HP0070, LD 102, item 1, An Act To Make a Person Convicted of a Crime Liable for Payment of Investigative and Prosecutorial Costs

An Act To Make a Person Convicted of a Crime Liable for Payment of Investigative and Prosecutorial Costs

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

Sec. 1. 17-A MRSA §1301, sub-§7 is enacted to read:

7. In addition to any other authorized sentencing alternative, the court shall impose on a person convicted of a crime under this code a fine of an amount equal to the actual costs of investigation and prosecution of the crime for which the person is convicted that have been incurred by the office of the attorney for the State, a law enforcement agency or any other governmental entity that requests payment of such costs.

A. Notwithstanding any provision of law to the contrary, the court shall impose a fine under this subsection notwithstanding the financial incapacity of the convicted person to pay the fine.

B. The court shall require the convicted person to pay the fine within a specified period of time or in specified installments, consistent with section 1303, except that the end of such period or the last such installment may not be later than:

(1) The end of a period of probation, if the sentence imposed by the court on the convicted person includes a term of imprisonment with probation;

(2) If the sentence imposed by the court on the convicted person does not include a period of probation, 5 years after the end of the term of imprisonment imposed; or

(3) If the sentence imposed by the court does not include a term of imprisonment, and in all other circumstances, 5 years after the date on which the court imposes the sentence on the convicted person.

C. The expiration of the period for payment of the fine under paragraph B does not relieve the convicted person of the obligation to pay any unpaid portion of the fine imposed under this subsection.

D. If the sentence imposed by the court on the convicted person includes a period of probation, payment of the fine imposed under this subsection must be imposed as a condition of probation in accordance with section 1204.

E. The amount of the fine to be imposed under this subsection must be established by the court by a preponderance of the evidence. The burden of demonstrating the amount of the costs incurred by the office of the attorney for the State, a law enforcement agency or any other governmental entity requesting payment of costs is on the attorney for the State. The burden of demonstrating the financial resources and financial needs of the convicted person is on the convicted person.

F. Costs for the office of the attorney for the State must be set by the court in all cases at no less than $50 per case when a Class D or Class E crime is charged and no less than $100 per case when murder or a Class A, Class B or Class C crime is charged. The court may set a higher amount upon a showing of sufficient proof of higher costs incurred by the office of the attorney for the State.

G. Costs recovered under this subsection on behalf of the office of the attorney for the State, a law enforcement agency or other governmental entity must be remitted to the Treasurer of State for disbursement. Costs recovered under this subsection by the office of the attorney for the State, a law enforcement agency or other governmental entity must be used for actual costs incurred in investigating and prosecuting criminal cases, including payment of the salaries of permanent employees.

SUMMARY

This bill amends the Maine Criminal Code to require that a court impose on a person convicted of a crime under the code a fine of an amount equal to the actual costs of investigation and prosecution of the crime for which the person is convicted that have been incurred by the office of the attorney for the State, a law enforcement agency or any other governmental entity that requests payment of such costs. Costs recovered under this provision must be returned to the office of the attorney for the State, a law enforcement agency or governmental entity that incurred the costs and must be used for actual costs incurred by such entities in investigating and prosecuting criminal cases.

HP0070 LD 102	Session - 128th Maine Legislature		LR 570 Item 1
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