CHAPTER 66

H.P. 535 - L.D. 729

An Act To Clarify the Standard for Review of Preconviction

Bail

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 15 MRSA §1028, as amended by PL 1999, c. 731, Pt. ZZZ, §10 and as affected by §42, is further amended to read:

§1028. De novo determination of bail under section 1026

1. By defendant in custody. Any defendant aggrieved by the refusal 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 to authorize the defendant's release on personal recognizance or on the execution of an unsecured appearance bond and who is in custody for that crime may petition the Superior Court for a de novo determination of that refusal 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.