Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                JULY 22, 2021               121
                                                               BY GOVERNOR               RESOLVES
                                 STATE OF MAINE
                                         _____
                          IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-ONE
                                         _____
                                  H.P. 408 - L.D. 563
         Resolve, To Create the Criminal Records Review Committee
   Sec. 1. Review committee established. Resolved: That the Criminal Records
Review Committee, referred to in this resolve as "the review committee," is established.
   Sec. 2. Review committee membership. Resolved: That, notwithstanding Joint
Rule 353, the review committee consists of the members appointed as follows:
   1. Two members of the Senate appointed by the President of the Senate, including one
member from each of the 2 parties holding the largest number of seats in the Legislature;
    2. Two members of the House of Representatives appointed by the Speaker of the
House of Representatives, including one member from each of the 2 parties holding the
largest number of seats in the Legislature;
    3. The Attorney General or the Attorney General's designee;
    4. The Commissioner of Health and Human Services or the commissioner's designee;
    5. The Commissioner of Public Safety or the commissioner's designee;
    6. The Commissioner of Corrections or the commissioner's designee;
    7. The President of the Maine Prosecutors Association or the president's designee;
    8. The President of the Maine Association of Criminal Defense Lawyers or the
president's designee;
    9. The President of the Maine Sheriffs' Association or the president's designee;
    10. The President of the Maine Chiefs of Police Association or the president's
designee;
    11. The chair of the Right To Know Advisory Committee or the chair's designee;
   12. A representative of a civil rights organization whose primary mission includes the
advancement of racial justice, appointed by the President of the Senate;
   13. A representative of an organization that provides legal assistance on immigration,
appointed by the President of the Senate;
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    14. A representative of an organization whose primary mission is to address issues
related to poverty, appointed by the President of the Senate;
    15. A representative of a statewide nonprofit organization whose mission includes
advocating for victims and survivors of domestic violence, appointed by the President of
the Senate;
   16. A representative of a substance use disorder treatment or recovery community,
appointed by the President of the Senate;
    17. A representative of an adult and juvenile prisoners' rights organization, appointed
by the President of the Senate;
     18. A representative of newspaper and other press interests, appointed by the President
of the Senate;
    19. A representative of broadcasting interests, appointed by the Speaker of the House
of Representatives;
   20. A representative of a statewide nonprofit organization whose mission includes
advocating for victims and survivors of sexual assault, appointed by the Speaker of the
House of Representatives;
     21. A representative of an organization that provides free civil legal assistance to
citizens of the State with low incomes, appointed by the Speaker of the House of
Representatives;
   22. A representative of a mental health advocacy organization, appointed by the
Speaker of the House of Representatives;
    23. A representative of a civil liberties organization whose primary mission is the
protection of civil liberties, appointed by the Speaker of the House of Representatives;
    24. A representative of a nonprofit organization whose primary mission is to advocate
for victims and survivors of sexual exploitation and sex trafficking, appointed by the
Speaker of the House of Representatives;
    25. A representative of an organization involved in advocating for juvenile justice
reform, appointed by the Speaker of the House of Representatives; and
    26. A representative of a public records access advocacy organization, appointed by
the Speaker of the House of Representatives.
    The review committee shall invite the Chief Justice of the Supreme Judicial Court to
designate a member of the judicial branch to serve as a member of the committee.
    Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair
and the first-named House of Representatives member is the House chair of the review
committee.
    Sec. 4. Appointments; convening of review committee. Resolved: That all
appointments must be made no later than 30 days following the effective date of this
resolve. The appointing authorities shall notify the Executive Director of the Legislative
Council once all appointments have been completed. After appointment of all members,
the chairs shall call and convene the first meeting of the review committee. If 30 days or
more after the effective date of this resolve a majority of but not all appointments have
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been made, the chairs may request authority and the Legislative Council may grant
authority for the review committee to meet and conduct its business.
    Sec. 5. Duties. Resolved: That the review committee shall:
    1. Review activities in other states that address the expungement, sealing, vacating of
and otherwise limiting public access to criminal records;
    2. Consider "clean slate" legislation options;
    3. Consider whether the following convictions should be subject to different treatment:
    A. Convictions for conduct that has been decriminalized in this State over the last 10
    years and conduct that is currently under consideration for decriminalization; and
    B. Convictions for conduct that was committed by victims and survivors of sexual
    exploitation and sex trafficking;
   4. Consider whether there is a time limit after which some or all criminal records
should not be publicly available;
    5. Invite comments and suggestions from interested parties, including but not limited
to victim advocates and prison and correctional reform organizations;
    6. Review existing information about the harms and benefits of making criminal
records confidential, including the use and dissemination of those records;
    7. Invite comments and suggestions concerning the procedures to limit public
accessibility of criminal records;
    8. Consider who, if anyone, should continue to have access to criminal records that are
not publicly available; and
    9. Develop options to manage criminal records.
    Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide
necessary staffing services to the review committee, except that Legislative Council staff
support is not authorized when the Legislature is in regular or special session.
     Sec. 7. Report. Resolved: That, no later than December 3, 2021, the review
committee shall submit to the Joint Standing Committee on Judiciary a report that includes
its findings and recommendations, including suggested legislation, for presentation to the
Second Regular Session of the 130th Legislature.
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