Sec. R-1. 4 MRSA §116, first ¶, as amended by PL 2001, c. 617, §1 and c. 698, §1 and affected by §7, is repealed and the following enacted in its place:
All revenue received by the Supreme Judicial or Superior Court, whether directly or pursuant to an agreement entered into with the Department of Administrative and Financial Services, Bureau of Revenue Services, from fines, forfeitures, penalties, fees and costs accrues to the State, except as otherwise provided under section 1057; Title 7, section 3910-A; Title 12, sections 3055 and 4508; Title 17, section 1015; Title 23, section 1653; Title 29-A, section 2602; and Title 34-A, section 1210-A, subsection 9.
Sec. R-2. 4 MRSA §163, sub-§1, as amended by PL 2001, c. 617, §2 and c. 698, §2 and affected by §7, is repealed and the following enacted in its place:
1. District Court funds. Except as otherwise provided by law, all fines, forfeitures, surcharges, assessments and fees collected in any division of the District Court or by the violations bureau must be paid to the clerk of that District Court, who shall deposit them in a special account in a timely manner. Once each month, the clerk shall remit the sums to the Treasurer of State, who shall credit them to the General Fund. At the same time, the clerk shall remit the sums that have been collected in accordance with section 1057; Title 5, chapter 316-A; Title 7, section 3910-A; Title 17, section 1015; Title 29-A, section 2411, subsection 7; and Title 34-A, section 1210-A, subsection 9. Funds received by the clerk as bail in criminal cases must be deposited daily in a special account. The clerk shall deposit the funds in an interest-bearing account unless the clerk determines that it is not cost-effective to do so. Interest accrued in the account is the property of and accrues to the State. The forfeiture and setoff of bail is governed as otherwise provided by law.
The court shall file a monthly report with the State Auditor itemizing the amount of fines, surcharges and assessments imposed and to whom each is payable.
Sec. R-3. 4 MRSA §1057, sub-§2-A, as amended by PL 1997, c. 395, Pt. O, §1, is further amended to read:
2-A. Surcharge imposed. A surcharge of 12% 14% must be added to every fine, forfeiture or penalty imposed by any court in this State, which, for the purposes of collection and collection procedures, is considered a part of the fine, forfeiture or penalty. All funds collected as a result of this surcharge must be deposited monthly in the Government Operations Surcharge Fund. One-sixth Two-sevenths of the surcharge collected must be paid to the Maine Criminal Justice Academy to supplement current funds for training and recertification of part-time and full-time law enforcement officers. This subsection takes effect January 1, 2001 or when the funding for the operation of the Judicial Department's computer system lapses, whichever occurs first.
Sec. R-4. 4 MRSA §1057-A, as amended by PL 2001, c. 698, §3 and affected by §7, is repealed.
Sec. R-5. 5 MRSA §948, sub-§1, ¶B, as enacted by PL 1983, c. 729, §4, is repealed.
Sec. R-6. 5 MRSA §948, sub-§1, ¶F, as amended by PL 2001, c. 559, Pt. EE, §1, is repealed.
Sec. R-7. 22 MRSA §1555-B, sub-§9, as enacted by PL 1997, c. 305, §5, is amended to read:
9. Distribution of fines. Fines and forfeitures collected pursuant to subchapter I 1 and this subchapter must be credited as follows: one half to the General Fund and 1/2 to be deposited in a nonlapsing account to be paid to law enforcement agencies of the Maine Criminal Justice Academy for the purpose of providing funds for training and recertification of part-time and full-time law enforcement officers.
Sec. R-8. 25 MRSA §1541, sub-§6, as amended by PL 2001, c. 552, §1, is further amended to read:
6. Establishment of fees. The State Bureau of Identification may charge a fee to nongovernmental organizations individuals, governmental organizations that are engaged in licensing and governmental organizations that are not a governmental entity of the State, a county of the State or a municipality of the State for each criminal history record check requested for noncriminal justice purposes pursuant to Title 16, chapter 3, subchapter VIII. The requestor shall provide a name and date of birth for each record being requested. A request made pursuant to 5 United States Code, Section 9101 must be accompanied by fingerprints. A governmental organization that is engaged in licensing may charge an applicant for the cost of the criminal history record check. The commissioner shall establish a schedule of fees that covers the cost of providing these services. Revenues generated from these fees must be credited to the General Fund and the Highway Fund in an amount consistent with currently budgeted allotments and allocations.
Sec. R-9. 34-A MRSA §1210-A, sub-§9, as enacted by PL 2001, c. 698, §5 and affected by §7, is amended to read:
9. Surcharge imposed. In addition to the 12% 14% surcharge collected pursuant to Title 4, section 1057 and the 2% surcharge collected pursuant to Title 4, section 1057-A, an additional 1% surcharge must be added to every fine, forfeiture or penalty imposed by any court in this State, which for the purposes of collection and collection procedures is considered a part of the fine, forfeiture or penalty. Except as provided in subsection 10, all funds collected pursuant to this subsection are nonlapsing and must be deposited monthly in the County Jail Prisoner Support and Community Corrections Fund that is administered by the department. Except as provided in subsection 10, all funds collected pursuant to this subsection must be distributed to counties that have experienced at least a 10% increase in their total annual jail operating budget or to counties that have issued bonds for the construction of a new jail or renovation of an existing jail and that meet all other requirements under subsection 4. Funds distributed to counties pursuant to this subsection must be used for the sole purpose of funding costs of the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections.
Sec. R-10. Retroactivity. Those sections of this Part that repeal and replace the Maine Revised Statutes, Title 4, section 116, first paragraph and section 163, subsection 1 apply retroactively to August 1, 2002.
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