An Act To IO Reduce the Cost of Pretrial Detention
Maine Legislature, Session 128, LD 0516
Committee Amendment CA_A_S264 (Senate)
Amends: 17-A MRSA §1205-C, 30-A MRSA §1662, 34-A MRSA §1219

COMMITTEE AMENDMENT "A" to S.P. 177, L.D. 516, Bill, "An Act To 
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Reduce the Cost of Pretrial Detention" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Improve the Management oflnmates in County and Regional Jails' 
Amend the bill by striking out everything after the en~cting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §1205-C, sub-§4, as amended by PL 2015, c. 436, §8, is 
further amended to read: 
4. At the initial appearance, the court shall advise the probationer of the contents of 
the motion, the right to a hearing on the motion, the right to be represented by counsel at 
a hearing and the right to appointed counsel. If the probationer can not afford counsel, 
the court shall appoint counsel for the probationer. 
The court shall call upon the 
probationer to admit or deny the alleged violation. If the probationer refuses to admit or 
deny, a denial must be entered. In the case of a denial, the court shall set the motiqn for 
hearing and may commit the probationer, with or without bail, pending hearing. If the 
probationer is committed without bail pending hearing, the date of the hearing must be set 
no later than 45 days from the date of the initial appearance unless otherwise ordered by 
the oourt. 
Sec. 2. 30-A MRSA §1662 is enacted to read: 
§1662. County jail and regional jail reporting 
1. County jail and regional jail interjail boarding rates. Beginning November 1, 
2017, a county jail or regional jail shall report to the Department of Corrections on a form 
provided by and on a schedule established by the department regarding interjail boarding 
rates. The county jail or regional jail shall identify the types of agreements regarding 
boarding of inmates that it has with other jails. By January 15th each year, beginning 
January 15, 2018, the Department of Corrections shall report to the joint standing 
committee of the. Legislature having jurisdiction over criminal justice and corrections 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"/\-'' to S.P. 177, L.D. 516 
matters regarding data derived from the interjail boarding rate information and any 
recommendations from the jails or the department. 
2. County jail and regional jail financial audits. Beginning November 1, 2017, a 
county jail or regional jail shall report to the Department of Corrections on a schedule 
established by the department regarding financial audits performed for the jails. By 
January 15th each year. beginning January 15, 2018, the Department of Corrections shall 
report to the joint standing committee of the Legislature _having jurisdiction over criminal 
justice and corrections matters regarding data derived from the financial audit 
information provided by the jails and any recommendations from the jails or the 
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department. · 
3. Pretrial detention. Beginning November 1, 2017, a county jail or regional jail 
shall report twice per month to the Unified Criminal Docket in the judicial region in 
which the jail is located on the pretrial detention population in the jail. The jail shall 
report on the form provided by the Unified Criminal Docket. 
Sec. 3. 34-A MRSA §1219 is enacted to read: 
§1219. Assistance with federal law compliance 
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Beginning November 1, 2017, the department shall offer technical assistance and 
advice to county and regional jails regarding audits for the purpose of achieving and 
maintaining compliance with the federal Prison Rape Elimination Act of 2003, Public 
Law 108-79, as requested by the county and regional jails.' 
SUMMARY 
This amendment replaces the bill and changes the title. The amendment does the 
following. 
1. The amendment provides that if a probationer is committed to jail without bail 
pending a probation revocation hearing, the date of the hearing must be set no later than 
days from the date of the initial appearance. The amendment eliminates the provision 
that allows the court in its discretion to allow the hearing to be held after 45 days. 
2. The amendment requires that, beginning November 1, 2017, the county jails and 
regional jail report to the Department of Corrections regarding interjail boarding rates. 
The amendment requires that by January 15th each year, beginning January 15, 2018, the 
Department of Corrections report to the joint standing committee of the Legislature 
having jurisdiction over criminal justice and corrections matters regarding interjail 
boarding rate information and any recommend.ations. 
3. The amendment requires that, beginning November 1, 2017, the county jails and 
regional jail report to the Department of Corrections regarding financial audits performed 
for the jails. The amendment requires that by January 15th each year, beginning January 
15, 2018, the Department of Corrections report to the joint standing committee of the 
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Legislature having jurisdiction over criminal justice and corrections matters regarding 
data derived from the financial audit information and any recommendations. 
4. The amendment requires that, beginning November 1, 2017, each county jail and 
the regional jail report twice per month to the Unified Criminal Docket in the judicial 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT ''A." to S.P. 177, L.D. 516 
region in which the jail is located on the pretrial detention population in the jail, using a 
fonn provided by the Unified Criminal Docket. 
5. The amendment requires that, beginning November 1, 2017, the Department of 
Corrections offer to provide technical assistance and advice to county jails and the 
regional jail regarding audits for the purpose of achieving and maintaining compliance 
with the federal Prison Rape Elimination Act of 2003, Public Law 108-79, as requested 
by the county jails and regional jail. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Fiscal Detail and Notes 
Approved: 06/11/17 ;t;?ac 
LD 516 
LR 935(02) 
An Act To Reduce the Cost of Pretrial Detention 
Fiscal Note for Bill as Amended by Committee Amendment"/{' ( S-dlu~ 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the Depa1iment of Corrections to provide technical assistance and prepare required reports can 
be absorbed utilizing existing budgeted resources. 
LR0935(02) - Fiscal Note - Page 1 of 1