Resolve, To Create a Criminal Records Review Committee (AFTER DEADLINE)
Maine Legislature, Session 129, LD 2086
Committee: Judiciary
Sponsors: TALBOT ROSS, CLAXTON, CARNEY, EVANGELOS, DESCHAMBAULT, JACKSON

Legislative Document
No. 2086
H.P. 1487
House of Representatives, January 28, 2020
Resolve, To Create a Criminal Records Review Committee
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Cosponsored by Senator CLAXTON of Androscoggin and
Representatives: CARNEY of Cape Elizabeth, EVANGELOS of Friendship, Senators: 
DESCHAMBAULT of York, President JACKSON of Aroostook.
Sec. 1.  Review committee established.  Resolved:  That the Criminal Records 
Review Committee, referred to in this resolve as "the review committee," is established.
Sec. 2.  Review committee membership.  Resolved:  That, notwithstanding 
Joint Rule 353, the review committee consists of 23 members appointed as follows:
1.  Two members of the Senate appointed by the President of the Senate, including 
one member from each of the 2 parties holding the largest number of seats in the 
Legislature;
2.  Two members of the House of Representatives appointed by the Speaker of the 
House of Representatives, including one member from each of the 2 parties holding the 
largest number of seats in the Legislature;
3.  The Attorney General or the Attorney General's designee;
4.  The Commissioner of Health and Human Services or the commissioner's designee;
5.  The Commissioner of Public Safety or the commissioner's designee;
6.  The Commissioner of Corrections or the commissioner's designee;
7.  The President of the Maine Prosecutors Association or the president's designee;
8.  The President of the Maine Association of Criminal Defense Lawyers or the 
president's designee;
9.  The President of the Maine Sheriffs' Association or the president's designee;
10.  A representative of a civil rights organization whose primary mission includes 
the advancement of racial justice, appointed by the President of the Senate;
11.  A representative of an organization that provides legal assistance on 
immigration, appointed by the President of the Senate;
12.  A representative of an organization whose primary mission is to address issues 
related to poverty, appointed by the President of the Senate;
13.  A representative of a nonprofit organization whose mission includes advocating 
for victims and survivors of domestic violence, appointed by the President of the Senate;
14.  A representative of a substance use disorder treatment or recovery community, 
appointed by the President of the Senate;
15.  A representative of an adult and juvenile prisoners' rights organization, appointed 
by the President of the Senate;
16.  A representative of a nonprofit organization whose mission includes advocating 
for victims and survivors of sexual assault, appointed by the Speaker of the House of 
Representatives;
17.  A representative of an organization that provides free civil legal assistance to 
citizens of the State with low incomes, appointed by the Speaker of the House of 
Representatives;
18.  A representative of a mental health advocacy organization, appointed by the 
Speaker of the House of Representatives;
19.  A representative of a civil liberties organization whose primary mission is the 
protection of civil liberties, appointed by the Speaker of the House of Representatives; 
and
20.  A representative of a nonprofit organization whose primary mission is to 
advocate for victims and survivors of sexual exploitation and sex trafficking, appointed 
by the Speaker of the House of Representatives.
The review committee shall invite the Chief Justice of the Supreme Judicial Court to 
designate a member of the judicial branch to serve as a member of the committee.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
review committee.
Sec. 4.  Appointments; convening of review committee.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the review committee.  If 30 days or 
more after the effective date of this resolve a majority of but not all appointments have 
been made, the chairs may request authority and the Legislative Council may grant 
authority for the review committee to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the review committee shall:
1.  Review activities in other states that address the expungement of, sealing of, 
vacatur of and otherwise limiting public access to criminal records;
2.  Consider whether the following convictions should be subject to different 
treatment:
A.  Convictions for conduct that has been decriminalized in this State over the last 10 
years and conduct that is currently under consideration for decriminalization; and
B.  Convictions for conduct that was committed by victims and survivors of sexual 
exploitation and sex trafficking;
3.  Consider whether there is a time limit after which some or all criminal records 
should not be publicly available; 
4.  Invite comments and suggestions from interested parties, including but not limited 
to victim advocates and prison and correctional reform organizations;
5.  Review existing information about the harms and benefits of making criminal 
records confidential, including the use and dissemination of those records;
6.  Invite comments and suggestions concerning the procedures and processes to limit 
public accessibility of criminal records;
7.  Consider who, if anyone, should continue to have access to criminal records that 
are not publicly available; and
8.  Develop options to manage criminal records.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the review committee, except that Legislative Council staff 
support is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report.  Resolved:  That, no later than November 4, 2020, the review 
committee shall submit to the Joint Standing Committee on Judiciary a report that 
includes its findings and recommendations, including suggested legislation, for 
presentation to the First Regular Session of the 130th Legislature.
Sec. 8.  Outside funding.  Resolved:  That the review committee shall seek 
funding contributions to fully fund the costs of the study.  All funding is subject to 
approval by the Legislative Council in accordance with its policies.  If sufficient 
contributions to fund the study have not been received within 30 days after the effective 
date of this resolve, no meetings are authorized and no expenses of any kind may be 
incurred or reimbursed.
Sec. 9.  Appropriations and allocations.  Resolved:  That the following 
appropriations and allocations are made.
LEGISLATURE
Study Commissions - Funding 0444
Initiative: Allocates funds for the one-time costs to the Legislature of the Criminal 
Records Review Committee.
SUMMARY
This resolve establishes the Criminal Records Review Committee.
OTHER SPECIAL REVENUE FUNDS
2019-20
2020-21
Personal Services
$0
$1,100
All Other
$0
$1,650
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$2,750