An Act to Facilitate Commumcat10n Between Pro Se Defendants and Assistant District Attorneys
Maine Legislature, Session 131, LD 0576
Committee Amendment CA_A_S339 (Senate)
Amends: 15 MRSA §815

LD 576 
COMMITTEE AMENDMENT 'A " to S P 244, L D 576, "An Act to Facilitate 
Commumcat10n Between Pro Se Defendants and Assistant District Attorneys" 
Amend the btll by strikmg out the title and substitutmg the followmg 
'An Act to Facilitate Commumcation Between Pro Se Defendants and Prosecutors 
Whde Protectmg the Rights of Those Defendants ' 
Amend the bill by msertmg after the title and before the enactmg clause the followmg 
'Emergency preamble. Whereas, acts and resolves of the Legislatuie do not 
become effective until 90 days after adJournment unless enacted as emergencies, and 
Whereas, the enactment of the Mame Revised Statutes, Title 15, section 815, which 
prohibits most commumcatlon between prosecutors and unrepresented defendants, has 
contributed to a backlog of crimmal cases m the Judicial system, and 
Whereas, this legislation authorizes prosecutors to send written plea offers to 
unrepresented defendants, to mform unrepresented defendants of diversion programs or 
steps they can take to avoid pursmt of pendmg crimmal charges and, after unrepresented 
defendants have been mformed of their rights by the court, to negotiate with unrepresented 
defendants when they appear for dispositional conferences and to commumcate with 
unrepresented defendants who mitiate such commumcat10ns, and 
Whereas, the mtent of authorizmg these forms of commumcat10n 1s to decrease delays 
m the Judicial system while contmumg to recogmze the fundamental nature of crimmal 
defendants' right to counsel, and 
Whereas, m the Judgment of the Legislature, these facts create an emergency withm 
the meanmg of the Constitution of Mame and reqmre the followmg legislation as 
immediately necessary for the preservation of the public peace, health and safety, now, 
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therefore,' 
Amend the bill by strikmg out everythmg after the enactmg clause and msertmg the 
followmg 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" 11" to SP 244, L D 576 ( 5;3:/'t) 
'Sec. 1. 15 MRSA §815, sub-§1, 1C, as amended by PL 2021, c 668, § 1, 1s 
rep,ealed 
: Sec. 2. 15 MRSA §815, sub-§1, ~ 
1s enacted to read 
D Either the defendant m1tlates the commumcat10n or the commumcatlon takes place 
: at a d1spos1tlonal conference and 1s reqmred by Rule 18{b) of the Mame Rules of 
Umfied Cnmmal Procedure 
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; Sec. 3. 15 MRSA §815, sub-§2, as amended by PL 2021, c 668, §I, 1s further 
amf nded to read 
i 2. Exception. Notw1thstandmg subsect10n 1, a prosecutor may commumcate with an 
u,epresented defendant te at any time to 
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Offer the defendant an opportumty to part1c1pate m ari established preeha-rge !! 
d1vers1on program or explam steps that the defendant can take, mcludmg obtammg 
: remstatement of the defendant's dnver's license or reg1strat1on or engagmg ma certam 
amount and type of commumty service, the successful completion of which would 
i result m the prosecutor not prosecutmg the charge or charges agamst the defendant or 
i recommendmg a d1sm1ssal of or fihng of the charge or charges A defendant's failm e 
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to successfully complete a d1vers1on program or to successfully undertake any other 
steps that the prosecutor mformed the defendant of under this subsect10n may not form 
the basis for 1mposmg any term of 1mpnsonment, suspended or unsuspended, on that 
defendant 1f that defendant 1s later convicted of the charge or charges that were the 
sub1ect of the discuss10n, er 
JB Notify the defendant that a pendmg cnmmal matter 1s bemg dismissed-~ 
!c Notify the defendant m wntmg of a plea offer, or 
\D Request the defendant's position on a mot10n to contmue or a mot10n to correct a 
1typographical error m a document filed with the court 
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!Emergency clause. In view of the emergency cited m the preamble, this legislat10n 
takes effect when approved I 
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!Amend the bill by relettenng or renumbermg any nonconsecutive Part letter or section 
nu~ber to read consecutively 
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SUMMARY 
rhis amendment, which is the maJonty report of the committee, replaces the bill and 
changes the title 
Under the amendment, a prosecutor may commumcate with an 
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unr~presented defendant at any time to 
Offer the defendant the opportumty to participate m a diversion program or explam 
ste~ the defendant can take that would result m the prosecutor not prosecutmg the charge 
or charges agamst the defendant or that would result m the prosecutor recommendmg a 
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dismissal or filmg of the charge or charges, 
I 2 N ot1fy the defendant that a pendmg cnmmal matter 1s bemg d1sm1ssed, 
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Notify the defendant m wntmg of a plea offer, and 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT ''Jr "to S P 244, L D 576( 5-339) 
Request the defendant's position on a mot10n to ~tmue or a motion to correct a 
typographical error m a document filed with the court 
The amendment also provides that a prosecutor may commumcate with an 
unrepresented defendant either if the commumcat10n 1s mitiated by the defendant or durmg 
a dispositional conference as long as the defendant has first been advised by the court of 
the defendant's nght to counsel, nght to remam silent and nght to a tnal by Jury and the 
defendant has been mformed by the court of the substance of the charges and the maximum 
possible sentence and any mandatory mmimum sentence associated with those charges 
COMMITTEE AMENDMENT 
Approved 06/02/23 :;tvae 
LD576 
LR 1381(02) 
An Act to Facilitate Communication Between Pro Se Defendants and Assistant District Attorneys 
Fiscal Note for Bill as Amended by Committee Amendment 'PJ' { s-331' 
Committee: Judiciary 
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Fiscal Note Required: No 
Fiscal Note 
No fiscal impact 
LR1381(02) - Fiscal Note - Page 1 of 1