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USA Statutes : maine
Title : Title 15. COURT PROCEDURE -- CRIMINAL
Chapter : Chapter 105-A. MAINE BAIL CODE (HEADING. PL 1987, c. 758, @20 (new))
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Title 15 - §1001. Title
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 758, @20 (new))
§1001. Title
This chapter shall be known and may be cited as the "Maine Bail Code."
[1987, c. 758, §20 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1002. Legislative findings; statement of purpose
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 758, @20 (new))
§1002. Legislative findings; statement of purpose
The Legislature finds that the statutory provisions relative to bail for a defendant in a criminal case are scattered throughout
numerous provisions of Maine's statutory law and that many such statutory provisions have not been updated to reflect the
modern development of the law. The Legislature finds that the Supreme Judicial Court sitting as the Law Court has recently
decided cases interpreting the various constitutional provisions dealing with bail for a defendant in a criminal proceeding
and has provided guidance as to the proper interpretation of those constitutional provisions. The Legislature finds that it
is in the interest of the State and of individual criminal defendants that the law relative to bail be incorporated into a
modern, integrated and consistent code that will provide a comprehensive statement of the law of bail. It is the purpose
and intent of this chapter to consolidate and clarify the various provisions of Maine law dealing with the subject of bail
for a defendant in a criminal case.
[1987, c. 758, §20 (new).]
div>
It is the purpose and intent of this chapter that bail be set for a defendant in order to reasonably ensure the appearance
of the defendant as required, to otherwise reasonably ensure the integrity of the judicial process and, when applicable, to
reasonably ensure the safety of others in the community. It is also the purpose and intent of this chapter that the judicial
officer consider, relative to crimes bailable as of right preconviction, the least restrictive release alternative that will
reasonably ensure the attendance of the defendant as required, or otherwise reasonably ensure the integrity of the judicial
process. Finally, it is also the intent and purpose of this chapter that a defendant, while at liberty on bail, refrain from
committing new crimes.
[1997, c. 543, §1 (amd).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1987,
Ch. 870,
§1
(AMD).
PL 1997,
Ch. 543,
§1,2
(AMD).
PL 1997,
Ch. 585,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1003. Definitions
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 758, @20 (new))
§1003. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1987, c. 758, §20 (new).]
1. Bail. "Bail" is defined as follows.
A. In the preconviction context, "bail" means the obtaining of the release of the defendant upon an undertaking that the defendant
shall appear at the time and place required, that the defendant shall conform to any condition imposed, in accordance with
section 1026, designed to ensure the integrity of the judicial process and that the defendant shall refrain from any new criminal
conduct. For crimes bailable only as a matter of discretion preconviction, bail also means the obtaining of the release of
the defendant upon an undertaking that the defendant shall conform to each condition that is designed to ensure the safety
of others in the community.
[1997, c. 543, §3 (amd).]
B. In the post-conviction context, "bail" means the obtaining of the release of the defendant upon an undertaking that the
defendant shall appear and surrender into custody at the time and place required, that the defendant shall refrain from any
new criminal conduct and that the defendant shall conform to each condition imposed that is designed to otherwise ensure the
integrity of the judicial process and to ensure the safety of others in the community.
[1997, c. 543, §4 (amd).]
[1997, c. 543, §§3, 4 (amd).]
2. Court. "Court" means any Justice of the Supreme Judicial Court or Superior Court or any active retired justice and any District
Court Judge or active retired judge when assigned under Title 4, section 157-C.
[1999, c. 547, Pt. B, §38 (amd); §80 (aff).]
3. Crime bailable as of right preconviction. "Crime bailable as of right preconviction" means a crime for which, under the Constitution of Maine, Article I, Section
10, a defendant has an absolute right to have bail set at the preconviction stage of any criminal proceeding.
[1987, c. 758, §20 (new).]
4. Crime bailable only as a matter of discretion preconviction. "Crime bailable only as a matter of discretion preconviction" means a formerly capital offense for which, pursuant to a
Harnish bail proceeding, a capital defendant's conditional constitutional right to have bail set at the preconviction stage
of a criminal proceeding has been extinguished.
[1987, c. 758, §20 (new).]
5. Ensure the integrity of the judicial process. To "ensure the integrity of the judicial process," when used in the context of the granting or denial of bail, means safeguarding
the role of the courts in adjudicating the guilt or innocence of defendants by ensuring the presence of the defendant in court
and otherwise preventing the defendant from obstructing or attempting to obstruct justice by threatening, injuring or intimidating
a victim, prospective witness, juror, attorney for the State, judge, justice or other officer of the court.
A.
[1997, c. 585, §2 (rp).]
B.
[1997, c. 585, §2 (rp).]
[1997, c. 585, §2 (rpr).]
5-A. Failure to appear. "Failure to appear" includes a failure to appear at the time or place required by a release order and the failure to surrender
into custody at the time and place required by a release order or by the Maine Rules of Criminal Procedure, Rule 32(a) and
Rule 38(c).
[2003, c. 15, §1 (amd).]
6. Formerly capital offenses. "Formerly capital offenses" means crimes which have been denominated capital offenses since the adoption of the Constitution
of Maine.
[1987, c. 758, §20 (new).]
7. Harnish bail proceeding. "Harnish bail proceeding" means a preconviction bail proceeding in which the State is offered the opportunity to obtain
a judicial finding of probable cause that the defendant has committed a formerly capital offense, and the defendant, at the
same proceeding, is afforded the opportunity to know and rebut the case against the defendant.
[1987, c. 758, §20 (new).]
8. Judicial officer. "Judicial officer" includes the court, as defined in subsection 2, and a bail commissioner.
[1987, c. 758, §20 (new).]
8-A. New criminal conduct. "New criminal conduct" refers to criminal activity by a defendant occurring after bail has been set.
[1997, c. 543, §6 (new).]
9. Post-conviction. "Post-conviction" means any point in a criminal proceeding after a verdict or finding of guilty or after the acceptance
of a plea of guilty or nolo contendere.
[1995, c. 356, §2 (amd).]
10. Preconviction. "Preconviction" means any point in a criminal proceeding before a verdict in the context of a jury trial or finding of guilty
in the context of a jury-waived trial or before the acceptance of a plea of guilty or nolo contendere.
[1995, c. 356, §2 (amd).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1987,
Ch. 870,
§2
(AMD).
PL 1995,
Ch. 356,
§1,2
(AMD).
PL 1997,
Ch. 543,
§3-6
(AMD).
PL 1997,
Ch. 585,
§2
(AMD).
PL 1999,
Ch. 547,
§B38
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 2003,
Ch. 15,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1004. Applicability and exclusions
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 758, @20 (new))
§1004. Applicability and exclusions
This chapter applies to the setting of bail for a defendant in a criminal proceeding, including the setting of bail for an
alleged contemnor in a plenary contempt proceeding involving a punitive sanction under the Maine Rules of Criminal Procedure,
Rule 42 or the Maine Rules of Civil Procedure, Rule 66. It does not apply to the setting of bail in extradition proceedings
under sections 201 to 229 or post-conviction review proceedings under sections 2121 to 2132, probation revocation proceedings
under Title 17-A, sections 1205 to 1207, supervised release revocation proceedings under Title 17-A, section 1233 or administrative
release revocation proceedings under Title 17-A, sections 1349 to 1349-F, except to the extent and under the conditions stated
in those sections. This chapter applies to the setting of bail for an alleged contemnor in a summary contempt proceeding
involving a punitive sanction under the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure,
Rule 66 and to the setting of bail relative to a material witness only as specified in sections 1103 and 1104, respectively.
[2003, c. 711, Pt. A, §3 (amd).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1997,
Ch. 317,
§A1
(AMD).
PL 1999,
Ch. 788,
§1
(AMD).
PL 2003,
Ch. 711,
§A3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1021. Superior Court and Supreme Judicial Court Justices
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1021. Superior Court and Supreme Judicial Court Justices
Any Justice of the Supreme Judicial Court or Superior Court or any active retired justice shall set preconviction bail for
a defendant in a criminal proceeding in accordance with this chapter.
[1987, c. 758, §20 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1022. District Court Judges
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1022. District Court Judges
Any District Court Judge or active retired judge shall set preconviction bail for a defendant in a criminal proceeding in
accordance with this chapter. When the crime upon examination is found to be one not within the jurisdiction of the District
Court, the judge shall set preconviction bail for the defendant to appear before the Superior Court in accordance with this
chapter.
[1987, c. 758, §20 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1023. Bail commissioners
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1023. Bail commissioners
1. Authority. A bail commissioner, appointed under this section, shall set preconviction bail for a defendant in a criminal proceeding
in accordance with this chapter, provided that a bail commissioner may not set preconviction bail for a defendant:
A. Who is charged with murder;
[1987, c. 758, §20 (new).]
B. If the attorney for the State requests a Harnish bail proceeding for a defendant charged with any other formerly capital
offense; or
[1987, c. 758, §20 (new).]
C. As otherwise provided in subsection 4.
[1987, c. 758, §20 (new).]
[1987, c. 758, §20 (new).]
2. Appointment. The Chief Judge of the District Court may appoint one or more residents of the State as bail commissioners. A bail commissioner
serves at the pleasure of the Chief Judge of the District Court, but no term for which a bail commissioner is appointed may
exceed 5 years. The Chief Judge of the District Court shall require bail commissioners to complete the necessary training
requirements set out in this section. Bail commissioners have the powers of notaries public to administer oaths or affirmations
in carrying out their duties.
[1995, c. 356, §3 (amd).]
3. Immunity from liability. A person appointed and serving as a bail commissioner is immune from any civil liability, as are employees of governmental
entities under the Maine Tort Claims Act, Title 14, chapter 741 for acts performed within the scope of the bail commissioner's
duties.
[1989, c. 617, §3 (amd).]
4. Limitations on authority. A bail commissioner may not:
A. Set preconviction bail for a defendant confined in jail or held under arrest by virtue of any order issued by a court in
which bail has not been authorized;
[2001, c. 686, Pt. A, §1 (new).]
B. Change bail set by a court; or
[2001, c. 686, Pt. A, §1 (new).]
C. In a case involving domestic violence, set preconviction bail for a defendant before making a good faith effort to obtain
from the arresting officer, the district attorney, a jail employee or other law enforcement officer:
(1) A brief history of the alleged abuser;
(2) The relationship of the parties;
(3) The name, address, phone number and date of birth of the victim; and
(4) Existing conditions of protection from abuse orders, conditions of bail and conditions of probation.
[2001, c. 686, Pt. A, §1 (new).]
[2001, c. 686, Pt. A, §1 (rpr).]
5. Fees. A bail commissioner is entitled to receive a fee not to exceed $40 for the charges pursuant to which the defendant is presently
in custody. 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 $40 bail commissioner fee for those defendants
who do not have the financial ability to pay that fee.
[1999, c. 15, §1 (amd).]
6. Attorneys-at-law. No attorney-at-law who has acted as bail commissioner in any proceeding may act as attorney for or on behalf of any defendant
for whom that attorney-at-law has taken bail in any such proceeding, nor may any attorney-at-law who has acted as attorney
for a defendant in any offense act as bail commissioner in any proceeding arising out of the offense with which the defendant
is charged.
[1987, c. 758, §20 (new).]
7. Mandatory training. As a condition of appointment and continued service, a bail commissioner must successfully complete a bail training program,
as prescribed and scheduled by the Chief Judge of the District Court, not later than one year following appointment. The
Maine Criminal Justice Academy shall provide assistance to the Chief Judge of the District Court in establishing an appropriate
training program for bail commissioners. The program shall include instruction on the provisions of this chapter, the relevant
constitutional provisions on bail and any other matters pertinent to bail that the Chief Judge of the District Court considers
appropriate and necessary. The Chief Judge of the District Court may establish a continuing education program for bail commissioners.
[1989, c. 147, §1 (amd).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1987,
Ch. 870,
§3
(AMD).
PL 1989,
Ch. 147,
§1
(AMD).
PL 1989,
Ch. 185,
§
(AMD).
PL 1989,
Ch. 617,
§3
(AMD).
PL 1993,
Ch. 675,
§B12
(AMD).
PL 1995,
Ch. 356,
§3
(AMD).
PL 1999,
Ch. 15,
§1
(AMD).
PL 2001,
Ch. 686,
§A1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1024. Clerks of court
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1024. Clerks of court
Clerks of the District Court and clerks of the Superior Court, during the hours when the clerk's office is open for business
and subject to the control of the District Court Judge or Superior Court Justice, may, without fee, take the personal recognizance
of any defendant for appearance on a charge of a Class D or Class E crime. Nothing in this section may be construed to prohibit
the appointment of any clerk of the District Court or the Superior Court as a bail commissioner, except that no fee may be
charged by the clerk while the clerk's office is open for business.
[1987, c. 758, §20 (new).]
div>
In any case when the District Judge or the Superior Court Justice has set bail for a defendant in a criminal case, the clerk
of the District Court or of the Superior Court may, subject to the approval of the District Court Judge or Superior Court
Justice, accept the bail, prepare the bond and take the acknowledgement of the defendant and sureties, if any, on the bond.
[1987, c. 758, §20 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1025. Law enforcement officers
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1025. Law enforcement officers
A law enforcement officer making a warrantless arrest under Title 17-A, section 15 may, without fee, take the personal recognizance
of any defendant for appearance on a charge of a Class D or Class E crime. If authorized, a law enforcement officer may,
without fee, take the personal recognizance with deposit in accordance with Title 12, section 10353, subsection 2, paragraph
C; and Title 12, section 9707. The law enforcement officer's authority under this section continues as long as the arrestee
remains in the officer's custody.
[2003, c. 414, Pt. B, §28 (amd); c. 614, §9 (aff).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1989,
Ch. 704,
§3
(AMD).
PL 1991,
Ch. 521,
§
(AMD).
PL 1991,
Ch. 548,
§A5
(AMD).
PL 1991,
Ch. 824,
§A23
(RPR).
PL 1995,
Ch. 356,
§4
(AMD).
PL 1997,
Ch. 678,
§20
(AMD).
PL 2001,
Ch. 604,
§20
(AMD).
PL 2003,
Ch. 414,
§B28
(AMD).
PL 2003,
Ch. 414,
§D7
(AFF).
PL 2003,
Ch. 614,
§9
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1026. Standards for release for crime bailable as of right preconviction
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1026. Standards for release for crime bailable as of right preconviction
1. In general. At the initial appearance before a judicial officer of a defendant in custody for a crime bailable as of right preconviction,
the judicial officer may issue an order that, pending trial, the defendant be released:
A. On personal recognizance or upon execution of an unsecured appearance bond under subsection 2;
[1997, c. 543, §7 (amd).]
B. On a condition or combination of conditions under subsection 3; or
[1997, c. 543, §7 (amd).]
C. On personal recognizance or execution of an unsecured appearance bond, accompanied by one or more conditions under subsection
3.
[1997, c. 543, §7 (new).]
Every order for the pretrial release of any defendant must include a waiver of extradition by the defendant and the conditions
that the defendant refrain from new criminal conduct and not violate any pending protection from abuse orders pursuant to
Title 19, section 769 or Title 19-A, section 4011.
[1997, c. 543, §7 (amd).]
2. Release on personal recognizance or unsecured appearance bond. The judicial officer shall order the pretrial release of the defendant on personal recognizance or upon execution of an
unsecured appearance bond in an amount specified by the judicial officer, unless, after consideration of the factors listed
in subsection 4, the judicial officer determines that the release will not reasonably ensure the appearance of the defendant
as required or will not otherwise reasonably ensure the integrity of the judicial process.
A.
[1997, c. 585, §3 (rp).]
B.
[1997, c. 585, §3 (rp).]
C.
[1997, c. 585, §3 (rp).]
D.
[1997, c. 585, §3 (rp).]
E.
[1997, c. 585, §3 (rp).]
F.
[1997, c. 585, §3 (rp).]
[2001, c. 252, §1 (amd).]
3. Release on conditions. Conditions that will reasonably ensure the appearance of the defendant and ensure the integrity of the judicial process
must be imposed as provided in this subsection.
A. If, after consideration of the factors listed in subsection 4, the judicial officer determines that the release described
in subsection 2 will not reasonably ensure the appearance of the defendant as required or will not otherwise reasonably ensure
the integrity of the judicial process, the judicial officer shall order the pretrial release of the defendant subject to the
least restrictive further condition or combination of conditions that the judicial officer determines will reasonably ensure
the appearance of the defendant as required and will otherwise reasonably ensure the integrity of the judicial process. These
conditions may include that the defendant:
(1) Remain in the custody of a designated person or organization agreeing to supervise the defendant, including a public
official, public agency or publicly funded organization, if the designated person or organization is able to reasonably ensure
both the appearance of the defendant as required and the integrity of the judicial process. When feasible, the judicial officer
shall impose the responsibility upon the defendant to produce the designated person or organization. The judicial officer
may interview the designated person or organization to ensure satisfaction of both the willingness and ability required.
The designated person or organization shall agree to notify immediately the judicial officer of any violation of release by
the defendant;
(2) Maintain employment or, if unemployed, actively seek employment;
(3) Maintain or commence an educational program;
(4) Abide by specified restrictions on personal associations, place of abode or travel;
(5) Avoid all contact with a victim of the alleged crime, a potential witness regarding the alleged crime or with any other
family or household members of the victim or the defendant or to contact those individuals only at certain times or under
certain conditions;
(6) Report on a regular basis to a designated law enforcement agency or other governmental agency;
(7) Comply with a specified curfew;
(8) Refrain from possessing a firearm or other dangerous weapon;
(9) Refrain from use or excessive use of alcohol and from any use of drugs;
(10) Undergo, as an outpatient, available medical or psychiatric treatment, or enter and remain, as a voluntary patient,
in a specified institution when required for that purpose;
(10-A) Enter and remain in a long-term residential facility for the treatment of substance abuse;
(11) Execute an agreement to forfeit, upon failing to appear as required, such designated property, including money, as
is reasonably necessary to ensure the appearance of the defendant as required and to ensure the integrity of the judicial
process and post with an appropriate court such evidence of ownership of the property or such percentage of the money as the
judicial officer specifies;
(12) Execute a bail bond with sureties in such amount as is reasonably necessary to ensure the appearance of the defendant
as required and to ensure the integrity of the judicial process;
(13) Return to custody for specified hours following release for employment, schooling or other limited purposes;
(14) Report on a regular basis to the defendant's attorney;
(15) Notify the court of any changes of address or employment;
(16) Provide to the court the name, address and telephone number of a designated person or organization that will know the
defendant's whereabouts at all times;
(17) Inform any law enforcement officer of the defendant's condition of release if the defendant is subsequently arrested
or summoned for new criminal conduct; and
(18) Satisfy any other condition that is reasonably necessary to ensure the appearance of the defendant as required and
to otherwise reasonably ensure the integrity of the judicial process.
[2005, c. 449, §1 (amd).]
B. The judicial officer may not impose a financial condition that, either alone or in combination with other conditions of
bail, is in excess of that reasonably necessary to ensure the appearance of the defendant as required or to otherwise ensure
the integrity of the judicial process.
[1997, c. 543, §7 (amd).]
C. Upon motion by the attorney for the State or the defendant and after notice and upon a showing of changed circumstances
or upon the discovery of new and significant information, the court may amend the bail order to relieve the defendant of any
condition of release, modify the conditions imposed or impose further conditions authorized by this subsection as the court
determines will reasonably ensure the appearance of the defendant as required and will otherwise reasonably ensure the integrity
of the judicial process.
[1987, c. 758, §20 (new).]
[2005, c. 449, §1 (amd).]
4. Factors to be considered in release decision. In setting bail, the judicial officer shall, on the basis of an interview with the defendant, information provided by the
defendant's attorney and information provided by the attorney for the State or an informed law enforcement officer if the
attorney for the State is not available and other reliable information that can be obtained, take into account the available
information concerning the following:
A. The nature and circumstances of the crime charged;
[1987, c. 758, §20 (new).]
B. The nature of the evidence against the defendant; and
[1987, c. 758, §20 (new).]
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;
(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 relating to drug or alcohol abuse;
(7) The defendant's criminal history, if any;
(8) The defendant's record concerning appearances at court proceedings;
(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;
(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 Title 19, section 769 or Title 19-A, section 4011.
[1997, c. 543, §7 (amd).]
[1997, c. 543, §7 (amd).]
5. Contents of release order. In a release order issued under subsection 2 or 3, the judicial officer shall:
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
[1987, c. 758, §20 (new).]
B. Advise the defendant of:
(1) The penalties if the defendant fails to appear as required; and
(2) The penalties for and consequences of violating a condition of release, including the immediate issuance of a warrant
for the defendant's arrest.
[1997, c. 543, §7 (amd).]
[1997, c. 543, §7 (amd).]
6. Initial appearance in court. Nothing contained in this chapter may be construed as limiting the authority of a judge or justice to consider the issue
of preconviction bail at a defendant's initial appearance in court.
[1989, c. 147, §2 (new).]
7. Applicability of conditions of release. A condition of release takes effect and is fully enforceable as of the time the judicial officer sets the condition, unless
the bail order expressly excludes it from immediate applicability.
[1995, c. 356, §5 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1987,
Ch. 870,
§4
(AMD).
PL 1989,
Ch. 147,
§2
(AMD).
PL 1995,
Ch. 356,
§5
(AMD).
PL 1997,
Ch. 543,
§7
(AMD).
PL 1997,
Ch. 585,
§3
(AMD).
PL 2001,
Ch. 252,
§1,2
(AMD).
PL 2005,
Ch. 449,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1027. Standards for release for formerly capital offenses
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1027. Standards for release for formerly capital offenses
1. In general. At the initial appearance before a judicial officer of a defendant in custody preconviction for a formerly capital offense,
the judicial officer shall issue an order under section 1026, unless the attorney for the State moves for a Harnish bail proceeding.
If the attorney for the State requests a Harnish bail proceeding before bail has been set, the judicial officer shall order
the defendant held pending a hearing under subsection 2. The attorney for the State may move for a Harnish bail proceeding
at any time preconviction. If the attorney for the State moves for a Harnish bail proceeding after bail has been set, the
court may hold the defendant pending a hearing under subsection 2 or may continue the defendant's bail.
[1987, c. 758, §20 (new).]
2. Harnish bail proceeding. A Harnish bail proceeding must be held within 5 court days of the State's request unless the court, for good cause shown
and at the request of either the defendant or the attorney for the State, grants a continuance. Evidence presented at a Harnish
bail proceeding may include testimony, affidavits and other reliable hearsay evidence as permitted by the court. If, after
the hearing, the court finds probable cause to believe that the defendant has committed a formerly capital offense, it shall
issue an order under subsection 3. If, after the hearing, the court does not find probable cause to believe that the defendant's
alleged criminal conduct was formerly a capital offense, it shall issue an order under section 1026 and may amend its bail
order as provided under section 1026, subsection 3, paragraph C.
[1995, c. 356, §6 (amd).]
3. When conditional right has been extinguished at Harnish bail proceeding. The court's finding that probable cause exists to believe that the defendant committed a formerly capital offense extinguishes
the defendant's right to have bail set. The court shall make a determination as to whether or not the setting of bail is
appropriate as a matter of discretion. The court may set bail unless the State establishes by clear and convincing evidence
that:
A. There is a substantial risk that the capital defendant will not appear as required or will otherwise pose a substantial
risk to the integrity of the judicial process;
[1997, c. 543, §8 (amd).]
B. There is a substantial risk that the capital defendant will pose a danger to another or to the community; or
[1997, c. 543, §8 (amd).]
C. There is a substantial risk that the capital defendant will commit new criminal conduct.
[1997, c. 543, §9 (new).]
In exercising its discretion, the court shall consider the factors listed in section 1026 and any prior history of dangerousness.
If the court has issued a bail order on the basis of its discretionary authority to set bail in a case involving a formerly
capital offense, the court having jurisdiction of the case may modify or deny bail at any time upon motion by the attorney
for the State or the defendant or upon its own initiative and upon a showing of changed circumstances or the discovery of
new and significant information.
[1997, c. 543, §§8, 9 (amd).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1995,
Ch. 356,
§6
(AMD).
PL 1997,
Ch. 543,
§8,9
(AMD).
PL 1997,
Ch. 543,
§9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1028. De novo determination of bail under section 1026
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1028. De novo determination of bail under section 1026
1. By defendant in custody. Any defendant who is in custody as a result of a decision of a Judge of the District Court or a bail commissioner acting
under section 1026 may petition the Superior Court for a de novo determination of bail. The District Court Judge or bail
commissioner making the decision shall advise the defendant of the right to obtain a de novo determination in the Superior
Court.
A. If the defendant chooses to have a de novo determination of bail, the defendant must be furnished with a petition and, upon
execution of the petition and without the issuance of any writ or other process, the sheriff of the county in which the decision
was made shall provide for the transportation of the defendant together with the petition and all papers relevant to the petition
or copies of the petition or papers to the Superior Court.
If no Justice of the Superior Court will be available within 48 hours, excluding Saturdays, Sundays and holidays, arrangements
must be made for a de novo determination of bail in the nearest county in which a Justice of the Superior Court is then sitting.
The defendant's custodian shall provide transportation to the Superior Court as required by this chapter without the issuance
of any writ or other process.
If there is no Justice of the Superior Court available, the defendant must be retained in custody until the petition can be
considered.
[1997, c. 585, §4 (amd).]
B. The petition and such other papers as may accompany it must be delivered to the clerk of the Superior Court to which the
defendant is transported and upon receipt the clerk shall notify the attorney for the State. The Superior Court Justice
shall review the petition de novo and set bail in any manner authorized by section 1026.
[2003, c. 66, §1 (amd).]
C. Upon receipt of a pro se petition or upon oral or written request of the attorney for the defendant, the clerk shall set
a time for hearing and provide oral or written notice to the attorney for the State. The hearing must be scheduled for a
time not less than 24 hours nor more than 48 hours after the clerk notifies the attorney for the State.
[1997, c. 543, §11 (new).]
[2003, c. 66, §1 (amd).]
2. By defendant not in custody. Any defendant who is not in custody but who is aggrieved by a decision of a Judge of the District Court or a bail commissioner
acting under section 1026 may petition the Superior Court for a de novo determination of bail. The Superior Court Justice
shall review the petition de novo and set bail in any manner authorized by section 1026. The petition must be considered
as scheduled by the clerk.
[2003, c. 66, §1 (amd).]
3. No further relief. The determination by the Superior Court under this section is final and no further relief is available.
[1999, c. 731, Pt. ZZZ, §10 (new); §42 (aff).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1997,
Ch. 543,
§10,11
(AMD).
PL 1997,
Ch. 585,
§4
(AMD).
PL 1999,
Ch. 731,
§ZZZ10
(AMD).
PL 1999,
Ch. 731,
§ZZZ42
(AFF).
PL 2003,
Ch. 66,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1029. Review of bail under section 1027
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1029. Review of bail under section 1027
1. Petition for review. Any defendant in custody following a Harnish bail proceeding under section 1027 may petition for review as provided in this
subsection.
A. If the Harnish bail proceeding was conducted in the District Court, the defendant may petition a Justice of the Superior
Court for review under this section.
[1987, c. 758, §20 (new).]
B. If the Harnish bail proceeding was conducted in the Superior Court, the defendant may petition a single Justice of the Supreme
Judicial Court for review under this section.
[1987, c. 758, §20 (new).]
[1987, c. 758, §20 (new).]
2. Standard of review. With respect to the finding of probable cause to believe that the defendant committed a formerly capital offense, the finding
of the lower court shall be upheld, unless it is clearly erroneous provided there is an adequate record for purposes of review.
With respect to all other issues or with respect to the issue of probable cause when the record is inadequate for review,
the review shall be de novo. The parties shall cooperate to expeditiously assemble a record for review.
[1989, c. 147, §3 (amd).]
3. Evidence. The evidence shall consist of the information of record submitted in the Harnish bail proceeding under section 1027 and
any additional information the parties may chose to present.
[1987, c. 758, §20 (new).]
4. No further relief. The review under this section is final and no further relief is available.
[1999, c. 731, Pt. ZZZ, §11 (new); §42 (aff).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1989,
Ch. 147,
§3
(AMD).
PL 1999,
Ch. 731,
§ZZZ11
(AMD).
PL 1999,
Ch. 731,
§ZZZ42
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1030. State's attorney present at certain proceedings; opportunity to present relevant information
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1030. State's attorney present at certain proceedings; opportunity to present relevant information
Before making a determination as to whether or not to set bail for a defendant charged with murder or a Class A, Class B or
Class C crime and before any bail order is reviewed under section 1028 or 1029, the judicial officer shall afford the attorney
for the State or a law enforcement officer familiar with the charges the opportunity to present any information relevant to
bail considerations. This opportunity is in addition to the availability of a Harnish bail proceeding as otherwise provided
in this chapter.
[1995, c. 356, §7 (amd).]
div>
An attorney for the State or a law enforcement officer familiar with the charges must be present in District Court at all
proceedings governed by the Maine Rules of Criminal Procedure, Rule 5, at which bail is being set.
[1995, c. 356, §7 (amd).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1987,
Ch. 870,
§5
(AMD).
PL 1995,
Ch. 356,
§7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1031. Bail if no indictment
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 2: PRECONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1031. Bail if no indictment
Any defendant charged with a formerly capital offense who has been denied bail in accordance with section 1027 shall have
bail set under section 1026 if the defendant is not indicted in the county where the crime is alleged to have been committed
at the 2nd regularly scheduled session of the grand jury next after the date of the denial of bail.
[1987, c. 758, §20 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1051. Post-conviction bail
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 3: POST-CONVICTION BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1051. Post-conviction bail
1. Application to presiding judge or justice. After post-conviction, except as provided in this section, a defendant may apply to the judge or justice who presided at
the trial for bail pending imposition or execution of sentence or entry of judgment or appeal. If the trial judge or justice
is not available, the defendant may apply for bail under this section to another judge or justice of the court in which the
defendant was convicted. Post-conviction bail is not available to a defendant convicted of:
A. Murder;
[1987, c. 758, §20 (new).]
B. Any other formerly capital offense for which preconviction bail was denied under section 1027; or
[1995, c. 356, §8 (amd).]
C. Any crime when the defendant's preconviction bail was revoked and denied under sections 1096 and 1097.
[1995, c. 356, §8 (amd).]
The judge or justice shall hold a hearing on the record on the bail application and shall state in writing or on the record
the reasons for denying or granting bail. If bail is granted, the judge or justice shall also state, in writing or on the
record, the reasons for the kind and amount of bail set, for any condition of release imposed and for the omission of any
condition of release sought by the State.
The judge or justice may enter an order for bail pending appeal before a notice of appeal is filed, but conditioned upon its
timely filing.
Every order for post-conviction release of a defendant must include a waiver of extradition by the defendant as well as a
condition of bail that the defendant refrain from new criminal conduct and not violate any pending protection from abuse order
pursuant to Title 19, section 769, or Title 19-A, section 4011.
[1997, c. 543, §12 (amd).]
2. Standards. Except as provided in subsection 4, a defendant may not be admitted to bail under this section unless the judge or justice
has probable cause to believe that:
A. There is no substantial risk that the defendant will fail to appear as required and will not otherwise pose a substantial
risk to the integrity of the judicial process;
[1997, c. 543, §13 (amd).]
B. There is no substantial risk that the defendant will pose a danger to another or to the community; and
[1997, c. 543, §13 (amd).]
C. There is no substantial risk that the defendant will commit new criminal conduct.
[1997, c. 543, §13 (new).]
In determining whether to admit a defendant to bail, the judge or justice shall consider the factors relevant to preconviction
bail listed in section 1026, as well as the facts proved at trial, the length of the term of imprisonment imposed, any history
of dangerousness and any previous unexcused failure to appear as required before any court or the defendant's prior failure
to obey an order or judgment of any court, including, but not limited to, violating a protection from abuse order pursuant
to Title 19, section 769 or Title 19-A, section 4011.
If the judge or justice decides to set post-conviction bail for a defendant, the judge or justice shall apply the same factors
in setting the kind and amount of that bail.
[1997, c. 543, §13 (amd).]
3. Conditions of release. Except as provided in subsection 4, the judge or justice may impose, in lieu of or in addition to an appearance or bail
bond, any condition considered reasonably necessary to minimize the risk that the defendant may fail to appear as required,
may compromise the integrity of the judicial process, may commit new criminal conduct, may fail to comply with conditions
of release or may constitute a danger to another person or the community.
[1997, c. 543, §14 (amd).]
4. Standards applicable to bail arising out of State's appeal under section 2115-A, subsection 2. If the State initiates an appeal under section 2115-A, subsection 2, the judge or justice shall apply subchapter II to a
defendant's application for bail pending that appeal.
[1987, c. 758, §20 (new).]
5. Appeal by defendant. A defendant may appeal to a single Justice of the Supreme Judicial Court a denial of bail, the kind or amount of bail set
or the conditions of release imposed by which the defendant is aggrieved. The single justice may not conduct a hearing de
novo respecting bail, but shall review the lower court's order. The defendant has the burden of showing that there is no
rational basis in the record for the lower court's denial of bail, the kind or amount of bail set or the conditions of release
imposed of which the defendant complains. The determination by the single justice is final and no further relief is available.
[1999, c. 731, Pt. ZZZ, §12 (amd); §42 (aff).]
6. Appeal by State. The State may appeal to a single Justice of the Supreme Judicial Court the granting of bail, the kind or amount of bail
set or the lower court's failure to impose a condition of release. The single justice may not conduct a hearing de novo respecting
bail, but shall review the lower court's order. The State has the burden of showing that there is no rational basis in the
record for the lower court's granting of bail, the kind or amount of bail set or the omission of the conditions of which the
State complains. The determination by the single justice is final and no further relief is available.
[1999, c. 731, Pt. ZZZ, §12 (amd); §42 (aff).]
7. Revocation of bail.
[1991, c. 393, §1 (rp).]
7-A. Revocation of post-conviction bail.
[1995, c. 356, §10 (rp).]
8. Failure to appear; penalty.
[1995, c. 356, §11 (rp).]
9. Violation of condition of release; penalty.
[1995, c. 356, §12 (rp).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1987,
Ch. 870,
§6,7
(AMD).
PL 1991,
Ch. 393,
§1,2
(AMD).
PL 1995,
Ch. 356,
§8-12
(AMD).
PL 1997,
Ch. 543,
§12-14
(AMD).
PL 1999,
Ch. 731,
§ZZZ12
(AMD).
PL 1999,
Ch. 731,
§ZZZ42
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1071. Sureties to make statement of property
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 4: SURETIES AND OTHER FORMS OF BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1071. Sureties to make statement of property
1. Statement by surety. Any person who offers to act as surety in the Superior Court for any defendant in a criminal prosecution, whether or not
the defendant is an appellant from the finding of a Judge of the District Court, is to be admitted to bail to await the action
of the grand jury, or is arrested in vacation on a warrant issued on an indictment pending in the Superior Court, may be required
to file with the judicial officer a written statement signed and sworn to by the surety describing all real estate owned by
the surety within the State with sufficient accuracy to identify it.
A. The statement must provide in detail all encumbrances and the value of the land. The value of the land must be based on
the judgment of the surety.
[1997, c. 543, §15 (amd).]
B. The certificate must remain on file with the original papers in the case and a certified copy must be transmitted by the
judicial officer taking the bail to the clerk of court before which the defendant is to appear.
[1997, c. 543, §15 (amd).]
C. Upon motion to the court and notice to the defendant, the defendant shall produce and the State has the right to examine
all evidence of ownership, valuation and all encumbrances on the land.
[1997, c. 543, §15 (amd).]
[1997, c. 543, §15 (amd).]
2. Bail lien required. Any person who offers real estate as surety for the appearance before a court of a defendant charged with murder or a Class
A, Class B or Class C crime must file a bail lien with the register of deeds in the county where the real estate lies.
A. If the defendant is to be bailed prior to appearance in a court for the first time, the person offering the real estate
shall file with that court a copy of the lien attested by the register of deeds, stating the date of recording and the book
and page number at which the lien is recorded, on the next business day after which the real estate is offered.
(1) If a defendant is released from custody, prior to the defendant's first appearance in court, upon a person offering real
estate as surety and that person fails to file with the court a duly attested copy of the lien required by this paragraph
within the prescribed time limit, the defendant may be taken into custody without the issuance of further process and shall
be held as though the surety had not offered real estate as surety.
[1987, c. 758, §20 (new).]
B. If the defendant is bailed after having appeared in court for the first time, the defendant shall not be released from custody
until the person offering real estate has filed with the court, with which the bail is posted, a copy of the lien attested
by the register of deeds, stating the date of recording and the book and page number at which the lien is recorded.
[1987, c. 758, §20 (new).]
C. The person filing the lien is responsible for the fee to be paid to the register of deeds for receiving, recording and indexing
the bail lien and for discharge of the bail lien as provided in Title 33, chapter ll, subchapter IV.
[1987, c. 758, §20 (new).]
D. A bail lien is not required if bail is posted through a nonprofit bail assistance project.
[1987, c. 758, §20 (new).]
[1987, c. 758, §20 (new).]
3. Limitation on real estate. As used in this chapter, real estate is limited to real property located in the State.
[1987, c. 758, §20 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1987,
Ch. 870,
§8
(AMD).
PL 1989,
Ch. 147,
§4
(AMD).
PL 1997,
Ch. 543,
§15
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1072-A. Advising the surety
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 4: SURETIES AND OTHER FORMS OF BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1072-A. Advising the surety
Prior to undertaking the responsibility as a surety for a defendant the surety must be:
[1997, c. 543, §17 (new).]
1. Written release order. Provided with a copy of the written release order pertaining to the defendant;
[1997, c. 543, §17 (new).]
2. Appearance and conditions of release. Orally advised of the appearance requirement and of each of the conditions of release pertaining to the defendant for which
the surety is responsible and the consequences to the surety if the defendant fails to appear as required or violates any
condition of release; and
[1997, c. 543, §17 (new).]
3. Responsibilities and consequences. Provided with a written statement advising the surety as to the general responsibilities of a surety under section 1072
and the consequences to the surety if the defendant fails to appear as required or fails to abide by each condition.
[1997, c. 543, §17 (new).]
div>
The Supreme Judicial Court shall by rule specify who is responsible for providing to the prospective surety the required oral
and written advice as well as the copy of the written release order pertaining to the defendant.
[1997, c. 543, §17 (new).]
Section History:
PL 1997,
Ch. 543,
§17
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1072. Responsibility of sureties
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 4: SURETIES AND OTHER FORMS OF BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1072. Responsibility of sureties
1. Preconviction. Each surety for a defendant admitted to preconviction bail is responsible for the appearance of the defendant at all times
as well as the defendant's compliance with each condition of release, including that the defendant refrain from new criminal
conduct, until a verdict or finding or plea of guilty or until the acceptance of a plea of guilty or nolo contendere, unless
the surety has sooner terminated the agreement to act as surety and has been relieved of the responsibility in accordance
with section 1073.
A preconviction surety is not responsible for the appearance of a defendant after conviction nor for the defendant's compliance
with the conditions of release, unless the surety has agreed to act as postconviction surety.
[1997, c. 543, §16 (amd).]
2. Post-conviction. Each surety for a defendant admitted to bail after conviction is responsible for the defendant's appearance at all times
until the defendant enters into execution of any sentence of imprisonment as well as the defendant's compliance with each
condition of release, including that the defendant refrain from new criminal conduct, unless the surety has sooner terminated
the agreement to act as surety and has been relieved of the responsibility in accordance with section 1073.
[1997, c. 543, §16 (amd).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1989,
Ch. 147,
§5
(AMD).
PL 1995,
Ch. 356,
§13
(AMD).
PL 1997,
Ch. 543,
§16
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1073-A. Precondition to forfeiture of cash or other property of surety if a defendant violates a condition of release; notice
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 4: SURETIES AND OTHER FORMS OF BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1073-A. Precondition to forfeiture of cash or other property of surety if a defendant violates a condition of release; notice
1. Precondition. A person responsible for a defendant's compliance with each condition of release under section 1072 and who has agreed to
act as surety or has deposited cash bail for a defendant who subsequently is admitted to preconviction or post-conviction
bail and fails to comply with each condition of release must be absolved by the judge or justice of the responsibility to
pay the bond and must have returned the deposited cash bail unless the person had, on a prior occasion, acted as surety or
deposited cash bail for the defendant's compliance with each condition of release and that defendant on that prior occasion
failed to comply with each condition.
[1997, c. 543, §19 (new).]
2. Notice. Prior to a hearing under section 1096 or 1099, the attorney for the State shall make a good faith effort to give a surety
notice of the upcoming hearing and notice that the result of that hearing may affect whether or not the surety may wish to
continue to act as surety. At that hearing, the court shall orally advise the surety of the consequences of subsection 1
if:
A. The surety is present;
[1997, c. 543, §19 (new).]
B. The court finds that the defendant violated a condition of release; and
[1997, c. 543, §19 (new).]
C. The court finds that the defendant's bail should be reset.
[1997, c. 543, §19 (new).]
[1997, c. 543, §19 (new).]
Section History:
PL 1997,
Ch. 543,
§19
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1073. Termination of surety or cash bail agreement
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 4: SURETIES AND OTHER FORMS OF BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1073. Termination of surety or cash bail agreement
A person who has agreed either to act as surety or to deposit cash bail for a defendant who has been admitted to preconviction
bail may terminate the agreement by appearing before the clerk of the court having jurisdiction over the offense with which
the defendant is charged and executing a statement under oath terminating the agreement. The statement must include a certification
by the person that the person has notified the defendant or the defendant's attorney of the person's intention to terminate
the agreement. A person may not terminate a cash bail agreement unless the person has been designated as the owner of all
of the cash as required by section 1074.
[1995, c. 356, §14 (amd).]
div>
Upon execution of the statement terminating the agreement, the clerk shall bring the matter to the attention of a judge or
justice of the court who, unless new and sufficient sureties have appeared or new and sufficient cash has been deposited,
shall order the defendant committed for failure to furnish bail and shall issue a warrant for the defendant's arrest.
[1995, c. 356, §14 (amd).]
div>
The judge or justice may absolve the person of responsibility to pay all or part of the bond or may order the return of cash
bail, except that a person may not be absolved of the responsibility to pay all or part of the bond, or receive any cash deposited
as bail, if, prior to terminating the agreement, the defendant has failed to appear as required or, if the precondition in
section 1073-A has been satisfied, the defendant has failed to comply with each condition of release. Nothing in this section
may be construed to relieve or release a person of the responsibility for the appearance of the defendant, notwithstanding
the termination of the agreement, until the defendant is in the custody of the sheriff of the county in which the case is
pending, new or substitute sureties have appeared, new cash bail has been deposited or the defendant has otherwise been admitted
to bail.
[1997, c. 543, §18 (amd).]
div>
A person who has agreed either to act as surety or to deposit cash bail for a defendant who has been admitted to post-conviction
bail may terminate the agreement by following the procedure set forth in this section.
[1995, c. 356, §14 (amd).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1995,
Ch. 356,
§14
(AMD).
PL 1997,
Ch. 543,
§18
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1074. Property of defendant as bail
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 4: SURETIES AND OTHER FORMS OF BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1074. Property of defendant as bail
1. Cash. Whenever cash is deposited as bail to secure the appearance of and conformance to conditions of release by a defendant in
a criminal proceeding, either preconviction or post-conviction, the cash is deemed to be the property of the defendant unless,
at the time the cash is deposited, the defendant or the person offering the cash as bail designates under oath another person
to whom the cash belongs. If a person other than the defendant has been designated as the owner of the cash, it must be returned
to that person unless otherwise forfeited. If the defendant is deemed to be the owner of the cash, it must be returned to
the defendant unless otherwise forfeited or subject to setoff as provided in this section.
[1997, c. 543, §20 (amd).]
1-A. Miscellaneous costs. The Chief Justice of the Supreme Judicial Court is authorized to use General Fund appropriations to cover miscellaneous
costs associated with the operation of the account of deposited cash bail.
[2003, c. 673, Pt. P, §1 (new).]
2. Real estate. When a defendant in a criminal proceeding is the owner of real estate and offers that real estate as security for appearance
before any court, the defendant must file a bail lien and otherwise comply with the requirements of section 1071 as if the
defendant were a surety. A discharge of the bail lien is governed by section 1071, unless the bail has been forfeited or
is subject to setoff in accordance with this section.
[1987, c. 758, §20 (new).]
3. Setoff. When a defendant has deposited cash or other property owned by the defendant as bail or has offered real estate owned by
the defendant and subject to a bail lien as bail and the cash, other property or real estate has not been forfeited, the court,
before ordering the cash or other property returned to the defendant or discharging the real estate bail lien, shall determine
whether the cash, other property or real estate or any portion of the cash, other property or real estate is subject to setoff
as authorized by this section. The court may order all or a portion of the bail owned by a defendant that has not been forfeited
to be first paid and applied to one or more of the following:
A. Any fine, forfeiture, penalty or fee imposed upon a defendant as part of the sentence for conviction of any offense arising
out of the criminal proceeding for which the bail has been posted and the sentence for conviction of any offense in an unrelated
civil or criminal proceeding;
[2003, c. 87, §1 (amd).]
B. Any amount of restitution the defendant has been ordered to pay as part of the sentence imposed in the proceeding for which
bail has been posted and in any unrelated proceeding;
[2003, c. 87, §1 (amd).]
C. Any amount of attorney's fees or other expense authorized by the court at the request of the defendant or attorney and actually
paid by the State on behalf of the defendant on the ground that the defendant has been found to be indigent in the proceeding
for which bail has been posted and in any unrelated proceeding; and
[2003, c. 87, §1 (amd).]
D. Any surcharge imposed by Title 4, section 1057.
[1987, c. 758, §20 (new).]
The court shall apply any bail collected pursuant to this subsection first to restitution.
[2003, c. 87, §1 (amd).]
4. Enforcement orders. If the court determines that bail owned by a defendant should be ordered set off as authorized by this section, the court
may issue any appropriate orders considered necessary to enforce the setoff. The orders may include, but are not limited
to:
A. A direction to the clerk of courts to pay cash bail directly to a specified person, organization or government;
[1987, c. 758, §20 (new).]
B. An order directed to a public official or the defendant requiring that other property or real estate be sold and the proceeds
paid to a specified person, organization or government; and
[1987, c. 758, §20 (new).]
C. An order requiring the defendant to convey clear and marketable title or other evidence of ownership of interest in real
estate or other property to a specified person, organization or government.
[1987, c. 758, §20 (new).]
[1987, c. 758, §20 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1997,
Ch. 543,
§20
(AMD).
PL 2003,
Ch. 87,
§1
(AMD).
PL 2003,
Ch. 673,
§P1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1075. Attorney not to act as surety or deposit cash bail for client
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 4: SURETIES AND OTHER FORMS OF BAIL (HEADING: PL 1987, c. 758, @20 (new))
§1075. Attorney not to act as surety or deposit cash bail for client
An attorney, while representing a defendant, may not act as surety for or deposit cash bail for the client.
[2003, c. 15, §2 (new).]
Section History:
PL 2003,
Ch. 15,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1091-A. Failure to report
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 356, @15 (new))
§1091-A. Failure to report
1. Failure to report after stay of execution. A defendant who has been sentenced but granted a stay of execution to report at a specific time and who fails to report
as ordered is guilty of:
A. A Class E crime if the underlying crime was punishable by a maximum period of imprisonment of less than one year; or
[1995, c. 456, §1 (new).]
B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more.
[1995, c. 456, §1 (new).]
It is an affirmative defense that the failure to appear resulted from just cause.
[1995, c. 456, §1 (new).]
Section History:
PL 1995,
Ch. 456,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1091. Failure to appear; penalty
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 356, @15 (new))
§1091. Failure to appear; penalty
1. Failure to appear. A defendant who has been admitted to either preconviction or postconviction bail and who, in fact, fails to appear as required
is guilty of:
A. A Class E crime if the underlying crime was punishable by a maximum period of imprisonment of less than one year; or
[2003, c. 452, Pt. H, §2 (new); Pt. X, §2 (aff).]
B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more.
[2003, c. 452, Pt. H, §2 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. H, §2 (new); Pt. X, §2 (aff).]
2. Affirmative defense. It is an affirmative defense to prosecution under subsection 1 that the failure to appear resulted from just cause.
[2003, c. 452, Pt. H, §2 (new); Pt. X, §2 (aff).]
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. H, §2 (new); Pt. X, §2 (aff).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1995,
Ch. 356,
§16
(AMD).
PL 2003,
Ch. 452,
§H2
(RPR).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1092. Violation of condition of release
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 356, @15 (new))
§1092. Violation of condition of release
1. Violation of condition of release. A defendant who has been granted preconviction or postconviction bail and who, in fact, violates a condition of release
is guilty of:
A. A Class E crime; or
[2003, c. 452, Pt. H, §3 (new); Pt. X, §2 (aff).]
B. A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more and the condition
of release violated is one specified in section 1026, subsection 3, paragraph A, subparagraph (5), (8), (10-A) or (13).
[2005, c. 449, §2 (amd).]
[2005, c. 449, §2 (amd).]
2. Affirmative defense. It is an affirmative defense to prosecution under subsection 1 that the violation resulted from just cause.
[2003, c. 452, Pt. H, §3 (new); Pt. X, §2 (aff).]
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. H, §3 (new); Pt. X, §2 (aff).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1987,
Ch. 870,
§9
(AMD).
PL 1995,
Ch. 356,
§17
(AMD).
PL 2003,
Ch. 452,
§H3
(RPR).
PL 2003,
Ch. 452,
§X2
(AFF).
PL 2005,
Ch. 449,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1093. Revocation of preconviction bail (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 356, @15 (new))
§1093. Revocation of preconviction bail (REPEALED)
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1987,
Ch. 870,
§10
(AMD).
PL 1989,
Ch. 147,
§6
(AMD).
PL 1991,
Ch. 393,
§3
(AMD).
PL 1995,
Ch. 356,
§18
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1094. Forfeiture of bail; enforcement
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 356, @15 (new))
§1094. Forfeiture of bail; enforcement
When a defendant who has been admitted to either preconviction or post-conviction bail in a criminal case fails to appear
as required or has violated the conditions of release, the court shall declare a forfeiture of the bail. The obligation of
the defendant and any sureties may be enforced in such manner as the Supreme Judicial Court shall by rule provide and in accordance
with section 224-A. The rules adopted by the Supreme Judicial Court must provide for notice to the defendant and any sureties
of the consequences of failure to comply with the conditions of bail.
[1997, c. 543, §21 (amd).]
div>
If the obligation of the defendant or any surety has been reduced to judgment pursuant to the Maine Rules of Criminal Procedure,
Rule 46, the following provisions apply to the enforcement of the obligation.
[1991, c. 393, §4 (new).]
1. Execution. The court shall issue an execution of the judgment once the judgment has become final by the expiration of the time for
appeal, by dismissal of an appeal or on certificate of decision from the Supreme Judicial Court, unless the court that rendered
judgment on the bail obligation has pursuant to rule ordered execution at an earlier time. The execution of the judgment
is returnable within one year after issuance.
[1991, c. 393, §4 (new).]
2. Lien on real estate, personal property and motor vehicles. An execution issued under this section creates the lien described in Title 14, section 4651-A, if properly filed according
to that section. A filing or recording fee may not be charged for any execution issued under this section.
[1991, c. 393, §4 (new).]
3. Relation back of liens. The effective date of any execution lien created on any property pursuant to this section and Title 14, section 4651-A relates
back to the date when a bail lien, as described in section 1071, was first filed or recorded in the proper place for the perfection
or attachment of the lien. The relation back applies only to that portion of the bail obligation that the bail lien secured
when it was recorded or filed. The remainder of the execution lien and the full amount of any execution lien created when
no bail lien was ever recorded or filed, is effective and perfected from the date of the recording or filing of the execution.
Any lien created pursuant to this section and Title 14, section 4651-A continues as long as the judgment issued on the bail
obligation or any part of the bail obligation, plus costs and interest, has not been paid, discharged or released.
[1991, c. 393, §4 (new).]
4. Enforcement. The lien provided by this section may be enforced by a turnover or sale order pursuant to Title 14, section 3131.
[1991, c. 393, §4 (new).]
5. Application. This section applies to all bail obligations in effect on or after October 1, 1991 and all bail liens recorded as of or
after October 1, 1991.
[1991, c. 393, §4 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1991,
Ch. 393,
§4
(RPR).
PL 1997,
Ch. 543,
§21
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1095. Proceedings for revocation of preconviction bail
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 2: REVOCATION OF PRECONVICTION BAIL (HEADING: PL 1995, c. 356, @19 (new))
§1095. Proceedings for revocation of preconviction bail
1. In general. The attorney for the State, or the court on its own motion, may move for the revocation of a defendant's preconviction bail
based upon probable cause to believe that the defendant has failed to appear as required, has violated a condition of preconviction
bail or has been charged with a crime allegedly committed while released on preconviction bail. The motion must set forth
the essential facts underlying the alleged violation. If the defendant has not already been arrested pursuant to subsection
2, the clerk of the court shall issue, upon the request of the attorney for the State or by direction of the court, a warrant
for the defendant's arrest or, in lieu of a warrant if so directed, a summons ordering the defendant to appear for a court
hearing on the alleged violation. The summons must include the signature of the attorney for the State or the court, the
time and place of the alleged violation and the time, place and date the person is to appear in court. If the defendant can
not be located with due diligence, a hearing on the motion for revocation must be heard in the defendant's absence.
[1995, c. 356, §19 (new).]
2. Arrest. A law enforcement officer may arrest with a warrant, or without a warrant pursuant to Title 17-A, section 15, any defendant
who the law enforcement officer has probable cause to believe has failed to appear as required, has violated a condition of
preconviction bail or has been charged with a crime allegedly committed while released on preconviction bail. If the defendant
is charged with new criminal conduct, a bail commissioner is authorized only to set bail for the new charged crimes in accordance
with this chapter. A defendant under arrest pursuant to subsection 1 or this subsection must be brought before any judge
or justice of the appropriate court. The judge or justice shall determine without hearing whether the existing preconviction
bail order should be modified or whether the defendant should be committed without bail pending the bail revocation hearing.
A copy of the motion for revocation must be furnished to the defendant prior to the hearing on the alleged violation, unless
the hearing must be conducted in the absence of the defendant.
[1997, c. 543, §22 (amd).]
Section History:
PL 1995,
Ch. 356,
§19
(NEW).
PL 1997,
Ch. 543,
§22
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1096. Grounds for revocation of preconviction bail
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 2: REVOCATION OF PRECONVICTION BAIL (HEADING: PL 1995, c. 356, @19 (new))
§1096. Grounds for revocation of preconviction bail
A preconviction bail order of a bail commissioner may be revoked by any judge or justice, and a preconviction bail order
of a judge or justice may be revoked by any judge or justice of the same court, upon a determination made after notice and
opportunity for hearing that:
[2005, c. 449, §3 (amd).]
1. Probable cause. Probable cause exists to believe that the defendant has committed a new crime following the setting of preconviction bail;
or
[1995, c. 356, §19 (new).]
2. Clear and convincing evidence. Clear and convincing evidence exists that the defendant has failed to appear as required or has violated any other condition
of the preconviction bail.
[1995, c. 356, §19 (new).]
Section History:
PL 1995,
Ch. 356,
§19
(NEW).
PL 2005,
Ch. 449,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1097. Disposition after revocation of preconviction bail
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 2: REVOCATION OF PRECONVICTION BAIL (HEADING: PL 1995, c. 356, @19 (new))
§1097. Disposition after revocation of preconviction bail
1. New criminal conduct. If the judge or justice finds that there are conditions of release that will reasonably ensure that the defendant will not
continue to commit new crimes while out on bail, the judge or justice shall issue an order under section 1026. If the judicial
finding is otherwise, the judge or justice shall issue an order denying bail.
[1997, c. 543, §23 (rpr).]
2. Appearance of the defendant; ensuring the integrity of the judicial process. If the judge or justice finds that there are conditions of release that will reasonably ensure the defendant's appearance
when required and will otherwise ensure the integrity of the judicial process, the judge or justice shall issue an order under
section 1026. If the judicial finding is otherwise, the judge or justice shall issue an order denying bail.
[1997, c. 543, §23 (rpr).]
3. Appeal. A defendant in custody as a result of an order issued under this section by the District Court may appeal to the Superior
Court and a defendant in custody as a result of an order issued under this section by the Superior Court may appeal to a single
Justice of the Supreme Judicial Court. The appeal must be in accordance with the procedures set forth in section 1028, as
far as applicable, except that the review is limited to a review of the record to determine whether the order was rationally
supported by the evidence. The determination by the court or single justice is final and no further relief is available.
[1999, c. 731, Pt. ZZZ, §13 (amd); §42 (aff).]
4. No new bail consideration when bail has been revoked and denied in District Court. When a District Court judge has, after revocation, ordered the defendant held without bail, the defendant is not entitled
to have bail set when charges are brought by indictment for the same underlying conduct. If the defendant has not previously
appealed the District Court bail revocation, the Superior Court may, upon request of the defendant, entertain the appeal at
the defendant's arraignment.
[1995, c. 356, §19 (new).]
Section History:
PL 1995,
Ch. 356,
§19
(NEW).
PL 1997,
Ch. 543,
§23
(AMD).
PL 1999,
Ch. 731,
§ZZZ13
(AMD).
PL 1999,
Ch. 731,
§ZZZ42
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1098. Proceedings for revocation of post-conviction bail
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 3: REVOCATION OF POST-CONVICTION BAIL (HEADING: PL 1995, c. 356, @19 (new))
§1098. Proceedings for revocation of post-conviction bail
1. In general. The attorney for the State, or the court on its own motion, may move for the revocation of a defendant's post-conviction
bail based upon probable cause to believe that the defendant has failed to appear as required, has violated a condition of
post-conviction bail or has been charged with a crime allegedly committed while released on post-conviction bail. The motion
must set forth the essential facts underlying the alleged violation. If the defendant has not already been arrested pursuant
to subsection 2, the clerk of the court shall issue, upon the request of the attorney for the State or by the direction of
the court, a warrant for the defendant's arrest or, in lieu of a warrant if so directed, a summons ordering the defendant
to appear for a court hearing on the alleged violation. The summons must include the signature of the attorney for the State
or the court, the time and place of the alleged violation and the time, place and date the person is to appear in court.
If the defendant can not be located with due diligence, a hearing on the motion for revocation must be heard in the defendant's
absence.
[1995, c. 356, §19 (new).]
2. Arrest. A law enforcement officer may arrest with a warrant, or without a warrant pursuant to Title 17-A, section 15, any defendant
who the law enforcement officer has probable cause to believe has failed to appear as required, violated a condition of post-conviction
bail or been charged with a crime allegedly committed while released on post-conviction bail. If the defendant is charged
with new criminal conduct, a bail commissioner is authorized only to set bail for the new crimes in accordance with this chapter.
A defendant under arrest pursuant to this subsection must be brought before a judge or justice of the appropriate court.
The judge or justice shall determine without hearing whether the existing post-conviction bail order should be modified or
the defendant should be committed without bail pending the bail revocation hearing. A copy of the motion for revocation must
be furnished to the defendant prior to the hearing on the alleged violation, unless the hearing must be conducted in the absence
of the defendant.
[1995, c. 356, §19 (new).]
Section History:
PL 1995,
Ch. 356,
§19
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1099-A. Disposition after revocation of post-conviction bail
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 3: REVOCATION OF POST-CONVICTION BAIL (HEADING: PL 1995, c. 356, @19 (new))
§1099-A. Disposition after revocation of post-conviction bail
1. Held without bail. The judge or justice shall order the defendant held without bail unless the judge or justice finds that under the facts
of the case it would be unreasonable to do so, in which event the judge or justice shall issue an order under section 1051.
[1995, c. 356, §19 (new).]
2. Appeal. A defendant in custody as a result of an order issued under this section may appeal to a single Justice of the Supreme Judicial
Court who shall review the revocation pursuant to the procedures set forth in section 1051, subsection 5. The determination
by the single justice is final and no further relief is available.
[1999, c. 731, Pt. ZZZ, §14 (amd); §42 (aff).]
Section History:
PL 1995,
Ch. 356,
§19
(NEW).
PL 1999,
Ch. 731,
§ZZZ14
(AMD).
PL 1999,
Ch. 731,
§ZZZ42
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1099. Grounds for revocation of post-conviction bail
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 5: ENFORCEMENT (HEADING: PL 1995, c. 356, @15 (rpr))
Article 3: REVOCATION OF POST-CONVICTION BAIL (HEADING: PL 1995, c. 356, @19 (new))
§1099. Grounds for revocation of post-conviction bail
An order of post-conviction bail entered by a judge or justice may be revoked by the judge or justice or, if that judge or
justice is not available, by another judge or justice of the same court, upon determination made after notice and opportunity
for hearing that:
[1995, c. 356, §19 (new).]
1. Crime charged. The defendant has in fact been charged with a crime allegedly committed after post-conviction bail was set;
[1995, c. 356, §19 (new).]
2. Failure to appear. The defendant has failed to appear as required or has violated a condition of post-conviction bail as demonstrated by a
preponderance of the evidence; or
[1995, c. 356, §19 (new).]
3. Appeal for purposes of delay. The defendant's appeal has been taken for the purpose of delay as demonstrated by a preponderance of the evidence.
[1995, c. 356, §19 (new).]
Section History:
PL 1995,
Ch. 356,
§19
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1101. Forms and rules
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 6: MISCELLANEOUS (HEADING: PL 1987, c. 758, @20 (new))
§1101. Forms and rules
The Supreme Judicial Court shall develop forms and adopt such rules as may be necessary to implement this chapter.
[1987, c. 758, §20 (new).]
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1102. Detention of juveniles charged as adults (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 6: MISCELLANEOUS (HEADING: PL 1987, c. 758, @20 (new))
§1102. Detention of juveniles charged as adults (REPEALED)
Section History:
PL 1987,
Ch. 758,
§20
(NEW).
PL 1995,
Ch. 65,
§A153,C15
(AFF).
PL 1995,
Ch. 65,
§A44
(AMD).
PL 2001,
Ch. 667,
§A31
(AMD).
PL 2003,
Ch. 180,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1103. Summary contempt proceeding involving a punitive sanction
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 6: MISCELLANEOUS (HEADING: PL 1987, c. 758, @20 (new))
§1103. Summary contempt proceeding involving a punitive sanction
The setting of bail for an alleged contemnor in a summary contempt proceeding involving a punitive sanction under the Maine
Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66, including any appeal under section 2115-B,
is a matter wholly within the discretion of the court. Subchapters IV and V apply.
[1997, c. 317, Pt. A, §2 (new).]
Section History:
PL 1997,
Ch. 317,
§A2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1104. Material witness; arrest and bail
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 6: MISCELLANEOUS (HEADING: PL 1987, c. 758, @20 (new))
§1104. Material witness; arrest and bail
If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it
may become impracticable to secure the presence of that person by subpoena, the court may order the arrest of that person
and may require that person to give bail for that person's appearance as a witness, utilizing the same standards for release
as for a defendant preconviction bailable as of right under subchapter II. Subchapters IV and V also apply.
[1997, c. 317, Pt. A, §2 (new).]
Section History:
PL 1997,
Ch. 317,
§A2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §1105. Alcohol and drug treatment program
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 105-A: MAINE BAIL CODE (HEADING: PL 1987, c. 758, @20 (new))
Subchapter 6: MISCELLANEOUS (HEADING: PL 1987, c. 758, @20 (new))
§1105. Alcohol and drug treatment program
As a condition of post-conviction release, the court may impose the condition of participation in an alcohol and drug treatment
program for a period not to exceed 24 months pursuant to Title 4, chapter 8. Upon request of the Department of Corrections,
the court may require the defendant to pay a substance abuse testing fee as a requirement of participation in the alcohol
or drug treatment program. If at any time the court finds probable cause that a defendant released with a condition of participation
in an alcohol and drug treatment program has intentionally or knowingly violated any requirement of the defendant's participation
in the alcohol or drug treatment program, the court may suspend the order of bail for a period of up to 7 days for any such
violation. The defendant must be given an opportunity to personally address the court prior to the suspension of an order
of bail under this section. A period of suspension of bail is a period of detention under Title 17-A, section 1253, subsection
2. This section does not restrict the ability of the court to take actions other than suspension of the order of bail for
the violation of a condition of participation in an alcohol and drug treatment program or the ability of the court to entertain
a motion to revoke bail under section 1098 and enter any dispositional order allowed under section 1099-A. If the court orders
participation in a drug and alcohol treatment program under this section, upon sentencing the court shall consider whether
there has been compliance with the program.
[2003, c. 205, §2 (amd).]
Section History:
PL 2001,
Ch. 318,
§1
(NEW).
PL 2003,
Ch. 205,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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