An Act to Amend the Maine Bail Code
Maine Legislature, Session 131, LD 1299
Committee: Judiciary
Sponsors: CAMPBELL, LYFORD, NUTTING, THORNE
Amends: 15 MRSA §1023, 15 MRSA §1026

Legislative Document
No. 1299
H.P. 824
House of Representatives, March 23, 2023
An Act to Amend the Maine Bail Code
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CAMPBELL of Orrington.  (BY REQUEST)
Cosponsored by Senator LYFORD of Penobscot and
Representatives: NUTTING of Oakland, THORNE of Carmel.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §1023, sub-§5, as amended by PL 2021, c. 397, §1, is further 
amended to read:
5.  Fees.  A bail commissioner is entitled to receive a fee not to exceed $60 for the 
charges pursuant to which the defendant is presently in custody, unless the defendant lacks 
the present financial ability to pay the fee.  A defendant presently in custody who is 
qualified to be released upon personal recognizance or upon execution of an unsecured 
appearance bond, whether or not accompanied by one or more conditions of bail that have 
been set by a judicial officer, but who in fact lacks the present financial ability to pay a bail 
commissioner fee, must nonetheless be released upon personal recognizance or upon 
execution of an unsecured appearance bond.  A bail commissioner may not refuse to 
examine a person to determine the person's eligibility for bail, set bail, prepare the personal 
recognizance or bond or take acknowledgement of the person in custody because the person 
in custody lacks the present financial ability to pay a bail commissioner fee.  The bail 
commissioner shall submit such forms as the Judicial Department directs to verify the 
amount of fees received under this subsection.  The sheriff of the county in which the 
defendant is detained may create a fund for the distribution by the sheriff or the sheriff's 
designee for the payment in whole or in part of the $60 bail commissioner fee for those 
defendants who do not have the financial ability to pay that fee.
A bail commissioner fee under this subsection is not a financial condition of release for the 
purposes of section 1026, subsection 3, paragraph B‑1.
Sec. 2.  15 MRSA §1026, sub-§3, ¶A, as amended by PL 2021, c. 397, §§2 and 3, 
is further amended by amending subparagraph (9-A) to read:
(9-A)  Submit to:
(a)  A random search for possession or use prohibited by a condition imposed 
under subparagraph (8) or (9); or
(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 or use prohibited by a 
condition imposed under subparagraph (8) or (9);
Sec. 3.  15 MRSA §1026, sub-§3, ¶A, as amended by PL 2021, c. 397, §§2 and 3, 
is further amended by enacting a new subparagraph (14) to read:
(14)  Report on a regular basis to the defendant's attorney;
Sec. 4.  15 MRSA §1026, sub-§3, ¶B-1, as enacted by PL 2021, c. 397, §4, is 
repealed.
Sec. 5.  15 MRSA §1026, sub-§4, ¶C, as amended by PL 2021, c. 397, §5 and c. 
647, Pt. B, §10 and affected by §65, is further amended to read:
C.  The history and characteristics of the defendant, including, but not limited to:
(1)  The defendant's character and physical and mental condition;
(2)  The defendant's family ties in the State;
(3)  The defendant's employment history in the State;
(4)  The defendant's financial resources, including the ability of the defendant to 
afford a financial condition imposed by the judicial officer;
(5)  The defendant's length of residence in the community and the defendant's 
community ties;
(6)  The defendant's past conduct, including any history of substance use disorder;
(7)  The defendant's criminal history, if any;
(8)  The defendant's record concerning appearances at court proceedings;
(9)  Whether, at the time of the current offense or arrest, the defendant was on 
probation, parole or other release pending trial, sentencing, appeal or completion 
of a sentence for an offense in this jurisdiction or another;
(9-A)  Any evidence that the defendant poses a danger to the safety of others in the 
community, including the results of a validated, evidence-based domestic violence 
risk assessment recommended by the Maine Commission on Domestic and Sexual 
Abuse, established in Title 5, section 12004‑I, subsection 74‑C, and approved by 
the Department of Public Safety;
(10)  Any evidence that the defendant has obstructed or attempted to obstruct 
justice by threatening, injuring or intimidating a victim or a prospective witness, 
juror, attorney for the State, judge, justice or other officer of the court; and
(11)  Whether the defendant has previously violated conditions of release, 
probation or other court orders, including, but not limited to, violating protection 
from abuse orders pursuant to former Title 19, section 769 or Title 19‑A, former 
section 4011 or Title 19‑A, section 4113;.
(12)  Whether the defendant is the person primarily responsible for the care of 
another person;
(13)  Whether the defendant has a specific health care need, including a mental 
health care need, that is being met or would be better met outside of custody; and
(14)  Whether being placed or remaining in custody would prevent the defendant 
from maintaining employment.
Sec. 6.  15 MRSA §1026, sub-§5, ¶A, as amended by PL 2021, c. 608, Pt. C, §1, 
is further amended to read:
A.  Include a written statement that sets forth: all the conditions to which the release is 
subject in a manner sufficiently clear and specific to serve as a guide for the defendant's 
conduct; and
(1)  All the conditions to which the defendant is subject in a manner sufficiently 
clear and specific to serve as a guide for the defendant's conduct; and
(2)  If an agreement to forfeit money under subsection 3, paragraph A, 
subparagraph (11) or (12) is ordered, the reason the judicial officer has set the 
amount of money ordered to be forfeited under the agreement; and
SUMMARY
This bill reverses the changes to the Maine Bail Code enacted by Public Law 2021, 
chapter 397.