An Act Regarding Court Orders for Completion of a Batterers Intervention Program in Domestic Violence Cases
Maine Legislature, Session 128, LD 0814
Committee: Criminal Justice and Public Safety
Sponsors: ROSEN, WARREN, CYRWAY, KATZ, GERRISH, NADEAU, PICCHIOTTI, RECKITT
Amends: 17-A MRSA §1151, 17-A MRSA §1204

Legislative Document
No. 814
S.P. 259
In Senate, March 2, 2017
An Act Regarding Court Orders for Completion of a Batterers' 
Intervention Program in Domestic Violence Cases
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator ROSEN of Hancock.
Cosponsored by Representative WARREN of Hallowell and
Senators: CYRWAY of Kennebec, KATZ of Kennebec, Representatives: GERRISH of 
Lebanon, NADEAU of Winslow, PICCHIOTTI of Fairfield, RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1151, sub-§7, as enacted by PL 1975, c. 499, §1, is 
amended to read: 
7.    To promote the development of correctional programs which that elicit the 
cooperation of convicted persons; and 
Sec. 2.  17-A MRSA §1151, sub-§8, ¶B, as amended by PL 2005, c. 551, §1, is 
further amended to read: 
B.  The selection by the defendant of the person against whom the crime was 
committed or of the property that was damaged or otherwise affected by the crime 
because of the race, color, religion, sex, ancestry, national origin, physical or mental 
disability, sexual orientation or homelessness of that person or of the owner or 
occupant of that property.; and 
Sec. 3.  17-A MRSA §1151, sub-§9 is enacted to read: 
9.  To recognize domestic abuse as a serious crime against the individual and society 
and to recognize batterers' intervention programs certified pursuant to Title 19-A, section 
4014 as the most appropriate and effective community intervention in cases involving 
domestic abuse. 
Sec. 4.  17-A MRSA §1204, sub-§6 is enacted to read: 
6.  If a person is convicted of a crime under chapter 9 or 13 or section 758 that the 
State pleads and proves was committed by the person against a spouse, domestic partner 
or sexual partner; a former spouse, domestic partner or sexual partner; an individual with 
whom the person is living or lived as a spouse; or an individual who is or was a dating 
partner of the person and the court does not order as a condition of probation that the 
person complete a batterers' intervention program certified pursuant to Title 19-A, section 
4014, the court shall make findings on the record of the court's reasons for not ordering 
the person to complete a batterers' intervention program.  For purposes of this subsection, 
"dating partner" means an individual currently or formerly involved in dating the person, 
whether or not the individual and the person are or were sexual partners.  For purposes of 
this subsection, "domestic partner" means one of 2 unmarried adults who are domiciled 
together under a long-term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's welfare. 
SUMMARY 
This bill requires a court to provide justification when participation in a batterers' 
intervention program is not ordered in sentencing a person for certain crimes against a 
current or former spouse, domestic partner, sexual partner or dating partner or an 
individual with whom the person is living or lived as a spouse.  The bill adds an 
additional purpose to the sentencing provisions of the Maine Criminal Code.  The 
additional purpose recognizes domestic abuse as a serious crime and recognizes certified 
batterers' intervention programs as the most appropriate and effective community 
intervention in cases involving domestic abuse.