An Act To Establish a System of Proportional Fines and To Repeal Certain Fees and Assessments
Maine Legislature, Session 130, LD 1630
Committee: Criminal Justice and Public Safety
Sponsors: PLUECKER, EVANGELOS, MORALES, WARREN, KEIM
Amends: 5 MRSA §12004-J, 17-A MRSA §1783, 17-A MRSA §1502

Legislative Document
No. 1630
H.P. 1213
House of Representatives, April 27, 2021
An Act To Establish a System of Proportional Fines and To Repeal 
Certain Fees and Assessments
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Representatives: EVANGELOS of Friendship, MORALES of South Portland, 
WARREN of Hallowell, Senator: KEIM of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-J, sub-§11-A is enacted to read:
11-A.   
Criminal 
Justice
Proportional Fine Commission
Expenses Only 
17-A MRSA 
§1783
Sec. 2.  17-A MRSA §1502, sub-§10 is enacted to read:
10.  Proportional fines.  Beginning January 1, 2023, the court in imposing a fine for a 
conviction of a crime or adjudication of a civil violation under this Title for which an 
offense unit, as defined in section 1782, subsection 5, has been established by the 
Legislature shall apply the proportional fine system established in chapter 65, subchapter 
and determine the sentence to be ordered.
Sec. 3.  17-A MRSA c. 65, sub-c. 3 is enacted to read:
SUBCHAPTER 3
PROPORTIONAL FINES
§1781.  Proportional fines
There is established a system of proportional fines to be based on the offense units for 
all criminal convictions and adjudications of civil violations under this Title.  Beginning 
January 1, 2023, in sentencing a person convicted of a crime or adjudicated of a civil 
violation under this Title for which an offense unit has been established by the Legislature, 
the court shall determine the fine by application of the system of proportional fines 
provided in this subchapter.
§1782.  Definitions
For the purposes of this subchapter, unless the context otherwise indicates, the 
following terms have the following meanings.
1.  Commission.  "Commission" means the Proportional Fine Commission established 
in Title 5, section 12004-J, subsection 11-A and whose duties are described in section 1783.
2.  Debt payment.  "Debt payment" means any payment, including other criminal 
justice debt, made to service or pay down debt or otherwise required by a debt instrument, 
during the 12 months prior to the date on which the proportional fine is ordered by the 
court, but not including mortgage payments.  "Debt payment" includes a debt on which a 
defendant has not paid or accrued liability during the preceding 12 months but on which 
the defendant will be required to make payments during the 12 months after the 
proportional fine is ordered.
3.  Deductions.  "Deductions" means any of the following adjustments to Maine 
adjusted gross income as defined in Title 36, section 5102, subsection 1-C:
A.  Any debt payments listed in a sworn affidavit or other comparable proof of debt 
payments;
B.  Self-support in an amount of 15% of after-tax income;
C.  Needs of a dependent spouse in the amount of 15% of after-tax income;
D.  Needs of nonspouse additional dependents in the amounts of 15% for the first 
dependent and 10% each for the 2nd and 3rd dependents and 5% for each additional 
dependent; and
E.  After applying all of the deductions under paragraphs A to D, the applicable 
deduction of: 60% of income below the federal nonfarm income poverty level as 
defined by the federal Office of Management and Budget and revised annually in 
accordance with the United States Omnibus Budget Reconciliation Act of 1981, 
Section 673(2); 40% of income between the federal nonfarm income poverty level and 
200% of the nonfarm income poverty level; or 20% of income between the federal 
nonfarm income poverty level and 400% of the nonfarm income poverty level.
4.  Net income.  "Net income" means the self-reported, after-tax income of a defendant 
from all sources, minus deductions, supported by sworn affidavit for the one-year period 
prior to the date of the offense under this Title.  The court in its discretion may adjust net 
income reported by the defendant up or down, based on clear and convincing evidence that 
the defendant earned income of a different amount and may adjust net income to reflect a 
change in circumstances and to better represent the defendant's average income.  For a 
person with little or no income and income in an unascertainable amount, the court in its 
discretion may establish net income based on the amount of the defendant's self-reported 
benefits received in the prior 12 months, minus deductions, and any adjustment to those 
figures to more accurately represent the defendant's income.
5.  Offense unit.  "Offense unit" means the numerical value, which must be an integer 
between one and 120, that is assigned to each crime or civil violation.
6.  Proportional fine.  "Proportional fine" means the product of the offense unit and 
the quotient of the net income of the defendant divided by 365.
§1783.  Proportional Fine Commission
The Proportional Fine Commission, established in Title 5, section 12004-J, subsection 
11-A, shall assign to each criminal and civil violation of this Title an offense unit for the 
purposes of implementing proportional fines throughout the State.
1.  Membership.  The commission consists of 9 members.  The members include a 
representative of the judicial branch who is a judge or justice appointed by the Governor, 
the dean of the University of Maine School of Law or the designee of the dean and the 
following members who are appointed by the Governor subject to confirmation by the 
Senate:
A.  An employee of the Office of the Attorney General, a district attorney or an assistant 
district attorney;
B.  An attorney who practices as a defense attorney for clients who qualify for court-
appointed counsel;
C.  A representative of an agency that provides pretrial services;
D.  An employee of the Department of Corrections who provides probation services 
under Title 34-A, chapter 5, subchapter 3;
E.  A representative of an agency that provides public assistance services or that serves 
lower-income communities;
F. A representative of a statewide organization working for the protection of 
constitutional rights; and
G.  An expert in the field of sentencing or criminology.
2.  Membership; volunteer service.  Members of the commission shall serve for terms 
of 5 years and may serve 2 consecutive terms.  Members whose terms have expired 
continue to serve until their successors have been confirmed by the Senate.  Vacancies must 
be filled in the manner in which the original appointment was made.  Members serve as 
volunteers and are not paid for their service on the commission.  Members may be 
reimbursed for necessary expenses of serving on the commission.
3.  Chair; meetings.  The Governor shall appoint a member of the commission to serve 
as chair for a term of 2 years.  The chair shall convene all meetings of the commission.  The 
commission shall meet at least once per year for the first 5 years and at least every 2 years 
thereafter.
4.  List of offenses and determination of offense units.  The commission shall review 
all criminal and civil violations under this Title and shall make a list of those crimes and 
civil violations and the fines assigned to each crime or civil violation in effect on the 
effective date of this subchapter.  The commission shall assign an offense unit to each crime 
and civil violation.  The commission shall compile, analyze, publish and distribute to the 
public information related to the compilation of criminal and civil violations, the 
assignment of an offense unit to each crime and civil violation and the performance by the 
commission of its duties.
5.  Data related to fines imposed and collected, payment rates and compliance 
data.  The commission shall collect data related to the imposition of proportional fines by 
the court in accordance with this subchapter and shall distribute public information 
regarding proportional fines imposed, fines collected, payment rates, average and median 
fines by crime or civil violation and data indicating payment in accordance with the court 
order.  The data must be broken down by the demographic variables of race and income.
6.  New criminal and civil offenses.  The commission shall meet within 45 days of the 
effective date of any legislation establishing a new violation of this Title in order to review 
the new violation for determination of the offense units to be assigned to the crime or civil 
violation.  Within 75 days after the effective date of legislation establishing a new crime or 
civil violation under this Title, the commission shall determine the offense unit to be 
assigned to the crime or civil violation and shall publish a revised list of all designated 
crimes and civil violations and their offense units.  The commission shall submit the list to 
the joint standing committee having jurisdiction over criminal justice and public safety 
matters.  The joint standing committee may submit legislation necessary to establish an 
offense unit.
§1784.  Proportional fine system
Beginning January 1, 2023, the provisions of chapter 61 and this subchapter govern the 
procedures of the court in ordering payment of a fine for conviction of a crime or 
adjudication of a civil violation under this Title for which an offense unit has been 
established by the Legislature.
1.  Calculation of fine amount; payment.  In calculating the amount of a fine, the 
court, in addition to the procedures required in chapter 61 and any other law, shall 
determine the proportional fine as provided in this subsection.
A.  The court shall require a defendant to file a statement of net income and deductions 
as provided in rules adopted by the court.
B.  If a defendant does not file a statement of net income and deductions as required in 
paragraph A or if the defendant deliberately misleads the court as to income or 
deductions and the defendant fails to demonstrate by a preponderance of the evidence 
why the defendant is unable to comply with the requirement to file the statement of net 
income and deductions, the court may order a fine up to the maximum fine for the 
crime or civil violation.
C.  Except as provided in this paragraph, the court shall determine the amount of the 
fine for a crime or civil violation by calculating the product of the offense unit and the 
quotient of the net income of the defendant divided by 365.  The court may, in its 
discretion and upon a finding stated in the record and documentation of the reasons for 
the deviation, order a deviation from the proportional fine required by this paragraph 
by varying the offense unit by no more than 10% from the offense unit assigned to the 
crime or civil violation.
D.  A defendant may apply to the court at any time to convert all or part of a fine to 
programmatic participation or community service hours by applying a credit of $20 per 
hour for hours of participation or service.  Programmatic participation or community 
service may be ordered only if it does not interfere with employment, travel restrictions 
or family care responsibilities.  The court may specify the type of programmatic 
participation or community service, including, but not limited to, substance use 
disorder treatment, mental health treatment, educational programs, job training and job 
readiness programs and appointments or coaching for the purposes of learning about 
and applying for housing, employment, health care, food assistance, general assistance 
and other benefits.
E.  If the court finds, based on the totality of circumstances, that the amount of the 
proportional fine would grossly exceed a defendant's ability to pay, the court may order 
a fine that is less than the proportional fine.
F.  If the court finds, based on the totality of circumstances, that the amount of a 
proportional fine would be disproportionate to the severity of an offense, the court may 
order a fine that is more than the proportional fine, subject to a limit of 10% above the 
amount of the proportional fine.
G.  The court may order payment of a fine in installment payments.  Unless the court 
makes a finding on the record to justify a fine that will take a defendant more than 24 
months to pay from the date of imposition of the fine or the date of release from prison 
or jail, the court may not order a fine to be paid in installment payments that extend 
beyond 24 months.  A defendant who is unable to make installment payments as 
ordered by the court may apply to the court for modification of the court order and may 
not be required to be present in court for the judge to consider and rule on the 
application for modification.
H.  A person subject to an order of payment of a fine may not be required to be present 
in court to pay the fine.
I.  The court must accept payment of fines by mail, in person and through an electronic 
payment system without additional charge to the defendant because of the manner in 
which the fine is paid.
J.  The court shall credit all fines imposed pursuant to this subchapter and chapter 61 
to the General Fund.
§1785.  Collection of data; staffing
The commission shall determine the data on crimes and fines needed for the 
performance of its work and shall request assistance to enable it to perform its duties.  The 
Office of the Attorney General shall provide arrest and summons data from law 
enforcement agencies statewide and the judicial branch shall provide data on crimes and 
fines as determined to be needed by the commission.  Except during any regular or special 
session of the Legislature, the Legislative Council shall provide staff as needed by the 
commission to assist the commission in performing its duties under this subchapter, 
including but not limited to compiling the list of crimes and civil violations under this Title 
and a list of offense units applicable to each crime or civil violation, and compiling, 
analyzing, publishing and distributing to the public data related to the performance by the 
commission of its duties and the imposition of proportional fine sentences by the court in 
accordance with this subchapter.
§1786.  Rulemaking
The commission shall adopt rules to implement this subchapter.  Rules adopted 
pursuant to this section are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A.
Sec. 4.  Proportional Fine Commission review of fines for crimes and civil 
violations in the Maine Revised Statutes, Title 17-A and assignment of offense 
units.  By January 1, 2022, the Proportional Fine Commission pursuant to the Maine 
Revised Statutes, Title 17-A, chapter 65, subchapter 3 shall complete its review of all 
criminal and civil violations under Title 17-A and the fines assigned to each crime or civil 
violation on the effective date of this section and shall assign to each crime and civil 
violation an offense unit, as defined in Title 17-A, section 1782, subsection 5, to be used 
in determining the amount of the proportional fine for a crime or civil violation, as provided 
in Title 17-A, section 1784, subsection 1, paragraph C.  By February 1, 2022, the 
Proportional Fine Commission shall report to the Joint Standing Committee on Criminal 
Justice and Public Safety on the result of its work under this section and shall include 
legislation to be considered by the Second Regular Session of the 130th Legislature to 
amend Title 17-A to repeal fines in existence on the effective date of this Act and enact 
offense units into Title 17-A, chapter 65, subchapter 3.
SUMMARY
This bill establishes the Proportional Fine Commission to begin the process of change 
from fines that are currently set in the Maine Revised Statutes, Title 17-A for crimes and 
civil violations to proportional fines set by determination of an offense unit for each crime 
and civil violation and established by the Legislature.  The bill requires that, by January 1, 
2022, the Proportional Fine Commission complete its review of all criminal and civil 
violations under Title 17-A and the fine currently assigned to each offense.  The bill 
requires the Proportional Fine Commission to assign to each crime and civil violation an 
offense unit to be used in determining the amount of the proportional fine.  By February 1, 
2022, the Proportional Fine Commission is required to report to the Joint Standing 
Committee on Criminal Justice and Public Safety on the result of its work, including 
legislation to be considered by the Second Regular Session of the 130th Legislature to 
amend Title 17-A to repeal fines set in statute and to enact offense units into Title 17-A as 
the foundation for the system of proportional fines.  The bill requires that the system of 
proportional fines take effect January 1, 2023.  Beginning January 1, 2023, the court is 
required to determine the amount of a fine by calculating the product of the offense unit 
and the quotient of the net income of the defendant divided by 365.