LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
397
JULY 1, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 1266 - L.D. 1703
An Act To Amend the Bail Code
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §1023, sub-§5, as amended by PL 2009, c. 23, §1, is further
amended to read:
5. Fees. A bail commissioner is entitled to receive a fee not to exceed $60 for the
charges pursuant to which the defendant is presently in custody, unless the defendant lacks
the present financial ability to pay the fee. A defendant presently in custody who is
qualified to be released upon personal recognizance or upon execution of an unsecured
appearance bond, whether or not accompanied by one or more conditions of bail that have
been set by a judicial officer, but who in fact lacks the present financial ability to pay a bail
commissioner fee, must nonetheless be released upon personal recognizance or upon
execution of an unsecured appearance bond. A bail commissioner may not refuse to
examine a person to determine the person's eligibility for bail, set bail, prepare the personal
recognizance or bond or take acknowledgement of the person in custody because the person
in custody lacks the present financial ability to pay a bail commissioner fee. The bail
commissioner shall submit such forms as the Judicial Department directs to verify the
amount of fees received under this subsection. The sheriff of the county in which the
defendant is detained may create a fund for the distribution by the sheriff or the sheriff's
designee for the payment in whole or in part of the $60 bail commissioner fee for those
defendants who do not have the financial ability to pay that fee.
A bail commissioner fee under this subsection is not a financial condition of release for the
purposes of section 1026, subsection 3, paragraph B-1.
Sec. 2. 15 MRSA §1026, sub-§3, ¶A, as amended by PL 2017, c. 407, Pt. A, §51,
is further amended by amending subparagraph (9-A) to read:
(9-A) Submit to:
(a) A random search for possession or use prohibited by a condition imposed
under subparagraph (8) or (9); or
(a-1) A random search for possession or use prohibited by a condition imposed
under subparagraph (9) if the defendant is a participant in a specialty court
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 docket under Title 4, chapter 8, 8-A or 8-B, or any other specialty docket
established by the Judicial Department, or by agreement of the parties as part
of a deferred disposition under Title 17-A, section 1902; or
(b) A search upon articulable suspicion for possession or use prohibited by a
condition imposed under subparagraph (8) or (9);
Sec. 3. 15 MRSA §1026, sub-§3, ¶A, as amended by PL 2017, c. 407, Pt. A, §51,
is further amended by repealing subparagraph (14).
Sec. 4. 15 MRSA §1026, sub-§3, ¶B-1 is enacted to read:
B-1. Notwithstanding paragraph A, subparagraphs (11), (12) and (18) and paragraph
B, a judicial officer may not impose a financial condition on a defendant for whom the
highest class of crime charged is a Class E crime, except that a financial condition may
be imposed on a defendant charged with a Class E crime:
(1) That is a violation of Title 17-A, chapter 11;
(2) That was committed against a family or household member as defined in Title
19-A, section 4002, subsection 4 or a dating partner as defined in Title 19-A,
section 4002, subsection 3-A;
(3) That is a violation of a condition of release committed while the defendant is
released on bail for a charge that involves: a violation of Title 17-A, chapter 11; a
crime against a family or household member as defined in Title 19-A, section 4002,
subsection 4; or a crime against a dating partner as defined in Title 19-A, section
4002, subsection 3-A;
(4) That is a violation of a condition of release premised on an allegation of new
criminal conduct;
(5) When the defendant has failed to appear on the underlying Class E charge; or
(6) By stipulation. A financial condition imposed under this subparagraph may
not exceed $5.
Sec. 5. 15 MRSA §1026, sub-§4, ¶C, as amended by PL 2017, c. 407, Pt. A, §52,
is further amended to read:
C. The history and characteristics of the defendant, including, but not limited to:
(1) The defendant's character and physical and mental condition;
(2) The defendant's family ties in the State;
(3) The defendant's employment history in the State;
(4) The defendant's financial resources, including the ability of the defendant to
afford a financial condition imposed by the judicial officer;
(5) The defendant's length of residence in the community and the defendant's
community ties;
(6) The defendant's past conduct, including any history of substance use disorder;
(7) The defendant's criminal history, if any;
(8) The defendant's record concerning appearances at court proceedings;
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 (9) Whether, at the time of the current offense or arrest, the defendant was on
probation, parole or other release pending trial, sentencing, appeal or completion
of a sentence for an offense in this jurisdiction or another;
(9-A) Any evidence that the defendant poses a danger to the safety of others in the
community, including the results of a validated, evidence-based domestic violence
risk assessment recommended by the Maine Commission on Domestic and Sexual
Abuse, established in Title 5, section 12004‑I, subsection 74‑C, and approved by
the Department of Public Safety;
(10) Any evidence that the defendant has obstructed or attempted to obstruct
justice by threatening, injuring or intimidating a victim or a prospective witness,
juror, attorney for the State, judge, justice or other officer of the court; and
(11) Whether the defendant has previously violated conditions of release,
probation or other court orders, including, but not limited to, violating protection
from abuse orders pursuant to former Title 19, section 769 or Title 19‑A, section
4011.;
(12) Whether the defendant is the person primarily responsible for the care of
another person;
(13) Whether the defendant has a specific health care need, including a mental
health care need, that is being met or would be better met outside of custody; and
(14) Whether being placed or remaining in custody would prevent the defendant
from maintaining employment.
Sec. 6. 15 MRSA §1026, sub-§5, ¶A, as enacted by PL 1987, c. 758, §20, is
amended to read:
A. Include a written statement that sets forth all the conditions to which the release is
subject in a manner sufficiently clear and specific to serve as a guide for the defendant's
conduct; and:
(1) All the conditions to which the release is subject in a manner sufficiently clear
and specific to serve as a guide for the defendant's conduct; and
(2) If an agreement to forfeit money under subsection 3, paragraph A,
subparagraph (11) or (12) is ordered, the reason the judicial officer has set the
amount of money ordered to be forfeited under the agreement; and
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Statutes affected:
Bill Text LD 1703, HP 1266: 15.1023, 15.1026, 15.1095, 15.1097
Bill Text ACTPUB , Chapter 397: 15.1023, 15.1026