LD 1237
pg. 4
Page 3 of 5 An Act To Amend the Sentencing Laws Page 5 of 5
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LR 1968
Item 1

 
1-A.__A summons may be used to order a person who was placed on
administrative release to appear on a motion to revoke
administrative release.

 
2. A person placed on administrative release appearing on a
motion to revoke administrative release pursuant to a summons
must be afforded an initial appearance as provided in section
1205-C, subsection 4.

 
3. If the person placed on administrative release fails to
appear in court after having been served with a summons, the
court may issue a warrant for the arrest of the person. After
arrest of the person, the court shall afford the person a
preliminary hearing an initial appearance as provided in section
1205 1205-C, subsection 4, and, if retained in custody, section
1205-C, subsection 3 applies.

 
4. If the person placed on administrative release can be
located and served a summons, the attorney for the State may not
commence the administrative release proceeding by having the
person arrested. However, if the person can not, with due
diligence, be located, the attorney for the State shall file a
written notice of this fact with the court and obtain a warrant
of arrest under Rule 41 of the Maine Rules of Criminal Procedure.
If during the period of administrative release the attorney for
the State has probable cause to believe that the person placed on
administrative release has violated a requirement of
administrative release, the attorney for the State may apply for
a warrant for the arrest of the person. Unless sooner released,
the court shall provide the person with an initial appearance on
the revocation of administrative release within 14 days after
arrest. A copy of the motion must be furnished to the person
prior to or at the initial appearance. The initial appearance is
as provided in section 1205-C, subsection 4. Bail is as provided
in section 1205-C, subsections 5 and 6.

 
Sec. 10. 19-A MRSA §4002, sub-§4, as amended by PL 2003, c. 672, §16,
is further amended to read:

 
4. Family or household members. "Family or household
members" means spouses or domestic partners or former spouses or
former domestic partners, individuals presently or formerly
living together as spouses, natural parents of the same child,
adult household members related by consanguinity or affinity or
minor children of a household member when the defendant is an
adult household member and, for the purposes of this chapter and
Title 17-A, sections 1201, 1202 and 1253 only, includes
individuals presently or formerly living together and individuals


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