An Act To
Maine Legislature, Session 129, LD 0182
Committee Amendment CA_A_H869 (House)
Amends: 4 MRSA §8-D, 4 MRSA §1804, 4 MRSA §1805-A

COMMITTEE AMENDMENT “      ” to H.P. 145, L.D. 182, Bill, “An Act To 
Amend the Maine Bail Code Regarding the Financial Capacity of a Defendant To Post 
Bond”
Amend the bill by striking out the title and substituting the following:
'An Act To Amend Maine Law Regarding the Assessment of Financial Capacity of 
Defendants and Other Parties' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  4 MRSA §8-D is enacted to read:
§8-D.  Rules; assessment of indigency and ability to pay
1.  Rules.  The Supreme Judicial Court may prescribe, repeal, add to, amend or 
modify rules or orders providing for a procedure in all courts through which an 
individual's financial capacity is assessed for the following purposes:
A.  To determine eligibility for a court-appointed attorney.  The eligibility standards 
must take into account the possibility of a defendant's or civil party's ability to make 
periodic installment payments toward counsel fees;
B.  To determine whether a party qualifies to proceed in forma pauperis and is 
thereby entitled to a waiver of filing fees and other fees; and
C.  To determine, after a fine has been ordered in a criminal case, a party's ability to 
pay and the schedule for payments.
2.  Partial indigency and reimbursement.  This subsection applies to partial 
indigency and reimbursement of expenses incurred by assigned counsel or contract 
counsel.
A.  If the court determines that a defendant or civil party is unable to pay to obtain 
private counsel but is able to contribute to payment of assigned counsel or contract 
counsel, the court shall order the defendant or civil party to make installment 
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 145, L.D. 182
COMMITTEE AMENDMENT
payments up to the full cost of representation or to pay a fixed contribution.  The 
court shall remit payments received to the Maine Commission on Indigent Legal 
Services under section 1801.
B.  A defendant or civil party may not be required to pay for legal services in an 
amount greater than the expenses actually incurred.
C.  Upon petition of a defendant or civil party who is incarcerated, the court may 
suspend an order for reimbursement issued pursuant to this subsection until the time 
of the defendant's or civil party's release.
Sec. 2.  4 MRSA §1804, sub-§2, ¶A, as amended by PL 2017, c. 284, Pt. UUUU, 
§1, is repealed.
Sec. 3.  4 MRSA §1805-A, sub-§1, ¶A, as enacted by PL 2017, c. 284, Pt. 
UUUU, §14, is repealed.
Sec. 4.  4 MRSA §1805-A, sub-§2, as enacted by PL 2017, c. 284, Pt. UUUU, 
§14, is repealed.
Sec. 5.  4 MRSA §1805-A, sub-§3, as enacted by PL 2017, c. 284, Pt. UUUU, 
§14, is repealed.
Sec. 6.  Appropriations and allocations.  The following appropriations and 
allocations are made.
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
Maine Commission on Indigent Legal Services Z112
Initiative: Transfers 6 full-time and 3 half-time Financial Screener positions from the 
Maine Commission on Indigent Legal Services to the Judicial Department.
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
GENERAL FUND
2019-20
2020-21
POSITIONS - LEGISLATIVE COUNT
0.000
(7.500)
Personal Services
$0
($525,319)
GENERAL FUND TOTAL
$0
($525,319)
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON
DEPARTMENT TOTALS
2019-20
2020-21
GENERAL FUND
$0
($525,319)
DEPARTMENT TOTAL - ALL FUNDS
$0
($525,319)
COMMITTEE AMENDMENT “      ” to H.P. 145, L.D. 182
COMMITTEE AMENDMENT
Initiative: Transfers 6 full-time and 3 half-time Financial Screener positions from the 
Maine Commission on Indigent Legal Services to the Judicial Department.
Courts - Supreme, Superior and District 0063
Initiative: Provides funding to increase 3 half-time positions to full time. Also provides 
funding to establish one full-time Financial Screener position and one full-time Managing 
Staff Accountant position and provides funding for related All Other costs.
' 
SUMMARY
This amendment replaces the bill.  It transfers the financial screening function for 
eligibility for indigent legal services from the Maine Commission on Indigent Legal 
Services to the Judicial Branch and expands the screening to also provide information to 
determine whether a party qualifies to proceed in forma pauperis and is thereby entitled to 
a waiver of filing fees and other fees and to determine, after a fine has been ordered in a 
criminal case, a party's ability to pay and the schedule for payments.  The amendment 
GENERAL FUND
2019-20
2020-21
POSITIONS - LEGISLATIVE COUNT
0.000
7.500
Personal Services
$0
$525,319
GENERAL FUND TOTAL
$0
$525,319
GENERAL FUND
2019-20
2020-21
POSITIONS - LEGISLATIVE COUNT
0.000
3.500
Personal Services
$0
$306,410
All Other
$0
$55,300
GENERAL FUND TOTAL
$0
$361,710
JUDICIAL DEPARTMENT
DEPARTMENT TOTALS
2019-20
2020-21
GENERAL FUND
$0
$887,029
DEPARTMENT TOTAL - ALL FUNDS
$0
$887,029
SECTION TOTALS
2019-20
2020-21
GENERAL FUND
$0
$361,710
SECTION TOTAL - ALL FUNDS
$0
$361,710
COMMITTEE AMENDMENT “      ” to H.P. 145, L.D. 182
COMMITTEE AMENDMENT
includes language concerning determinations of partial indigency and reimbursement of 
counsel expenses that currently is within the Maine Commission on Indigent Legal 
Services provisions and repeals current provisions requiring Maine Commission on 
Indigent Legal Services' involvement in indigency determinations and collection efforts 
including the authority to enter into contracts for collection.
The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)
Approved: 07/28/20
LD 182
LR 595(02)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Net Cost (Savings)
General Fund
$0
$361,710
$348,241
$359,669
Appropriations/Allocations
General Fund
$0
$361,710
$348,241
$359,669
Fiscal Detail and Notes
The bill transfers 6 full-time financial screener positions and 3 half-time financial screener positions responsible for 
determining a defendant’s ability to pay for counsel from the Maine Commission on Indigent Legal Services (MCILS) 
to the Judicial Branch in fiscal year 2020-21. The bill includes offsetting General Fund deappropriations and 
appropriations of $525,319, respectively, to the MCILS and the Judicial Branch for these transfers. The bill also 
includes an additional $361,710 in fiscal year 2020-21 to the Judicial Branch to increase the 3 half-time positions to 
full-time and to establish one additional Financial Screener position and one Managing Staff Accountant to hire, train 
and supervise the financial screeners.   
Fiscal Note
An Act To Amend the Maine Bail Code Regarding the Financial Capacity of a Defendant To Post 
Bond
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Judiciary
Fiscal Note Required: Yes
LR0595(02) - Fiscal Note - Page 1 of 1