CHAPTER 87
H.P. 615 - L.D. 838
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §1074, sub-§3, as enacted by PL 1987, c. 758, §20, is amended to read:
3. Setoff. When a defendant has deposited cash or other property owned by the defendant as bail or has offered real estate owned by the defendant and subject to a bail lien as bail and the cash, other property or real estate has not been forfeited, the court, before ordering the cash or other property returned to the defendant or discharging the real estate bail lien, shall determine whether the cash, other property or real estate or any portion of the cash, other property or real estate is subject to setoff as authorized by this section. The court may order all or a portion of the bail owned by a defendant that has not been forfeited to be first paid and applied to one or more of the following:
A. Any fine, forfeiture, penalty or fee imposed upon a defendant as part of the sentence for conviction of any offense arising out of the criminal proceeding for which the bail has been posted and the sentence for conviction of any offense in an unrelated civil or criminal proceeding;
B. Any amount of restitution the defendant has been ordered to pay as part of the sentence imposed in the proceeding for which bail has been posted and in any unrelated proceeding;
C. Any amount of attorneys' attorney's fees or other expense authorized by the court at the request of the defendant or attorney and actually paid by the State on behalf of the defendant on the ground that the defendant has been found to be indigent in the proceeding for which bail has been posted and in any unrelated proceeding; and
D. Any surcharge imposed by Title 4, section 1057.
The court shall apply any bail collected pursuant to this subsection first to restitution.
Effective September 13, 2003, unless otherwise indicated.
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