Legislative Document No. 182 H.P. 145 House of Representatives, January 17, 2019
An Act To Amend the Maine Bail Code Regarding the Financial Capacity of a Defendant To Post Bond
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative PIERCE of Falmouth. Cosponsored by Senator ROSEN of Hancock and Representatives: BEEBE-CENTER of Rockland, BRENNAN of Portland, DUNPHY of Old Town, McCREIGHT of Harpswell, MORALES of South Portland, WARREN of Hallowell, Senators: MILLETT of Cumberland, POULIOT of Kennebec.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 15 MRSA §1026, sub-§8 is enacted to read: 3 8. Financial capacity of defendant. A defendant who the court determines is not 4 dangerous, is not a flight risk in the absence of bond and is otherwise eligible for bail may 5 not be detained solely because of financial inability to post a money or property bond and 6 may file a motion with the court requesting relief from the requirement to post a money 7 or property bond. The court shall determine the financial capacity of the defendant and 8 rule on the motion in an expedited manner.
9 SUMMARY 10 This bill amends the Maine Bail Code to provide that a defendant who is not 11 dangerous, is not a flight risk in the absence of bond and is otherwise eligible for bail may 12 not be detained solely due to financial inability to post a money or property bond and may 13 file a motion with the court requesting relief from the requirement to post a money or 14 property bond. This bill requires the court to determine the financial capacity of the 15 defendant and rule on the motion in an expedited manner.
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