An Act To Facilitate Communication between Prosecutors and Unrepresented Defendants While Protecting the Rights of Those Defendants
Maine Legislature, Session 130, LD 1905
Committee: Judiciary
Amends: 15 MRSA §815

Legislative Document
No. 1905
H.P. 1412
House of Representatives, January 5, 2022
An Act To Facilitate Communication between Prosecutors and 
Unrepresented Defendants While Protecting the Rights of Those 
Defendants
Reported by Representative HARNETT of Gardiner for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §815, as enacted by PL 2021, c. 480, §1, is amended to read:
§815.  Communication between prosecutor and unrepresented defendant in criminal 
prosecutions
1.  Requirements for communication.  To ensure that all waivers of the right to 
counsel are made knowingly, voluntarily and intelligently, a prosecutor may not 
communicate with an unrepresented defendant concerning the facts, circumstances, merits 
or disposition of a pending criminal charge against the defendant unless:
A.  The defendant has been informed by a judicial officer of the defendant's right to 
counsel, including court-appointed counsel if the defendant is indigent;
B.  The court has provided to the defendant a statement of:
(1)  The substance of the charges against the defendant;
(2)  The defendant's right to retain counsel, to request the assignment of counsel 
and to be allowed a reasonable time and opportunity to consult counsel before 
entering a plea;
(3)  The defendant's right to remain silent and that the defendant is not required to 
make a statement and that any statement made by the defendant may be used 
against the defendant;
(4)  The maximum possible sentence and any applicable mandatory minimum 
sentence; and
(5)  The defendant's right to trial by jury; and
C.  The defendant has executed a written waiver of waived the right to counsel in each 
prosecution pursuant to rules adopted by the Supreme Judicial Court.
2.  Exception.  Notwithstanding subsection 1, a prosecutor may communicate with an 
unrepresented defendant who has not executed a written waiver of the right to counsel to 
offer the defendant an opportunity to participate in an established precharge diversion 
program the successful completion of which results in the prosecutor not prosecuting the 
charge or charges against the defendant. to:
A.  Offer the defendant an opportunity to participate in an established precharge 
diversion program, the successful completion of which would result in the prosecutor 
not prosecuting the charge or charges against the defendant; or
B.  Notify the defendant that a pending criminal matter is being dismissed.
3.  Application.  This section does not apply to:
A.  The obligation of the State to provide discovery or other information pursuant to 
court order, pursuant to rules adopted by the Supreme Judicial Court or as otherwise 
required by the Constitution of Maine or the United States Constitution; or
B.  Notice by the prosecutor to a person that no charge is being filed.
SUMMARY
This bill is submitted by the Criminal Law Advisory Commission pursuant to the 
Maine Revised Statutes, Title 17-A, section 1354, subsection 2.  The bill makes technical 
changes to the statute enacted in Public Law 2021, chapter 480 to facilitate implementation 
of the law while continuing to protect a defendant's right to counsel.