An Act To Facilitate the Use of Electronic Monitoring To Prevent Domestic Violence
Sec. 1. 4 MRSA §1060 is enacted to read:
§ 1060. Electronic Monitoring Fund
The Electronic Monitoring Fund is established in the judicial branch as an Other Special Revenue Funds program to provide funding for the use of electronic monitoring pursuant to Title 19-A, section 4007, subsection 1, paragraph D-1 and pursuant to Title 25, section 2917.
Sec. 2. 19-A MRSA §4002, sub-§3-B is enacted to read:
Sec. 3. 19-A MRSA §4005, sub-§3, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 4. 19-A MRSA §4006, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
If the plaintiff requests electronic monitoring as a form of relief on the complaint, the plaintiff may introduce evidence at the full hearing indicating that electronic monitoring is an appropriate form of relief. Electronic monitoring may not be a condition of temporary, emergency or interim relief and may only be granted after a full hearing.
Sec. 5. 19-A MRSA §4007, sub-§1, ¶D-1 is enacted to read:
(1) Physical, sexual or emotional abuse by the defendant has recently increased in severity or frequency;
(2) The defendant has ever threatened suicide or has tried to commit suicide;
(3) The defendant has ever tried to kill, or has threatened to kill, the plaintiff or any member of the plaintiff's household;
(4) The defendant has ever tried to use, or has threatened to use, a weapon against the plaintiff or any member of the plaintiff's household;
(5) The defendant has previously attempted to avoid arrest;
(6) The defendant uses illegal drugs or abuses alcohol;
(7) The defendant has displayed controlling behavior toward the plaintiff;
(8) The defendant has stalked or spied on the plaintiff or any member of the plaintiff's household;
(9) The defendant has harmed or has threatened to harm children; and
(10) The defendant is engaged in regular employment or other meaningful activities, such as education;
Sec. 6. 25 MRSA §2917 is enacted to read:
§ 2917. Electronic monitoring program
The Department of Public Safety shall establish and maintain an electronic monitoring program to monitor a defendant ordered by a court to participate in the program pursuant to Title 19-A, section 4007, subsection 1, paragraph D-1. The program must include, but is not limited to, requirements that:
The Department of Public Safety shall establish and maintain the electronic monitoring program within its existing resources except that it may receive funding from the Electronic Monitoring Fund established pursuant to Title 4, section 1060.
Sec. 7. 34-A MRSA §1218, as enacted by PL 2011, c. 655, Pt. EEE, §1, is repealed.
Sec. 8. PL 2011, c. 655, Pt. EEE, §2 is repealed.
Sec. 9. Selection of electronic monitoring vendor. By January 1, 2015, the Department of Public Safety shall develop and issue a request for proposals that will lead to the selection of a vendor that can provide an electronic monitoring system that satisfies the requirements of this Act. This section takes effect 90 days after the adjournment of the First Regular Session of the 126th Legislature.
Sec. 10. Electronic monitoring pilot program. By July 1, 2015, the Department of Public Safety shall begin operation of a pilot electronic monitoring program pursuant to this Act within 4 of the State's 16 counties. By January 1, 2016, this program must be expanded to statewide coverage. This section takes effect 90 days after the adjournment of the First Regular Session of the 126th Legislature.
Sec. 11. Effective date. Except as otherwise provided, this Act takes effect January 1, 2016.
This bill provides a new form of relief to Maine's existing protection from abuse laws by allowing those seeking a protection from abuse order to request that the defendant be subject to electronic monitoring. Electronic monitoring may be ordered only after a full protection from abuse hearing and only after consideration of various domestic violence risk factors. It directs the Department of Public Safety to establish an electronic monitoring program and authorizes the department to seek funding from the Electronic Monitoring Fund to support the program. This bill repeals the electronic monitoring fund within the Department of Corrections and places it in the judicial branch. These provisions take effect January 1, 2016.
Beginning July 1, 2015, the electronic monitoring program would operate as a pilot program in 4 of Maine's counties, expanding to statewide coverage by January 1, 2016.