An Act To Facilitate the Use of Electronic Monitoring To Prevent Domestic Violence
Maine Legislature, Session 126, LD 0842
Committee Amendment CA_A_H296 (House)
Amends: 15 MRSA §1026, 17-A MRSA §1204, 34-A MRSA §1218, 34-A MRSA §1807

COMMITTEE AMENDMENT .,4" to H.P. 593, L.D. 842, Bill, "An Act To 
Facilitate the Use of Electronic Monitoring To Prevent Domestic Violence" 
Amend the bill by striking put the title and substituting the following: 
'An Act To Facilitate the Use of Electronic Monitoring' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA §1026, sub-§3, ~A, as repealed and replaced by PL 2007, c. 
518, §3, is amended to read: 
A. 
If, after consideration of the factors listed in subsection 4, the judicial officer 
determines that the release described in subsection 2-A will not reasonably ensure the 
appearance of the defendant at the time and place required, will not reasonably ensure 
that the defendant will refrain from any new criminal conduct, will not reasonably 
ensure the integrity of the judicial process or will not reasonably ensure the safety of 
others in the community, the judicial officer shall order the pretrial release of the 
defendant subject to the least restrictive further condition or combination of 
conditions that the judicial officer determines will reasonably ensure the appearance 
of the defendant at the time and place required, will reasonably ensure that the 
defendant will refrain from any new criminal conduct, will reasonably ensure the 
integrity of the judicial process and will reasonably ensure the safety of others in the 
community. These conditions may include that the defendant: 
(1) Remain in the custody of a designated person or organization agreeing to 
supervise the defendant, including a public official, public agency or publicly 
funded organization, if the designated person or organization is able to 
reasonably ensure the appearance of the defendant at the time and place required, 
that the defendant will refrain from any new criminal conduct, the integrity of the 
judicial process and the safety of others in the community. When it is feasible to 
do so, the judicial officer shall impose the responsibility upon the defendant to 
produce the designated person or organization. 
The judicial officer may 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 593, L.D. 842 
interview the designated person or organization to ensure satisfaction of both the 
willingness and ability required. The designated person or organization shall 
agree to notify immediately the judicial officer of any violation of release by the 
defendant; 
(2) Maintain employment or, if unemployed, actively seek employment; 
(3) Maintain or commence an educational program; 
(4) Abide by specified restrictions on personal associations, place of abode or 
travel; 
(5) Avoid all contact with a victim of the alleged crime, a potential witness 
regarding the alleged crime or with any other family or household members of 
the victim or the defendant or to contact those individuals only at certain times or 
under certain conditions; 
(6) Report on a regular basis to a designated law enforcement agency or other 
governmental agency; 
(7) Comply with a specified curfew; 
(8) Refrain from possessing a firearm or other dangerous weapon; 
(9) Refrain from use or excessive use of alcohol and from any use of drugs; 
(10) Undergo, as an outpatient, available medical or psychiatric treatment, or 
enter and remain, as a voluntary patient, in a specified institution when required 
for that purpose; 
(10-A) Enter and remain in a long-term residential facility for the treatment of 
substance abuse; 
(11) 
Execute an agreement to forfeit, in the event of noncompliance, such 
designated property, including money, as is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process and to ensure the safety of others in the community and post 
with an appropriate court such evidence of ownership of the property or such 
percentage of the money as the judicial officer specifies; 
(12) Execute a bail bond with sureties in such amount as is reasonably necessary 
to ensure the appearance of the defendant at the time and place required, to 
ensure that the defendant will refrain from any new criminal conduct, to ensure 
the integrity of the judicial process and to ensure the safety of others in the 
community; 
(13) Return to custody for specified hours following release for employment, 
schooling or other limited purposes; 
(14) Report on a regular basis to the defendant's attorney; 
(15) Notify the court of any changes of address or employment; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A" to H.P. 593, L.D. 842 
(16) 
Provide to the court the name, address and telephone number of a 
designated person or organization that will know the defendant's whereabouts at 
all times; 
(17) Inform any law enforcement officer of the defendant's condition of release 
if the defendant is subsequently arrested or summonsed for new criminal 
conduct; aBEl 
(18) 
Satisfy any other condition that is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process and to ensure the safety of others in the community7; and 
(19) Participate in an electronic monitoring program, if available. 
Sec. 2. 17-A MRSA §1204, sub-§2-A, ~L, as repealed and replaced by PL 1977, 
c. 53, §4, is amended to read: 
L. To perform specified work for the benefit of the State, a county, a municipality, a 
School Administrative District, other public entity or a charitable institution; ef 
Sec. 3. 17-A MRSA §1204, sub-§2-A,~, as enacted by PL 1977, c. 53, §4, is 
amended to read: 
M. To satisfy any other conditions reasonably related to the rehabilitation of the 
convicted person or the public safety or security7.;...QI 
Sec. 4. 17-A MRSA §1204, sub-§2-A, ~ 
is enacted to read: 
N. To participate in an electronic monitoring program, if available. 
Sec. 5. 34-A MRSA §1218, as enacted by PL 2011, c. 655, Pt. EEE, §1, is 
repealed. 
Sec. 6. 34-A MRSA §1807 is enacted to read: 
§1807. Electronic Monitoring Fund 
The Electronic Monitoring Fund, referred to in this section as "the fund," is 
established within the board and is a nonlapsing fund to be used by the board for the 
purpose of funding the use of electronic monitoring pursuant to Title 15, section 1026, 
subsection 3, paragraph A, subparagraph (19) and Title 17-A, section 1204, subsection 
2-A, paragraph N. The board may accept and deposit into the fund any monetary gifts, 
donations or other contributions from public or private sources, and funds in the fund 
must be used for the purposes specified in this section. 
Sec. 7. PL 2011, c. 655, Pt. EEE, §2 is repealed. 
Sec. 8. Development and implementation of a pilot project. The Maine 
Commission on Domestic and Sexual Abuse, to the extent practicable and as resources 
permit, shall assist the State Board of Corrections in developing and implementing an 
electronic monitoring pilot project. The commission shall report by February 15,2014 to 
the Joint Standing Committee on Criminal Justice and Public Safety on the progress in 
developing and implementing an electronic monitoring pilot project. The joint standing 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 593, L.D. 842 
committee may report out a bill implementing the recommendations of the commission to 
the Second Regular Session of the 126th Legislature. 
Sec. 9. 
Transfer; unexpended funds; Electronic Monitoring Fund. 
Notwithstanding any other provision of law, the State Controller shall transfer the 
unexpended balance in the Department of Corrections, Electronic Monitoring Fund to the 
State Board of Corrections, Electronic Monitoring Fund upon the effective date of this 
Act. 
Sec. 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
CORRECTIONS, STATE BOARD OF 
Electronic Monitoring Fund - State Board of Corrections N160 
Initiative: Provides a base allocation to establish the Electronic Monitoring Fund under 
the State Board of Corrections. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
This amendment replaces the bill and does the following. 
2013-14 
$500 
$500 
2014-15 
$500 
$500 
1. It provides that a judicial officer may require a defendant to participate in an 
electronic monitoring program as a condition of pretrial release. 
2. It provides that a judicial officer may require a person convicted of a crime to 
participate in an electronic monitoring program as a condition of probation. 
3. 
It establishes the Electronic Monitoring Fund within the State Board of 
Corrections and removes the fund from the purview of the Department of Corrections. 
4. It directs the Maine Commission on Domestic and Sexual Abuse, to the extent 
practicable and as resources permit, to assist the State Board of Corrections in developing 
and implementing an electronic monitoring pilot project. By February 15, 2014, the 
commission must report to the Joint Standing Committee on Criminal Justice and Public 
Safety on the progress in developing and implementing an electronic monitoring pilot 
project. The amendment authorizes the committee to report out a bill to the Second 
Regular Session of the 126th Legislature implementing the recommendations of the 
commission. 
5. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/29113 :tYac:.. 
LD842 
LR 101(02) 
An Act To Facilitate the Use of Electronic Monitoring To Prevent Domestic Violence 
Fiscal Note for Bill as Amended by Committee Amendment 'A (H -;l?,f.p) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
Projections 
FY 2015-16 
Projections 
FY 2016-17 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$500 
$500 
$500 
$500 
This bill includes an Other Special Revenue Funds allocation of $500 in fiscal years 2013-14 and 2014-15 to establish 
the Electronic Monitoring Fund under the State Board of Corrections. The amount of revenue that may accrue to the 
fund cannot be estimated at this time. 
LROlOl(02) - Fiscal Note - Page 1 of 1