An Act To Make a Person Convicted of a Crime Liable for Payment of Investigative and Prosecutorial Costs
Maine Legislature, Session 128, LD 0102
Committee: Criminal Justice and Public Safety
Sponsors: STEWART, ROSEN, FREDETTE, GERRISH, HERRICK, JOHANSEN, SAMPSON, WARD
Amends: 17-A MRSA §1301

Legislative Document
No. 102
H.P. 70
House of Representatives, January 17, 2017
An Act To Make a Person Convicted of a Crime Liable for Payment 
of Investigative and Prosecutorial Costs
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative STEWART of Presque Isle.
Cosponsored by Senator ROSEN of Hancock and
Representatives: FREDETTE of Newport, GERRISH of Lebanon, HERRICK of Paris, 
JOHANSEN of Monticello, SAMPSON of Alfred, WARD of Dedham.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1301, sub-§7 is enacted to read: 
7.  In addition to any other authorized sentencing alternative, the court shall impose 
on a person convicted of a crime under this code a fine of an amount equal to the actual 
costs of investigation and prosecution of the crime for which the person is convicted that 
have been incurred by the office of the attorney for the State, a law enforcement agency 
or any other governmental entity that requests payment of such costs. 
A.  Notwithstanding any provision of law to the contrary, the court shall impose a 
fine under this subsection notwithstanding the financial incapacity of the convicted 
person to pay the fine. 
B.  The court shall require the convicted person to pay the fine within a specified 
period of time or in specified installments, consistent with section 1303, except that 
the end of such period or the last such installment may not be later than: 
(1)  The end of a period of probation, if the sentence imposed by the court on the 
convicted person includes a term of imprisonment with probation; 
(2)  If the sentence imposed by the court on the convicted person does not include 
a period of probation, 5 years after the end of the term of imprisonment imposed; 
or 
(3)  If the sentence imposed by the court does not include a term of 
imprisonment, and in all other circumstances, 5 years after the date on which the 
court imposes the sentence on the convicted person. 
C.  The expiration of the period for payment of the fine under paragraph B does not 
relieve the convicted person of the obligation to pay any unpaid portion of the fine 
imposed under this subsection. 
D.  If the sentence imposed by the court on the convicted person includes a period of 
probation, payment of the fine imposed under this subsection must be imposed as a 
condition of probation in accordance with section 1204. 
E.  The amount of the fine to be imposed under this subsection must be established by 
the court by a preponderance of the evidence.  The burden of demonstrating the 
amount of the costs incurred by the office of the attorney for the State, a law 
enforcement agency or any other governmental entity requesting payment of costs is 
on the attorney for the State.  The burden of demonstrating the financial resources 
and financial needs of the convicted person is on the convicted person. 
F.  Costs for the office of the attorney for the State must be set by the court in all 
cases at no less than $50 per case when a Class D or Class E crime is charged and no 
less than $100 per case when murder or a Class A, Class B or Class C crime is 
charged.  The court may set a higher amount upon a showing of sufficient proof of 
higher costs incurred by the office of the attorney for the State. 
G.  Costs recovered under this subsection on behalf of the office of the attorney for 
the State, a law enforcement agency or other governmental entity must be remitted to 
the Treasurer of State for disbursement.  Costs recovered under this subsection by the 
office of the attorney for the State, a law enforcement agency or other governmental 
entity must be used for actual costs incurred in investigating and prosecuting criminal 
cases, including payment of the salaries of permanent employees. 
SUMMARY 
This bill amends the Maine Criminal Code to require that a court impose on a person 
convicted of a crime under the code a fine of an amount equal to the actual costs of 
investigation and prosecution of the crime for which the person is convicted that have 
been incurred by the office of the attorney for the State, a law enforcement agency or any 
other governmental entity that requests payment of such costs.  Costs recovered under 
this provision must be returned to the office of the attorney for the State, a law 
enforcement agency or governmental entity that incurred the costs and must be used for 
actual costs incurred by such entities in investigating and prosecuting criminal cases.