An Act to Modify Certain Statutes Governing Revocation of
Maine Legislature, Session 132, LD 2161
Committee: Criminal Justice and Public Safety
Sponsors: SALISBURY
Amends: 17-A MRSA §1810, 17-A MRSA §1811, 17-A MRSA §1812, 17-A MRSA §2109, 34-A MRSA §1401

Legislative Document
No. 2161
H.P. 1450
House of Representatives, January 13, 2026
An Act to Modify Certain Statutes Governing Revocation of 
Probation, Victim Confidentiality and the Commissioner of 
Corrections
Submitted by the Department of Corrections pursuant to Joint Rule 203.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SALISBURY of Westbrook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1810, sub-§2, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
2.  Contents of summons; probation officer to file motion for revocation.   The 
summons delivered pursuant to subsection 1 must include the signature of the probation 
officer; a brief statement of the alleged violation; the time and place of the alleged violation; 
and the time, place and date the person is to appear in court or a statement that the court 
will notify the person of the time, place and date to appear.  As soon as practical after 
service of the summons, the probation officer shall file with the court a motion for 
revocation of probation that sets forth the facts underlying the alleged violation.  The 
motion must be approved by the prosecuting attorney before it is filed with the court.  The 
motion may be withdrawn by either the probation officer or the prosecuting attorney.
Sec. 2.  17-A MRSA §1811, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
1.  Timing of motion for probation revocation.   A motion for probation revocation, 
which first must be approved by the prosecuting attorney, must be filed within 3 days, 
excluding Saturdays, Sundays and holidays, of the arrest of a person on probation pursuant 
to section 1809.  The motion may be withdrawn by either the probation officer or the 
prosecuting attorney.
Sec. 3.  17-A MRSA §1812, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
1.  Place of hearing.   The hearing on a motion to revoke probation must be held in the 
court that sentenced the person to probation in either the county or division in which the 
person resides or is incarcerated, unless the court orders otherwise in the interests of justice.  
A motion to transfer the hearing to another court may be filed by either the probation officer 
or the prosecuting attorney.  A motion for revocation of probation need not be heard by the 
justice or judge who originally imposed probation, but may be heard by any justice or 
judge.
Sec. 4.  17-A MRSA §2109, as amended by PL 2025, c. 139, §7, is further amended 
by amending the section headnote to read:
§2109.  Certain communications by and information from victims confidential
Sec. 5.  17-A MRSA §2109, first ¶, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
The following communications and information are privileged from disclosure.
Sec. 6.  17-A MRSA §2109, sub-§4 is enacted to read:
4.  Information obtained by Department of Corrections; community-based 
programs.  Information from a victim obtained by the Department of Corrections for the 
purpose of evaluating a client's ability to participate in a community-based program as 
described in Title 34-A, section 1216, subsection 1 is privileged from disclosure as 
provided in Title 34-A, section 1216, subsection 1.  For the purposes of this subsection, 
"client" has the same meaning as in Title 34-A, section 1001, subsection 1-A.
Sec. 7.  34-A MRSA §1401, sub-§2, ¶B, as enacted by PL 1983, c. 459, §6, is 
amended to read:
B.  If the office of the commissioner is vacant or if the commissioner is absent or 
disabled, the deputy commissioner or an associate commissioner shall perform the 
duties and have the powers provided by law for the commissioner.
SUMMARY
This bill corrects an oversight regarding the need for prosecutor approval for a 
probation revocation motion and clarifies who may withdraw probation revocation motions 
and file motions to transfer hearings on probation revocation motions.
The bill provides that information from a victim obtained by the Department of 
Corrections for the purpose of evaluating the ability of a person in the custody or under the 
supervision of the department to participate in a community-based program is privileged 
from disclosure.  The bill adds a cross-reference in a victims’ rights statute to a Department 
of Corrections confidentiality provision. 
It also provides that the deputy commissioner of the Department of Corrections may 
exercise the powers of the Commissioner of Corrections when the office of the 
commissioner is vacant or the commissioner is absent or disabled.