APPROVED CHAPTER
JUNE 28, 2023 340
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 244 - L.D. 576
An Act to Facilitate Communication Between Pro Se Defendants and
Prosecutors While Protecting the Rights of Those Defendants
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the enactment of the Maine Revised Statutes, Title 15, section 815, which
prohibits most communication between prosecutors and unrepresented defendants, has
contributed to a backlog of criminal cases in the judicial system; and
Whereas, this legislation authorizes prosecutors to send written plea offers to
unrepresented defendants, to inform unrepresented defendants of diversion programs or
steps they can take to avoid pursuit of pending criminal charges and, after unrepresented
defendants have been informed of their rights by the court, to negotiate with unrepresented
defendants when they appear for dispositional conferences and to communicate with
unrepresented defendants who initiate such communications; and
Whereas, the intent of authorizing these forms of communication is to decrease delays
in the judicial system while continuing to recognize the fundamental nature of criminal
defendants' right to counsel; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §815, sub-§1, ¶C, as amended by PL 2021, c. 668, §1, is
repealed.
Sec. 2. 15 MRSA §815, sub-§1, ¶D is enacted to read:
D. Either the defendant initiates the communication or the communication takes place
at a dispositional conference and is required by Rule 18(b) of the Maine Rules of
Unified Criminal Procedure.
Page 1 - 131LR1381(03)
 Sec. 3. 15 MRSA §815, sub-§2, as amended by PL 2021, c. 668, §1, is further
amended to read:
2. Exception. Notwithstanding subsection 1, a prosecutor may communicate with an
unrepresented defendant to at any time to:
A. Offer the defendant an opportunity to participate in an established precharge a
diversion program or explain steps that the defendant can take, including obtaining
reinstatement of the defendant's driver's license or registration or engaging in a certain
amount and type of community service, the successful completion of which would
result in the prosecutor not prosecuting the charge or charges against the defendant or
recommending a dismissal of or filing of the charge or charges. A defendant's failure
to successfully complete a diversion program or to successfully undertake any other
steps that the prosecutor informed the defendant of under this subsection may not form
the basis for imposing any term of imprisonment, suspended or unsuspended, on that
defendant if that defendant is later convicted of the charge or charges that were the
subject of the discussion; or
B. Notify the defendant that a pending criminal matter is being dismissed.;
C. Notify the defendant in writing of a plea offer; or
D. Request the defendant's position on a motion to continue or a motion to correct a
typographical error in a document filed with the court.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
Page 2 - 131LR1381(03)


Statutes affected:
Bill Text LD 576, SP 244: 15.815
Bill Text ACTPUB , Chapter 340: 15.815