reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 103: COMPLAINTS › 15 §751. Sufficiency of indictment for murder or manslaughter (REPEALED)

§751. Sufficiency of indictment for murder or manslaughter
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 103: COMPLAINTS › 15 §752. Owner of property as used in indictment

§752. Owner of property as used in indictment
In an offense in any way relating to real or personal estate, it is sufficient and not a variance if it is proved at the trial that, when the offense was committed, the actual or constructive possession of or the general or special property in the whole of such estate or in any part thereof was in the person or community alleged in the indictment to be the owner thereof.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 103: COMPLAINTS › 15 §753. General allegation of intent to defraud sufficient

§753. General allegation of intent to defraud sufficient
When an intent to defraud is necessary to constitute an offense, it is sufficient to allege generally in the indictment an intent to defraud. If there appears on trial an intent to defraud the United States, any state, county, town, person or corporation, it is sufficient.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 103: COMPLAINTS › 15 §755. Complaints and indictments not quashed for technicalities nor unimportant defects in venires (REPEALED)

§755. Complaints and indictments not quashed for technicalities nor unimportant defects in venires
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §26 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 103: COMPLAINTS › 15 §756. Recitation of ordinance or bylaws

§756. Recitation of ordinance or bylaws
In any prosecution before the District Court for violation of an ordinance or bylaw of a city or town, or of any bylaw of a village corporation or local health officer, it shall not be necessary to recite such ordinance or bylaw in the complaint, or to allege the offense more particularly than in prosecutions under a general statute.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 103: COMPLAINTS › 15 §757. Allegation of prior conviction when sentenced enhanced; procedure (REPEALED)

§757. Allegation of prior conviction when sentenced enhanced; procedure
(REPEALED)
SECTION HISTORY
PL 1979, c. 252 (AMD). PL 1981, c. 679, §1 (RPR). PL 1999, c. 196, §1 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §801. Examination of persons arrested (REPEALED)

§801. Examination of persons arrested
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §27 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §802. Discharge on recognizance in county of arrest (REPEALED)

§802. Discharge on recognizance in county of arrest
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §27 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §803. Adjournment of examination on recognizance or commitment (REPEALED)

§803. Adjournment of examination on recognizance or commitment
(REPEALED)
SECTION HISTORY
PL 1965, c. 19, §5 (AMD). PL 1965, c. 356, §27 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §804. Failure to appear (REPEALED)

§804. Failure to appear
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §27 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §805. Scope of examination (REPEALED)

§805. Scope of examination
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §27 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §806. Complaint adjudged frivolous or malicious; appeal

§806. Complaint adjudged frivolous or malicious; appeal
If following an examination, it appears that no offense has been committed or that there is not probable cause to charge the accused, on motion of the defendant the judge shall render judgment whether or not the complaint is frivolous or malicious. If the judge judges the complaint to be frivolous or malicious, he shall order the complainant to pay the costs of prosecution and shall issue execution in favor of the county and against the complainant for such sum, and may receive and pay over said costs to the county treasurer for the use of the county, and if the same are not paid, the judge shall return said execution to the county commissioners, for the use of the county. The complainant has the same right of appeal as in civil cases.   [PL 1965, c. 356, §28 (AMD).]
SECTION HISTORY
PL 1965, c. 356, §28 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §807. Prisoner not asked how to be tried; dilatory pleas verified (REPEALED)

§807. Prisoner not asked how to be tried; dilatory pleas verified
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §29 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §808. Prisoners; bail or discharge if no indictment (REPEALED)

§808. Prisoners; bail or discharge if no indictment
(REPEALED)
SECTION HISTORY
PL 1987, c. 758, §12 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §809. Standing mute (REPEALED)

§809. Standing mute
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §30 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §810. Copy of indictment furnished; assignment of counsel

§810. Copy of indictment furnished; assignment of counsel
1.  Copy of indictment furnished.
The clerk shall, without charge, furnish to any person indicted for a crime a copy of the indictment unless the indictment is sealed.
[PL 2023, c. 485, §1 (NEW).]
2.  Assignment of counsel before arraignment.
Before arraignment, competent defense counsel must be assigned by the court unless waived by the accused after being fully advised of the accused's rights by the court if the court determines that the accused is indigent and the accused is charged with murder or a Class A, B or C crime, except when the accused has not had an initial appearance on the complaint.
[PL 2023, c. 485, §1 (NEW).]
3.  Assignment of counsel at arraignment.
Competent defense counsel must be assigned by the court unless waived by the accused after being fully advised of the accused's rights by the court if the court determines that the accused is indigent and that:
A. There is a risk upon conviction that the accused may be sentenced to a term of imprisonment;   [PL 2023, c. 485, §1 (NEW).]
B. The accused has a physical, mental or emotional disability preventing the accused from fairly participating in the criminal proceeding without counsel; or   [PL 2023, c. 485, §1 (NEW).]
C. The accused is a noncitizen for whom the criminal proceeding poses a risk of adverse immigration consequences.   [PL 2023, c. 485, §1 (NEW).]
[PL 2023, c. 485, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 352, §§1,2 (AMD). PL 1965, c. 356, §31 (AMD). PL 1971, c. 544, §50 (AMD). P&SL 1975, c. 147, Pt. C, §14 (AMD). PL 2023, c. 485, §1 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §811. Waiver of indictment; petition; information; notification of rights; additional charges; arraignment in vacation (REPEALED)

§811. Waiver of indictment; petition; information; notification of rights; additional charges; arraignment in vacation
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §32 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §812. Negotiated pleas

§812. Negotiated pleas
1.  Legislative intent and findings.
The Legislature finds that there is citizen dissatisfaction with plea bargaining that has resulted in some criticism of the criminal justice process. The Legislature further finds that part of the dissatisfaction is caused because victims of crimes and law enforcement officers who respond to those crimes have no subsequent contact with the cases as they proceed through the courts for judicial disposition. Victims and law enforcement officers are many times not informed by prosecutors of plea agreements that are to be submitted to the court for approval or rejection under existing Maine Rules of Unified Criminal Procedure. It is the intent of this section to alleviate these expressions of citizen dissatisfaction and to promote greater understanding by prosecutors of citizens' valid concerns. This is most likely to be accomplished by citizens and law enforcement officers being informed of the results of plea negotiations before they are submitted to the courts. This notification will in no way affect the authority of the court to accept, reject or modify the terms of the plea agreement.
[PL 2015, c. 431, §8 (AMD).]
2.  Notification to victims and law enforcement officers.
Whenever practicable, before submitting a negotiated plea to the court, the attorney for the State shall make a good faith effort to inform the relevant law enforcement officers of the details of the plea agreement reached in any prosecution where the defendant was originally charged with murder, a Class A, B or C crime or a violation of Title 17‑A, chapter 9, 11, 12 or 13 and, with respect to victims, shall comply with Title 17‑A, section 2102, subsection 1, paragraphs A and B relative to informing victims of the details of and their right to comment on a plea agreement.
[PL 2019, c. 113, Pt. C, §30 (AMD).]
SECTION HISTORY
PL 1981, c. 685 (NEW). PL 1995, c. 680, §1 (AMD). PL 2007, c. 475, §4 (AMD). PL 2015, c. 431, §8 (AMD). PL 2019, c. 113, Pt. C, §30 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §813. State's attorney present at certain proceedings (REPEALED)

§813. State's attorney present at certain proceedings
(REPEALED)
SECTION HISTORY
PL 1983, c. 795, §1 (NEW). PL 1983, c. 862, §43 (RPR). PL 1987, c. 758, §13 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 1: GENERAL PROVISIONS › 15 §814. Opportunity for State to present relevant information (REPEALED)

§814. Opportunity for State to present relevant information
(REPEALED)
SECTION HISTORY
PL 1983, c. 795, §1 (NEW). PL 1983, c. 862, §44 (AMD). PL 1987, c. 758, §14 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 2: COMMITMENT OR BINDING OVER › 15 §851. Sureties to make statement of property (REPEALED)

§851. Sureties to make statement of property
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §33 (AMD). PL 1983, c. 795, §2 (AMD). PL 1983, c. 862, §45 (AMD). PL 1987, c. 758, §15 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 2: COMMITMENT OR BINDING OVER › 15 §852. Responsibility of sureties (REPEALED)

§852. Responsibility of sureties
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §34 (AMD). PL 1987, c. 758, §16 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 2: COMMITMENT OR BINDING OVER › 15 §853. Judge to recognize material witnesses, or commit them (REPEALED)

§853. Judge to recognize material witnesses, or commit them
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §35 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 2: COMMITMENT OR BINDING OVER › 15 §854. Recognizance for minor (REPEALED)

§854. Recognizance for minor
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §35 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 2: COMMITMENT OR BINDING OVER › 15 §855. Bail after commitment (REPEALED)

§855. Bail after commitment
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §36 (AMD). PL 1987, c. 758, §17 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 2: COMMITMENT OR BINDING OVER › 15 §856. Return of examinations and recognizances (REPEALED)

§856. Return of examinations and recognizances
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §37 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 3: DISMISSAL › 15 §891. Dismissal on satisfaction of private injury

§891. Dismissal on satisfaction of private injury
1.  General rule.
When a person is charged with a Class D or Class E crime, or is the subject of a juvenile petition alleging a juvenile crime that would constitute a Class D or Class E crime if the juvenile involved were an adult, for which the party injured has a remedy by civil action, if the injured party appears before the court and in writing acknowledges satisfaction for the injury, the court, on payment of all costs, may dismiss the charge.
[PL 2007, c. 536, §1 (NEW).]
2.  Exceptions.
This section does not apply to the crime or juvenile crime of refusing to submit to arrest or detention as defined by Title 17‑A, section 751‑A, to any crime or juvenile crime in which the alleged victim is a family or household member as defined in Title 19‑A, chapter 103 or to any juvenile who has previously been adjudicated of a juvenile crime or who has previously obtained relief under this section with respect to a juvenile petition.
[PL 2021, c. 647, Pt. B, §6 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
SECTION HISTORY
PL 1965, c. 356, §38 (AMD). PL 1979, c. 663, §102 (AMD). PL 1989, c. 862, §2 (AMD). PL 1995, c. 694, §D22 (AMD). PL 1995, c. 694, §E2 (AFF). PL 1999, c. 52, §1 (AMD). PL 2007, c. 277, §1 (AMD). PL 2007, c. 536, §1 (RPR). PL 2021, c. 647, Pt. B, §6 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 3: DISMISSAL › 15 §892. Bar to civil action

§892. Bar to civil action
An order of dismissal entered pursuant to section 891 bars all further remedy by civil action for such an injury.   [PL 2007, c. 536, §2 (RPR).]
SECTION HISTORY
PL 1965, c. 356, §39 (AMD). RR 2007, c. 1, §7 (COR). PL 2007, c. 536, §2 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §931. Forfeiture of bail; enforcement (REPEALED)

§931. Forfeiture of bail; enforcement
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §40 (RPR). PL 1987, c. 758, §18 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §932. Bail exonerated by surrender before default upon recognizance (REPEALED)

§932. Bail exonerated by surrender before default upon recognizance
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §41 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §933. Court may remit penalty; sureties may surrender principal in court (REPEALED)

§933. Court may remit penalty; sureties may surrender principal in court
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §41 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §934. Liquor cases excepted (REPEALED)

§934. Liquor cases excepted
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §41 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §935. Action on any recognizance dismissed (REPEALED)

§935. Action on any recognizance dismissed
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §41 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §936. Unessential omissions and defects in recognizances not fatal (REPEALED)

§936. Unessential omissions and defects in recognizances not fatal
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §41 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §937. Personal recognizance and cash bail (REPEALED)

§937. Personal recognizance and cash bail
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §41 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §938. Surrender before default (REPEALED)

§938. Surrender before default
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §41 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §939. Court may order deposit forfeited (REPEALED)

§939. Court may order deposit forfeited
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §41 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §940. Surrender after default (REPEALED)

§940. Surrender after default
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §41 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §941. Private claims paid out of forfeited bail

§941. Private claims paid out of forfeited bail
When the penalty of a bond to prosecute an appeal is paid to the clerk of the court or county treasurer, the court may award to any person therefrom the same sum that he would have been entitled to receive from the penalty for the offense, if paid on conviction and not on forfeiture of bail.   [PL 1965, c. 356, §42 (AMD).]
SECTION HISTORY
PL 1965, c. 356, §42 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE › Subchapter 4: REMEDIES ON DEFAULT; DISCHARGE OF BAIL › 15 §942. Release on personal recognizance or bond (REPEALED)

§942. Release on personal recognizance or bond
(REPEALED)
SECTION HISTORY
PL 1973, c. 760 (NEW). PL 1975, c. 143, §§1-3 (AMD). PL 1977, c. 696, §167 (AMD). PL 1979, c. 257, §2 (AMD). PL 1979, c. 663, §§103,104 (AMD). PL 1983, c. 429, §§1,2 (AMD). PL 1983, c. 795, §§3,4 (AMD). PL 1983, c. 862, §46 (AMD). PL 1987, c. 758, §19 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 1: GENERAL PROVISIONS › 15 §1001. Title

§1001. Title
This chapter shall be known and may be cited as the "Maine Bail Code."   [PL 1987, c. 758, §20 (NEW).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 1: GENERAL PROVISIONS › 15 §1002. Legislative findings; statement of purpose

§1002. Legislative findings; statement of purpose
The Legislature finds that the statutory provisions relative to bail for a defendant in a criminal case are scattered throughout numerous provisions of Maine's statutory law and that many such statutory provisions have not been updated to reflect the modern development of the law. The Legislature finds that the Supreme Judicial Court sitting as the Law Court has recently decided cases interpreting the various constitutional provisions dealing with bail for a defendant in a criminal proceeding and has provided guidance as to the proper interpretation of those constitutional provisions. The Legislature finds that it is in the interest of the State and of individual criminal defendants that the law relative to bail be incorporated into a modern, integrated and consistent code that will provide a comprehensive statement of the law of bail. It is the purpose and intent of this chapter to consolidate and clarify the various provisions of Maine law dealing with the subject of bail for a defendant in a criminal case.   [PL 1987, c. 758, §20 (NEW).]
It is the purpose and intent of this chapter that bail be set for a defendant in order to reasonably ensure the appearance of the defendant as required, to otherwise reasonably ensure the integrity of the judicial process and, when applicable, to reasonably ensure the safety of others in the community. It is also the purpose and intent of this chapter that the judicial officer consider, relative to crimes bailable as of right preconviction, the least restrictive release alternative that will reasonably ensure the attendance of the defendant as required, or otherwise reasonably ensure the integrity of the judicial process. Finally, it is also the intent and purpose of this chapter that a defendant, while at liberty on bail, refrain from committing new crimes.   [PL 1997, c. 543, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1987, c. 870, §1 (AMD). PL 1997, c. 543, §§1,2 (AMD). PL 1997, c. 585, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 1: GENERAL PROVISIONS › 15 §1004. Applicability and exclusions

§1004. Applicability and exclusions
This chapter applies to the setting of bail for a defendant in a criminal proceeding, including the setting of bail for an alleged contemnor in a plenary contempt proceeding involving a punitive sanction under the Maine Rules of Civil Procedure, Rule 66. It does not apply to the setting of bail in extradition proceedings under sections 201 to 229, post-conviction review proceedings under sections 2121 to 2132, probation revocation proceedings under Title 17‑A, sections 1809 to 1814, supervised release revocation proceedings under Title 17‑A, section 1883 or administrative release revocation proceedings under Title 17‑A, sections 1851 to 1857, except to the extent and under the conditions stated in those sections. This chapter applies to the setting of bail for an alleged contemnor in a summary contempt proceeding involving a punitive sanction under the Maine Rules of Civil Procedure, Rule 66 and to the setting of bail relative to a material witness only as specified in sections 1103 and 1104, respectively. This chapter does not apply to a person arrested for a juvenile crime as defined in section 3103 or a person under 18 years of age who is arrested for a crime defined under Title 12 or Title 29‑A that is not a juvenile crime as defined in section 3103.   [PL 2019, c. 113, Pt. C, §31 (AMD).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1997, c. 317, §A1 (AMD). PL 1999, c. 788, §1 (AMD). PL 2003, c. 711, §A3 (AMD). PL 2005, c. 507, §4 (AMD). PL 2007, c. 552, §1 (AMD). PL 2011, c. 336, §1 (AMD). PL 2015, c. 431, §11 (AMD). PL 2019, c. 113, Pt. C, §31 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 2: PRECONVICTION BAIL › 15 §1021. Superior Court and Supreme Judicial Court Justices

§1021. Superior Court and Supreme Judicial Court Justices
Any Justice of the Supreme Judicial Court or Superior Court or any active retired justice shall set preconviction bail for a defendant in a criminal proceeding in accordance with this chapter.   [PL 1987, c. 758, §20 (NEW).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 2: PRECONVICTION BAIL › 15 §1022. District Court Judges

§1022. District Court Judges
Any District Court Judge or active retired judge shall set preconviction bail for a defendant in a criminal proceeding in accordance with this chapter. When the crime upon examination is found to be one not within the jurisdiction of the District Court, the judge shall set preconviction bail for the defendant to appear before the Superior Court in accordance with this chapter.   [PL 1987, c. 758, §20 (NEW).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 2: PRECONVICTION BAIL › 15 §1024. Clerks of court

§1024. Clerks of court
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.   [PL 1987, c. 758, §20 (NEW).]
In any case when the District Judge or the Superior Court Justice has set bail for a defendant in a criminal case, the clerk of the District Court or of the Superior Court may, subject to the approval of the District Court Judge or Superior Court Justice, accept the bail, prepare the bond and take the acknowledgement of the defendant and sureties, if any, on the bond.   [PL 1987, c. 758, §20 (NEW).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 2: PRECONVICTION BAIL › 15 §1025. Law enforcement officers

§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. 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.   [PL 2003, c. 414, Pt. B, §28 (AMD); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1989, c. 704, §3 (AMD). PL 1991, c. 521 (AMD). PL 1991, c. 548, §A5 (AMD). PL 1991, c. 824, §A23 (RPR). PL 1995, c. 356, §4 (AMD). PL 1997, c. 678, §20 (AMD). PL 2001, c. 604, §20 (AMD). PL 2003, c. 414, §B28 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 2: PRECONVICTION BAIL › 15 §1025-A. County jail employees

§1025-A. County jail employees
If a court 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 acknowledgement of the defendant.   [PL 2005, c. 541, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 541, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 2: PRECONVICTION BAIL › 15 §1028-A. De novo determination of bail set by a justice or judge acting under section 1026

§1028-A. De novo determination of bail set by a justice or judge acting under section 1026
1.  By defendant.
Any defendant charged with a crime bailable as of right who is aggrieved by a decision of the court made at arraignment or initial appearance 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 by another justice or judge in accordance with the procedures set forth in Rule 46(d) of the Maine Rules of Unified Criminal Procedure. The court making the initial decision shall advise the defendant of the right to obtain a de novo determination of bail.
[PL 2015, c. 431, §13 (NEW).]
2.  No further relief.
The de novo determination by a justice or judge under this section is final and no further relief is available.
[PL 2015, c. 431, §13 (NEW).]
SECTION HISTORY
PL 2015, c. 431, §13 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 2: PRECONVICTION BAIL › 15 §1029. Review of bail under section 1027

§1029. Review of bail under section 1027
1.  Petition for review.
Any defendant in custody following a Harnish bail proceeding under section 1027 may petition a single Justice of the Supreme Judicial Court for review under this section and the additional procedures set forth in the Maine Rules of Unified Criminal Procedure, Rule 46(e)(1).
A. [PL 2015, c. 431, §14 (RP).]
B. [PL 2015, c. 431, §14 (RP).]
[PL 2015, c. 431, §14 (RPR).]
2.  Standard of review.
With respect to the finding of probable cause to believe that the defendant committed a formerly capital offense, the finding of the lower court shall be upheld, unless it is clearly erroneous provided there is an adequate record for purposes of review. With respect to all other issues or with respect to the issue of probable cause when the record is inadequate for review, the review shall be de novo. The parties shall cooperate to expeditiously assemble a record for review.
[PL 1989, c. 147, §3 (AMD).]
3.  Evidence.
The evidence consists of the information of record submitted in the Harnish bail proceeding under section 1027 and any additional information the parties may choose to present.
[RR 2009, c. 2, §31 (COR).]
4.  No further relief.
The review under this section is final and no further relief is available.
[PL 1999, c. 731, Pt. ZZZ, §11 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1989, c. 147, §3 (AMD). PL 1999, c. 731, §ZZZ11 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). RR 2009, c. 2, §31 (COR). PL 2015, c. 431, §14 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 2: PRECONVICTION BAIL › 15 §1030. State's attorney present at certain proceedings; opportunity to present relevant information

§1030. State's attorney present at certain proceedings; opportunity to present relevant information
Before making a determination as to whether or not to set bail for a defendant charged with murder or a Class A, Class B or Class C crime and before any bail order is reviewed under section 1028 or 1029, the judicial officer shall afford the attorney for the State or a law enforcement officer familiar with the charges the opportunity to present any information relevant to bail considerations. This opportunity is in addition to the availability of a Harnish bail proceeding as otherwise provided in this chapter.   [PL 1995, c. 356, §7 (AMD).]
An attorney for the State or a law enforcement officer familiar with the charges must be present in District Court at all proceedings governed by the Maine Rules of Unified Criminal Procedure, Rule 5, at which bail is being set.   [PL 2015, c. 431, §15 (AMD).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1987, c. 870, §5 (AMD). PL 1995, c. 356, §7 (AMD). PL 2015, c. 431, §15 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 2: PRECONVICTION BAIL › 15 §1031. Bail if no indictment

§1031. Bail if no indictment
Any defendant charged with a formerly capital offense who has been denied bail in accordance with section 1027 shall have bail set under section 1026 if the defendant is not indicted in the county where the crime is alleged to have been committed at the 2nd regularly scheduled session of the grand jury next after the date of the denial of bail.   [PL 1987, c. 758, §20 (NEW).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 4: SURETIES AND OTHER FORMS OF BAIL › 15 §1072. Responsibility of sureties

§1072. Responsibility of sureties
1.  Preconviction.
Each surety for a defendant admitted to preconviction bail is responsible for the appearance of the defendant at all times as well as the defendant's compliance with each condition of release, including that the defendant refrain from new criminal conduct, until a verdict or finding or plea of guilty or until the acceptance of a plea of guilty or nolo contendere, unless the surety has sooner terminated the agreement to act as surety and has been relieved of the responsibility in accordance with section 1073.
A preconviction surety is not responsible for the appearance of a defendant after conviction nor for the defendant's compliance with the conditions of release, unless the surety has agreed to act as postconviction surety.
[PL 1997, c. 543, §16 (AMD).]
2.  Post-conviction.
Each surety for a defendant admitted to bail after conviction is responsible for the defendant's appearance at all times until the defendant enters into execution of any sentence of imprisonment as well as the defendant's compliance with each condition of release, including that the defendant refrain from new criminal conduct, unless the surety has sooner terminated the agreement to act as surety and has been relieved of the responsibility in accordance with section 1073.
[PL 1997, c. 543, §16 (AMD).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1989, c. 147, §5 (AMD). PL 1995, c. 356, §13 (AMD). PL 1997, c. 543, §16 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 4: SURETIES AND OTHER FORMS OF BAIL › 15 §1072-A. Advising the surety

§1072-A. Advising the surety
Prior to undertaking the responsibility as a surety for a defendant the surety must be:   [PL 1997, c. 543, §17 (NEW).]
1.  Written release order.
Provided with a copy of the written release order pertaining to the defendant;
[PL 1997, c. 543, §17 (NEW).]
2.  Appearance and conditions of release.
Orally advised of the appearance requirement and of each of the conditions of release pertaining to the defendant for which the surety is responsible and the consequences to the surety if the defendant fails to appear as required or violates any condition of release; and
[PL 1997, c. 543, §17 (NEW).]
3.  Responsibilities and consequences.
Provided with a written statement advising the surety as to the general responsibilities of a surety under section 1072 and the consequences to the surety if the defendant fails to appear as required or fails to abide by each condition.
[PL 1997, c. 543, §17 (NEW).]
The Supreme Judicial Court shall by rule specify who is responsible for providing to the prospective surety the required oral and written advice as well as the copy of the written release order pertaining to the defendant.   [PL 1997, c. 543, §17 (NEW).]
SECTION HISTORY
PL 1997, c. 543, §17 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 4: SURETIES AND OTHER FORMS OF BAIL › 15 §1073. Termination of surety or cash bail agreement

§1073. Termination of surety or cash bail agreement
A person who has agreed either to act as surety or to deposit cash bail for a defendant who has been admitted to preconviction bail may terminate the agreement by appearing before the clerk of the court having jurisdiction over the offense with which the defendant is charged and executing a statement under oath terminating the agreement. The statement must include a certification by the person that the person has notified the defendant or the defendant's attorney of the person's intention to terminate the agreement. A person may not terminate a cash bail agreement unless the person has been designated as the owner of all of the cash as required by section 1074.   [PL 1995, c. 356, §14 (AMD).]
Upon execution of the statement terminating the agreement, the clerk shall bring the matter to the attention of a judge or justice of the court who, unless new and sufficient sureties have appeared or new and sufficient cash has been deposited, shall order the defendant committed for failure to furnish bail and shall issue a warrant for the defendant's arrest.   [PL 1995, c. 356, §14 (AMD).]
The judge or justice may absolve the person of responsibility to pay all or part of the bond or may order the return of cash bail, except that a person may not be absolved of the responsibility to pay all or part of the bond, or receive any cash deposited as bail, if, prior to terminating the agreement, the defendant has failed to appear as required or the defendant has failed to comply with each condition of release. Nothing in this section may be construed to relieve or release a person of the responsibility for the appearance of the defendant, notwithstanding the termination of the agreement, until the defendant is in the custody of the sheriff of the county in which the case is pending, new or substitute sureties have appeared, new cash bail has been deposited or the defendant has otherwise been admitted to bail.   [PL 2015, c. 436, §6 (AMD).]
A person who has agreed either to act as surety or to deposit cash bail for a defendant who has been admitted to post-conviction bail may terminate the agreement by following the procedure set forth in this section.   [PL 1995, c. 356, §14 (AMD).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1995, c. 356, §14 (AMD). PL 1997, c. 543, §18 (AMD). PL 2015, c. 436, §6 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 4: SURETIES AND OTHER FORMS OF BAIL › 15 §1073-A. Precondition to forfeiture of cash or other property of surety if a defendant violates a condition of release; notice (REPEALED)

§1073-A. Precondition to forfeiture of cash or other property of surety if a defendant violates a condition of release; notice
(REPEALED)
SECTION HISTORY
PL 1997, c. 543, §19 (NEW). PL 2015, c. 436, §7 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 4: SURETIES AND OTHER FORMS OF BAIL › 15 §1075. Attorney not to act as surety or deposit cash bail for client

§1075. Attorney not to act as surety or deposit cash bail for client
An attorney, while representing a defendant, may not act as surety for or deposit cash bail for the client.   [PL 2003, c. 15, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 15, §2 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 1: GENERAL PROVISIONS › 15 §1091. Failure to appear; penalty

§1091. Failure to appear; penalty
1.  Failure to appear.
A defendant who has been admitted to either preconviction or postconviction bail and who, in fact, fails to appear as required is guilty of:
A. A Class E crime if the underlying crime was punishable by a maximum period of imprisonment of less than one year; or   [PL 2003, c. 452, Pt. H, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more.   [PL 2003, c. 452, Pt. H, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. H, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Affirmative defense.
It is an affirmative defense to prosecution under subsection 1 that the failure to appear resulted from just cause.
[PL 2003, c. 452, Pt. H, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Strict liability.
Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[PL 2003, c. 452, Pt. H, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1995, c. 356, §16 (AMD). PL 2003, c. 452, §H2 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 1: GENERAL PROVISIONS › 15 §1091-A. Failure to report

§1091-A. Failure to report
1.  Failure to report after stay of execution.
A defendant who has been sentenced but granted a stay of execution to report until a specified date or event and who, in fact, fails to report as ordered is guilty of:
A. A Class E crime if the underlying crime was punishable by a maximum period of imprisonment of less than one year; or   [PL 1995, c. 456, §1 (NEW).]
B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more.   [PL 1995, c. 456, §1 (NEW).]
[PL 2013, c. 266, §1 (AMD).]
2.  Affirmative defense.
It is an affirmative defense to prosecution under subsection 1 that the failure to report resulted from just cause.
[PL 2013, c. 266, §1 (NEW).]
3.  Strict liability.
Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[PL 2013, c. 266, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 456, §1 (NEW). PL 2013, c. 266, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 1: GENERAL PROVISIONS › 15 §1092. Violation of condition of release

§1092. Violation of condition of release
1.  Violation of condition of release.
A defendant who has been granted preconviction or postconviction bail and who, in fact, violates a condition of release is guilty of:
A. A Class E crime; or   [PL 2003, c. 452, Pt. H, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more and the condition of release violated is one specified in section 1026, subsection 3, paragraph A, subparagraph (5) or (8).   [PL 2023, c. 293, §1 (AMD).]
[PL 2023, c. 293, §1 (AMD).]
2.  Affirmative defense.
It is an affirmative defense to prosecution under subsection 1 that the violation resulted from just cause.
[PL 2003, c. 452, Pt. H, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Strict liability.
Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
[PL 2003, c. 452, Pt. H, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4.  Limitations on authority of bail commissioner to set bail.
A court may, but a bail commissioner 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;   [PL 2011, c. 341, §3 (NEW).]
B. The underlying crime for which preconviction or post-conviction bail was granted is classified as Class C or above; or   [PL 2013, c. 519, §3 (AMD).]
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 11 or sexual exploitation of minors pursuant to Title 17‑A, chapter 12.   [PL 2013, c. 519, §3 (AMD).]
If a bail commissioner 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 may not set bail on the violation of the condition of release.
[PL 2013, c. 519, §3 (AMD).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1987, c. 870, §9 (AMD). PL 1995, c. 356, §17 (AMD). PL 2003, c. 452, §H3 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 449, §2 (AMD). PL 2011, c. 341, §3 (AMD). PL 2013, c. 519, §3 (AMD). PL 2023, c. 293, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 1: GENERAL PROVISIONS › 15 §1093. Revocation of preconviction bail (REPEALED)

§1093. Revocation of preconviction bail
(REPEALED)
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1987, c. 870, §10 (AMD). PL 1989, c. 147, §6 (AMD). PL 1991, c. 393, §3 (AMD). PL 1995, c. 356, §18 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 1: GENERAL PROVISIONS › 15 §1094-A. Improper contact after bail has been revoked and denied

§1094-A. Improper contact after bail has been revoked and denied
A person is guilty of improper contact after bail has been revoked and denied if, while being detained as a result of the person’s preconviction or post-conviction bail having been revoked and denied, the person intentionally or knowingly makes direct or indirect contact with a person when that contact was prohibited under a former condition of release. Violation of this section is a Class D crime.   [PL 2011, c. 604, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 604, §1 (NEW).