CHAPTER 389
H.P. 613 - L.D. 862
An Act To Improve the Collection of Restitution and Supervision Fees
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1176 is enacted to read:
§1176. Confidentiality of victim records
Records that pertain to a victim's current address or location or that contain information from which a victim's current address or location could be determined must be kept confidential and may be disclosed only to a state agency if necessary to carry out the statutory function of that agency or to a criminal justice agency if necessary to carry out the administration of criminal justice or the administration of juvenile criminal justice. In no case may a victim's request for notice of release be disclosed outside the agency to which the defendant is committed and the office of the attorney for the State with which the request was filed.
Sec. 2. 17-A MRSA §1204, sub-§1-A, as amended by PL 1995, c. 502, Pt. F, §11, is further amended to read:
1-A. The court shall attach as a condition of probation that the convicted person pay, through the Department of Corrections, a supervision fee of between $10 and $50 per month, as determined by the court, for the term of probation. Notwithstanding the attachment of supervision fee conditions on more than one sentence, a person on probation on concurrent sentences is required to pay only one supervision fee. In determining the amount of the fee, the court shall take into account the financial resources of the convicted person and the nature of the burden its payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fee. When a person on probation fails to pay the supervision fee, the court may revoke probation as specified in section 1206, unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment. The court, if it determines that revocation of probation is not warranted, shall issue a judgment for the total amount of the fee and shall issue an order attaching a specified portion of money received by or owed to the person on probation until the total amount of the fee has been paid. If the person makes this showing, the court may allow additional time for payment within the remaining period of probation or reduce the size of the fee to as low as $10 per month, but may not revoke the requirement to pay the fee unless the remaining period of probation is 30 days or less.
Sec. 3. 17-A MRSA §1323, sub-§1, as amended by PL 1983, c. 793, §1, is further amended to read:
1. Inquiry as to victim's financial loss. The court shall, whenever practicable, inquire of a prosecutor, police law enforcement officer or victim with respect to the extent of the victim's financial loss, and shall order restitution where when appropriate. The order for restitution shall designate the amount of restitution to be paid and the person or persons to whom the restitution will be paid.
Sec. 4. 17-A MRSA §1326-E is enacted to read:
§1326-E. Joint and several order
If the victim's financial loss has been caused by more than one offender, the order must designate that the restitution is to be paid on a joint and several basis, unless the court specifically determines that one defendant should not equally share the burden. The agency collecting restitution pursuant to a joint and several order may, after the full amount of restitution has been collected and disbursed to the victim, continue to collect payments from an offender who has not paid an equal share of the restitution and may disburse the money collected to any other offender who has paid more than an equal share of the restitution.
Sec. 5. 34-A MRSA §5404, sub-§2, ¶C, as amended by PL 1995, c. 502, Pt. F, §37, is further amended to read:
C. If the officer has probable cause to believe that a person under the supervision of the department has violated a condition of that person's probation or parole or intensive supervision, the officer may arrest that person.;
Sec. 6. 34-A MRSA §5404, sub-§3, ¶E, as enacted by PL 1995, c. 502, Pt. F, §40, is amended to read:
E. Supervise the transition from institutional confinement for persons residing in a prerelease center if the commissioner directs.; and
Sec. 7. 34-A MRSA §5404, sub-§4, as enacted by PL 1983, c. 459, §6, is amended to read:
4. Records and reports. Keep records of each case and make reports as required; and.
Sec. 8. 34-A MRSA §5404, sub-§5, as amended by PL 1991, c. 27, is repealed.
Sec. 9. 36 MRSA §5276-A, sub-§6, as enacted by PL 1981, c. 504, §4, is amended to read:
6. Accounting. The creditor agency shall credit the account of the individual whose refund has been set off with the full amount of the setoff, including the collection fee retained by, or reimbursed to, the State Tax Assessor, except that the collection fee may not be credited to the account of an individual required to make restitution as provided in Title 17-A, section 1152, subsection 2-A.
Effective September 17, 2005.
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