An Act to Authorize a Court to Conditionally Discharge Certain
Maine Legislature, Session 132, LD 0449
Committee: Judiciary
Sponsors: SINCLAIR
Amends: 12 MRSA §10902, 16 MRSA §703, 17-A MRSA §1111-B

Legislative Document
No. 449
H.P. 303
House of Representatives, February 4, 2025
An Act to Authorize a Court to Conditionally Discharge Certain 
Criminal Defendants
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SINCLAIR of Bath.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §10902, sub-§1, as amended by PL 2023, c. 265, §1, is further 
amended to read:
1.  Conviction or adjudication of violation.  Any conviction, adjudication, deferred 
disposition pursuant to Title 17‑A, section 1902, subsection 1, conditional discharge 
pursuant to Title 17-A, section 122, subsection 1 or written filing agreement with the State 
pursuant to the Maine Rules of Unified Criminal Procedure, Rule 11B for a violation of 
this Part is grounds for suspension of any license or permit issued under this Part.  Except 
when provided by law, the commissioner shall determine the suspension period.  To 
suspend a license or permit based upon a conviction or adjudication, the commissioner 
shall follow the procedures under section 10903.  A suspension or revocation of a license 
by the District Court is subject to the provisions of subsection 5.
Sec. 2.  12 MRSA §10902, sub-§2, as amended by PL 2023, c. 265, §2, is further 
amended to read:
2.  Refusal to issue license or permit.  If a person is convicted, is adjudicated, enters 
into a deferred disposition pursuant to Title 17‑A, section 1902, subsection 1, is subject to 
an order of conditional discharge pursuant to Title 17-A, section 122, subsection 1 or enters 
into a written filing agreement with the State pursuant to the Maine Rules of Unified 
Criminal Procedure, Rule 11B in violation of any provision of this Part and is not the holder 
of a valid license or permit issued under this Part, the commissioner may refuse to issue a 
related license or permit to that person for up to 5 years following the date of conviction or 
adjudication, except when the killing or wounding of a human being has occurred, in which 
case the commissioner may refuse to issue the license or permit for a period of not less than 
years.
Sec. 3.  16 MRSA §703, sub-§5, as enacted by PL 2013, c. 267, Pt. A, §2, is 
amended to read:
5.  Disposition.  "Disposition" means information of record disclosing that a criminal 
proceeding has been concluded, although not necessarily finalized, and the specific nature 
of the concluding event.  "Disposition" includes, but is not limited to: an acquittal; a 
dismissal, with or without prejudice; the filing of a charge by agreement of the parties or 
by a court; an order of conditional discharge; the determination that a defendant is currently 
a fugitive from justice; a conviction, including the acceptance by a court of a plea of guilty 
or nolo contendere; a deferred disposition; a proceeding indefinitely continued or dismissed 
due to a defendant's incompetence; a finding of not criminally responsible by reason of 
insanity or its equivalent; a mistrial, with or without prejudice; a new trial ordered; an arrest 
of judgment; a sentence imposition; a resentencing ordered; an execution of and completion 
of any sentence alternatives imposed, including but not limited to fines, restitution, 
correctional custody and supervision, and administrative release; a release or discharge 
from a commitment based upon a finding of not criminally responsible by reason of insanity 
or its equivalent; the death of the defendant; any related pretrial and post-trial appeals, 
collateral attacks and petitions; a pardon, commutation, reprieve or amnesty; and 
extradition.  "Disposition" also includes information of record disclosing that the 
responsible law enforcement agency or officer has elected not to refer a matter to a 
prosecutor, that the responsible prosecutorial office or prosecutor has elected not to initiate 
or approve criminal proceedings or that a grand jury has determined that there is insufficient 
evidence to warrant the return of a formal charge.
Sec. 4.  17-A MRSA c. 6 is enacted to read:
CHAPTER 6
CONDITIONAL DISCHARGE
§121. Eligibility for conditional discharge
A defendant is eligible for a conditional discharge if the defendant consents to a 
conditional discharge in writing; is charged with one or more Class C, Class D or Class E 
crimes or Class B crimes under chapter 45; is not also currently charged with murder, a 
Class A crime or a Class B crime other than a Class B crime under chapter 45; has not 
previously been convicted of murder or a Class A, Class B or Class C crime; and has not 
previously been subject to a conditional discharge. 
§122. Conditional discharge
1. Authority of court to order conditional discharge.  The court may, without 
accepting a plea, order that all pending criminal proceedings for a defendant who is eligible 
for a conditional discharge under section 121 be suspended for a specific period of time, 
not to exceed 6 months, and impose conditions on the defendant to be in effect during the 
period of suspension.  A conditional discharge may be ordered over the objection of the 
attorney for the State.
2. Conditions of conditional discharge.  If a court enters an order of conditional 
discharge under subsection 1, the court shall attach conditions of conditional discharge, 
including, without exception, a condition that the defendant refrain from criminal conduct. 
The court may also impose any of the following additional conditions that the court 
considers to be reasonable and appropriate to assist the defendant in leading a law-abiding 
life:
A. Any condition that could be imposed as a condition of probation under section 1807, 
subsection 2 other than a condition under section 1807, subsection 2, paragraphs H, J 
or K.  If the court imposes a condition that the defendant participate in an electronic 
monitoring program under section 1807, subsection 2, paragraph M, the court shall 
impose as an additional condition that the defendant pay an electronic monitoring fee 
to the appropriate person.  If the court imposes a condition of psychiatric outpatient or 
inpatient treatment or mental health counseling, the provisions of section 1807, 
subsection 5 apply;
B. A condition that the defendant remain in the custody of a designated individual or 
organization agreeing to supervise the defendant and that the defendant report as 
directed to the designated individual or organization,  answer all reasonable inquiries 
from the designated individual or organization, permit the designated individual or a 
member of the designated organization to visit at reasonable times the defendant's 
home or other designated location and notify the designated individual or organization 
of any change in the defendant's address or employment. When it is feasible to do so, 
the court may interview an individual or a member of an organization prior to imposing 
a condition under this paragraph to ensure that the individual or organization is willing 
and able to ensure that the defendant refrain from any new criminal conduct and adhere 
to the other conditions imposed under this subsection.  The court may not designate a 
probation officer to supervise the defendant under this paragraph unless no other 
suitable individual or organization is available. The designated individual or 
organization shall agree to immediately notify the court of any violation by the 
defendant of any condition imposed under this subsection;
C. If the court imposes a condition under paragraph B, a condition that the defendant 
pay an administrative supervision fee of between $10 and $50 per month to the 
designated individual or organization or, if the designated individual is a probation 
officer, to the Department of Corrections.  In determining whether to set an amount 
higher than $10 per month, the court shall take into account the financial resources of 
the defendant and the nature of the burden its payment imposes; and 
D. If the court imposes a condition under paragraph B, a condition that the defendant 
remain within the jurisdiction of the court, unless permission to leave the jurisdiction 
of the court temporarily is granted in writing by the designated individual or 
organization.  If a condition is imposed under this paragraph, the designated individual 
or organization, or if the designated individual is a probation officer, the Department 
of Corrections, may impose an application fee of up to $25 on a defendant applying for 
such permission and an additional fee of up to $25 per month if permission is sought 
and granted to leave the jurisdiction of the court on a periodic basis.  Permission to 
leave the jurisdiction of the court may not be denied or withdrawn solely because the 
defendant is not able to pay the application fee or the additional fee.  When a defendant 
fails to pay a fee imposed under this paragraph, the designated individual or 
organization may refuse to process the application or may withdraw permission to 
leave the jurisdiction of the court if the failure to pay is attributable to the defendant's 
willful refusal to pay or to a failure on the defendant's part to make a good faith effort 
to obtain funds required for the payment.
3. Modification of conditions.  During the period of time that a defendant is subject 
to an order of conditional discharge under subsection 1, upon application of the defendant, 
any individual or organization designated by the court under subsection 2, paragraph B or, 
upon the court's own motion, the court may, after a hearing upon notice to the attorney for 
the State and the defendant, modify the conditions imposed by the court under subsection 
2.  In response to the motion, the court may add further conditions or relieve the defendant 
of any condition that, in the court's opinion, imposes an unreasonable burden on the 
defendant, except that the court may not relieve the defendant of the condition that the 
defendant refrain from criminal conduct.  
4. Preconviction bail.  Preconviction bail provisions under Title 15, chapter 105-A 
apply to a defendant subject to an order of conditional discharge.
5. Other rights unaffected.  A defendant's written consent to a conditional discharge 
may not be construed as a waiver of the defendant's rights under any other law.
§123. Final disposition
1. Dismissal with prejudice. Except as provided in subsection 2, at the conclusion of 
the period of time specified in the order of conditional discharge under section 122, 
subsection 1, or at the conclusion of any extended time period ordered under section 124, 
subsection 2, the court shall enter an order dismissing with prejudice all pending criminal 
charges that are the subject of the order of conditional discharge.
2. Exception; pending motion to terminate. If, at the time specified in subsection 1, 
there is a pending motion under section 124, subsection 1 to terminate the order of 
conditional discharge, the court may not enter an order under subsection 1 unless the court 
enters an order denying that pending motion.
§124. Violation of condition
1. Motion to terminate.  If, during the period that a defendant is subject to an order of 
conditional discharge under section 122, the attorney for the State has probable cause to 
believe that the defendant has violated a court-imposed condition of conditional discharge, 
the attorney for the State may file a motion with the court to terminate the order of 
conditional discharge. 
2. Hearing; disposition. Following notice to the defendant and hearing, if the attorney 
for the State proves by a preponderance of the evidence that the defendant has inexcusably 
failed to comply with a court-imposed condition of conditional discharge, the court may:
A. Revoke the order of conditional discharge and order that the suspended criminal 
proceedings are no longer suspended; or
B. Modify the order of conditional discharge in one or both of the following ways:
(1) Adding further conditions of conditional discharge authorized by section 122, 
subsection 2; and
(2) Extending, for a period not to exceed 6 months, the period of time during which 
all pending criminal proceedings for the defendant are suspended and the defendant 
is subject to the order of conditional discharge.
3. Exception; failure to pay fee.  Notwithstanding subsection 2, if the attorney for the 
State proves by a preponderance of the evidence that the defendant has violated one or 
more conditions of conditional discharge and the only conditions violated involve the 
payment of fees, the court may not revoke the order of conditional discharge if the 
defendant shows that failure to pay the fees was not attributable to the defendant's willful 
refusal to pay or to a failure on the defendant's part to make a good faith effort to obtain 
funds required for the payment.
4. Violation not a crime.  A defendant who violates a condition of conditional 
discharge may not be charged with a crime unless the conduct constitutes a crime under 
another provision of law.
5. Place of hearing.  A hearing under this section or section 122, subsection 3 must be 
held in the court that ordered the conditional discharge.  The hearing need not be conducted 
by the justice or judge who originally ordered the conditional discharge.
6. Rights of defendant at hearing.  At a hearing under this section or section 122, 
subsection 3, the defendant must be given the opportunity to confront and cross-examine 
witnesses against the defendant, to present evidence on the defendant's own behalf and to 
be represented by counsel.  If the defendant cannot afford counsel, the court shall appoint 
counsel for the defendant.  Assignment of counsel and withdrawal of counsel must be in 
accordance with the Maine Rules of Unified Criminal Procedure.
Sec. 5.  17-A MRSA §1111-B, sub-§3, as enacted by PL 2021, c. 724, §1, is 
amended to read:
3.  Immunity from revocation or termination proceedings.  Except when the charge 
or conviction is for an excluded crime, a protected person is immune from revocation 
proceedings with regard to conditions of release as described in Title 15, chapter 105‑A, 
subchapter 5; probation as described in chapter 67, subchapter 1; administrative release as 
described in chapter 67, subchapter 2; or supervised community confinement as described 
in Title 34‑A, section 3036‑A and is immune from termination proceedings for deferred 
disposition violations as described in chapter 67, subchapter 4, termination proceedings for 
conditional discharge violations as described in section 124 or termination from community 
confinement monitoring as described in Title 30‑A, section 1659‑A, if:
A.  The grounds for the revocation or termination proceeding against the protected 
person are obtained as a result of a medical professional's or law enforcement officer's 
responding to a request for medical assistance; or
B.  The identity of the protected person is learned or the protected person is identified 
as a person subject to a revocation or termination proceeding as a result of a medical 
professional's or law enforcement officer's responding to a request for medical 
assistance.
SUMMARY
This bill authorizes a court to enter an order of conditional discharge suspending all of 
a defendant's pending criminal proceedings for a period of up to 6 months, during which 
time the defendant must refrain from engaging in criminal conduct and must abide by 
certain conditions, similar to conditions of probation, that the court considers to be 
reasonable and appropriate to assist the defendant in leading a law-abiding life. A defendant 
is eligible for a conditional discharge if the defendant has not previously been convicted of 
murder or a Class A, Class B or Class C crime; is currently charged with only one or more 
Class B drug crimes or Class C, Class D or Class E crimes; has not previously been subject 
to a conditional discharge; and consents in writing to the conditional discharge.  At the end 
of the conditional discharge, the court is required to enter an order dismissing with 
prejudice all of the pending criminal charges that were the subject of the order of 
conditional discharge.
During the period of conditional discharge, the defendant, the attorney for the State or 
an individual or organization designated by the court to supervise the defendant during the 
period of conditional discharge may file a motion to modify the conditions of discharge.  
In addition, if the attorney for the State proves by a preponderance of the evidence that the 
defendant has inexcusably failed to comply with a court-imposed condition of the 
conditional discharge, the court may add further conditions of conditional discharge; may 
extend the period of conditional discharge for a period of no more than 6 months; or may 
terminate the conditional discharge and order that all suspended criminal proceedings are 
no longer suspended.  A defendant who violates a condition of conditional discharge may 
not be charged with a crime unless the conduct constitutes a crime under another provision 
of law.
The bill also amends the so-called Good Samaritan law to provide that a defendant is 
immune from proceedings to terminate a conditional discharge if the grounds for the 
termination motion are obtained as a result of a medical professional's or law enforcement 
officer's responding to a request for medical assistance for a suspected drug-related 
overdose or if the identity of the defendant is learned or the defendant is identified as a 
person subject to termination of a conditional discharge as a result of a medical 
professional's or law enforcement officer's responding to a request for medical assistance 
for a suspected drug-related overdose.
Finally, the bill provides that the Commissioner of Inland Fisheries and Wildlife may 
suspend any of a defendant's fish or wildlife licenses or permits or may refuse to issue a 
related fish or wildlife license or permit to a defendant based on the entry of an order of 
conditional discharge against the defendant charged with violating any provision of the 
Maine Revised Statutes, Title 12, Part 13.  Under current law, the commissioner may 
suspend any fish or wildlife license or permit or refuse to issue a related fish or wildlife 
license or permit based on a defendant's conviction, adjudication, deferred disposition or 
written filing agreement with the State related to a violation of any provision of Title 12, 
Part 13.