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130th MAINE LEGISLATURE |
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LD 54 |
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LR 197(01) |
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An Act To Amend
the Laws Governing Post-conviction Review in Order To Facilitate the Fair
Hearing of All Newly Discovered Evidence |
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Preliminary
Fiscal Impact Statement for Original Bill |
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Sponsor: Rep. Evangelos of Friendship |
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Committee: Judiciary |
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Fiscal Note Required: Yes |
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Preliminary
Fiscal Impact Statement |
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FY 2021-22 |
FY 2022-23 |
Projections FY 2023-24 |
Projections FY 2024-25 |
Net Cost
(Savings) |
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General Fund |
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$1,692,798 |
$1,758,332 |
$1,807,997 |
$1,859,249 |
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Appropriations/Allocations |
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General Fund |
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$1,692,798 |
$1,758,332 |
$1,807,997 |
$1,859,249 |
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Fiscal Detail
and Notes |
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The bill provides
that there is no deadline for filing a petition for post-conviction review
based on newly discovered evidence. According to information provided by the
Judicial Department, this could increase the total number of post-conviction
reviews by 5-10%, or about 80 to 159 new cases per year. As a result of the
increased caseload, the Judicial Department will require General Fund
Appropriations of $397,452 in fiscal year 2021-22 and $410,170 in fiscal year
2022-23 to establish one additional Judge, one Deputy Marshal position, one
Assistant Clerk position and one part-time Law Clerk position. |
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Additionally, the
Office of the Attorney General will require General Fund appropriations of
$1,098,853 in fiscal year 2021-22 and $1,151,669 in fiscal year 2022-23 for
an additional 7.5 Assistant District Attorney positions, one Assistant
Attorney General position and one Research Assistant Paralegal position to
handle an anticipated increase in litigation. |
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The Maine
Commission on Indigent Legal Services (MCILS)
is currently appointed as counsel for about 79% of post conviction
reviews at an average cost of $2,077 per case. Assuming MCILS will handle an
additional 95 post conviction reviews as a result of this bill, MCILS will
require ongoing General Fund appropriations of $196,493. |
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