APPROVED CHAPTER
JUNE 11, 2021 174
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 587 - L.D. 782
An Act To Implement the Recommendations of the Department of
Corrections for Certified Batterer Intervention Programming
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1501, sub-§9, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
9. Recognize domestic violence and certified batterers' domestic violence
intervention programs. Recognize domestic violence as a serious crime against the
individual and society and to recognize batterers' domestic violence intervention programs
certified pursuant to Title 19‑A, section 4014 as the most appropriate and effective
community intervention in cases involving domestic violence.
Sec. 2. 17-A MRSA §1804, sub-§6, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
6. Exception to limits when person ordered to complete batterers' domestic
violence intervention program and pay restitution. If the State pleads and proves that
the enumerated Class D or Class E crime was committed by the person against a family or
household member and the court orders the person to complete a certified batterers'
domestic violence intervention program as defined in Title 19‑A, section 4014, the person
may be placed on probation for a period not to exceed 2 years, except that, on motion by
the person's probation officer, the person or the court, the term of probation must be
terminated by the court when the court determines that the person has:
A. Served at least one year of probation;
B. Completed the certified batterers' domestic violence intervention program;
C. Paid in full any victim restitution ordered; and
D. From the time the period of probation commenced until the motion for termination
is heard, met all other conditions of probation.
As used in this subsection, "enumerated Class D or Class E crime" means any Class D
crime in chapter 9, any Class D or Class E crime in chapter 11, the Class D crimes described
in sections 302 and 506‑B and the Class D crimes described in sections 554, 555 and 758.
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 Sec. 3. 17-A MRSA §1807, sub-§2, ¶D, as enacted by PL 2019, c. 113, Pt. A, §2,
is amended to read:
D. Undergo, as an outpatient, available medical or psychiatric treatment, or to enter
and remain, as a voluntary patient, in a specified institution when required for that
purpose. Failure to comply with this condition is considered only as a violation of
probation and may not, in itself, authorize involuntary treatment or hospitalization.
The court may not order and the State may not pay for the person to attend a batterers'
intervention program unless the program is certified under Title 19‑A, section 4014;
Sec. 4. 17-A MRSA §1807, sub-§2, ¶D-1 is enacted to read:
D-1. Complete a certified domestic violence intervention program. The court may not
order and the State may not pay for the person to attend a domestic violence
intervention program unless the program is certified under Title 19-A, section 4014;
Sec. 5. 17-A MRSA §1807, sub-§4, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
4. Findings or explanation required in certain cases when completion of batterers'
domestic violence intervention program is not ordered as a condition of probation. If
an individual is convicted of a crime under chapter 9 or 13 or section 758 that the State
pleads and proves was committed by the individual against a spouse, domestic partner or
sexual partner; a former spouse, domestic partner or sexual partner; a victim with whom
the individual is living or lived as a spouse; or a victim who is or was a dating partner of
the individual and the court does not order as a condition of probation that the individual
complete a batterers' domestic violence intervention program certified pursuant to Title
19‑A, section 4014, the court shall make findings on the record of the court's reasons for
not ordering the individual to complete a batterers' certified domestic violence intervention
program. If a plea agreement submitted to the court in accordance with Rule 11A(b) of the
Maine Rules of Unified Criminal Procedure does not contain a provision ordering the
individual to complete a batterers' certified domestic violence intervention program, the
attorney for the State shall indicate, in a writing submitted to the court, the basis for the
plea agreement's not including completion of a batterers' certified domestic violence
intervention program as a condition of probation. For purposes of this subsection, "dating
partner" means a victim currently or formerly involved in dating the individual, whether or
not the individual and the victim are or were sexual partners. For purposes of this
subsection, "domestic partner" means one of 2 unmarried adults who are domiciled together
under a long-term arrangement that evidences a commitment to remain responsible
indefinitely for each other's welfare.
Sec. 6. 17-A MRSA §2102, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
1. Information provided to victim. When practicable, the The attorney for the State
shall make a good faith effort to inform each victim of the following:
A. The details of a plea agreement, including a deferred disposition, before it is
submitted to the court;
B. The right to comment on a plea agreement, including a deferred disposition,
pursuant to section 2103;
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 C. The proposed dismissal or filing of an indictment, information or complaint
pursuant to the Maine Rules of Unified Criminal Procedure, Rule 48, before that action
is taken;
D. The time and place of the trial;
E. The time and place of sentencing;
F. The right to participate at sentencing pursuant to section 2104; and
F-1. The termination of probation pursuant to section 1804, subsection 6; and
G. The right to comment on the proposed early termination of probation, early
termination of administrative release or conversion of probation to administrative
release, pursuant to section 2105.
Sec. 7. 17-A MRSA §2108, sub-§2, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
2. Disclosure to law enforcement or victims' service agency. Records that pertain
to a victim's current address or location or that contain information from which a victim's
current address or location could be determined may be disclosed only to:
A. A state agency if necessary to carry out the statutory duties of that agency;
B. A criminal justice agency if necessary to carry out the administration of criminal
justice or the administration of juvenile justice;
C. A victims' service agency with a written agreement with a criminal justice agency
to provide services as a victim advocate; or
D. A person or agency upon request of the victim.;
E. A certified domestic violence intervention program in which the defendant in a
criminal proceeding involving the victim has enrolled or will enroll; or
F. The domestic violence center serving the same county as the certified domestic
violence intervention program in which the defendant in a criminal proceeding
involving the victim has enrolled or will enroll.
Sec. 8. 19-A MRSA §1653, sub-§2, ¶E, as enacted by PL 1995, c. 694, Pt. B, §2
and affected by Pt. E, §2, is amended to read:
E. The order of the court may not include a requirement that the State pay for the
defendant to attend a batterers' domestic violence intervention program unless the
program is certified under section 4014.
Sec. 9. 19-A MRSA §4013, sub-§1, ¶A, as amended by PL 2019, c. 188, §1, is
further amended by amending subparagraph (9-F) to read:
(9-F) One member, appointed by the Governor, who has experience working in
batterers' domestic violence intervention programs;
Sec. 10. 19-A MRSA §4013, sub-§4, ¶A, as amended by PL 2001, c. 240, §2 and
PL 2003, c. 689, Pt. B, §7, is further amended to read:
A. The chair of the commission shall appoint members of the panel who have
experience in providing services to victims of domestic and sexual abuse and shall
include at least the following: the Chief Medical Examiner, a physician, a nurse, a law
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 enforcement officer, the Commissioner of Health and Human Services, the
Commissioner of Corrections, the Commissioner of Public Safety, a judge as assigned
by the Chief Justice of the Supreme Judicial Court, a representative of the Maine
Prosecutors Association, an assistant attorney general responsible for the prosecution
of homicide cases designated by the Attorney General, an assistant attorney general
handling child protection cases designated by the Attorney General, a victim-witness
advocate, a mental health service provider, a facilitator of a certified batterers' domestic
violence intervention program under section 4014 and 3 persons designated by a
statewide coalition for family crisis services. Members who are not state officials serve
a 2-year term without compensation, except that of those initially appointed by the
chair, 1/2 must be appointed for a one-year term.
Sec. 11. 19-A MRSA §4014, as amended by PL 2013, c. 424, Pt. B, §8, is further
amended to read:
§4014. Certification of batterers' Certified domestic violence intervention programs
1. Rules establishing standards and procedures for certification. The Department
of Corrections, referred to in this section as the "department," shall adopt rules pursuant to
the Maine Administrative Procedure Act, in consultation with the Maine Commission on
Domestic and Sexual Abuse, that establish standards and procedures for certification of
batterers' domestic violence intervention programs. The department, in consultation with
the commission, shall review and certify programs that meet the standards. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2‑A.
3. Information sharing with certified domestic violence intervention programs.
In a criminal proceeding that results in the issuance of a court order that directs a person to
complete a certified domestic violence intervention program, within 7 days of the issuance
of the order, the attorney for the State shall provide to the certified domestic violence
intervention program in which the person has enrolled or will enroll:
A. The incident report from a law enforcement agency submitted to the attorney for
the State that is most relevant to the criminal proceeding, which the certified domestic
violence intervention program is authorized to receive pursuant to Title 16, section 805,
subsection 5; and
B. The last known contact information for the victim in the criminal proceeding.
Sec. 12. 22 MRSA §4036, sub-§1, ¶I, as amended by PL 1995, c. 694, Pt. D, §43
and affected by Pt. E, §2, is further amended to read:
I. The court may not order and the State may not pay for the defendant to attend a
batterers' domestic violence intervention program unless the program is certified under
Title 19‑A, section 4014.
Sec. 13. 34-A MRSA §1206-A, sub-§1, ¶B, as amended by PL 2017, c. 407, Pt.
A, §151, is further amended to read:
B. "Community intervention program" means a program operated at the community
level providing services designed to intervene in the risk factors for reoffending,
including, but not limited to, mental health, sex offender treatment, social service and
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 substance use disorder treatment programs, but not including a batterers' domestic
violence intervention program under Title 19‑A, section 4014.
Sec. 14. 34-A MRSA §1214, sub-§5, as amended by PL 2017, c. 407, Pt. A, §153,
is further amended to read:
5. Report regarding batterers domestic violence intervention programs.
Beginning January 2003 and annually thereafter, the department shall report to the joint
standing committee of the Legislature having jurisdiction over criminal justice matters
regarding the work of batterers domestic violence intervention programs. The report must
include information regarding: meeting program benchmarks and goals, developing and
implementing new programs, measuring effectiveness of existing programs and
communicating and coordinating efforts with providers of substance use disorder services,
literacy support and other services with whom batterers persons ordered to complete a
domestic violence intervention program may need to work in order to participate
meaningfully in a batterers domestic violence intervention program.
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Statutes affected:
Bill Text ACTPUB , Chapter 174: 17-A.1501, 17-A.1804, 17-A.1807, 17-A.2102, 17-A.2108, 19-A.1653, 19-A.4013, 19-A.4014, 22.4036, 34-A.1206, 34-A.1214