reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 1: JURISDICTION AND VENUE › 15 §8. Duties of officer holding prisoner or holding court's order of removal

§8. Duties of officer holding prisoner or holding court's order of removal
The officer holding the person described in the court order shall deliver him to the officer presenting it, upon receiving an attested copy of the same, and of the complaint and warrant or indictment on which such order is founded. The officer receiving the accused person shall bring him before the proper court or judge in the county to which he is removed, for examination and trial, and make due return of his proceedings.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 3: SEARCH WARRANTS › 15 §55. Search warrants; issuance by justice, judge or justice of the peace

§55. Search warrants; issuance by justice, judge or justice of the peace
A justice of the Superior Court, a judge of the District Court or a justice of the peace shall issue search warrants for any place in the State for such purposes as the United States Constitution and the Constitution of Maine permit, including with respect to any violation over which the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians exercises exclusive jurisdiction under Title 30, section 6209‑A, 6209‑B or 6209‑C. The evidence presented to the magistrate in support of the search warrant may consist of affidavits and other evidence under oath or affirmation that is capable of being reduced to a record for purposes of review. The application for the search warrant and supporting information and evidence must be submitted in accordance with rules adopted by the Supreme Judicial Court, except that, following the establishment of a statewide electronic warrant system as provided in Title 4, section 17, subsection 18, the filing of the application and supporting information and evidence may be done electronically, if presented to a justice of the Superior Court or a judge of the District Court or a justice of the peace authorized by rule of the Supreme Judicial Court to issue warrants electronically, and the warrant issued and returned electronically. The Supreme Judicial Court shall by rule provide the procedure of the application for and issuance of search warrants. When no procedure is specified by the Supreme Judicial Court, the justice, judge or justice of the peace shall proceed in any reasonable manner that is authorized by this section, that, if presented electronically, conforms to the requirements of Title 4, section 17, subsection 18 and that will allow the issuance of a search warrant for any constitutional purpose. A justice, a judge or a justice of the peace shall issue a search warrant for a domestic or foreign entity that is a provider of electronic communication service or a provider of remote computing service in accordance with the provisions of this section and section 56.   [PL 2021, c. 684, §4 (AMD).]
SECTION HISTORY
PL 1965, c. 356, §18 (RPR). PL 1979, c. 343, §1 (RPR). PL 1987, c. 736, §20 (AMD). PL 1991, c. 484, §5 (AMD). PL 1995, c. 388, §3 (AMD). PL 1995, c. 388, §8 (AFF). PL 2017, c. 144, §2 (AMD). PL 2021, c. 684, §4 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 3: SEARCH WARRANTS › 15 §57. Restriction on no-knock warrants; requirements for no-knock warrants

§57. Restriction on no-knock warrants; requirements for no-knock warrants
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Law enforcement officer" or "officer" has the same meaning as in Title 25, section 2801‑A, subsection 5.   [PL 2021, c. 267, §1 (NEW).]
B. "No-knock warrant" means a warrant that authorizes execution of the warrant without the law enforcement officer first announcing the authority for the execution of the warrant and the purpose for which the warrant was issued. Any warrant is a no-knock warrant if it is executed without waiting at least 20 seconds after the announcement of authority and purpose before making entry.   [PL 2021, c. 267, §1 (NEW).]
[PL 2021, c. 267, §1 (NEW).]
2.  Restriction on no-knock warrants.
Notwithstanding any provision of law to the contrary, a state, county or local law enforcement officer may not execute a no-knock warrant except as provided in subsection 3 or 4.
[PL 2021, c. 267, §1 (NEW).]
3.  Exceptions.
The restrictions in subsection 2 do not apply if the warrant clearly states that providing notice prior to execution of the warrant would create an imminent risk of death or bodily harm to a law enforcement officer, an individual in the location named in the warrant or an individual in the surrounding areas outside of the location named in the warrant. Imminent risk of death or bodily harm under this subsection must be verified by the issuing authority by reviewing the information contained within the affidavit.
[PL 2021, c. 267, §1 (NEW).]
4.  Exigent circumstances.
Subsections 2 and 3 do not preclude entry by a law enforcement officer in accordance with a recognized exception to the warrant requirement, including, but not limited to, exigent circumstances.
[PL 2021, c. 267, §1 (NEW).]
5.  Requirements.
The following requirements apply to a law enforcement officer executing a no-knock warrant that is authorized under the exception provisions in subsection 3.
A. An officer on the entry team shall wear an official uniform that clearly identifies the officer as a law enforcement officer and, if the officer's law enforcement agency provides body-worn cameras to law enforcement officers, a body-worn camera worn in accordance with the policies of the officer's law enforcement agency. An officer shall follow the policy of the officer's law enforcement agency regarding the usage of body-worn cameras. This subsection does not require a law enforcement agency that provides body-worn cameras to mandate recording the execution of a no-knock warrant.   [PL 2021, c. 267, §1 (NEW).]
B. In cases in which an imminent risk of death or bodily harm exists, only officers trained in the use of stun grenade, stun, distraction or other similar devices may use such a device during the execution of the warrant.   [PL 2021, c. 267, §1 (NEW).]
[PL 2021, c. 267, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 267, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §101. Mental examination and observation of persons accused of crime (REPEALED)

§101. Mental examination and observation of persons accused of crime
(REPEALED)
SECTION HISTORY
PL 1965, c. 334 (RPR). PL 1967, c. 402, §1 (AMD). PL 1969, c. 279 (AMD). PL 1969, c. 504, §§24-C (AMD). PL 1971, c. 269 (AMD). P&SL 1973, c. 53 (AMD). PL 1973, c. 547, §§1,2,3 (AMD). PL 1975, c. 230, §1 (AMD). PL 1975, c. 506, §§1,2 (AMD). PL 1975, c. 718, §1 (AMD). PL 1977, c. 201, §§1-3 (AMD). PL 1977, c. 311, §1 (AMD). PL 1977, c. 564, §§71-A (AMD). PL 1979, c. 663, §84 (AMD). PL 1981, c. 493, §2 (AMD). PL 1983, c. 580, §§2,3 (AMD). PL 1985, c. 630, §§1,2 (AMD). PL 1985, c. 796, §§2,3 (AMD). PL 1987, c. 402, §A107 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §101-A. Access to records by persons or entities performing examinations or evaluations (REPEALED)

§101-A. Access to records by persons or entities performing examinations or evaluations
(REPEALED)
SECTION HISTORY
PL 1985, c. 356 (NEW). PL 1987, c. 402, §A108 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §101-B. Mental examination and observation of persons accused of crime (REPEALED)

§101-B. Mental examination and observation of persons accused of crime
(REPEALED)
SECTION HISTORY
PL 1987, c. 402, §A109 (NEW). PL 1987, c. 758, §11 (AMD). PL 1989, c. 621, §§1-5 (AMD). PL 1993, c. 704, §1 (AMD). RR 1995, c. 2, §§25,26 (COR). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1999, c. 373, §1 (AMD). PL 1999, c. 503, §1 (AMD). PL 1999, c. 510, §3 (AMD). PL 2001, c. 354, §3 (AMD). PL 2001, c. 471, §D15 (AMD). PL 2001, c. 634, §1 (AMD). PL 2003, c. 689, §§B6,7 (REV). PL 2009, c. 268, §1 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §101-C. Access to records by persons or entities performing examinations or evaluations

§101-C. Access to records by persons or entities performing examinations or evaluations
1.  Written demand for records.
When a person or entity has been ordered to perform an examination or evaluation pursuant to section 101‑D, a diagnostic evaluation pursuant to section 3309‑A, a competency examination pursuant to section 3318‑A, an evaluation and treatment pursuant to section 3318‑B, or an examination of a juvenile with reference to insanity or abnormal condition of mind, and the person to be examined has sought the examination, joined in a request or order for the examination or has entered a plea or answer of not criminally responsible by reason of insanity, that person or entity may make written demand upon any individual, partnership, association, corporation, institution or governmental entity to produce the records or copies of the records, in whatever medium preserved, of the subject of the examination or evaluation.
[RR 2021, c. 2, Pt. A, §31 (COR).]
2.  Production of records.
Any such entity from whom records are demanded pursuant to subsection 1 shall produce the records or copies of the records forthwith. The production shall be made notwithstanding any other law. No entity, or employee or agent of the entity, may be criminally or civilly responsible for furnishing any records in compliance with this section.
[PL 1987, c. 402, Pt. A, §109 (NEW).]
3.  Confidentiality of records.
Records provided under this section shall be confidential and shall not be disseminated by any person other than upon order of the court pursuant to a petition for release under section 104‑A or pursuant to an involuntary commitment proceeding under Title 34‑B, section 3864.
[PL 1989, c. 878, Pt. H, §3 (AMD).]
4.  Definition.
"Records" means information about a person, in whatever medium preserved. It includes, but is not limited to, medical histories, social histories, military histories, government histories, educational histories, drug and alcohol treatment histories, criminal record histories, penal institution histories and documentation pertaining to diagnosis or treatment.
[PL 1989, c. 621, §6 (AMD).]
5.  Failure to produce records.
Any person who is required to produce records by this section and intentionally or knowingly fails to do so within 20 days of the service of the written request upon him, may be subject to civil contempt for his failure to comply with the request.
[PL 1987, c. 402, Pt. A, §109 (NEW).]
SECTION HISTORY
PL 1987, c. 402, §A109 (NEW). PL 1989, c. 621, §6 (AMD). PL 1989, c. 878, §H3 (AMD). PL 2009, c. 268, §2 (AMD). PL 2013, c. 234, §1 (AMD). RR 2021, c. 2, Pt. A, §31 (COR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §102. No responsibility for criminal act produced by mental disease or defect (REPEALED)

§102. No responsibility for criminal act produced by mental disease or defect
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §103. Commitment following acceptance of negotiated insanity plea or following verdict or finding of insanity

§103. Commitment following acceptance of negotiated insanity plea or following verdict or finding of insanity
When a court accepts a negotiated plea of not criminally responsible by reason of insanity or when a defendant is found not criminally responsible by reason of insanity by jury verdict or court finding, the judgment must so state. In those cases the court shall order the person committed to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution for the care and treatment of persons with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism for care and treatment. Upon placement in the appropriate institution or residential program and in the event of transfer from one institution or residential program to another of persons committed under this section, notice of the placement or transfer must be given by the commissioner to the committing court.   [PL 2011, c. 542, Pt. A, §10 (AMD).]
When a person who has been evaluated on behalf of a court by the State Forensic Service is committed into the custody of the Commissioner of Health and Human Services pursuant to this section, the court shall order that the State Forensic Service share any information it has collected or generated with respect to the person with the institution or residential program in which the person is placed.   [PL 2013, c. 424, Pt. B, §3 (AMD).]
As used in this section, "not criminally responsible by reason of insanity" has the same meaning as in Title 17‑A, section 39 and includes any comparable plea, finding or verdict in this State under former section 102; under a former version of Title 17-A, section 39; under former Title 17-A, section 58; or under former section 17-B, chapter 149 of the Revised Statutes of 1954.   [PL 2005, c. 263, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 493, §2 (AMD). RR 1995, c. 2, §27 (COR). PL 1995, c. 286, §1 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B7 (REV). PL 2005, c. 263, §1 (AMD). PL 2009, c. 268, §4 (AMD). PL 2011, c. 542, Pt. A, §10 (AMD). PL 2013, c. 424, Pt. B, §3 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §103-A. Commitment affected by certain sentences

§103-A. Commitment affected by certain sentences
1.  Interruption of commitment.
When a person while in the custody of the Commissioner of Health and Human Services pursuant to a commitment order under section 103 is found by a court to be in violation of the person's conditional release for a Maine conviction and new institutional confinement is ordered, or a person commits a Maine crime for which the person is subsequently convicted and the sentence imposed includes a straight term of imprisonment or a split sentence, the person must be placed in execution of that punishment, and custody pursuant to the commitment order under section 103 must automatically be interrupted thereby. In the event execution of that punishment is stayed pending appeal, the commitment under section 103 continues for the stay's duration. The person must be returned to the custody of the Commissioner of Health and Human Services pursuant to the commitment order under section 103 when the new institutional confinement ordered or the straight term of imprisonment or the unsuspended portion of the split sentence imposed has been fully served.
[PL 2007, c. 475, §3 (NEW).]
2.  Commencement of commitment.
When a person subject to an undischarged straight term of imprisonment or to an unsuspended portion of a split sentence for a Maine conviction is, for a different Maine offense, found not criminally responsible by reason of insanity or is the recipient of a negotiated insanity plea, the person must first serve the undischarged term of imprisonment or the unsuspended portion of the split sentence before commencing the commitment to the custody of the Commissioner of Health and Human Services ordered by the court pursuant to section 103 unless the court orders otherwise.
[PL 2013, c. 265, §4 (NEW).]
SECTION HISTORY
PL 2007, c. 475, §3 (NEW). PL 2013, c. 265, §4 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §104. Release and discharge, hearing, payment of fees (REPEALED)

§104. Release and discharge, hearing, payment of fees
(REPEALED)
SECTION HISTORY
PL 1967, c. 402, §2 (RPR). PL 1969, c. 376 (RPR). PL 1969, c. 504, §§24-E (AMD). PL 1969, c. 555 (RPR). PL 1973, c. 243 (RPR). PL 1973, c. 567, §20 (AMD). PL 1975, c. 230, §§2,3 (AMD). PL 1975, c. 506, §3 (AMD). PL 1975, c. 623, §§17-C (AMD). PL 1977, c. 114, §§24,25 (AMD). PL 1979, c. 663, §85 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §104-B. Failure of patient to return

§104-B. Failure of patient to return
If any patient committed to the Department of Health and Human Services for care and treatment, under section 103 or 105, is ordered to return to the hospital by the Commissioner of Health and Human Services, law enforcement personnel of the State or of any of its subdivisions shall, upon request of the commissioner, assist in the return of the patient to the hospital.   [RR 1995, c. 2, §31 (COR); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §§6, 7 (REV).]
SECTION HISTORY
PL 1979, c. 623, §1 (NEW). PL 1981, c. 493, §2 (AMD). PL 1985, c. 131, §2 (RPR). RR 1995, c. 2, §31 (COR). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §§B6,7 (REV).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §105. Authority to receive persons for observation committed by the United States District Court. (REPEALED)

§105. Authority to receive persons for observation committed by the United States District Court.
(REPEALED)
SECTION HISTORY
PL 1967, c. 402, §3 (NEW). P&SL 1973, c. 53 (AMD). PL 1981, c. 493, §2 (AMD). PL 1989, c. 621, §7 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §108. Court-ordered independent examinations

§108. Court-ordered independent examinations
Before making a determination under section 106 or 107, a court may order an independent psychiatric or medical examination of the patient. The Department of Health and Human Services, within 30 days after receiving a request from the Administrative Office of the Courts, shall reimburse the Judicial Department for the full amount of fees paid by the Judicial Department to providers of psychiatric and medical examinations of forensic patients ordered by the court.   [PL 2015, c. 325, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 325, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT › 15 §109. Committee for the oversight of patient human rights

§109. Committee for the oversight of patient human rights
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Commissioner" means the Commissioner of Health and Human Services.   [PL 2019, c. 405, §2 (NEW).]
B. "Committee" means a committee at a state institution that has responsibility for overseeing patients in a state institution or forensic patients placed in institutions outside the State.   [PL 2019, c. 405, §2 (NEW).]
C. "Department" means the Department of Health and Human Services.   [PL 2019, c. 405, §2 (NEW).]
D. "State institution" has the same meaning as in Title 34‑B, section 1001, subsection 8.   [PL 2019, c. 405, §2 (NEW).]
E. "Superintendent" means the chief administrative officer of a state institution.   [PL 2019, c. 405, §2 (NEW).]
[PL 2019, c. 405, §2 (NEW).]
2.  Committee convened.
The commissioner shall convene a committee in each state institution.
[PL 2019, c. 405, §2 (NEW).]
3.  Duties.
The duties of the committee include, but are not limited to:
A. Reviewing practices that affect, or potentially affect, the civil liberties or other rights of patients;   [PL 2019, c. 405, §2 (NEW).]
B. Reviewing, investigating and seeking resolution of patient grievances;   [PL 2019, c. 405, §2 (NEW).]
C. For forensic patients placed outside the State pursuant to section 103:
(1) Reviewing reports submitted to the commissioner by the state institution pursuant to section 104‑A, subsection 1 and provided to the committee by the superintendent pursuant to subsection 4;
(2) Reviewing medical records or other records at the request of the patient or the patient's guardian if the patient who is the subject of the review or the patient's guardian has provided informed, written consent; and
(3) Receiving verbal reports at least twice per year from the superintendent of the state institution monitoring the person's placement outside the State;   [RR 2021, c. 2, Pt. A, §32 (COR).]
D. Performing other duties as assigned by the superintendent; and   [PL 2019, c. 405, §2 (NEW).]
E. Making recommendations or reporting concerns to the superintendent based on any review under this subsection.   [PL 2019, c. 405, §2 (NEW).]
[RR 2021, c. 2, Pt. A, §32 (COR).]
4.  Report; confidentiality.
The superintendent shall provide patient reports under section 104‑A, subsection 1 to the committee. The superintendent shall remove any identifying information of the patient in the report reviewed by the committee pursuant to subsection 3, paragraph C, subparagraph (1), unless the patient who is the subject of the report or the patient's guardian has provided informed, written consent to the full disclosure of the report to the committee.
[PL 2019, c. 405, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 405, §2 (NEW). RR 2021, c. 2, Pt. A, §32 (COR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 7: FRESH PURSUIT › 15 §152. Fresh pursuit defined

§152. Fresh pursuit defined
The term "fresh pursuit" as used in this chapter includes fresh pursuit as defined by the common law, and the pursuit of a person who has committed a crime punishable by a maximum term of imprisonment equal to or exceeding one year, who is reasonably suspected of having committed such a crime or who is reasonably suspected of operating a motor vehicle while under the influence of intoxicating liquor or drugs. It shall include the pursuit of a person suspected of having committed a supposed crime punishable by a maximum term of imprisonment equal to or exceeding one year, though no such crime has actually been committed, if there is reasonable ground for believing that such a crime has been committed. Fresh pursuit as used in this chapter shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.   [PL 1987, c. 791, §1 (AMD).]
SECTION HISTORY
PL 1979, c. 663, §87 (AMD). PL 1987, c. 791, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 7: FRESH PURSUIT › 15 §154. Arrest; exception

§154. Arrest; exception
Any member of a duly organized state, county or municipal police unit of another state of the United States, who enters this State in fresh pursuit and continues within this State in such fresh pursuit of a person in order to arrest him on the ground that he is believed to have committed a crime punishable by a maximum term of imprisonment equal to or exceeding one year or to have operated a motor vehicle while under the influence of intoxicating liquor or drugs in such other state, shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal police unit of this State to arrest and hold in custody a person on the ground that he is believed to have committed such a crime or operated a motor vehicle while under the influence of intoxicating liquor or drugs in this State. This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful.   [PL 1987, c. 791, §2 (AMD).]
SECTION HISTORY
PL 1979, c. 663, §88 (AMD). PL 1987, c. 791, §2 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 7: FRESH PURSUIT › 15 §155. Hearing

§155. Hearing
If an arrest is made in this State by an officer of another state in accordance with section 154, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this State or admit him to bail for such purpose. If the magistrate determines that the arrest was unlawful, he shall discharge the person arrested.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 1: ISSUANCE OF GOVERNOR'S WARRANT › 15 §201. Definitions

§201. Definitions
As used in this chapter, unless the context indicates otherwise, the following words shall have the following meanings.   [PL 1977, c. 671, §3 (RPR).]
1.  Application.
"Application" means a request, by any person specified in section 223, to the Governor of this State to make a requisition to the executive authority of another state for the extradition of a fugitive from justice.
[PL 1977, c. 671, §3 (RPR).]
2.  Demand.
"Demand" means the demand, as provided in section 203, by the executive authority of another state upon the Governor of this State for the extradition of a fugitive from justice.
[PL 1977, c. 671, §3 (RPR).]
3.  Executive authority.
"Executive authority" includes the Governor and any person performing the functions of governor in a state other than this State.
[PL 1977, c. 671, §3 (RPR).]
4.  Fugitive from justice.
"Fugitive from justice" means:
A. Any person accused of a crime in the demanding state who is not in that state, unless he is lawfully absent pursuant to the terms of his bail or other release. This definition shall include both a person who was present in the demanding state at the time of the commission of the alleged crime and thereafter left the demanding state and a person who committed an act in this State or in a 3rd state or elsewhere resulting in or constituting a crime in the demanding state; or   [PL 1977, c. 671, §3 (NEW).]
B. Any person convicted of a crime in the demanding state who is not in that state, unless he is lawfully absent pursuant to the terms of his bail or other release, who has not served or completed a sentence imposed pursuant to the conviction. This definition shall include, but not be limited to, a person who has been released pending appeal or other review of the conviction, the review having been completed; a person who has been serving a sentence in this State; a person who has escaped from confinement in the demanding state; or a person who has broken the terms of his bail, probation or parole.   [PL 1981, c. 317, §1 (AMD).]
[PL 1981, c. 317, §1 (AMD).]
5.  Governor.
"Governor" includes any person performing the functions of Governor by authority of the law of this State.
[PL 1977, c. 671, §3 (NEW).]
5-A.  Judicial officer.
"Judicial officer" shall mean a justice, judge, justice of the peace, clerk of courts or other neutral person empowered by the laws of the demanding state to issue criminal process.
[PL 1979, c. 274, §1 (NEW).]
6.  State.
"State," referring to a state other than this State, refers to any other state or territory, organized or unorganized, of the United States of America.
[PL 1977, c. 671, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 671, §3 (RPR). PL 1979, c. 274, §1 (AMD). PL 1981, c. 317, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 1: ISSUANCE OF GOVERNOR'S WARRANT › 15 §202. Governor to deliver up person charged with crime in other state

§202. Governor to deliver up person charged with crime in other state
Subject to the provisions of this chapter and of the Constitution of the United States and Acts of Congress in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other state of the United States any person who is a fugitive from justice, as defined in section 201, subsection 4, and is found in this State. Any person charged with or convicted of a crime as an adult in the demanding state shall be subject to this chapter, regardless of age.   [PL 1979, c. 274, §1-A (AMD).]
SECTION HISTORY
PL 1977, c. 671, §4 (AMD). PL 1979, c. 274, §§1-A (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 1: ISSUANCE OF GOVERNOR'S WARRANT › 15 §204. Attorney General to investigate at demand of Governor

§204. Attorney General to investigate at demand of Governor
When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 1: ISSUANCE OF GOVERNOR'S WARRANT › 15 §205. Extradition of prisoners or those awaiting trial or absent by compulsion

§205. Extradition of prisoners or those awaiting trial or absent by compulsion
When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this State may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this State as soon as the prosecution or imprisonment following conviction in this State is terminated.
The Governor may surrender on demand of the executive authority of any other state any person in this State who is charged in the manner provided in section 223 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 1: ISSUANCE OF GOVERNOR'S WARRANT › 15 §206. Extradition of those not present at time of commission of crime (REPEALED)

§206. Extradition of those not present at time of commission of crime
(REPEALED)
SECTION HISTORY
PL 1977, c. 671, §§5-A (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 1: ISSUANCE OF GOVERNOR'S WARRANT › 15 §207. Governor to issue warrant and deliver to officer

§207. Governor to issue warrant and deliver to officer
If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to any law enforcement officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issue. Notwithstanding any other provision of law, defects in the Governor's warrant may not be raised as a defense to extradition, in a petition contesting extradition pursuant to sections 210 and 210‑A, unless it is shown by the petitioner that any such defect is substantially prejudicial to him.   [PL 1983, c. 843, §2 (AMD).]
SECTION HISTORY
PL 1977, c. 671, §6 (AMD). PL 1983, c. 843, §2 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 2: PROCEEDINGS AFTER ISSUANCE OF GOVERNOR'S WARRANT › 15 §208. Warrant to authorize arrest

§208. Warrant to authorize arrest
Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the State and to command the aid of any law enforcement officer in the execution of the warrant and to deliver the accused, subject to this chapter, to the duly authorized agent of the demanding state. A law enforcement officer may arrest a fugitive from justice pursuant to a warrant issued by the Governor even if he does not have physical possession of it upon the representation of the prosecuting attorney that such a warrant has, in fact, been issued.   [PL 1983, c. 843, §3 (AMD).]
SECTION HISTORY
PL 1977, c. 671, §8 (AMD). PL 1983, c. 843, §3 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 2: PROCEEDINGS AFTER ISSUANCE OF GOVERNOR'S WARRANT › 15 §209. Arresting officer may command assistance

§209. Arresting officer may command assistance
Every such officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 2: PROCEEDINGS AFTER ISSUANCE OF GOVERNOR'S WARRANT › 15 §210. Rights of accused person; habeas corpus

§210. Rights of accused person; habeas corpus
A person arrested upon a Governor's warrant may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person, unless the person is first taken before a judge of a court of record in this State, who shall inform the person of the demand made for the person's surrender and of the crime with which the person is charged and that the person has the right to demand and procure legal counsel. If the prisoner or the prisoner's counsel states that the prisoner may or will contest extradition, the judge shall fix a reasonable time, not to exceed 7 days, to allow the person to file a petition contesting extradition. The petition must be filed in District Court and state the grounds upon which extradition is contested. When the petition is filed, notice of it and of the time and place of hearing must be given to the prosecuting attorney of the county in which the arrest is made and in which the accused is in custody, to the Attorney General and to the agent of the demanding state.   [PL 1997, c. 181, §1 (AMD).]
A person arrested upon the warrant of the Governor may not be admitted to bail, except as provided as follows: If a petition contesting extradition is granted and the order is appealed by the State to the Supreme Judicial Court sitting as the Law Court, the petitioner may be admitted to bail, in the discretion of the presiding judge, pending that appeal. If the appeal is sustained, the petitioner must be immediately placed in custody without bail to await delivery to the agent of the demanding state.   [PL 1997, c. 181, §1 (AMD).]
1.
[PL 1983, c. 843, §5 (RP).]
2.
[PL 1983, c. 843, §5 (RP).]
3.
[PL 1983, c. 843, §6 (RP).]
SECTION HISTORY
PL 1977, c. 671, §9 (RPR). PL 1979, c. 274, §§2,3 (AMD). PL 1979, c. 701, §§3-5 (AMD). PL 1983, c. 843, §§4-6 (AMD). PL 1997, c. 181, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 2: PROCEEDINGS AFTER ISSUANCE OF GOVERNOR'S WARRANT › 15 §210-A. Procedure at hearing

§210-A. Procedure at hearing
At the hearing on the petition contesting extradition, if the Governor's warrant and the demand comply with the provisions of this chapter, the petitioner has the burden of proving by clear and convincing evidence that the petitioner has not been charged with a crime in the demanding state and that the petitioner is not a fugitive from justice. If the name of the petitioner is the same as that of the person named in the Governor's warrant, the petitioner has the burden of proving, by clear and convincing evidence, that the petitioner is not the person whom the demanding state is seeking to extradite. If the names are not identical, the State has the burden of proving by a preponderance of the evidence that the petitioner is the person sought to be extradited by the demanding state. The following are conclusive on the issue of probable cause:   [PL 2003, c. 17, §1 (AMD).]
1.  Indictment.
An indictment or an information issued upon a waiver of indictment; or
[PL 1997, c. 181, §2 (AMD).]
2.  Judicial determination of probable cause.
An information or other formal charging instrument or an arrest warrant issued on a determination of probable cause by a judicial officer in the demanding state.
[PL 1979, c. 274, §4 (NEW).]
Affidavits, including any affidavits supplied pursuant to the provisions of section 203 or in support of an application for requisition, and any other hearsay evidence that may be deemed reliable by the court, are admissible at the hearing on the petition contesting extradition, for the purpose of showing that the petitioner is charged with a crime in the demanding state, that there is probable cause, that the petitioner is in fact the person charged with the crime and that the petitioner is a fugitive from justice.   [PL 1997, c. 181, §2 (AMD).]
SECTION HISTORY
PL 1977, c. 671, §10 (NEW). PL 1979, c. 274, §4 (AMD). PL 1979, c. 701, §§6-8 (AMD). PL 1981, c. 317, §3 (AMD). PL 1997, c. 181, §2 (AMD). PL 2003, c. 17, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 2: PROCEEDINGS AFTER ISSUANCE OF GOVERNOR'S WARRANT › 15 §210-B. Review of final judgment by Law Court

§210-B. Review of final judgment by Law Court
The order making final disposition of the petition contesting extradition constitutes a final judgment for the purpose of review. A final judgment entered under this section may be reviewed by the Supreme Judicial Court sitting as the Law Court. An appeal must be taken within 7 days after entry of the order that is being appealed.   [PL 2003, c. 17, §2 (NEW).]
1.  Appeal by petitioner.
A petitioner aggrieved by the order may not appeal as of right. The manner and any conditions for the taking of an appeal are as the Supreme Judicial Court provides by rule.
[PL 2003, c. 17, §2 (NEW).]
2.  Appeal by State.
The State aggrieved by the order may appeal as of right and no certificate of approval by the Attorney General is required. The manner and any conditions for the taking of an appeal are as the Supreme Judicial Court provides by rule.
[PL 2003, c. 17, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 17, §2 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 2: PROCEEDINGS AFTER ISSUANCE OF GOVERNOR'S WARRANT › 15 §211. Disobedience of officer

§211. Disobedience of officer
Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant in disobedience of section 210 is guilty of a Class E crime.   [PL 1979, c. 663, §89 (AMD).]
SECTION HISTORY
PL 1979, c. 663, §89 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 2: PROCEEDINGS AFTER ISSUANCE OF GOVERNOR'S WARRANT › 15 §212. Prisoner confined in jail

§212. Prisoner confined in jail
The officer or person executing the Governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass. The keeper of such jail must receive and safely keep the prisoner until the person having charge of him is ready to proceed on his route, such person being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this State with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass. The keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent being chargeable with the expense of keeping. Such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this State.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 3: ARREST AND PROCEEDINGS PRIOR TO ISSUANCE OF GOVERNOR'S WARRANT › 15 §213. Arrest prior to requisition

§213. Arrest prior to requisition
1.  Warrant of arrest.
A warrant of arrest shall be issued whenever a person within this State is charged, on the sworn complaint of any credible person before a judge or magistrate of this State, or by a complaint made before a judge or magistrate of this State upon an affidavit of any credible person in another state, with:
A. The commission of a crime in any other state and with being a fugitive from justice as defined in section 201, subsection 4, paragraph A; or   [PL 1977, c. 671, §12 (NEW).]
B. Having been convicted of a crime in another state and with having escaped from confinement or with having broken the terms of his bail, probation or parole.   [PL 1977, c. 671, §12 (NEW); PL 1979, c. 274, §5 (AMD).]
[PL 1979, c. 274, §5 (AMD).]
2.  Apprehension by warrant.
A warrant issued by a judge or magistrate pursuant to subsection 1 shall command the law enforcement officer to whom it is directed to apprehend the person named therein, wherever he may be found in this State, and to bring him before the same or any other judge or magistrate who may be available in or convenient of access to the place where the arrest may be made, to answer the charge on the complaint and affidavit.
[PL 1977, c. 671, §12 (NEW).]
3.  Copy of charge attached to warrant.
A certified copy of the sworn charge or the complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
[PL 1977, c. 671, §12 (NEW).]
SECTION HISTORY
PL 1977, c. 671, §12 (RPR). PL 1979, c. 274, §5 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 3: ARREST AND PROCEEDINGS PRIOR TO ISSUANCE OF GOVERNOR'S WARRANT › 15 §214. Arrest without warrant; hearing

§214. Arrest without warrant; hearing
The arrest of a person may be lawfully made by an officer or a private citizen without a warrant, upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year; but when so arrested, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 213. Thereafter his answer shall be heard as if he had been arrested on a warrant.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 3: ARREST AND PROCEEDINGS PRIOR TO ISSUANCE OF GOVERNOR'S WARRANT › 15 §215. Commitment to await requisition

§215. Commitment to await requisition
If, from the examination by the judge or magistrate of the complaint, affidavits in support thereof, formal charging documents or judgments supplied by the demanding state or any other evidence, including reliable hearsay evidence, which may be presented, it appears that the person held is the person charged with having committed the crime alleged and that there is probable cause to believe that he committed the crime, and that he is a fugitive from justice, the judge or magistrate shall continue the case and may commit the person to jail, by a warrant specifying the accusation, for any time not exceeding 60 days which will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense.   [PL 1977, c. 671, §13 (NEW).]
The following shall be conclusive on the issue of probable cause:   [PL 1977, c. 671, §13 (NEW).]
1.  Indictment or information.
An indictment or an information issued upon a waiver of indictment; or
[PL 1977, c. 671, §13 (NEW).]
2.  Charging instrument or warrant.
An information or other formal charging instrument or an arrest warrant when they are issued upon a determination of probable cause by a judicial officer in the demanding state.
[PL 1979, c. 274, §5-A (AMD).]
The examination shall take place within a reasonable time after arrest, not to exceed 30 days, if the person held has not been admitted to bail, as provided in section 216.   [PL 1977, c. 671, §13 (NEW).]
SECTION HISTORY
PL 1977, c. 671, §13 (RPR). PL 1979, c. 274, §§5-A (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 9: CRIMINAL EXTRADITION › Subchapter 3: ARREST AND PROCEEDINGS PRIOR TO ISSUANCE OF GOVERNOR'S WARRANT › 15 §216. Bail permitted in discretion of court except in certain cases

§216. Bail permitted in discretion of court except in certain cases
Except as otherwise provided, the judge or magistrate may admit the person arrested to bail by bond or undertaking, with sufficient sureties and in such sum as he deems proper, for his appearance before him at a time specified in that bond or undertaking and for his surrender to be arrested upon the warrant of the Governor of this State or waiver of it. The following persons shall not be admitted to bail pursuant to this section:   [PL 1979, c. 701, §9 (AMD).]
1.  Death or life imprisonment sentence.
Any person charged with an offense for which a sentence of death or life imprisonment is possible under the laws of the demanding state;
[PL 1979, c. 274, §6 (NEW).]
2.  Crime of escape.
Any person who is charged with or has been convicted of the crime of escape in the demanding state; or
[PL 1979, c. 274, §6 (NEW).]
3.  Escape status.
Any person whose extradition is being sought on the ground that he has been convicted of a crime in the demanding state and:
A. Has escaped from confinement; or   [PL 1979, c. 274, §6 (NEW).]
B. Is under sentence of imprisonment imposed upon the denial of an appeal or other review of a conviction or revocation of probation or parole, the person having been released on bail pending appeal or other review.   [PL 1979, c. 701, §9 (AMD).]
[PL 1979, c. 701, §9 (AMD).]
SECTION HISTORY
PL 1977, c. 671, §14 (AMD). PL 1979, c. 274, §6 (RPR). PL 1979, c. 701, §9 (AMD).