An Act To Ensure Notification to Victims of Domestic Violence, Sexual Assault and Stalking When Defendants Are Released on Bail

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  notification of a defendant's release on bail is essential information for a victim of domestic violence, sexual assault or stalking in making a safety plan; and

Whereas,  current practices of notification to victims of domestic violence, sexual assault and stalking of defendants' release on bail are neither uniform nor consistent, and sometimes notification does not occur at all; and

Whereas,  creating a uniform notification process will better protect and ensure the lives and safety of victims of domestic violence, sexual assault and stalking; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 17-A MRSA §1175-A  is enacted to read:

§ 1175-A.  Notification of defendant's release on bail

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This bill ensures that a victim of domestic violence, sexual assault or stalking receives prompt notification directly from the jail when a person who is alleged to have committed the offense is released on bail from the jail. The same confidentiality provisions governing the protection of victim information under the Maine Revised Statutes, Title 17-A, chapter 48 apply to the new notification provision.