An Act To Examine and Amend the Conditions of Release and Probation
Maine Legislature, Session 130, LD 0844
Committee Amendment CA_A_SA_A_S607 (Senate)
Amends: 15 MRSA §1026

SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to H.P. 612, 
L.D. 844, "An Act To Examine and Amend the Conditions of Release and Probation" 
Amend the amendment by striking out all of section 2 and inserting the following: 
'Sec. 2. 15 MRSA §1026, sub-§3, 1A, as amended by PL 2021, c. 397, §§2 and 3, 
is further amended to read: 
A. If, after consideration of the factors listed in subsection 4, the judicial officer 
determines that the release described in subsection 2-A will not reasonably ensure the 
appearance of the defendant at the time and place required, will not reasonably ensure 
that the defendant will refrain from any new criminal conduct, will not reasonably 
ensure the integrity of the judicial process or will not reasonably ensure the safety of 
others in the community, the judicial officer shall order the pretrial release of the 
defendant subject to the least restrictive further condition or combination of conditions 
that the judicial officer determines will reasonably ensure the appearance of the 
defendant at the time and place required, will reasonably ensure that the defendant will 
refrain from any new criminal conduct, will reasonably ensure the integrity of the 
judicial process and will reasonably ensure the safety of others in the community. 
These conditions may include that the defendant: 
(1) Remain in the custody of a designated person or organization agreeing to 
supervise the defendant, including a public official, public agency or publicly 
funded organization, if the designated person or organization is able to reasonably 
ensure the appearance of the defendant at the time and place required, that the 
defendant will refrain from any new criminal conduct, the integrity of the judicial 
0 
process and the safety of others in the community. When it is feasible to do so, the 
judicial officer shall impose the responsibility upon the defendant to produce the 
designated person or organization. 
The judicial officer may interview the 
designated person or organization to ensure satisfaction of both the willingness and 
ability required. The designated person or organization shall agree to notify 
immediately the judicial officer of any violation of release by the defendant; 
(2) ~4aintain employment or, if unemployed, aofr,zely seek employmeRt; 
(3) Main-taiR or oommeRoe an eduoatioRal program; 
Pagel - 130LR1110(04) 
SENATE AMENDMENT 
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SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to H.P. 612, L.D. 844 {S-{d)l) 
(4) Abide by specified restrictions on personal associations, place of abode or 
travel; 
(5) Avoid all contact with a victim of the alleged crime, with a potential witness 
regarding the alleged crime or with any other family or household members of the 
victim or the defendant or to contact those individuals only at certain times or under 
certain conditions; 
(6) Report on a regular basis to a designated law enforcement agenCQ' or other 
governmental agency; 
(7) Comply with a specified curfew; 
(8) Refrain from possessing a firearm or other dangerous weapon; 
(9) Refrain from the possession, use or excessive use of alcohol and from any use 
of illegal drugs. A condition under this subparagraph may be imposed only upon 
the presentation to the judicial officer of specific facts demonstrating the need for 
such condition. A condition requiring that the defendant refrain from possession or 
any use of alcohol may be imposed only if the defendant is a participant in a 
specialty court docket under Title 4, chapter 8, 8-A or 8-B, or any other specialty 
docket established by the Judicial Department, or by agreement of the parties as 
part of a deferred disposition under Title 17-A, section 1902; 
(9-A) Submit to: 
(a) A random search for possession erase prohibited by a condition imposed 
under subparagraph (8); 
( a-1) A random search for possession or use prohibited by a condition imposed 
under subparagraph (9) if the defendant is a participant in a specialty court 
docket under Title 4, chapter 8, 8-A or 8-B, or any other specialty docket 
established by the Judicial Department, or by agreement of the parties as part 
of a deferred disposition under Title 17-A, section 1902; or 
(b) A search upon articulable suspicion for possession eF--\¼Se prohibited by a 
condition imposed under subparagraph (8) or excessive use imposed under 
subparagraph (9); 
(10) Undergo, as an outpatient, available medical or psychiatric treatment, or enter 
and remain, as a voluntary patient, in a specified institution when required for that 
purpose; 
(10-A) Enter and remain in a long-term residential facility for the treatment of 
substance use disorder; 
(11) 
Execute an agreement to forfeit, in the event of noncompliance, such 
designated property, including money, as is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of the 
judicial process and to ensure the safety of others in the community and post with 
an appropriate court such evidence of ownership of the property or such percentage 
of the money as the judicial officer specifies; 
SENATE AMENDMENT 
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SENATE AMENDMENT "fr" to COMMITTEE AMENDMENT "A" to H.P. 612, L.D. 844 (S-f.e61) 
(12) Execute a bail bond with sureties in such amount as is reasonably necessary 
to ensure the appearance of the defendant at the time and place required, to ensure 
that the defendant will refrain from any new criminal conduct, to ensure the 
integrity of the judicial process and to ensure the safety of others in the community; 
(13) Rerurn to eustody for speeified .hours follov,ing release for em:ployrnent, 
schooling or oilier limited purposes; 
(15) Notify the court of any changes of address or em:ployrnent; 
( 16) Provide to the court the name, address and telephone nl:Hllber of a designated 
person or organization that will know the defendant's whereabouts at all times; 
(17) Inform any lav, enforeem:ent officer oft.he defendant's condition of release if 
the defendant is subsequently arrested or sum:m:onsed for nev,r erim:inal eonduet; 
(18) 
Satisfy any other condition that is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of the 
judicial process and to ensure the safety of others in the community; and 
(19) Participate in an electronic monitoring program, if available.' 
Amend the amendment by striking out all of section 6 and inserting the following: 
'Sec. 6. 17-A MRSA § 1807, sub-§2, as amended by PL 2021, c. 17 4, § §3 and 4, is 
further amended to read: 
2. Specific conditions of probation authorized. As a condition of probation, the 
court in its sentence may require the person to: 
A. Support the person's dependents and to meet the person's family responsibilities 
Comply with spousal support and child supp01t orders; 
B. Make restitution pursuant to chapter 69 to each victim of the person's crime, or to 
the county where the offense is prosecuted if the identity of the victim cannot be 
ascertained or if the victim voluntarily refuses the restitution. If the court orders as a 
condition of probation that the person forfeit and pay a specific amount of restitution, 
that order, as a matter of law, also constitutes the imposition of restitution pursuant to 
chapter 69 as a sentencing alternative and an additional order regarding restitution is 
unnecessary; 
C. Pursue and maintain approved employment or an apprw1ed occupation; 
D. Undergo, as an outpatient, available medical or psychiatric treatment, or to enter 
and remain, as a voluntary patient, in a specified institution when required for that 
purpose. Failure Except with regard to participation in sex offender treatment, failure 
to comply with this condition is not considered only as a violation of probation and 
may not, in itself, authorize involuntary treatment or hospitalization; 
D-1. Complete a certified domestic violence intervention program. The court may not 
order and the State may not pay for the person to attend a domestic violence 
intervention program unless the program is certified under Title 19-A, section 4014; 
E. Pursue a presei'ibed seeular eourse of study an educational program or vocational 
training; 
SENATE AMENDMENT 
,'("-os 
I 
SENATE AMENDMENT "/1 "to COMMITTEE AMENDMENT "A" to H.P. 612, L.D. 844/►-{g51) 
F. Refrain from frequenting specified places or consorting with specified persons; 
G. Refrain from possessing any firearm or other dangerous weapon; 
H. Remain within the jurisdiction of the col:lrt State, unless permission to leave 
temporarily is granted in writing by the person's probation officer, and to notify the 
probation officer of any change in the person's address or employment; 
I. Refrain from illegal drug use and use-er excessive use of alcohol; 
J. Report as directed to the court or the person's probation officer, to answer all 
reasonable inquiries by the probation officer and to permit the probation officer to visit 
at reasonable times at the person's home or elsewhere; 
K. Pay any monetary penalty imposed by the court as part of the sentence; 
L. Perform specified work for the benefit of the State, a county, a municipality, a 
school administrative district, other public entity or a charitable institution; 
M. Participate in an electronic monitoring program, if available; or 
N. Satisfy any conditions reasonably related to the rehabilitation of the person or the 
public safety or security.' 
Amend the amendment by striking out all of section 9 and inserting the following: 
'Sec. 9. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides one-time funding for increased technology costs associated with 
revising forms and updating applications. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2021-22 
$0 
$0 
2022-23 
$40,000 
$40,000 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment reduces the appropriation for increased technology costs to $40,000 
and moves it to the fiscal year ending June 30, 2023. 
This amendment also changes the bill 
incorporate changes made by Public Law 
2021, chapter 174 and c pter 397 in o er to a oid conflicts. 
COUNTY: Cumberland 
FISCAL NOTE REQUIRED 
(See attached) 
SENATE AMENDMENT 
Approved: 04/20/22 feae 
LD844 
LR 1110(04) 
An Act To Examine and Amend the Conditions of Release and Probation 
Fiscal Note for Senate Amendment '~' to Committee Amendment "A" {,~-((!)l} 
Sponsor: Sen. Breen of Cumberland 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
$40,000 
Projections 
FY 2023-24 
Projections 
FY 2024-25 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
($204,700) 
($204,700) 
$0 
$0 
$40,000 
$0 
$0 
This amendment eliminates the fiscal year 2021-22 General Fund appropriation and adds a one-time General Fund 
appropriation to the Judicial Department of $40,000 in fiscal year 2022-23 for increased technology costs associated 
with revising fonns and updating applications as a result of changing probation requirements. 
LRl 110(04) - Fiscal Note - Page 1 of 1