An Act To Expand Recovery Services to Persons on Probation
Maine Legislature, Session 130, LD 0858
Committee: Judiciary
Sponsors: McCREIGHT, HARNETT, PICKETT, PLUECKER, RECKITT, WARREN
Amends: 17-A MRSA §1801, 17-A MRSA §1809, 17-A MRSA §1812, 17-A MRSA §1814

Legislative Document
No. 858
H.P. 626
House of Representatives, March 8, 2021
An Act To Expand Recovery Services to Persons on Probation
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Representatives: HARNETT of Gardiner, PICKETT of Dixfield, PLUECKER 
of Warren, RECKITT of South Portland, WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1801, sub-§1-A is enacted to read:
1-A.  Certified intentional peer support specialist.  "Certified intentional peer 
support specialist" means a person trained and certified through an intentional peer support 
program approved by the Department of Health and Human Services.
Sec. 2.  17-A MRSA §1801, sub-§1-B is enacted to read:
1-B.  Certified recovery coach.  "Certified recovery coach" means a person trained 
and certified through a recovery coach program approved by the Department of Health and 
Human Services.
Sec. 3.  17-A MRSA §1801, sub-§2-A is enacted to read:
2-A.  Integrated medication-assisted treatment.  "Integrated medication-assisted 
treatment" means a treatment method that combines medication approved by the federal 
Food and Drug Administration for the treatment of substance use disorder with counseling, 
urine drug screening and behavioral therapy that has proven effective in treating substance 
use disorder.
Sec. 4.  17-A MRSA §1801, sub-§2-B is enacted to read:
2-B.  Person with substance use disorder.  "Person with substance use disorder" 
means a person who, due to the use of alcohol or a drug, has a clinical and significant 
functional impairment, including a health problem or a disability or an inability to meet 
major responsibilities at work, home or school.  A substance use disorder may be mild, 
moderate or severe as determined by the diagnostic criteria met by the person.
Sec. 5.  17-A MRSA §1801, sub-§2-C is enacted to read:
2-C.  Recovery.  "Recovery" means a process of change through which a person with 
substance use disorder improves the person's health and wellness, lives a self-directed life 
and strives to reach the person's full potential.
Sec. 6.  17-A MRSA §1801, sub-§2-D is enacted to read:
2-D.  Recovery residence.  "Recovery residence" means a shared living residence for 
persons recovering from substance use disorder that is focused on peer support, provides 
to its residents an environment free of alcohol and illegal drugs and assists its residents by 
connecting the residents to support services or resources in the community that are 
available to persons recovering from substance use disorder.
Sec. 7.  17-A MRSA §1801, sub-§2-E is enacted to read:
2-E.  Recovery support services.  "Recovery support services" means services that 
recognize that recovery is a process of change through which a person improves the 
person's health and wellness, lives a self-directed life and strives to reach the person's full 
potential, including, but not limited to, safe housing, transportation, peer mentoring and 
coaching and assistance with and access to employment services.  "Recovery support 
services" may include services provided in an integrated medication-assisted treatment 
setting, in a separate facility that is staffed by persons in recovery and that provides services 
such as mentoring, education and resource provision or in a recovery residence.
Sec. 8.  17-A MRSA §1809, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
1.  Authority of probation officer.   If a probation officer has probable cause to believe 
that a person on probation has violated a condition of that person's probation, that officer 
may arrest the person or cause the person to be arrested for the alleged violation, except 
that this subsection does not apply to a violation of a condition of probation that is solely a 
violation of a condition imposed pursuant to section 1807, subsection 2, paragraph I.  If the 
probation officer cannot, with due diligence, locate the person, the officer shall file a 
written notice of this fact with the court that placed the person on probation.  Upon the 
filing of that written notice, the court shall issue a warrant for the arrest of that person.
Sec. 9.  17-A MRSA §1812, sub-§4, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
4.  Failure to comply with requirement of probation.   If the alleged violation does 
not constitute a crime and the court finds by a preponderance of the evidence that the person 
on probation has inexcusably failed to comply with a requirement imposed as a condition 
of probation, it may revoke probation, except that this subsection does not apply to a 
violation of a condition of probation imposed pursuant to section 1807, subsection 2, 
paragraph I.
Sec. 10.  17-A MRSA §1812, sub-§6, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
6.  Authority of court finding violation of probation.   Upon a finding of a violation 
of probation, the court may vacate all, part or none of the suspension of execution as to 
imprisonment or fine specified when probation was granted, considering the nature of the 
violation and the reasons for granting probation. The remaining portion of the sentence for 
which suspension of execution is not vacated upon the revocation of probation remains 
suspended and is subject to revocation at a later date. During the service of that portion of 
the sentence imposed for which the suspension of execution was vacated upon revocation, 
the running of the period of probation must be interrupted and resumes again upon release.  
If the court finds a violation of probation but vacates none of the suspended sentence, the 
running of the period of probation resumes upon entry of that final disposition.  The court 
may nevertheless revoke probation and vacate the suspension of execution as to the 
remainder of the suspended sentence or a portion thereof for any criminal conduct 
committed during the service of that portion of the sentence for which the suspension of 
execution was vacated upon revocation.  This subsection does not apply to a violation of a 
condition of probation imposed pursuant to section 1807, subsection 2, paragraph I if there 
is no alleged violation that constitutes a crime.
Sec. 11.  17-A MRSA §1814, as enacted by PL 2019, c. 113, Pt. A, §2, is amended 
to read:
§1814.  Additional conditions in lieu of probation revocation proceedings
Whenever a probation officer has probable cause to believe that a person under the 
supervision of that probation officer has violated a condition of probation but the violation 
does not constitute a crime, the probation officer, instead of commencing a probation 
revocation proceeding under section 1809, may offer to the person the option of adding one 
or more of the following conditions to the person's probation:
1.  Participation in public restitution program or treatment program.   The person 
will participate in a public restitution program or treatment program administered through 
a correctional facility or county jail; or
2.  Residence at correctional facility or county jail.   The person will reside at a 
correctional facility or county jail for a period of time not to exceed 90 days.
3.  Sanctions; referral.  If the condition of probation that the probation officer has 
probable cause to believe was violated is a condition imposed pursuant to section 1807, 
subsection 2, paragraph I:
A.  The person may be required to comply with an additional sanction, but that sanction 
may not consist of incarceration; or
B.  The person may be referred to a certified recovery coach, a certified intentional 
peer support specialist or a qualified recovery support service if participating in 
recovery work is determined by the probation officer to be likely to be appropriate and 
of positive value to the person.
If the person agrees in writing to the additional conditions under subsection 1 or 2 
subsection 3, paragraph A, the conditions must be implemented.  If the person does not 
agree or if the person fails to fulfill the additional conditions to the satisfaction of the 
probation officer, the probation officer may commence probation revocation proceedings 
under section 1809 or 1810 for the violation that the probation officer had probable cause 
to believe occurred.  If the person fulfills the additional conditions to the satisfaction of the 
probation officer, the probation officer shall so notify the person in writing and the 
probation officer may not commence probation revocation proceedings for the violation 
that the probation officer had probable cause to believe occurred.
SUMMARY
This bill provides definitions in the Maine Criminal Code chapter regarding probation 
for the terms "certified intentional peer support specialist," "certified recovery coach," 
"integrated medication-assisted treatment," "person with substance use disorder," 
"recovery," "recovery residence" and "recovery support services."  If a person on probation 
is subject to conditions requiring the person to refrain from drug use and excessive use of 
alcohol and the probation officer has cause to suspect a violation of those conditions, but 
not a violation of law that constitutes a crime, the bill prohibits arrest and revocation of 
probation for the violation of probation conditions.  If a person on probation is subject to 
conditions requiring the person to refrain from drug use and excessive use of alcohol and 
the probation officer has cause to suspect a violation of those conditions, but not a violation 
of law that constitutes a crime, the bill authorizes the probation officer to impose additional 
conditions in lieu of probation revocation, including referral to a certified recovery coach, 
a certified intentional peer support specialist or a qualified recovery support service, allows 
participation in a public restitution program or treatment program regardless of whether the 
program is administered through a correctional facility or county jail and prohibits the use 
of incarceration.