Sec. B-1. 17-A MRSA §1202, sub-§2, as amended by PL 1989, c. 393, is further amended to read:
2. During the period of probation specified in the sentence made pursuant to subsection 1, and upon application of a person on probation, or the person's probation officer, or upon its own motion, the court may, after a hearing upon notice to the probation officer and the person on probation, modify the requirements imposed by the court or a community reparations board, add further requirements authorized by section 1204, or relieve the person on probation of any requirement imposed by the court or a community reparations board that, in its opinion, imposes on the person an unreasonable burden.
Notwithstanding this subsection, the court may grant, ex parte, a motion brought by the probation officer to add further requirements if the requirements are immediately necessary to protect the safety of an individual or the public and if all reasonable efforts have been made to give written or oral notice to the person on probation. Any requirements added pursuant to an ex parte motion do not take effect until written notice of the requirements, along with written notice of the scheduled date, time and place when the court shall hold a hearing on the added requirements, is given to the person on probation.
Sec. B-2. 17-A MRSA §1204-A is enacted to read:
§1204-A. Community reparations boards
1. If the court imposes a sentencing alternative that includes a period of probation, the court shall require as a condition of probation that the convicted person appear before a community reparations board and abide by any requirement imposed by the board if:
A. The person has been sentenced to a suspended term of imprisonment with probation or a split sentence of imprisonment with probation the initial portion of which must be served in a county jail under section 1203;
B. The person has not been convicted of a crime under chapter 11 or a crime of domestic violence;
C. The Department of Corrections recommends that appearance before the board be required; and
D. The court finds no circumstance that makes appearance inappropriate.
2. A person required to appear before a community reparations board shall:
A. Cooperate with the preparation of the intake report to be submitted to the board;
B. Appear before the board as directed by the probation officer; and
C. Cooperate with the board.
3. The powers of a community reparations board are limited to requiring the convicted person to:
A. Pay restitution in accordance with chapter 54;
B. Perform community service;
C. Complete a prescribed course of counseling or education;
D. Refrain from frequenting specified places or consorting with specified persons;
E. Comply with reparative sanctions other than restitution, including, but not limited to, writing an apology to the victim and fulfilling crime-impact education measures; and
F. Report to the board regarding compliance with the other requirements of this subsection.
4. No requirement imposed by a community reparations board may extend longer than 6 months, except to pay restitution.
5. Failure to abide by the requirements of this section constitutes a violation of probation.
6. This section is repealed May 1, 1999.
Sec. B-3. 34-A MRSA §5811 is enacted to read:
§5811. Community reparations boards
1. Reparations boards authorized. The department may establish community reparations boards to exercise the powers set out in Title 17-A, section 1204-A.
2. Members. Members of the boards must be residents of the community or communities encompassed within the geographical areas served by the boards. The commissioner shall appoint members after conferring with officials within the geographical areas served by the boards, including district attorneys and officials from other law enforcement agencies. Board members serve without compensation and at the pleasure of the commissioner.
3. Meetings. Meetings of the boards must be conducted in accordance with policy and guidelines established by the department.
4. Deliberations. Meetings of the boards must be open to the public except as provided in subsection 5 and except that the deliberations of the boards as to the appropriate requirements to impose on persons appearing before them must be conducted in executive sessions from which all persons except board members are excluded. The requirements imposed, however, must be announced in meetings open to the public.
5. Confidentiality. Intake reports submitted to the boards are confidential. Information contained in intake reports or otherwise provided to the boards that is made confidential by law may not be disclosed in meetings of the boards open to the public or be otherwise disclosed except in accordance with the governing law.
6. Reporting. The department shall report on the progress of the community reparations boards to the joint standing committee of the Legislature having jurisdiction over criminal justice matters no later than January 1st of every year. The department shall make a final report on the effectiveness of community reparations boards to the joint standing committee of the Legislature having jurisdiction over criminal justice matters no later than March 1, 1999. Victims, the law enforcement community, prosecuting attorneys, defense attorneys and other parties that have been involved in community reparations boards may also address the committee at the time the department makes its final report.
7. Funding. Community reparations boards may not be established until federal funding or other special revenue is secured.
8. Repealed. This section is repealed May 1, 1999.
Sec. B-4. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Act.
1997-98 1998-99
CORRECTIONS, DEPARTMENT OF
Administration - Corrections
All Other $500 $500
Provides allocations to authorize the expenditure of funds for community reparation boards in the event that outside funding becomes available.
Effective September 19, 1997, unless otherwise indicated.
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