CHAPTER 273
H.P. 397 - L.D. 542
An Act to Make Appeals to the Law Court From Revocation of Probation Proceedings Conditional and to Clarify the Matter of Bail Pending Final Disposition of a Motion for Revocation of Probation
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1205, sub-§8 is enacted to read:
8. In deciding whether to set bail under this section and in setting the kind and amount of that bail, the court must be guided by the standards of post-conviction bail in Title 15, section 1051, subsections 2 and 3. Appeal is governed by Title 15, section 1051, subsections 5 and 6. Bail set under this section is also governed by the sureties and other forms of bail provisions in Title 15, chapter 105-A, subchapter IV and the enforcement provisions in Title 15, chapter 105-A, subchapter V, articles 1 and 3, including the appeal provisions in Title 15, section 1099-A, subsection 2.
Sec. 2. 17-A MRSA §1206, sub-§3, as amended by PL 1993, c. 234, §1, is further amended to read:
3. If a hearing is ordered, the person on probation must be notified, and the court may issue a summons or may issue a warrant for the person's arrest and order the person committed, with or without bail, pending the hearing. Section 1205, subsection 8 applies to bail under this section.
Sec. 3. 17-A MRSA §1207, as amended by PL 1993, c. 234, §3, is repealed and the following enacted in its place:
Review of a revocation of probation pursuant to section 1206 must be by appeal.
1. District Court proceeding. In a probation revocation proceeding in the District Court, a person whose probation is revoked may appeal to the Superior Court under Title 15, section 2111 and the applicable Maine Rules of Criminal Procedure. An appeal to the Law Court, from an adverse decision of the Superior Court sitting as an intermediate appellate court, is not an appeal of right. The time, manner and specific conditions for taking that appeal to the Law Court are as the Supreme Judicial Court provides in the Maine Rules of Criminal Procedure.
2. Superior Court proceeding. In a probation revocation proceeding in the Superior Court, a person whose probation is revoked may not appeal as of right. The time, manner and specific conditions for taking that appeal to the Law Court are as the Supreme Judicial Court provides in the Maine Rules of Criminal Procedure.
3. Assignment and withdrawal of counsel. Assignment and withdrawal of counsel must be in accordance with the Maine Rules of Criminal Procedure.
Effective September 19, 1997, unless otherwise indicated.
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