An Act To Enact the Drug Trafficking Offender Registration and Notification Act
Maine Legislature, Session 128, LD 1333
Committee: Criminal Justice and Public Safety
Sponsors: LOCKMAN, CYRWAY, CEBRA, GERRISH, HARRINGTON, HERRICK, JOHANSEN, NADEAU, SKOLFIELD, STETKIS

Legislative Document
No. 1333
H.P. 927
House of Representatives, April 6, 2017
An Act To Enact the Drug Trafficking Offender Registration and 
Notification Act
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative LOCKMAN of Amherst.
Cosponsored by Senator CYRWAY of Kennebec and
Representatives: CEBRA of Naples, GERRISH of Lebanon, HARRINGTON of Sanford, 
HERRICK of Paris, JOHANSEN of Monticello, NADEAU of Winslow, SKOLFIELD of 
Weld, STETKIS of Canaan.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-A MRSA c. 21 is enacted to read: 
CHAPTER 21 
DRUG TRAFFICKING OFFENDER REGISTRATION AND NOTIFICATION 
ACT 
§11601.  Short title 
This chapter may be known and cited as "the Drug Trafficking Offender Registration 
and Notification Act."  The purpose of this chapter is to protect the public from 
potentially dangerous registrants and offenders by enhancing access to information 
concerning those registrants and offenders and to help curb drug trafficking in the State. 
§11602.  Application 
This chapter applies to: 
1.  Maine.  A person who commits criminal conduct and is sentenced in this State on 
or after October 1, 2017 as an adult or as a juvenile sentenced as an adult for that criminal 
conduct and that criminal conduct is a Tier I offense or Tier II offense; and 
2.  Other jurisdictions.  A person who commits criminal conduct and is sentenced in 
another jurisdiction for that criminal conduct on or after October 1, 2017 as an adult or as 
a juvenile sentenced as an adult for an offense that contains the essential elements of a 
Tier I offense or Tier  II offense. 
§11603.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Another state.  "Another state" means each of the several states except Maine and 
includes the District of Columbia, the Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa and the Northern Mariana Islands. 
2.  Bureau.  "Bureau" means the Department of Public Safety, Bureau of State 
Police, State Bureau of Identification. 
3.  Conditional release.  "Conditional release" means supervised release of a 
registrant or an offender from institutional confinement for placement on probation, 
parole, supervised community confinement, home release monitoring or release under 
Title 15, section 104-A or Title 17-A, chapter 54-G. 
4.  Discharge.  "Discharge" means unconditional release and discharge of a registrant 
from institutional confinement upon the expiration of a sentence or upon discharge under 
Title 15, section 104-A. 
5.  Domicile.  "Domicile" means the place where a person has that person's 
established, fixed, permanent or ordinary dwelling place or legal residence to which, 
whenever the person is absent, the person has the intention of returning.  A person may 
have more than one residence but only one domicile. 
6.  FBI.  "FBI" means the Federal Bureau of Investigation. 
7.  Jurisdiction.  "Jurisdiction" means the Federal Government, including the 
military, this State, another state or a tribe. 
8.  Law enforcement agency having jurisdiction.  "Law enforcement agency 
having jurisdiction" means the chief of police in the municipality where a registrant or an 
offender expects to be or is domiciled.  If the municipality does not have a chief of police, 
"law enforcement agency having jurisdiction" means the sheriff of the county where the 
municipality is located.  "Law enforcement agency having jurisdiction" also means the 
sheriff of the county in an unorganized territory. 
9.  Motor vehicle.  "Motor vehicle" means a vehicle that is required to be registered 
pursuant to Title 29-A, section 351. 
10.  Offender.  "Offender" means a person to whom this chapter applies pursuant to 
section 11602. 
11.  Registrant.  "Registrant" means a Tier I registrant or Tier II registrant. 
12.  Residence.  "Residence" means that place or those places, other than a domicile, 
in which a person may spend time living, residing or dwelling.  Proof that an offender has 
lived in the State for 14 days continuously or an aggregate of 30 days within a period of 
one year gives rise to a permissible inference under the Maine Rules of Evidence, Rule 
that the person has established a residence for the purposes of registration 
requirements imposed by this chapter. 
13.  Sentence.  "Sentence," in addition to any punishment alternatives, includes an 
involuntary commitment under Title 15, section 103, or similar statute from another 
jurisdiction, following a verdict of not criminally responsible by reason of insanity or 
similar verdict in another jurisdiction. 
14.  Tier I offense.  "Tier I offense" means a conviction for a violation of or for an 
attempt, solicitation or conspiracy to commit a violation of: 
A.  Title 17-A, section 1103 and the drug trafficked was one of the following 
Schedule W drugs: 
(1)  Methamphetamine as listed in Title 17-A, section 1102, subsection 1, 
paragraph A; 
(2)  Cocaine as listed in Title 17-A, section 1102, subsection 1, paragraph F; 
(3)  Heroin as listed in Title 17-A, section 1102, subsection 1, paragraph I; 
(4)  Fentanyl as listed in Title 17-A, section 1102, subsection 1, paragraph I; 
(5)  A hallucinogenic drug or its salts, isomers and salts of isomers possible 
within the chemical designations listed in Title 17-A, section 1102, subsection 1, 
paragraph O; or 
(6)  Synthetic hallucinogenic drugs as listed in Title 17-A, section 1102, 
subsection 1, paragraph P; or 
B.  Title 17-A, section 1124. 
15.  Tier II offense.  "Tier II offense" means a conviction for violation of or for an 
attempt or conspiracy to commit a violation of: 
A.  Title 17-A, section 1105-A; or 
B.  Title 17-A, section 1105-E. 
16.  Tier I registrant.  "Tier I registrant" means a person who is an adult convicted 
and sentenced or a juvenile convicted and sentenced as an adult for a Tier I offense. 
17.  Tier II registrant.  "Tier II registrant" means a person who is an adult convicted 
and sentenced or a juvenile convicted and sentenced as an adult for a Tier II offense. 
18.  Tribe.  "Tribe" means the Passamaquoddy Tribe, the Penobscot Nation or the 
Houlton Band of Maliseet Indians. 
§11604.  Rulemaking 
The bureau may adopt rules necessary to implement this chapter.  Rules adopted 
pursuant to this section are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A. 
§11605.  Maintenance of drug trafficking offender registry 
1.  Maintenance of registry.  The bureau shall establish and maintain a registry of 
persons required to register pursuant to this chapter, referred to in this section as "the 
registry."  After initial registration, the registry must include the following information on 
each registrant: 
A.  The registrant's name, aliases, date of birth, sex, race, height, weight, eye color, 
land line and cellular telephone numbers, Internet identifiers, mailing address and 
physical location of expected domicile and residence.  For purposes of this paragraph, 
"Internet identifiers" means e-mail addresses and other designations used for 
self-identification or routing in Internet communication or posting; 
B.  Place of employment and college or school being attended, if applicable, and the 
corresponding mailing address and physical location; 
C.  Offense history; 
D.  A current photograph and set of fingerprints; 
E.  A description of the offense for which the registrant was convicted, the date of 
conviction and the sentence imposed; 
F.  Whether the registrant is a Tier I registrant or Tier II registrant; 
G.  A copy of any driver's license information and copy of the driver's license; 
H.  A copy of any professional license; 
I.  Passport and immigration documents and social security number; 
J.  Temporary lodging and dates of travel; 
K.  Information about motor vehicles owned, leased or used and registration and 
location of those motor vehicles.  For purposes of this paragraph, "lease" means a 
transfer of the right to possession and use of a motor vehicle for a term of 30 days or 
more in return for consideration; and 
L.  Any other information the bureau determines important. 
2.  National or regional registry.  The bureau is authorized to make the registry 
available to and accept files from a national or regional registry of registrants for the 
purpose of sharing information. 
3.  Registration form.  The bureau shall develop a standardized registration form to 
be made available to the appropriate reporting authorities and persons required to register. 
4.  Verification form.  The bureau shall develop and mail a nonforwardable 
verification form to the last reported mailing address of each person required to meet the 
verification requirements of this chapter. 
5.  Distribution of information to department and law enforcement agencies.  
The bureau shall distribute information described in subsection 1 to the department and 
law enforcement agencies having jurisdiction over the mailing address and physical 
location of the registrant's domicile, residence, place of employment and college or 
school being attended, if applicable. 
6.  Criminal justice agency access to information.  The bureau shall provide access 
to the information described in subsection 1 to criminal justice agencies.  For purposes of 
this subsection, "criminal justice agency" has the same meaning as in Title 16, section 
703, subsection 4. 
7.  Public access to registrant information.  After initial registration, the bureau 
shall provide information to the public as follows. 
A.  The bureau shall post on the Internet for public inspection the following 
information concerning a registrant who is a Tier I registrant or Tier II registrant: 
(1)  The registrant's name, aliases and date of birth and a current photograph; 
(2)  The registrant's city or town of domicile and residence; 
(3)  The registrant's place of employment and college or school being attended, if 
applicable, and the corresponding mailing address and physical location; 
(4)  The statutory citation and name of the offense for which the registrant was 
convicted; 
(5)  Whether the registrant is a Tier I registrant or a Tier II registrant; 
(6)  Verification requirements and date of last verification; and 
(7)  The registrant's address and its location on a map. 
B.  The bureau shall establish an e-mail notification system to alert a member of the 
public who has subscribed annually to the e-mail notification system when a 
registrant moves into the subscriber's geographic area. 
C.  Upon receiving a written request that includes the name and date of birth of a 
registrant, the bureau shall provide the following information concerning a registrant 
to the requestor: 
(1)  The registrant's name, aliases, date of birth, sex, race, height, weight, eye 
color, mailing address and physical location of domicile and residence; 
(2)  The registrant's place of employment and college or school being attended, if 
applicable, and the corresponding mailing address and physical location; 
(3)  A description of the offense for which the registrant was convicted, the date 
of conviction and the sentence imposed; and 
(4)  The registrant's photograph. 
8.  Registrant access to information.  The bureau shall provide all information 
described in subsection 1 to a registrant who requests that person's own information. 
9.  Registry information.  Registry information created, collected or maintained by 
the bureau, including, but not limited to, information relating to the identity of persons 
accessing the registry, is confidential except information provided to the public pursuant 
to subsection 7. 
10.  Maintenance by bureau.  Only the bureau is authorized to maintain a drug 
trafficking offender registry on the Internet for purposes of public access. 
11.  Law enforcement agency website.  Notwithstanding subsection 10, a law 
enforcement agency may maintain its own drug trafficking offender website and may 
make that information available for use by the public if: 
A.  A notice is prominently posted on the website that expressly states that the 
website is not the official state drug trafficking offender registry under subsection 7, 
paragraph A and that the law enforcement agency posting the website is solely 
responsible for the website's content; 
B.  The website provides a link to the bureau's Internet drug trafficking offender 
registry under subsection 7, paragraph A; 
C.  The website contains information regarding only registrants who are domiciled, 
reside, attend college or school or work within the posting law enforcement agency's 
jurisdiction; and 
D.  The information on the website is updated by the law enforcement agency as 
frequently as available resources permit, but no less often than every 7 days.  The law 
enforcement agency shall also prominently post on the website the date and time of 
the most recent update to the website. 
12.  Access to registrant information existing in electronic form restricted.  
Notwithstanding Title 1, chapter 13: 
A.  The bureau may not disseminate in electronic form information about a registrant 
that is created, collected or maintained in electronic form by or for the bureau, except 
for the information provided pursuant to subsection 2 and made available to the 
public through the bureau's website pursuant to subsection 7, paragraph A and made 
available to the Background Check Center established pursuant to Title 22, chapter 
1691; and 
B.  Except for information made available to the public through a website maintained 
by a law enforcement agency pursuant to subsection 11, a law enforcement agency 
may not disseminate in electronic form information about a registrant that is collected 
or maintained in electronic form by or for that law enforcement agency. 
§11606.  Duty of offender to register 
1.  Notification by court, department, bureau or law enforcement agency.  An 
offender has a duty to register under this chapter after notification has been given to the 
offender by a court of jurisdiction, the department, the bureau or a law enforcement 
agency.  The court shall notify the offender at the time of sentence of the duty to register 
pursuant to this chapter.  Notification of the duty to register under this chapter also may 
be given to the offender at any time after the imposition of sentence. 
At any time, the bureau may correct the term of a registration erroneously assigned to an 
offender or registrant. In such instances, the bureau shall notify the offender or registrant, 
the district attorney and the court in the jurisdiction where the conviction occurred and 
the law enforcement agency having jurisdiction where the offender or registrant is 
domiciled, resides, is employed or attends college or school, if applicable. 
2.  When duty to register must be exercised.  Following notification by a court, the 
department, the bureau or a law enforcement agency under subsection 1, an offender shall 
register as follows. 
A.  If the offender is sentenced to a wholly suspended sentence with probation or 
administrative release, or to a punishment alternative not involving imprisonment, the 
duty to register is triggered at the time the person commences in actual execution of 
the wholly suspended sentence or at the time of sentence imposition when no 
punishment alternative involving imprisonment is imposed, unless the court orders a 
stay of execution, in which event the duty is triggered by the termination of the stay. 
B.  If the offender is sentenced to a straight term of imprisonment or to a split 
sentence, the duty to register is triggered by discharge or conditional release. 
C.  If the offender is committed under Title 15, section 103, the duty to register is 
triggered by discharge or conditional release under Title 15, section 104-A. 
D.  If the events stated in paragraphs A to C have passed, an offender must register 
within 3 days after having received notice of that duty from a court, the department, 
the bureau or a law enforcement agency. 
E.  Proof that the name and date of birth of the person notified of the duty to register 
pursuant to this chapter are the same as those of a person who has been found not 
guilty by reason of insanity or convicted of an offense requiring registration pursuant 
to this chapter gives rise to a permissible inference under the Maine Rules of 
Evidence, Rule 303 that the person notified of the duty to register is the same person 
as that person convicted of the offense requiring registration. 
3.  Duty to notify law enforcement agency.  An offender shall notify the law 
enforcement agency having jurisdiction in those areas where the offender is domiciled, 
resides, works or attends school within 24 hours of becoming a domiciliary or a resident 
or beginning work or attending school.  If the location is a municipality with an organized 
municipal police department, the law enforcement agency having jurisdiction is the 
municipal police department.  If the location is a school having an organized police 
department, the law enforcement agency having jurisdiction is the campus police 
department.  If the location is neither a municipality nor a school with an organized police 
department, the law enforcement agency having jurisdiction is the sheriff's department. 
4.  Responsibility of ensuring initial registration.  The department, the county jail 
or the state mental health institute that has custody of an offender shall inform the 
offender, prior to discharge or conditional release, of the duty to register.  If an offender 
does not serve a period of institutional confinement, the court shall inform the offender at 
the time of sentencing of the duty to register.  The department, county jail, state mental 
health institute or court shall: 
A.  Inform the offender of the duty to register and obtain the information required for 
the initial registration; 
B.  Inform the offender of the requirement to notify the law enforcement agency 
having jurisdiction pursuant to subsection 3; 
C.  Inform the offender that if the offender changes domicile or changes residence, 
place of employment or college or school being attended, the offender shall give the 
new address to the bureau in writing within 3 days and shall notify the law 
enforcement agency having jurisdiction within 24 hours; 
D.  Inform the offender that if that offender changes domicile to another jurisdiction, 
the offender shall register the new address with the bureau and if the new jurisdiction 
has a registration requirement, the offender shall register with a designated law 
enforcement agency in the new state not later than 3 days after establishing domicile 
in the new state; 
E.  Inform the offender that if that offender has part-time or full-time employment in 
another state, with or without compensation, for more than 14 consecutive days or for 
an aggregate period exceeding 30 days in a calendar year or if that offender enrolls in 
any type of school in another state on a part-time or full-time basis, the offender shall 
give the bureau the offender's place of employment or school to be attended in 
writing within 3 days after beginning work or attending school and if the other state 
has a registration requirement, shall register with the designated law enforcement 
agency in the other state; 
F.  Obtain fingerprints and a current photograph of the offender. The court may order 
the offender to submit to the taking of fingerprints and a photograph at a specified 
law enforcement agency within 3 days if the fingerprints and photograph have not 
already been obtained in connection with the offense that necessitates registration; 
and 
G.  Enforce the requirement that the offender read and sign a form provided by the 
bureau that states that the duty of the offender to register under this section has been 
explained. 
5.  Transfer of initial registration information to bureau and FBI.  The 
department, county jail, state mental health institute or court within 3 days of receipt of 
the information described in subsection 4 shall forward the information to the bureau.  If 
the court orders the offender to submit to the taking of fingerprints and a photograph at a 
specified law enforcement agency, the law enforcement agency shall submit the 
fingerprints and photograph to the bureau within 3 days.  The bureau shall immediately 
enter the information into the registration system, notify the law enforcement agencies 
having jurisdiction where the offender expects to be domiciled and reside and transmit 
the information to the FBI for inclusion in a national criminal history record database. 
6.  Verification.  During the period a registrant is required to register, the bureau 
shall require the registrant to verify all registration information unless verifications are 
suspended.  The following provisions govern the verification of registration information. 
A.  At least 10 days prior to the required verification date, the bureau shall mail a 
nonforwardable verification form to the last reported mailing address of the 
registrant.  The verification form is deemed received 3 days after mailing unless 
returned by postal authorities. 
B.  The registrant shall bring the completed verification form and a current 
photograph of the registrant to the law enforcement agency having jurisdiction within 
days of receipt of the form. 
C.  The law enforcement agency having jurisdiction shall verify the registrant's 
identity, have the registrant sign the verification form, take the registrant's 
fingerprints, complete the law enforcement portion of the verification form and 
immediately forward the fingerprints, photograph and form to the bureau. 
7.  Frequency of verification.  The frequency of in-person verification of 
registration information is dependent upon the registrant's tier classification as follows. 
A.  A Tier II registrant shall register for the duration of the registrant's life and shall 
verify registration information every 3 months after the registrant's initial registration 
date. 
B.  A Tier I registrant shall register for 10 years and shall verify registration 
information annually after the registrant's initial registration date. 
8.  Change of domicile, residence, place of employment or college or school being 
attended.  An offender or registrant shall notify the bureau in writing of a change of 
residence, domicile, place of employment or college or school being attended within 3 
days and shall notify the law enforcement agency having jurisdiction within 24 hours 
after changing that domicile, residence, place of employment or college or school being 
attended. 
A.  If the offender or registrant establishes a new domicile, residence, place of 
employment or college or school being attended in the State, the bureau shall notify, 
within 3 days, both the law enforcement agency having jurisdiction where the 
offender or registrant was formerly domiciled or resided or was employed or enrolled 
and the law enforcement agency having jurisdiction where the offender or registrant 
is currently domiciled, residing, employed or enrolled. 
B.  If the offender or registrant establishes a domicile, residence, place of 
employment or college or school being attended in another state, the bureau shall 
notify, within 3 days, the law enforcement agency having jurisdiction where the 
offender or registrant was formerly domiciled or resided or was employed or enrolled 
and the law enforcement agency having jurisdiction where the offender or registrant 
is currently domiciled, residing, employed or enrolled. 
§11607.  Duty of person establishing domicile or residence in this State to register 
A person who has been sentenced for a military, tribal or federal offense that includes 
the essential elements of a Tier I offense or Tier II offense shall register as a Tier I 
registrant or a Tier II registrant, whichever is applicable, within 3 days and shall notify 
the law enforcement agency having jurisdiction within 24 hours of establishing domicile 
or residence in this State.  The person shall contact the bureau, which shall provide the 
person with the registration form and direct the person to take the form and a current 
photograph of the person to the law enforcement agency having jurisdiction.  The law 
enforcement agency shall supervise the completion of the form, take the person's 
fingerprints and immediately forward the form, photograph and fingerprints to the 
bureau. 
§11608.  Duty of person employed or attending college or school in this State to 
register 
The following provisions govern registration duties for a person not domiciled or 
residing in this State but who is employed or attending college or school in this State. 
1.  Time.  A person who has been sentenced for an offense that includes the essential 
elements of a Tier I or Tier II offense shall register as a Tier I registrant or a Tier II 
registrant, whichever is applicable, within 3 days and shall notify the law enforcement 
agency having jurisdiction: 
A.  Within 24 hours of beginning full-time or part-time employment, with or without 
compensation, for more than 14 consecutive days or for an aggregate period 
exceeding 30 days in a calendar year in this State; or 
B.  Within 24 hours of beginning college or school on a full-time or part-time basis in 
this State. 
2.  Process for notifying bureau.  The person under subsection 1 shall contact the 
bureau, which shall provide the person with a registration form and direct the person to 
take the form and a current photograph of the person to the law enforcement agency 
having jurisdiction.  The law enforcement agency shall supervise the completion of the 
form, take the person's fingerprints and immediately forward the form, photograph and 
fingerprints to the bureau. 
§11609.  Duration of registration 
The following provisions govern the duration of registration. 
1.  Offender convicted and sentenced in State for Tier I offense.  An offender 
convicted and sentenced in this State for a Tier I offense shall register for a period of 10 
years.  The 10-year period commences from the date the person initially registers once 
the legal duty arises under section 11606, subsection 2. 
2.  Offender convicted and sentenced in another jurisdiction for Tier I offense.  
An offender convicted and sentenced in another jurisdiction and required to register in 
this State pursuant to section 11607 or 11608 shall register for a period of 10 years or as 
provided in subsection 7.  The following provisions apply. 
A.  A Tier I registrant shall register in this State for a period of 10 years if, pursuant 
to the other jurisdiction's drug trafficking offender registration statute, the registration 
period is for a period of no more than 10 years.  The 10-year period commences from 
the date the person initially registers in this State once the legal duty to register arises 
under section 11607 or 11608.  However, the Tier I registrant may receive 
day-for-day credit for the time actually registered pursuant to the other jurisdiction's 
drug trafficking offender registration statute prior to registering in this State upon 
applying to the bureau for credit.  The bureau may grant credit if the registrant 
provides sufficient documentation in accordance with any rules adopted by the 
bureau. 
B.  A Tier I registrant shall register for a period of 10 years if registration was not 
required in that other jurisdiction and the person has been sentenced in that 
jurisdiction for a crime that includes the essential elements of a Tier I offense.  The 
10-year period commences from the date the person initially registers in this State 
once the legal duty to register arises under section 11607 or 11608.  However, the 
Tier I registrant may receive day-for-day credit from the time of sentencing in the 
other jurisdiction to when the offender initially registers in this State once the legal 
duty to register arises under section 11607 or 11608 and upon applying to the bureau 
for credit.  The bureau may grant credit if the registrant provides sufficient 
documentation in accordance with any rules adopted by the bureau. 
3.  Offender convicted and sentenced in State for Tier II offense.  An offender 
convicted and sentenced in this State for a Tier II offense shall register for the duration of 
the offender's life. 
4.  Offender convicted and sentenced in another jurisdiction for Tier II offense.  
An offender convicted and sentenced in another jurisdiction and required to register in 
this State pursuant to section 11607 or 11608 shall register for the duration of the 
registrant's life. 
A.  A Tier II registrant shall register in this State for the duration of the registrant's 
life if, pursuant to the other jurisdiction's drug trafficking offender registration statute, 
the registration period is for the duration of the offender's life. 
B.  A Tier II registrant shall register in this State for the duration of the registrant's 
life if registration was not required in that other jurisdiction and the person was 
convicted and sentenced in that jurisdiction for a crime that includes the essential 
elements of a Tier II offense. 
5.  Additional offense.  Notwithstanding section 11603, subsection 14, a person who 
has been convicted and sentenced at any time for 2 or more offenses each of which is a 
Tier I offense or includes the essential elements of a Tier I offense is required to register 
as a Tier II registrant.  For purposes of this subsection, convictions that occur on the same 
day count as separate offenses. 
6.  Suspending verifications.  Notwithstanding any other provision of this section, 
the bureau, pursuant to any rules the bureau may adopt, may suspend the requirement that 
the registrant or offender verify registration information during any period in which a 
registrant or offender: 
A.  Leaves this State, establishes a domicile or residence in another state and remains 
physically absent from this State; 
B.  Is incarcerated; or 
C.  Is incapacitated or hospitalized. 
7.  Relief from duty to register.  The following provisions apply to relief from the 
duty to register. 
A.  An offender's or a registrant's duty to register is not required if the circumstances 
triggering the registration requirements under section 11607 or 11608 no longer exist. 
B.  If the underlying conviction in this State or in another jurisdiction that triggers the 
registration requirement is reversed, vacated or set aside or if the offender or 
registrant is pardoned for the crime, registration is no longer required. 
§11610.  Duty of person traveling beyond the jurisdiction of the United States 
An offender shall notify the bureau at least 21 days prior to travel beyond the 
jurisdiction of the United States.  The offender shall provide the bureau with information 
about the date of departure from and return to the United States and the destination 
beyond the jurisdiction of the United States. 
§11611.  Fee 
The bureau may charge a $25 annual fee to persons required to register under this 
chapter.  Registrants shall pay the fee at the time of initial registration and shall pay the 
fee on each anniversary of their initial registration. 
The fee must be credited to the General Fund and the Highway Fund in an amount 
consistent with budgeted appropriations and allocations in the fiscal year of the credit. 
§11612.  Violation 
1.  Failure to comply; first offense.  An offender who fails to comply with any duty 
imposed under this chapter or a rule adopted pursuant to this chapter commits a Class D 
crime for which the court shall impose a period of incarceration of at least 30 days, none 
of which may be suspended by the court. 
2.  Failure to comply; 2nd offense.  A person who has one prior conviction under 
this section and who fails to comply with any duty imposed under this chapter or a rule 
adopted pursuant to this chapter commits a Class C crime for which the court shall 
impose a period of incarceration of at least 6 months, none of which may be suspended 
by the court. 
3.  Failure to comply; 3rd offense.  A person who has 2 or more prior convictions 
under this section and who fails to comply with any duty imposed under this chapter or a 
rule adopted pursuant to this chapter commits a Class B crime for which the court shall 
impose a period of incarceration of at least one year, none of which may be suspended by 
the court. 
4.  Strict liability.  Violation of this section is a strict liability crime as defined in 
Title 17-A, section 34, subsection 4-A. 
5.  Prior convictions.  Title 17-A, section 9-A governs the use of prior convictions 
when determining a sentence. 
6.  Affirmative defense.  It is an affirmative defense that the failure to comply with a 
duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from 
just cause. 
7.  Permissible inference.  Proof that the name and date of birth of the person 
charged with a violation of this section are the same as those of a person who has been 
sentenced for an offense requiring registration pursuant to this chapter gives rise to a 
permissible inference under the Maine Rules of Evidence, Rule 303 that the person 
charged with a violation of this section is the same person as that person convicted of the 
offense requiring registration. 
§11613.  Certification by record custodian 
1.  Certificate admissible.  Notwithstanding any other law or rule of evidence, a 
certificate by the custodian of the records of the bureau, when signed and sworn to by that 
custodian, or the custodian's designee, is admissible in a judicial or administrative 
proceeding as prima facie evidence of any fact stated in the certificate or in any 
documents attached to the certificate. 
2.  Qualified witness.  With 10 days' written notice to the prosecution, the defendant 
may request that a qualified witness testify to the matters of which the certificate under 
subsection 1 constitutes prima facie evidence.  The notice must specify those matters 
concerning which the defendant requests testimony.  The certificate is not prima facie 
evidence in those matters. 
§11614.  Registrant's right against unreasonable search suspended; duty to notify 
law enforcement official of suspension 
1.  Suspension of right against unreasonable searches.  During the duration of the 
period of registration under section 11609, a registrant's right against unreasonable 
searches under the United States Constitution, Amendment IV and the Constitution of 
Maine, Article I, Section 5 is suspended and the registrant must submit to being searched 
for illegal drugs at the request of a law enforcement officer at any time with or without 
articulable suspicion, probable cause or a search warrant.  A search under this section 
may include: 
A.  The registrant's person; 
B.  The registrant's motor vehicle, residence and personal effects; 
C.  If the registrant is a passenger in a motor vehicle, that motor vehicle; and 
D.  If a registrant is present in the residence of a 3rd party and the 3rd party is aware 
of the registrant's status as a registrant, the 3rd party's residence. 
2.  Duty to notify law enforcement officer.  A registrant who comes in contact with 
a law enforcement officer during the duration of registration under section 11609 
immediately shall notify the law enforcement officer of the registrant's status as a 
registrant and of the registrant's duty to submit to a search for illegal drugs upon request 
of a law enforcement officer. 
§11615.  Immunity from liability 
Neither the failure to perform the requirements of this chapter nor compliance with 
this chapter subjects any state, municipal or county official or employee to liability in a 
civil action.  The immunity provided under this section applies to the release of relevant 
information to other officials or employees or to the general public. 
§11616.  Community education 
The department shall provide law enforcement agencies technical assistance 
concerning community education curricula for purposes of notification to the public of a 
registrant's conditional release or discharge. 
§11617.  Mandatory notification of conditional release or discharge of registrants 
The department, county jails, state mental health institutes and the bureau are 
governed by the following notice provisions when a registrant is conditionally released or 
discharged. 
1.  Duties.  The department, a county jail or a state mental health institute shall give 
the bureau notice of the following: 
A.  The address where the registrant will be domiciled and reside; 
B.  The address where the registrant will work and attend college or school, if 
applicable; 
C.  The mailing address of the registrant; and 
D.  The geographic area to which a registrant's conditional release is limited, if any. 
2.  Duties of the bureau.  Upon receipt of the information concerning the conditional 
release or discharge of a registrant pursuant to subsection 1, the bureau shall forward the 
information to all law enforcement agencies that have jurisdiction in those areas where 
the registrant may be domiciled, reside, work or attend college or school. 
§11618.  Public notification 
1.  Department.  Upon the conditional release or discharge of a registrant from a 
state correctional institution, the department shall give notice of the information under 
section 11617, subsection 1 to members of the public the department determines 
appropriate to ensure public safety. 
2.  Law enforcement agencies.  Upon receipt of the information concerning the 
conditional release or discharge of a registrant pursuant to section 11617, subsection 2, a 
law enforcement agency shall notify members of the public that the law enforcement 
agency determines appropriate to ensure public safety. 
SUMMARY 
This bill creates the Drug Trafficking Offender Registration and Notification Act, 
structured like the Sex Offender Registration and Notification Act of 2013, for the 
registration of persons convicted of certain drug trafficking offenses on or after October 
1, 2017.  This bill also suspends for the period of registration a registrant's rights against 
unreasonable searches under the United States Constitution, Amendment IV.