LD 862
pg. 1
LD 862 Title Page An Act To Improve the Collection of Restitution and Supervision Fees Page 2 of 2
Download Bill Text
LR 367
Item 1

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

 
Sec. 1. 17-A MRSA §1204, sub-§1-A, as amended by PL 1995, c. 502, Pt.
F, §11, is further amended to read:

 
1-A. The court shall attach as a condition of probation that
the convicted person pay, through the Department of Corrections,
a supervision fee of between $10 and $50 per month, as determined
by the court, for the term of probation. Notwithstanding the
attachment of supervision fee conditions on more than one
sentence, a person on probation on concurrent sentences is
required to pay only one supervision fee. In determining the
amount of the fee, the court shall take into account the
financial resources of the convicted person and the nature of the
burden its payment imposes. A person may not be sentenced to
imprisonment without probation solely for the reason the person
is not able to pay the fee. When a person on probation fails to
pay the supervision fee, the court may revoke probation as
specified in section 1206, unless the person shows that failure
to pay was not attributable to a willful refusal to pay or to a
failure on that person's part to make a good faith effort to
obtain the funds required for the payment. The court, if it
determines that revocation of probation is not warranted, shall
issue a judgment for the total amount of the fee and shall issue
an order attaching a specified portion of money received by or
owed to the person on probation until the total amount of the fee
has been paid. If the person makes this showing, the court may
allow additional time for payment within the remaining period of
probation or reduce the size of the fee to as low as $10 per
month, but may not revoke the requirement to pay the fee unless
the remaining period of probation is 30 days or less.

 
Sec. 2. 17-A MRSA §1323, sub-§1, as amended by PL 1983, c. 793, §1, is
further amended to read:

 
1. Inquiry as to victim's financial loss. The court shall,
whenever practicable, inquire of a prosecutor, police law
enforcement officer or victim with respect to the extent of the
victim's financial loss, and shall order restitution where when
appropriate. The order for restitution shall designate the amount
of restitution to be paid and the person or persons to whom the
restitution will be paid.

 
Sec. 3. 17-A MRSA §1326-E is enacted to read:

 
§1326-E.__Joint and several order

 
If the victim's financial loss has been caused by more than
one offender, the order must designate that the restitution is to
be paid on a joint and several basis.__The agency collecting


LD 862 Title Page Top of Page Page 2 of 2