HP0654, LD 951, item 1, An Act To Restore Judicial Discretion in the Administration of Fines

An Act To Restore Judicial Discretion in the Administration of Fines

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

Sec. 1. 9-A MRSA §5-105, sub-§2, ¶A, as repealed and replaced by PL 2007, c. 7, §1, is amended to read:

A. Twenty-five Ten percent of the individual's disposable earnings for that week; and

Sec. 2. 14 MRSA §3141, sub-§7, as amended by PL 1999, c. 587, §9, is further amended to read:

7. Remedies. Failure Having the ability to pay and willfully failing to pay by the date fixed by the court's order or an amended order subjects the defendant to the contempt procedures provided in section 3142, suspensions under Title 29-A, section 2605, and all procedures for collections provided for in sections 3127-A, 3127-B, 3131, 3132, 3134, 3135 and 3136. An installment agreement under this section must be considered an agreement under section 3125, and a court order to pay under section 3126-A. In addition to other penalties provided by law, the court may impose on the defendant reasonable costs for any failure to appear.

Sec. 3. 15 MRSA §651, sub-§4, ¶C, as enacted by PL 2011, c. 214, §2 and affected by §6, is repealed.

Sec. 4. 15 MRSA §651, sub-§9, as enacted by PL 2011, c. 214, §2 and affected by §6, is repealed.

Sec. 5. 17-A MRSA §1206, sub-§6-A is enacted to read:

6-A. When the alleged violation is failure to pay a fine, the court may revoke probation if it finds by a preponderance of the evidence that the person on probation has the ability to pay the monetary amount as directed by the court and intentionally fails to pay. In determining ability to pay, the court shall take into account the present and future financial capacity of the person on probation to pay the fine and the nature of the financial burden that payment of the fine will impose on the person on probation or a dependent of the person on probation, if any.

Sec. 6. 17-A MRSA §1301, sub-§6, as amended by PL 2011, c. 464, §22, is further amended to read:

6. In addition to any other authorized sentencing alternative, the court shall may impose a minimum fine of $400 , none of which may be suspended, for a person convicted of a crime under section 1103; 1104; 1105-A; 1105-B; 1105-C; 1105-D; 1106; 1107-A; 1108; 1109; 1110; 1111; 1111-A, subsection 4-A; 1116; 1117; or 1118.

Sec. 7. 17-A MRSA §1303, sub-§2, as enacted by PL 1975, c. 499, §1, is amended to read:

2. If a convicted person sentenced to pay a fine is also placed on probation, the court may make the payment of the fine a condition of probation. In such cases, the court may order that the fine be paid to the probation officer. Probation may not be revoked for failure to pay a fine unless the person on probation has the ability to pay the fine and intentionally fails to pay.

Sec. 8. 17-A MRSA §1303-B, as enacted by PL 1999, c. 367, §4, is amended to read:

§ 1303-B. Modification of payment of fine

A convicted person who has been sentenced to pay a fine shall move the court for a modification of time or method of payment to avoid a default. The court on its own motion or pursuant to the convicted person's motion may modify its prior order to reduce the fine pursuant to section 1304 or to allow additional time for payment or to reduce the amount of each installment.

Sec. 9. 17-A MRSA §1304, as amended by PL 2013, c. 266, §8, is further amended to read:

§ 1304. Default

1. An offender who has been sentenced to pay a fine and has defaulted in payment of that fine must be returned to court for further disposition issued a court order requiring the offender to appear for a court hearing.

1-A. For purposes of this section, if an offender is returned to court pursuant to a warrant, both the court located where the warrant is issued and the court located where the warrant is executed are authorized to conduct the default hearing pursuant to subsection 3.

2. A probation officer having knowledge of a default in payment of a fine by an offender shall report the default to the office of the attorney for the State. An attorney for the State having knowledge of a default in payment of a fine by an offender shall report the default to the court. If the fine was a condition of probation, the attorney for the State may file a motion to enforce payment of the fine or, with the written consent of the probation officer, a motion to revoke probation under section 1205. If the fine was not a condition of probation, the The attorney for the State may file a motion to enforce payment of the fine.

3. Either the attorney for the State or the court may initiate a motion to enforce payment of a fine. Notification for the hearing on the motion must be sent by regular mail to the offender's last known address. If the offender does not appear for the hearing after proper notification has been sent, the court may issue a bench warrant. A court need not bring a motion to enforce payment of a fine nor notify the offender by regular mail of the date of the hearing if at the time of sentence imposition the court's order to pay the fine and accompanying warnings to the offender comply with Title 14, section 3141, subsection 3 or 4 and, if the offender fails to appear as directed by the court's fine order, the court may issue a bench warrant.

A. Unless the offender shows by a preponderance of the evidence that the default was not attributable to an intentional or knowing refusal to obey the court's order or to a failure on the offender's part to make a good faith effort to obtain the funds required for the payment, the court shall find that the default was unexcused and may:

(1) Commit the offender to the custody of the sheriff until all or a specified part of the fine is paid. The length of confinement in a county jail for unexcused default must be specified in the court's order and may not exceed 6 months. An offender committed for nonpayment of a fine is given credit toward the payment of the fine for each day of confinement that the offender is in custody at the rate specified in the court's order, which may not be less than $25 or more than $100 of unpaid fine for each day of confinement. The offender is also given credit for each day that the offender is detained as the result of an arrest warrant issued pursuant to this section. An offender is responsible for paying any fine remaining after receiving credit for confinement and detention. A default on the remaining fine is also governed by this section; or

(2) If the unexcused default relates to a fine imposed for a Class D or Class E crime, as authorized by chapter 53, order the offender to perform community service work, as authorized in chapter 54-C, until all or a specified part of the fine is paid. The number of hours of community service work must be specified in the court's order and the offender must receive a credit against the unpaid fine of no less than $25 for every 8 hours the minimum wage under Title 26, section 664, subsection 1 for each hour of community service work completed, which may not exceed one hundred 8-hour days. An offender ordered to perform community service work pursuant to this subparagraph is given credit toward the payment of the fine for each 8-hour day of community service work performed at the rate specified in the court's order. The offender is also given credit toward the payment of the fine for each day that the offender is detained as a result of an arrest warrant issued pursuant to this section at a rate specified in the court's order that is up to $100 of unpaid fine per day of confinement. An offender is responsible for paying any fine remaining after receiving credit for any detention and for community service work performed. A default on the remaining fine is also governed by this section.

B. If it appears that the default is excusable, the court may give the offender additional time for payment, may reduce the amount of the fine, may reduce the amount of each installment or may permit the offender to perform community service work at a rate authorized by paragraph A, subparagraph (2), supervised by the sheriff of the county in which the court that assessed the fine is located or by a community confinement monitoring agency with which that sheriff has contracted under Title 30-A, section 1659-A.

C. If the court commits a person to the custody of the sheriff for nonpayment of a fine pursuant to subsection 3, paragraph A, subparagraph (1), the court may authorize, at the time of its order only, participation of the person in a project under Title 30-A, section 1606 with the agreement of the sheriff of the county jail where the person is committed. The person must be given credit according to Title 30-A, section 1606, subsection 2.

D. The confinement ordered under subsection 3, paragraph A, subparagraph (1) must be nonconcurrent with any judgment of conviction involving a term of imprisonment.

4. Upon any default, execution may be levied and other measures authorized for the collection of unpaid civil judgments may be taken to collect the unpaid fine. A levy of execution does not discharge an offender confined to a county jail or performing community service work under subsection 3 for unexcused default until the full amount of the fine has been collected.

5. When a fine is imposed on an organization, the person or persons authorized to make disbursements from the assets of the organization shall pay the fine from the organization's assets. Failure to do so may subject the person or persons to court action pursuant to this section.

Sec. 10. 30-A MRSA §1606, sub-§2, as amended by PL 2013, c. 519, §9, is further amended to read:

2. Sentence prorated. Inmates participating in a public works-related project or an improvement of property owned by a charitable organization under this section may have their sentences to the jail prorated at the rate of up to one day removed from the sentences for every 16 hours of participation in the project , except that inmates committed to the custody of the sheriff for nonpayment of fines under Title 17-A, section 1304 must have their sentences prorated at the rate that is applicable to the individual inmate pursuant to Title 17-A, section 1304, subsection 3, paragraph A, subparagraph (1).

summary

This bill:

1. Lowers the maximum amount of earnings that may be garnished to enforce payment of a judgment arising from a consumer credit transaction;

2. Makes some criminal fines discretionary rather than mandatory;

3. Prohibits revoking probation solely on the basis of failure to pay a fine;

4. Allows the court to reduce a fine in limited circumstances upon a showing of indigence;

5. Prohibits incarceration solely for failure to pay a fine;

6. Eliminates the failure to pay warrant; and

7. Limits suspensions under the Maine Revised Statutes, Title 29-A and contempt proceedings under Title 14 for indigent defendants.

HP0654 LD 951	Session - 127th Maine Legislature		LR 1656 Item 1
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