| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 15 MRSA §1002, 2nd ¶, as amended by PL 1997, c. 543, §1, is | further amended to read: |
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| | It is the purpose and intent of this chapter that bail be set | for a defendant in order to reasonably ensure the appearance of | the defendant as required, to otherwise reasonably ensure the | integrity of the judicial process and, when applicable, to | reasonably ensure the safety of others in the community. It is | also the purpose and intent of this chapter that the judicial | officer consider, relative to crimes bailable as of right | preconviction, the least restrictive release alternative that | will reasonably ensure the attendance of the defendant as | required, or otherwise reasonably ensure the integrity of the | judicial process shall give serious consideration for first-time | defendants to receive personal recognizance bail. Finally, it is | also the intent and purpose of this chapter that a defendant, | while at liberty on bail, refrain from committing new crimes. |
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| | Sec. 2. 15 MRSA §1002, as amended by PL 1997, c. 585, §1, is | further amended by adding at the end 2 new paragraphs to read: |
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| | The Legislature finds that personal recognizance bail or | unsecured appearance bond should not be available for offenders | who have a pending charge. |
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| | The Legislature further believes that, as a matter of public | policy, personal recognizance bail or unsecured appearance bond | should not be available to repeat offenders or to those who | commit serious crimes. |
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| | Sec. 3. 15 MRSA §1003, sub-§1, ¶A, as amended by PL 1997, c. 543, §3, | is further amended to read: |
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| A. In the preconviction context, "bail" means the obtaining | of the release of the defendant upon an undertaking that the | defendant shall appear at the time and place required, that | the defendant shall conform to any condition imposed, in | accordance with section 1026, designed to ensure the | integrity of the judicial process and, that the defendant | shall refrain from any new criminal conduct. For crimes | bailable only as a matter of discretion preconviction, bail | also means the obtaining of the release of the defendant | upon an undertaking that the defendant shall conform to each | condition that is designed and to ensure the safety of | others in the community. |
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| | Sec. 4. 15 MRSA §1003, sub-§5, as repealed and replaced by PL 1997, c. | 585, §2, is repealed and the following enacted in its place: |
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