An Act To Restore Judicial Discretion
Maine Legislature, Session 128, LD 0309
Committee Amendment CA_A_S191 (Senate)

COMMITTEE AMENDMENT"{\" to S.P. 97, L.D. 309, Bill, "An Act To Restore 
Judicial Discretion" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Establish the Working Group To Restore Judicial Discretion' 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Working Group To Restore Judicial Discretion is created to review 
mandatory minimum sentences and make recommendations to support judicial discretion 
in sentencing; and 
Whereas, the review must be initiated before the 90-day period expires in order that 
the review may be completed and a report submitted in time for submission to the next 
legislative session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Working group established. Resolved: That the Working Group To 
Restore Judicial Discretion, referred to in this resolve as "the working group," is 
established; and be it further 
Sec. 2. Working group membership. Resolved: That the working group 
consists of 5 members appointed as follows: 
1. Two members of the Senate appointed by the President of the Senate, including a 
member from each of the 2 parties holding the largest number of seats in the Legislature; 
and 
COMMITTEE AMENDMENT 
~~· 
"" 
COMMITTEE AMENDMENT ''A. "to S.P. 97, L.D. 309 
2. Three members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature; and be it further 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
working group; and be it further 
Sec. 4. Appointments; convening of working group. Resolved: That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the working group. If 30 days or 
more after the effective date of this resolve a majority of but not all appointments have 
been made, the chairs may request authority and the Legislative Council may grant 
authority for the working group to meet and conduct its business; and be it further 
Sec. 5. Duties. Resolved: 
That the working group shall review mandatory 
minimum sentences that are currently required under state law and make 
recommendations to amend or repeal specific mandatory minimum sentence requirements 
as appropriate. In reviewing and making recommendations about mandatory minimum 
sentence requirements, the working group shall seek comments and recommendations 
from interested parties, including but not limited to prosecutors; criminal defense 
attorneys; the courts; providers of pretrial services; mental health organizations; providers 
of services, religious or otherwise, in correctional facilities; law enforcement; 
administrators of jails and other correctional facilities or programs; the Maine 
Commission on Indigent Legal Services; and the Criminal Law Advisory Commission; 
and be it further 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the working group; and be it further 
Sec. 7. Report. Resolved: That, no later than December 6, 2017, the working 
group shall submit a report that includes its findings and recommendations, including 
suggested legislation, for presentation to the Second Regular Session of the 128th 
Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This resolve establishes the Working Group To Restore Judicial Discretion to review 
and assess mandatory minimum sentences in state law. The working group consists of 2 
members of the Senate and 3 members of the House of Representatives and must invite 
comments and recommendations from interested parties, including but not limited to 
prosecutors; criminal defense attorneys; the courts; providers of pretrial services; mental 
health organizations; providers of services, religious or otherwise, in correctional 
facilities; law enforcement; administrators of jails and other correctional facilities or 
programs; the Maine Commission on Indigent Legal Services; and the Criminal Law 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to S.P. 97, L.D. 309 
Advisory Commission. The working group is required to submit a report to the Second 
Regular Session of the 128th Legislature that includes recommendations to repeal or 
amend specific mandatory minimum sentence requirements. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Legislative Cost/Study 
• 
Approved: 05/19/17 feae 
LD309 
LR 1009(02) 
An Act To Restore Judicial Discretion 
Fiscal Note for Bill as Amended by Committee Amendment ''A, 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $2,750 in fiscal year 2017-18. The Legislature's 
proposed budget includes $10,000 in fiscal year 2017-18 for legislative studies. Whether this amount is sufficient to 
fund all studies will depend on the number of studies authorized by the Legislative Council and the Legislature. The 
additional costs of providing staffing assistance to the study during the interim can be absorbed utilizing existing 
budgeted staff resources. 
LR1009(02) - Fiscal Note - Page 1 of 1