CHAPTER 358
H.P. 781 - L.D. 1069
An Act to Require Prisoners to Pay Court Fines and Family Support
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the courts are currently unable to collect many of the fines imposed on prisoners; and
Whereas, uncollected fines account for approximately $4,500,000 in lost revenues and are a significant financial detriment to the State; and
Whereas, many dependent children of prisoners do not receive financial support from their incarcerated parent; and
Whereas, dependent children of prisoners should have the same access to parental support as children whose parents are not incarcerated; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1330, sub-§1, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
1. Work program; payment of restitution and fines. No prisoner who has been ordered to pay restitution or fines may be released pursuant to a work program administered by the Department of Corrections under Title 34-A, section 3035, or a sheriff under Title 30-A, section 1605, unless he the prisoner consents to pay at least 25% of his the prisoner's gross weekly wages to the victim or the court until such time as full restitution has been made or the fine is paid in full. The chief administrative officer of the correctional facility where the prisoner is incarcerated shall collect and disburse to the victim or victims that portion of the prisoner's wages agreed to as payment of restitution. The chief administrative officer of the correctional facility where the prisoner is incarcerated shall also collect and disburse to the court that portion of the prisoner's wages agreed to as payment of fines after the restitution is paid in full. If the victim or victims ordered by the court to receive restitution have died or cannot be located, the correctional facility shall inform the court that ordered restitution. The court shall determine the distribution of these funds.
Sec. 2. 17-A MRSA §1330, sub-§2, as amended by PL 1995, c. 534, §1, is further amended to read:
2. Payment of restitution or fines from other sources. Any prisoner, other than one addressed by subsection 1, who is able to generate money, from whatever source, shall pay 25% of that money to any victim or the court if the court has ordered that restitution or a fine be paid. The chief administrative officer of the correctional facility in which the prisoner is incarcerated shall collect and disburse to the victim or victims that portion of the prisoner's money ordered as restitution. The chief administrative officer of the correctional facility where the prisoner is incarcerated shall also collect and disburse to the court that portion of the prisoner's money ordered as fines after the restitution is paid in full. If the victim or victims ordered by the court to receive restitution have died or can not be located, the correctional facility shall inform the court that ordered restitution. The court shall determine the distribution of these funds.
Sec. 3. 30-A MRSA §1607 is enacted to read:
A prisoner may not participate in a work program under section 1605 or any other program administered by the sheriff by which a prisoner is able to generate money unless the prisoner consents to pay at least 25% of that money for the support of that prisoner's dependent children if the parent, legal guardian or legal custodian of that prisoner's dependent child requests that payment. Upon the written request of a parent, legal guardian or legal custodian, the sheriff of the county jail where the prisoner is incarcerated shall collect and disburse to the parent, legal guardian or legal custodian that portion of the prisoner's money to be paid for the support of that prisoner's dependent children. This section does not apply to any prisoner making payments for the support of a dependent child pursuant to a support order issued by a court or by the Department of Human Services.
Sec. 4. 34-A MRSA §3039-A is enacted to read:
A prisoner may not participate in an industry program under section 1403 or a work program under section 3035 or any other program administered by the department by which a prisoner is able to generate money unless the prisoner consents to pay at least 25% of that money for the support of that prisoner's dependent children if the parent, legal guardian or legal custodian of that prisoner's dependent child requests that payment. Upon the written request of a parent, legal guardian or legal custodian, the chief administrative officer of the correctional facility where the prisoner is incarcerated shall collect and disburse to the parent, legal guardian or legal custodian that portion of the prisoner's money to be paid for the support of that prisoner's dependent children. This section does not apply to any prisoner making payments for the support of a dependent child pursuant to a support order issued by a court or by the Department of Human Services.
Sec. 5. PL 1997, c. 41 is repealed.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 31, 1997.
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