LD 1236
pg. 1
LD 1236 Title Page An Act to Strengthen the Bail Laws for Repeat Offenders Page 2 of 2
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LR 354
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §1026, sub-§2, as amended by PL 1997, c. 585, §3, is
further amended to read:

 
2. Release on personal recognizance or unsecured appearance
bond. The judicial officer shall order the pretrial release of
the defendant on personal recognizance or upon execution of an
unsecured appearance bond in an amount specified by the judicial
officer, unless the judicial officer determines that the release
will not reasonably ensure the appearance of the defendant as
required or, will not otherwise reasonably ensure the integrity
of the judicial process or will not reasonably prevent new
criminal conduct by the defendant.

 
Sec. 2. 15 MRSA §1026, sub-§3, as amended by PL 1997, c. 543, §7, is
further amended to read:

 
3. Release on conditions. Conditions that will reasonably
ensure the appearance of the defendant and, ensure the integrity
of the judicial process and prevent new criminal conduct by the
defendant must be imposed as provided in this subsection.

 
A. If the judicial officer determines that the release
described in subsection 2 will not reasonably ensure the
appearance of the defendant as required or, will not
otherwise reasonably ensure the integrity of the judicial
process or will not reasonably prevent new criminal conduct
by the defendant, the judicial officer shall order the
pretrial release of the defendant subject to the least
restrictive further condition or combination of conditions
that the judicial officer determines will reasonably ensure
the appearance of the defendant as required and, will
otherwise reasonably ensure the integrity of the judicial
process and will reasonably prevent new criminal conduct by
the defendant. These conditions may include that the
defendant:

 
(1) Remain in the custody of a designated person or organization
agreeing to supervise the defendant, including a public official,
public agency or publicly funded organization, if the designated
person or organization is able to reasonably ensure both the
appearance of the defendant as required and, will reasonably
ensure the integrity of the judicial process and will reasonably
prevent new criminal conduct by the defendant. When feasible,
the judicial officer shall impose the responsibility upon the
defendant to produce the designated person or organization. The
judicial officer may interview the designated person or


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