An Act Concerning Electronic Monitoring and Increased Bail for Certain Crimes Involving Violence
Maine Legislature, Session 127, LD 1155
Committee: Criminal Justice and Public Safety
Sponsors: PICCHIOTTI, WHITTEMORE, BECK, COOPER, GUERIN, LONGSTAFF, NADEAU, NUTTING, SAVIELLO
Amends: 15 MRSA §1023, 15 MRSA §1026, 15 MRSA §1032

Legislative Document 
No. 1155 
H.P. 793 
House of Representatives, March 31, 2015 
An Act Concerning Electronic Monitoring and Increased Bail for 
Certain Crimes Involving Violence 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative PICCHIOTTI of Fairfield. 
Cosponsored by Senator WHITTEMORE of Somerset and 
Representatives: BECK of Waterville, COOPER of Yarmouth, GUERIN of Glenburn, 
LONGSTAFF of Waterville, McCABE of Skowhegan, NADEAU of Winslow, NUTTING of 
Oakland, Senator: SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §1023, sub-§4, ¶C, as repealed and replaced by PL 2013, c. 
424, Pt. A, §6, is amended to read: 
C.  In a case involving domestic violence, set preconviction bail for a defendant 
before making a good faith effort to obtain from the arresting officer, the responsible 
prosecutorial office, a jail employee or other law enforcement officer: 
(1)  A brief history of the alleged abuser; 
(2)  The relationship of the parties; 
(3)  The name, address, phone number and date of birth of the victim;  
(4)  Existing conditions of protection from abuse orders, conditions of bail and 
conditions of probation; 
(5)  Information about the severity of the alleged offense, including, when 
feasible, information from the victim when the alleged offense is a violation of 
Title 17-A, section 207, 207-A, 208, 208-B, 208-C, 209, 209-A, 210, 210-A, 
210-B, 210-C, 211, 211-A or 213; and 
(6)  Beginning no later than January 1, 2015, the results of a validated, evidence-
based domestic violence risk assessment recommended by the Maine 
Commission on Domestic and Sexual Abuse, established in Title 5, section 
12004-I, subsection 74-C, and approved by the Department of Public Safety 
conducted on the alleged abuser when the results are available; 
Sec. 2.  15 MRSA §1026, sub-§3, ¶A, as amended by PL 2013, c. 227, §1, is 
further 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 
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; 
(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;  
(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 community; and 
(19) Participate Except for a defendant subject to the requirements of subsection 
3-A, participate in an electronic monitoring program, if available. 
Sec. 3.  15 MRSA §1026, sub-§3-A is enacted to read: 
3-A.  Electronic monitoring program.  Every order for the pretrial release of a 
defendant who is released on bail for an alleged violation of Title 17-A, section 207, 
207-A, 208, 208-B, 208-C, 209, 209-A, 210, 210-A, 210-B, 210-C, 211, 211-A or 213 
must include a requirement that the defendant participate in an electronic monitoring 
program, if an electronic monitoring program is available, and pay the full cost of 
participation in that program. 
Sec. 4.  15 MRSA §1026, sub-§4, as amended by PL 2011, c. 680, §2, is further 
amended to read: 
4.  Factors to be considered in release decision.  In setting bail, the judicial officer 
shall, on the basis of an interview with the defendant, information provided by the 
defendant's attorney and, information provided by the attorney for the State or an 
informed law enforcement officer if the attorney for the State is not available, when 
feasible any information from the victim when the alleged offense is a violation of Title 
17-A, section 207, 207-A, 208, 208-B, 208-C, 209, 209-A, 210, 210-A, 210-B, 210-C, 
211, 211-A or 213, and other reliable information that can be obtained, shall take into 
account the available information concerning the following: 
A.    The nature and circumstances of the crime charged; 
B.    The nature of the evidence against the defendant; and 
C.  The history and characteristics of the defendant, including, but not limited to: 
(1)  The defendant's character and physical and mental condition; 
(2)  The defendant's family ties in the State; 
(3)  The defendant's employment history in the State; 
(4)  The defendant's financial resources; 
(5)  The defendant's length of residence in the community and the defendant's 
community ties; 
(6)  The defendant's past conduct, including any history relating to drug or 
alcohol abuse; 
(7)  The defendant's criminal history, if any; 
(8)  The defendant's record concerning appearances at court proceedings; 
(9)  Whether, at the time of the current offense or arrest, the defendant was on 
probation, parole or other release pending trial, sentencing, appeal or completion 
of a sentence for an offense in this jurisdiction or another; 
(9-A)  Any evidence that the defendant poses a danger to the safety of others in 
the community, including the results of a validated, evidence-based domestic 
violence risk assessment recommended by the Maine Commission on Domestic 
and Sexual Abuse, established in Title 5, section 12004-I, subsection 74-C, and 
approved by the Department of Public Safety; 
(10)  Any evidence that the defendant has obstructed or attempted to obstruct 
justice by threatening, injuring or intimidating a victim or a prospective witness, 
juror, attorney for the State, judge, justice or other officer of the court; and 
(11)  Whether the defendant has previously violated conditions of release, 
probation or other court orders, including, but not limited to, violating protection 
from abuse orders pursuant to Title 19, section 769 or Title 19-A, section 4011. 
Sec. 5.  15 MRSA §1032 is enacted to read: 
§1032.  Additional bail requirements applicable to certain crimes 
Notwithstanding any provision of law to the contrary, if bail has been set for a 
violation of Title 17-A, section 207, 207-A, 208, 208-B, 208-C, 209, 209-A, 210, 210-A, 
210-B, 210-C, 211, 211-A or 213, the requirements of this section apply in addition to 
any applicable conditions imposed under this subchapter.  For a violation of section 207, 
207-A, 208, 208-B or 208-C, the minimum amount at which bail may be set is $4,000.  
For a violation of section 209, 209-A, 210, 210-A, 210-B, 210-C, 211, 211-A or 213, the 
minimum amount at which bail may be set is $2,000.  Bail set pursuant to this section 
must be paid in full in cash without the use of a bond or surety. 
SUMMARY 
This bill requires a minimum cash bail for defendants charged with certain crimes 
under the Maine Revised Statutes, Title 17-A.  The bill requires a minimum cash bail of 
$4,000 for a charge of assault under section 207, domestic violence assault under section 
207-A, aggravated assault under section 208, elevated aggravated assault under section 
208-B or elevated aggravated assault on a pregnant person under section 208-C.   The bill 
requires a minimum cash bail of $2,000 for a charge of criminal threatening under section 
209, domestic violence criminal threatening under section 209-A, terrorizing under 
section 210, stalking under section 210-A, domestic violence terrorizing under section 
210-B, domestic violence stalking under section 210-C, reckless conduct under section 
211, domestic violence reckless conduct under section 211-A or aggravated reckless 
conduct under section 213. 
The bill provides that a defendant who is released on bail on a charge of a violation of 
Title 17-A, section 207, 207-A, 208, 208-B, 208-C, 209, 209-A, 210, 210-A, 210-B, 
210-C, 211, 211-A or 213 must be required to participate in an electronic monitoring 
program, if an electronic monitoring program is available, and must be required to pay 
the full cost of participation in that program. 
The bill requires bail commissioners and judicial officers when setting preconviction 
bail for a defendant for an alleged violation of Title 17-A, section 207, 207-A, 208, 
208-B, 208-C, 209, 209-A, 210, 210-A, 210-B, 210-C, 211, 211-A or 213, when feasible, 
to obtain information from the victim.