An Act to Establish Bail Officers to Administer the Maine Bail Code
Maine Legislature, Session 132, LD 0527
Committee: Criminal Justice and Public Safety
Sponsors: LEE, STEWART
Amends: 15 MRSA §288, 15 MRSA §1003, 15 MRSA §1023, 15 MRSA §1024, 15 MRSA §1025, 15 MRSA §1025-A, 15 MRSA §1026, 15 MRSA §1028, 15 MRSA §1092, 15 MRSA §1096, 17-A MRSA §2108, 19-A MRSA §4114, 25 MRSA §2803-B

Legislative Document
No. 527
H.P. 346
House of Representatives, February 11, 2025
An Act to Establish Bail Officers to Administer the Maine Bail Code
Submitted by the Judicial Department pursuant to Joint Rule 204.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative LEE of Auburn.
Cosponsored by Senator STEWART of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §288 is amended to read:
§288.  Recognizance after commitment
A person committed for not recognizing as aforesaid pursuant to section 285 may be 
discharged by a Justice of the Superior Court or a bail commissioner, a bail officer as 
defined in section 1003, subsection 1-A, a law enforcement officer as defined in section 
1003, subsection 8-B or a corrections officer as defined in Title 25, section 2801-A, 
subsection 2, on giving the security required under section 281.
Sec. 2.  15 MRSA §1003, sub-§1-A is enacted to read:
1-A.  Bail officer.  "Bail officer" refers to an employee of the judicial branch who is 
hired and trained to set and execute bail in accordance with this chapter.
Sec. 3.  15 MRSA §1003, sub-§8-B is enacted to read:
8-B.  Law enforcement officer.  "Law enforcement officer" means a sworn police 
officer who is certified by the Maine Criminal Justice Academy.
Sec. 4.  15 MRSA §1023, as amended by PL 2023, c. 299, §1, is further amended to 
read:
§1023.  Bail commissioners; bail officers
1.  Authority.  A bail commissioner, appointed under this section, or a bail officer shall 
set preconviction bail for a defendant in a criminal proceeding in accordance with this 
chapter, provided except that a bail commissioner or bail officer may not set preconviction 
bail for a defendant:
A.  Who is charged with murder;
B.  If the attorney for the State requests a Harnish bail proceeding for a defendant 
charged with any other formerly capital offense; or
C.  As otherwise provided in subsection 4.
2.  Appointment of bail commissioners.  The Chief Judge of the District Court may 
appoint one or more residents of the State as bail commissioners.  A bail commissioner 
serves at the pleasure of the Chief Judge of the District Court, but no the term for which a 
bail commissioner is appointed commissioner's appointment may not exceed 5 years.  The 
Chief Judge of the District Court shall require bail commissioners to complete the 
necessary training requirements set out in this section.  Bail commissioners have the powers 
of notaries public to administer oaths or affirmations in carrying out their duties.
3.  Immunity from liability of bail commissioners.  A person appointed and serving 
as a bail commissioner is immune from any civil liability, as are employees of 
governmental entities under the Maine Tort Claims Act, Title 14, chapter 741 for acts 
performed within the scope of the bail commissioner's duties.
4.  Limitations on authority.  A bail commissioner or bail officer may not:
A.  Set preconviction bail for a defendant confined in jail or held under arrest by virtue 
of any order issued by a court in which bail has not been authorized;
B.  Change the amount of bail or bail conditions set by a court;
B-1.  Set preconviction bail for a defendant alleged to have committed any of the 
following offenses against a family or household member as defined in Title 19‑A, 
section 4102, subsection 6:
(1)  A violation of a protection from abuse order provision set forth in Title 19‑A, 
former section 4006, subsection 5, paragraph A, B, C, D, E or F; Title 19‑A, former 
section 4007, subsection 1, paragraph A, A-1, A-2, B, C, D, E or G; Title 19‑A, 
section 4108, subsection 2, paragraph B, subparagraphs (1) to (6); or Title 19‑A, 
section 4110, subsection 3, paragraph A, B, C, D, E, F, G or I;
(2)  Any Class A, B or C crime under Title 17‑A, chapter 9;
(3)  Any Class A, B or C sexual assault offense under Title 17‑A, chapter 11;
(4)  Kidnapping under Title 17‑A, section 301;
(5)  Criminal restraint under Title 17‑A, section 302, subsection 1, paragraph A, 
subparagraph (4) or Title 17‑A, section 302, subsection 1, paragraph B, 
subparagraph (2);
(6)  Domestic violence stalking that is a Class C crime under Title 17‑A, section 
210‑C, subsection 1, paragraph B;
(7)  Domestic violence criminal threatening that is a Class C crime under Title 
17‑A, section 209‑A, subsection 1, paragraph B or domestic violence criminal 
threatening that is elevated to a Class C crime by the use of a dangerous weapon 
under Title 17‑A, section 1604, subsection 5, paragraph A;
(8)  Domestic violence terrorizing that is a Class C crime under Title 17‑A, section 
210‑B, subsection 1, paragraph B or domestic violence terrorizing that is elevated 
to a Class C crime by the use of a dangerous weapon under Title 17‑A, section 
1604, subsection 5, paragraph A; or
(9)  Domestic violence reckless conduct that is a Class C crime under Title 17‑A, 
section 211‑A, subsection 1, paragraph B or domestic violence reckless conduct 
that is elevated to a Class C crime by the use of a dangerous weapon under Title 
17‑A, section 1604, subsection 5, paragraph A;
C.  In a case involving domestic violence, set preconviction bail for a defendant before 
making a good faith effort to obtain from the arresting officer, the responsible 
prosecutorial office, a jail employee or other law enforcement officer:
(1)  A brief history of the alleged abuser;
(2)  The relationship of the parties;
(3)  The name, address, phone number and date of birth of the victim;
(4)  Existing conditions of protection from abuse orders, conditions of bail and 
conditions of probation;
(5)  Information about the severity of the alleged offense; and
(6)  Beginning no later than January 1, 2015, 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 conducted on the alleged 
abuser when the results are available;
D.  Set preconviction or post-conviction bail for a violation of condition of release 
pursuant to section 1092, except as provided in section 1092, subsection 4;
E.  Set preconviction bail using a condition of release not included in every order for 
pretrial release without specifying a court date within 8 weeks of the date of the bail 
order;
F.  Set preconviction bail for crimes involving allegations of domestic violence without 
specifying a court date within 5 weeks of the date of the bail order; or
G.  Notwithstanding section 1026, subsection 3, paragraph A, subparagraph (9-A), 
impose a condition of preconviction bail that a defendant submit to random search with 
respect to a prohibition on the possession, use or excessive use of alcohol, cannabis or 
illegal drugs.
5.  Fees Bail commissioner 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.
6.  Attorneys-at-law Bail commissioners; attorneys-at-law.  No An attorney-at-law 
who has acted as bail commissioner in any proceeding may not act as attorney for or on 
behalf of any defendant for whom that attorney-at-law has taken bail in any such 
proceeding, nor may any attorney-at-law who has acted as attorney for a defendant in any 
offense act as bail commissioner in any proceeding arising out of the offense with which 
the defendant is charged.
7.  Mandatory training.  As a condition of appointment and continued service, a bail 
commissioner must successfully complete a bail training program, as prescribed and 
scheduled by the Chief Judge of the District Court, not later than one year following 
appointment.  The Maine Criminal Justice Academy shall provide assistance to collaborate 
with the Chief Judge of the District Court in establishing an appropriate training program 
class for law enforcement officers regarding execution of bail commissioners bonds.  The 
program shall class must include instruction on the provisions of this chapter, the relevant 
constitutional provisions on bail and any other matters pertinent to bail that the Chief Judge 
of the District Court considers appropriate and necessary.  The Maine Criminal Justice 
Academy and the Chief Judge of the District Court may also establish a continuing 
education program class for bail commissioners law enforcement officers.
8.  Bail commissioners in indigent cases.  The Chief Judge of the District Court may 
adopt rules requiring a bail commissioner to appear and set bail regardless of whether the 
defendant is indigent and unable to pay the bail commissioner's fee. The Chief Judge of the 
District Court may also adopt rules governing the manner in which a bail commissioner is 
paid in the event an indigent person is released on bail and is unable to pay the bail 
commissioner's fee.
Sec. 5.  15 MRSA §1024, first ¶, as enacted by PL 1987, c. 758, §20, is amended 
to read:
Clerks of the District Court and clerks of the Superior Court, during the hours when 
the clerk's office is open for business and subject to the control of the District Court Judge 
or Superior Court Justice, may, without fee, take the personal recognizance of any 
defendant for appearance on a charge of a Class D or Class E crime.  Nothing in this section 
may be construed to prohibit the appointment of any clerk of the District Court or the 
Superior Court as a bail commissioner, except that no fee may be charged by the clerk 
while the clerk's office is open for business.
Sec. 6.  15 MRSA §1025, as amended by PL 2003, c. 414, Pt. B, §28 and affected 
by Pt. D, §7 and c. 614, §9, is further amended to read:
§1025.  Law enforcement officers
A law enforcement officer making a warrantless arrest under Title 17‑A, section 15 
may, without fee, take the personal recognizance of any defendant for appearance on a 
charge of a Class D or Class E crime as required by Title 15, section 1092, paragraph 4.  If 
authorized, a law enforcement officer may, without fee, take the personal recognizance 
with deposit in accordance with Title 12, section 10353, subsection 2, paragraph C; and 
Title 12, section 9707. The law enforcement officer's authority under this section continues 
as long as the arrestee remains in the officer's custody.
If a court, bail commissioner or bail officer issues an order that a defendant in custody 
be released pending trial, whether or not accompanied by one or more conditions under 
section 1026, subsection 3, a law enforcement officer may, without fee, prepare the bond 
and take the acknowledgment of the defendant.
Sec. 7.  15 MRSA §1025-A, as amended by PL 2023, c. 508, §1, is further amended 
to read:
§1025-A.  County jail employees
If a court or, bail commissioner or bail officer issues an order that a defendant in 
custody be released, pending trial, on personal recognizance or upon execution of an 
unsecured appearance bond, whether or not accompanied by one or more conditions under 
section 1026, subsection 3, an employee of the county jail having custody of the defendant, 
if authorized to do so by the sheriff, may, without fee, prepare the personal recognizance 
or bond and take the acknowledgment of the defendant.
Sec. 8.  15 MRSA §1026, sub-§3, ¶A, as amended by PL 2023, c. 299, §2, is further 
amended by amending subparagraph (11) to read:
(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. Whenever there is a financial 
condition of bail, any money or cash bail may be paid with United States currency 
or any other form of payment permitted by the Chief Judge of the District Court. 
If payment is made by credit card, the court is authorized to impose, in addition to 
the amount designated as bail, a surcharge in the amount equal to the service charge 
to the court for accepting payment made by credit card;
Sec. 9.  15 MRSA §1026, sub-§4, as amended by PL 2021, c. 397, §5 and c. 647, 
Pt. B, §10 and affected by §65, is further amended to read:
4.  Factors to be considered in release decision.  In setting bail, the judicial officer 
shall, on the basis of an interview with the defendant, information provided by the 
defendant's attorney and, information provided by the attorney for the State or information 
provided by an informed law enforcement officer if the attorney for the State is not 
available and other reliable information that can be obtained, take into account the available 
information concerning the following:
A.  The nature and circumstances of the crime charged;
B.  The nature of the evidence against the defendant; and
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;
(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;
(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. 10.  15 MRSA §1028, as amended by PL 2015, c. 431, §12, is further amended 
to read:
§1028.  De novo determination of bail under section 1026
1.  By defendant in custody.  Any defendant who is in custody as a result of a decision 
of a bail commissioner or bail officer acting under section 1026 may file a petition with the 
Unified Criminal Docket for a de novo determination of bail.  The bail commissioner or 
bail officer making the decision shall advise the defendant of the right to obtain a de novo 
determination.
A.  If the defendant chooses to have a de novo determination of bail, the defendant 
must be furnished with a petition and, upon execution of the petition and without the 
issuance of any writ or other process, the sheriff of the county in which the decision 
was made shall provide for the transportation of the defendant together with the petition 
and all papers relevant to the petition or copies of the petition or papers to the court.
If no justice or judge will be available within 48 hours, excluding Saturdays, Sundays 
and holidays, arrangements must be made for a de novo determination of bail in the 
nearest county in which a justice or judge is then sitting.  The defendant's custodian 
shall provide transportation to the court as required by this chapter without the issuance 
of any writ or other process.
If there is no justice or judge available, the defendant must be retained in custody until 
the petition can be considered.
B.  The petition and such other papers as may accompany it must be delivered to the 
clerk of the Unified Criminal Docket to which the defendant is transported and upon 
receipt the clerk shall notify the attorney for the State.   The court shall review the 
petition de novo and set bail in any manner authorized by section 1026.
C.  Upon receipt of a pro se petition or upon oral or written request of the attorney for 
the defendant, the clerk shall set a time for hearing and provide oral or written notice 
to the attorney for the State.  The hearing must be scheduled for a time not less than 24 
hours nor more than 48 hours after the clerk notifies the attorney for the State.
2.  By defendant not in custody.  Any defendant who is not in custody but who is 
aggrieved by a decision of a bail commissioner or bail officer acting under section 1026 as 
to the amount or conditions of bail set may file a petition with the Unified Criminal Docket 
for a de novo determination of bail.  A justice or judge shall review the petition de novo 
and set bail in any manner authorized by section 1026.  The petition must be considered as 
scheduled by the clerk.
3.  No further relief.  The de novo determination by a justice or judge under this 
section is final and no further relief is available.
Sec. 11.  15 MRSA §1092, sub-§4, as amended by PL 2013, c. 519, §3, is further 
amended to read:
4.  Limitations on authority of bail commissioner or bail officer to set bail.  A court 
may, but a bail commissioner or bail officer may not, set bail for a defendant granted 
preconviction or post-conviction bail who has been arrested for an alleged violation of this 
section if:
A.  The condition of release alleged to be violated relates to new criminal conduct for 
a crime classified as Class C or above or for a Class D or Class E crime involving 
domestic violence, sexual assault pursuant to Title 17‑A, chapter 11 or sexual 
exploitation of minors pursuant to Title 17‑A, chapter 12;
B.  The underlying crime for which preconviction or post-conviction bail was granted 
is classified as Class C or above; or
C.  The underlying crime for which preconviction or post-conviction bail was granted 
is a crime involving domestic violence, sexual assault pursuant to Title 17‑A, chapter 
or sexual exploitation of minors pursuant to Title 17‑A, chapter 12.
If a bail commissioner or bail officer does not have sufficient information to determine 
whether the violation of the condition of release meets the criteria set forth under this 
subsection, the bail commissioner or bail officer may not set bail on the violation of the 
condition of release.
Sec. 12.  15 MRSA §1096, first ¶, as amended by PL 2005, c. 449, §3, is further 
amended to read:
A preconviction bail order of a bail commissioner or bail officer may be revoked by 
any judge or justice, and a preconviction bail order of a judge or justice may be revoked by 
any judge or justice of the same court, upon a determination made after notice and 
opportunity for hearing that:
Sec. 13.  17-A MRSA §2108, sub-§3, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
3.  Limited disclosure as part of bail condition or court order.   A bail 
commissioner, bail officer, judge, justice, court clerk, law enforcement officer or attorney 
for the State may disclose a victim's current address or location to the defendant or accused 
person, or the attorney or authorized agent of the defendant or accused person, as part of a 
bail condition or court order restricting contact with the victim only when it is clear that 
the defendant already knows the victim's current address or location or when the victim 
requests that such bail condition or court order be issued and the victim requests that the 
current address or location be specified. For purposes of this subsection, "bail officer" has 
the same meaning as in Title 15, section 1003, subsection 1-A.
Sec. 14.  19-A MRSA §4114, sub-§6, ¶E, as enacted by PL 2021, c. 647, Pt. A, §3 
and affected by Pt. B, §65, is amended to read:
E.  Making a good faith effort to administer 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.  The law enforcement officer administering this 
assessment shall provide the results of the assessment to the bail commissioner or bail 
officer, if appropriate, and the district attorney for the county in which the abuse took 
place. For purposes of this paragraph, "bail officer" has the same meaning as in Title 
15, section 1003, subsection 1-A.
Sec. 15.  25 MRSA §2803-B, sub-§1, ¶D, as amended by PL 2023, c. 235, §§6 to 
8, is further amended by amending subparagraph (2) to read:
(2)  A process for the collection of information regarding the defendant that 
includes the defendant's previous history, the parties' relationship, whether the 
commission of an alleged crime included the use of strangulation as defined in 
Title 17‑A, section 208, subsection 1, paragraph C, the name of the victim and a 
process to relay this information to a bail commissioner or bail officer before a bail 
determination is made. For purposes of this paragraph, "bail officer" has the same 
meaning as in Title 15, section 1003, subsection 1-A;
Sec. 16.  25 MRSA §2803-B, sub-§1, ¶D, as amended by PL 2023, c. 235, §§6 to 
8, is further amended by amending subparagraph (5) to read:
(5)  A process for the administration 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 and the conveyance of the results of 
that assessment to the bail commissioner or bail officer, if appropriate, and the 
district attorney for the county in which the domestic violence occurred; and
SUMMARY
This bill amends the Maine Bail Code to create a new position of bail officer within 
the judicial branch to set and execute bail in accordance with the law. This bill requires the 
Maine Criminal Justice Academy to collaborate with the Chief Judge of the District Court 
to establish a training class for law enforcement officers regarding the execution of bail 
bonds. The bill also authorizes the court to impose a surcharge for accepting bail payments 
made by credit card.