LD 1497
pg. 2
Page 1 of 9 An Act To Amend the Laws Pertaining to the Department of Corrections Page 3 of 9
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LR 1961
Item 1

 
(5) After hearing, the confidential information is
sealed within the record and may not be further
disclosed, except upon order of court.

 
Sec. 2. 15 MRSA §1105, as enacted by PL 2001, c. 318, §1, is
amended to read:

 
§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 shall require the defendant to pay a
substance abuse testing fee. 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.

 
Sec. 3. 15 MRSA §3009, sub-§2, as enacted by PL 2001, c. 452, §1, is
amended to read:

 
2. Release of information. Upon the request of the
superintendent or the superintendent's designee under subsection
1, the Department of Corrections shall release information as
authorized under section 3308, subsection 7, paragraph B-1,
subparagraph (3) and Title 34-A, section 3003 1216, subsection 1,
paragraph F to be used by the reintegration team. Information
received pursuant to this subsection is confidential and may not
be further disseminated, except as otherwise provided by law.

 
Sec. 4. 17-A MRSA §752-A, sub-§1, ¶B, as amended by PL 1983, c. 408,
§1, is further amended to read:


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