PART B

Sec. B-1. 19-A MRSA §4006, sub-§5, ¶¶E and F, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, are amended to read:

E. Taking, converting or damaging property in which the plaintiff may have a legal interest; or

F. Having any direct or indirect contact with the plaintiff.; or

Sec. B-2. 19-A MRSA §4006, sub-§5, ¶G is enacted to read:

G.__Possessing a firearm or other dangerous weapon for the duration of the order, if the court determines that the defendant has a history of violence.__The court may impose this condition only if the court discusses the plaintiff's request for the condition prohibiting possession of firearms or other dangerous weapons in person with the plaintiff, and the court determines that the prohibition of possession of firearms or other dangerous weapons is an appropriate condition of an order after considering at least:

(1)__The defendant's history of violence;

(2)__The type of abuse alleged;

(3)__Any reason that the defendant may have to possess firearms or other dangerous weapons, including their use in employment; and

(4)__Any other issue that the court determines relevant to the complaint.

PART C

Sec. C-1. 25 MRSA §2803-B, sub-§§1, 2 and 3, as enacted by PL 1993, c. 744, §5, are amended to read:

1. Law enforcement policies. All law enforcement agencies shall adopt written policies regarding procedures to deal with the following:

A. Use of force;

B. Barricaded persons and hostage situations;

C. Persons exhibiting deviant behavior;

D. Domestic violence, which must include, at a minimum, the following:

(1)__A process to ensure that a victim receives notification of the defendant's release from jail;

(2)__A risk assessment for the defendant that includes the defendant's previous history, the parties' relationship, the name of the victim and a process to relay this information to a bail commissioner before a bail determination is made; and

(3)__A process for the safe retrieval of personal property belonging to the victim or the defendant that includes identification of a neutral location for retrieval, the presence of at least one law enforcement officer during the retrieval and at least 24 hours notice to each party prior to the retrieval;

E. Hate or bias crimes;

F. Police pursuits;

G. Citizen complaints of police misconduct; and

H. Criminal conduct engaged in by law enforcement officers.

The chief administrative officer of each agency shall certify to the board that attempts are were made to obtain public comment during the formulation of policies.

2. Minimum policy standards. The board shall establish minimum standards for each law enforcement policy no later than June 1, 1995, except that policies for expanded requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) may be established no later than January 1, 2003.

3. Agency compliance. The chief administrative officer of each law enforcement agency shall certify to the board no later than January 1, 1996 that the agency has adopted written policies consistent with the minimum standards established by the board pursuant to subsection 2, except that certification to the board for expanded policies for domestic violence under subsection 1,

paragraph D, subparagraphs (1) to (3) must be made to the board no later than June 1, 2003. This certification must be accompanied by copies of the agency policies. The chief administrative officer of each agency shall certify to the board no later than June 1, 1996 that the agency has provided orientation and training for its members with respect to the policies, except that certification for orientation and training with respect to expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be made to the board not later than January 1, 2004.

PART D

Sec. D-1. 30-A MRSA §290 is enacted to read:

§290.__Investigators; appointments and removal

The district attorney may appoint in one or more counties of the prosecutorial district, subject to the requirements of section 501, full-time or part-time investigators, whose duties are to enforce the criminal laws in the county.

1.__Qualifications for appointment.__To be eligible for appointment, an investigator must be a law enforcement officer who has met the requirements of Title 25, section 2804-C and is certified as a full-time law enforcement officer.

2.__Powers.__An investigator has the statutory powers of a deputy sheriff in the county in which the investigator is appointed.__An investigator's powers may include those under sections 404 and 405.

PART E

Sec. E-1. 34-A MRSA §1214, sub-§5 is enacted to read:

5.__Report regarding batterers intervention programs.__ Beginning January 2003 and annually thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters regarding the work of batterers intervention programs.__The report must include information regarding:__meeting program benchmarks and goals, developing and implementing new programs, measuring effectiveness of existing programs and communicating and coordinating efforts with providers of substance abuse services, literacy support and other services with whom batterers may need to work in order to participate meaningfully in a batterers intervention program.

PART F

Sec. F-1. Commission established. The Commission to Study Domestic Violence, referred to in this Part as the "commission," is established.

Sec. F-2. Commission membership. The commission consists of the members who served on the Commission to Study Domestic Violence established pursuant to Resolve 1999, chapter 126 as of that commission's final meeting. If any of those members can not serve, the person responsible for appointing that member pursuant to Resolve 1999, chapter 126 shall appoint a new member.

Sec. F-3. Chairs. The chairs of the Commission to Study Domestic Violence pursuant to Resolve 1999, chapter 126 shall continue to serve as chairs, unless unable to do so. If new chairs must be appointed, the President of the Senate shall appoint the Senate chair of the commission and the Speaker of the House shall appoint the House chair of the commission.

Sec. F-4. Appointments; meetings. All appointments must be made no later than 21 days following the effective date of this Act. The appointing authorities shall notify the Executive Director of the Legislative Council upon making their appointments. When the appointment of all members is complete, the chairs of the commission shall call and convene the first meeting of the commission no later than 30 days after all appointments have been made. The commission may hold up to 6 meetings.

Sec. F-5. Duties. The commission shall invite the participation of experts and interested parties, gather information and request necessary data from public and private entities in order to review the following issues and develop recommendations and implementing legislation if appropriate:

1. Predominant aggressors;

2. Models of supervised visitation;

3. Conflicts created by coexisting orders and conditions, including mutual orders for protection from abuse, visitation or other family law issues, probation conditions and bail conditions;

4. Models of uniform domestic violence incident reports and other standard reporting tools for law enforcement officers;

5. The inconsistency in the definitions of "family or household members" in the statutes;

6. Confidentiality programs that allow access to public records without disclosing the location of domestic violence victims;

7. Whether Maine Rules of Criminal Procedure, Rule 4 needs clarification or amendment to authorize courts to set conditions of bail on warrants;

8. The following elements of protection from abuse proceedings:

A. Legal representation;

B. Additional courthouse security and victim safety in courthouses;

C. Space for victims to fill out protection from abuse paperwork;

D. Twenty-four-hour availability of protection from abuse orders;

E. Service issues;

F. Conditions placed on amendment or dismissal of protection from abuse orders; for example, whether courts should require a plaintiff to speak with a domestic violence advocate or legal advocate before the court will amend or dismiss an order; and

G. Giving the court authority to access additional information about children, including the use of limited hearsay and guardians ad litem;

9. Educational components of training and continuing education for bail commissioners;

10. Conditions of bail that bail commissioners may order;

11. The status and progress of communications across the criminal justice system, including a review of technology and computerization of criminal history records, protection orders and bail conditions;

12. Application of the statute authorizing a 2-year period of probation for persons convicted of crimes involving domestic violence since the case Charles C. Apprendi, Jr., Petitioner v. New Jersey, 530 U.S. 466 (2000); and

13. Workplace initiatives for domestic violence victims.

Sec. F-6. Staff assistance. Upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide necessary staffing services to the commission.

Sec. F-7. Compensation. The members of the commission who are Legislators are entitled to the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for necessary expenses incurred for their attendance at authorized meetings of the commission. Other members of the commission who are not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses incurred for their attendance at authorized meetings.

Sec. F-8. Report. The commission shall submit its report, together with any necessary implementing legislation, to the First Regular Session of the 121st Legislature no later than November 6, 2002. The commission is authorized to introduce legislation related to its report to the First Regular Session of the 121st Legislature. If the commission requires a limited extension of time to conclude its work, it may apply to the Legislative Council, which may grant the extension.

Sec. F-9. Budget. The chairs of the commission, with assistance from the commission staff, shall administer the commission's budget. Within 10 days after its first meeting, the commission shall present a work plan and proposed budget to the Legislative Council for approval. The commission may not incur expenses that would result in the commission exceeding its approved budget. Upon request from the commission, the Executive Director of the Legislative Council shall promptly provide the commission chairs and staff with a status report on the commission's budget, expenditures incurred and paid and available funds.

PART G

Sec. G-1. Appropriations and allocations. The following appropriations and allocations are made.

ATTORNEY GENERAL, DEPARTMENT OF THE

Domestic Violence Investigative Services

Initiative: Provides funds to be distributed as grants at the beginning of each fiscal year in equal lump sum amounts to each prosecutorial district to allow each District Attorney's office to purchase investigative services for domestic violence matters in accordance with the purchasing procedures of its respective county.

General Fund 2001-02 2002-03

All Other $0 $400,000

ATTORNEY GENERAL, DEPARTMENT OF THE

DEPARTMENT TOTALS 2001-02 2002-03

GENERAL FUND $0 $400,000

DEPARTMENT TOTAL - ALL FUNDS $0 $400,000

JUDICIAL DEPARTMENT

Courts - Supreme, Superior and District

Initiative: Provides funds to establish a regional continuing education program for all bail commissioners.

General Fund 2001-02 2002-03

All Other $0 $20,000

JUDICIAL DEPARTMENT

DEPARTMENT TOTALS 2001-02 2002-03

GENERAL FUND $0 20,000

DEPARTMENT TOTAL - ALL FUNDS $0 20,000

LEGISLATURE

Commission to Study Domestic Violence

Initiative: Provides funds for the per diem and expenses of legislative members and the reimbursement of necessary expenses of other members of the Commission to Study Domestic Violence and to print the required report.

General Fund 2001-02 2002-03

Personal Services $0 $1,650

All Other 0 4,400

General Fund Total $0 $6,050

LEGISLATURE

DEPARTMENT TOTALS 2001-02 2002-03

GENERAL FUND $0 $6,050

DEPARTMENT TOTAL - ALL FUNDS $0 $6,050

SECTION TOTALS 2001-02 2002-03

GENERAL FUND $0 $426,050

SECTION TOTAL - ALL FUNDS $0 $426,050

FISCAL NOTE

2001-02 2002-03

APPROPRIATIONS/ALLOCATIONS

General Fund $0 $426,050

This bill includes General Fund appropriations totalling $426,050 in fiscal year 2002-03. It provides $400,000 to the Department of the Attorney General to pass through a $50,000 annual grant to each prosecutorial district to be used to purchase investigative services for domestic violence efforts.

It also includes a General Fund appropriation of $20,000 for the Judicial Department to establish a regional continuing education program for bail commissioners. Beginning in fiscal year 2003-04, the annual cost is estimated to be $12,000.

The Legislature will require an additional General Fund appropriation of $6,050 in fiscal year 2002-03 for the per diem and expenses of legislative members and the expenses of other members of the Commission to Study Domestic Violence and to print the required report.

The additional costs associated with providing staffing assistance to the commission during the interim between legislative sessions can be absorbed by the Legislature utilizing existing budgeted resources. If an extension of the reporting deadline is granted and the commission requires staffing assistance during the legislative session, the Legislature may require an additional General Fund appropriation to contract for staff services.

The Department of Public Safety will incur some minor additional costs to revise certain written policies pertaining to domestic violence. These costs can be absorbed within the department's existing budgeted resources.

SUMMARY

This bill is the majority report of the Joint Standing Committee on Criminal Justice. The bill implements recommendations of the Commission to Study Domestic Violence pursuant to Resolve 1999, chapter 126. The bill does the following.

1. It amends the law regarding bail commissioners to specify that, in a case involving domestic violence, a bail commissioner may not set preconviction bail for a defendant before the bail commissioner has made a good faith effort to obtain from the arresting officer, the district attorney, a jail employee or other law enforcement officer, the following: a brief history of the alleged abuser; the relationship of the parties; the name, address, phone number and date of birth of the victim; and existing conditions of protection from abuse orders, conditions of bail and conditions of probation.

2. It requires that bail commissioners receive mandatory training not later than 180 days following appointment, unless the Chief Judge of the District Court determines that the bail commissioner is qualified to carry out the responsibilities of a bail commissioner based on equivalent experience or training.

3. It requires the Chief Judge of the District Court to establish a regional continuing education program for bail commissioners that includes regular meetings of the bail commissioners and members of the judiciary and, at a minimum, training in accepted practices in domestic violence cases and best practices concerning uniform bail conditions.

4. It gives the court authority to prohibit the possession of firearms and other dangerous weapons as a condition of a temporary protection order if the court determines that the defendant has a history of violence. The court may impose this condition only if the court discusses the plaintiff's request for the condition prohibiting possession of firearms or other dangerous weapons in person with the plaintiff, and the court determines that the prohibition of possession of firearms or other dangerous weapons is an appropriate condition of an order after considering at least the following: the defendant's history of violence; the type of abuse alleged; any reason that the defendant may have to possess firearms or other dangerous weapons, including their use in employment; and any other issue that the court determines relevant to the complaint.

5. It amends the requirements of law enforcement agencies to develop certain policies by specifying that policies regarding

domestic violence must include, at a minimum, the following: a process to ensure that victims receive notification of the defendant's release from jail; a risk assessment for a defendant that includes the defendant's previous history, the parties' relationship, the name of the victim and a process to relay this information to a bail commissioner before a bail determination is made; and a process for the safe retrieval of personal property belonging to the victim or the defendant that includes identification of a neutral location for retrieval, the presence of at least one law enforcement officer during the retrieval and at least 24 hours notice to each party prior to the retrieval.

6. It enacts language that authorizes district attorneys to appoint law enforcement officers as domestic violence investigators. Investigators must meet the requirements of the Maine Revised Statutes, Title 25, section 2804-C and be certified as full-time law enforcement officers. Investigators have the same statutory powers as deputy sheriffs.

7. It requires the Department of Corrections to report annually to the joint standing committee of the Legislature having jurisdiction over criminal justice matters regarding the work of batterers intervention programs.

8. It reestablishes the Commission to Study Domestic Violence, with the same members as the study commission established pursuant to Resolve 1999, chapter 126. This commission is charged with inviting the participation of experts and interested parties and gathering information and requesting necessary data from public and private entities in order to review the following issues and develop recommendations and implementing legislation if appropriate: predominant aggressors; models of supervised visitation; conflicts created by coexisting orders and conditions, including mutual orders; models of uniform domestic violence incident reports and other standard reporting tools for law enforcement officers; the inconsistency in the definitions of "family or household members" in the statutes; confidentiality programs that allow access to public records without disclosing the location of domestic violence victims; whether Maine Rules of Criminal Procedure, Rule 4 needs clarification or amendment to authorize courts to set conditions of bail on warrants; a number of elements of the protection from abuse process; educational components of bail commissioner training and continuing education; conditions of bail that bail commissioners can order; and the status and progress of technology and computerization of criminal history records, protection orders and bail conditions. The commission shall report its recommendations and legislation to the Legislature by November 6, 2002.

9. It appropriates General Fund money as equal lump sum grants at the beginning of each fiscal year to each district attorney to contract with a law enforcement officer to fill at least one dedicated investigator position in each prosecutorial district to investigate and provide support in cases of crimes involving domestic violence.

10. It appropriates General Fund money to pay for the expenses of the Commission to Study Domestic Violence.