This bill is a concept draft pursuant to Joint Rule 208. The bill would ensure due process for a recipient of a no trespass order from a State Government entity that prohibits the recipient of the order from accessing certain state properties.
1. The legislation is limited to state properties where the public accesses state services and where the public has a reasonable expectation of entry.
2. The no trespass order must include a reason for the order that is available to the recipient of the order upon request of the recipient of the order.
3. The allowable reasons to serve such a no trespass order are harassment of the State Government entity as defined in the Maine Revised Statutes, Title 5, section 4651, subsection 2 or a refusal to leave the state property upon request 3 or more times in a one- month period.
4. The recipient of the no trespass order may contest the order within 14 days of the receipt of the order.
5. The court must set a date for return within 7 days of the recipient's contesting the order.
6. In a court proceeding on the issuance of such a no trespass order, the court must use the procedure as described for the issuance of a protection from abuse order under Title
19-A, chapter 103 and ensure that a defendant in a proceeding on the issuance of a no trespass order receives the same due process protections as a defendant in a proceeding on the issuance of a protection from abuse order.