LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
480
JULY 15, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 1254 - L.D. 1685
An Act To Protect the Constitutional Rights of Indigent Defendants
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §815 is enacted to read:
§815. Communication between prosecutor and unrepresented defendant
1. Requirements for communication. To ensure that all waivers of the right to
counsel are made knowingly, voluntarily and intelligently, a prosecutor may not
communicate with an unrepresented defendant unless:
A. The defendant has been informed of the defendant's right to court-appointed
counsel;
B. The court has provided to the defendant a statement of:
(1) The substance of the charges against the defendant;
(2) The defendant's right to retain counsel, to request the assignment of counsel
and to be allowed a reasonable time and opportunity to consult counsel before
entering a plea;
(3) The defendant's right to remain silent and that the defendant is not required to
make a statement and that any statement made by the defendant may be used
against the defendant;
(4) The maximum possible sentence and any applicable mandatory minimum
sentence; and
(5) The defendant's right to trial by jury; and
C. The defendant has executed a written waiver of the right to counsel in each
prosecution.
2. Exception. Notwithstanding subsection 1, a prosecutor may communicate with an
unrepresented defendant who has not executed a written waiver of the right to counsel to
offer the defendant an opportunity to participate in an established precharge diversion
program the successful completion of which results in the prosecutor not prosecuting the
charge or charges against the defendant.
Page 1 - 130LR2056(07)


Statutes affected:
Bill Text LD 1685, HP 1254: 4.1804, 4.1805