This bill authorizes a court to enter an order of conditional discharge suspending all of a defendant's pending criminal proceedings for a period of up to 6 months, during which time the defendant must refrain from engaging in criminal conduct and must abide by certain conditions, similar to conditions of probation, that the court considers to be reasonable and appropriate to assist the defendant in leading a law-abiding life. A defendant is eligible for a conditional discharge if the defendant has not previously been convicted of murder or a Class A, Class B or Class C crime; is currently charged with only one or more Class B drug crimes or Class C, Class D or Class E crimes; has not previously been subject to a conditional discharge; and consents in writing to the conditional discharge. At the end of the conditional discharge, the court is required to enter an order dismissing with prejudice all of the pending criminal charges that were the subject of the order of conditional discharge. During the period of conditional discharge, the defendant, the attorney for the State or an individual or organization designated by the court to supervise the defendant during the period of conditional discharge may file a motion to modify the conditions of discharge. In addition, if the attorney for the State proves by a preponderance of the evidence that the defendant has inexcusably failed to comply with a court-imposed condition of the conditional discharge, the court may add further conditions of conditional discharge; may extend the period of conditional discharge for a period of no more than 6 months; or may terminate the conditional discharge and order that all suspended criminal proceedings are no longer suspended. A defendant who violates a condition of conditional discharge may not be charged with a crime unless the conduct constitutes a crime under another provision of law. The bill also amends the so-called Good Samaritan law to provide that a defendant is immune from proceedings to terminate a conditional discharge if the grounds for the
45 termination motion are obtained as a result of a medical professional's or law enforcement
46 officer's responding to a request for medical assistance for a suspected drug-related
47 overdose or if the identity of the defendant is learned or the defendant is identified as a
48 person subject to termination of a conditional discharge as a result of a medical
49 professional's or law enforcement officer's responding to a request for medical assistance
50 for a suspected drug-related overdose. Finally, the bill provides that the Commissioner of Inland Fisheries and Wildlife may suspend any of a defendant's fish or wildlife licenses or permits or may refuse to issue a related fish or wildlife license or permit to a defendant based on the entry of an order of conditional discharge against the defendant charged with violating any provision of the Maine Revised Statutes, Title 12, Part 13. Under current law, the commissioner may suspend any fish or wildlife license or permit or refuse to issue a related fish or wildlife license or permit based on a defendant's conviction, adjudication, deferred disposition or written filing agreement with the State related to a violation of any provision of Title 12, Part 13.

Statutes affected:
Bill Text LD 449, HP 303: 12.10902, 16.703, 17-A.1111