposed by Title 4, section 1057. 
The court shall apply any bail collected pursuant to this subsection first to restitution. 
3-A.  Setoff of 3rd party's property.  When a person other than the defendant has 
deposited cash or other property owned by the person as bail on behalf of the defendant 
or has offered real estate owned by the person and subject to a bail lien as bail on behalf 
of the defendant and the cash, other property or real estate has not been forfeited, the 
court, before ordering the cash or other property returned to the person or discharging the 
real estate bail lien, shall determine whether the cash, other property or real estate or any 
portion of the cash, other property or real estate is subject to setoff as authorized by this 
section. The court may order all or a portion of the bail owned by the person that has not 
been forfeited to be first paid and applied to one or more of the following: 
A.  Any fine, forfeiture, penalty or fee owed by the person arising out of any civil or 
criminal proceeding; 
B.  Any amount of restitution the person has been ordered to pay as part of any court 
proceeding; 
C.  Any amount of attorney's fees or other expense authorized by the court at the 
request of the person or the person's attorney and actually paid by the State on behalf 
of the person on the ground that the person has been found to be indigent in any 
proceeding; and 
D.  Any surcharge imposed by Title 4, section 1057. 
The court shall apply any bail collected pursuant to this subsection first to restitution. 
4.  Enforcement orders.  If the court determines that bail owned by a defendant or 
3rd party should be ordered set off as authorized by this section, the court may issue any 
appropriate orders considered necessary to enforce the setoff.  The orders may include, 
but are not limited to: 
A.  A direction to the clerk of courts to pay cash bail directly to a specified person, 
organization or government; 
B.  An order directed to a public official or the defendant requiring that other 
property or real estate be sold and the proceeds paid to a specified person, 
organization or government; and 
C.  An order requiring the defendant to convey clear and marketable title or other 
evidence of ownership of interest in real estate or other property to a specified person, 
organization or government. 
SUMMARY 
This bill allows a court to set off a portion of the bail posted by a 3rd person on 
behalf of a defendant to pay any fine, fee or restitution that is owed by the 3rd person.