An Act To Appropriate $500,000 for the Electronic Monitoring Fund
Maine Legislature, Session 127, LD 1002
Committee Amendment CA_A_H220 (House)
Amends: 15 MRSA §1026

COMMITTEE AMENDMENT "Ii" to H.P. 697, L.D. 1002, Bill, "An Act To 
Appropriate $500,000 for the Electronic Monitoring Fund" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding the Electronic Monitoring Program' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 15 MRSA §1026, sub-§3, ~A, as amended by PL 2013, c. 227, §l, 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 upOli the defendant to 
produce the designated person or organization. 
The judicial officer may 
COMMITTEE AMENDMENT 
0(6 
COMMITTEE AMENDMENT "/Jr" to H.P. 697, L.D. 1002 
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 fromany·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 
1\019 
I 
COMMITTEE AMENDMENT" ff., to H.P. 697, L.D. 1002 
(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 wi1l 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 in an electronic monitoring program, if available, and pay the 
costs of participation directly to the organization that provides electronic 
monitoring unless to do so would impose an undue hardship on the defendant.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds to the bill a requirement that a defendant ordered to participate 
in the electronic monitoring program must pay the costs of participation directly to the 
organization that provides electronic monitoring unless to do so would impose an undue 
hardship on the defendant. 
COMMITTEE AMENDMENT