| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 30-A MRSA §1510 is enacted to read: |
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| | | 1.__Processing fee.__Any person booked by a county jail may be | | held liable for the cost, as fixed by the sheriff, of being | | processed by the jail.__The jail may collect a processing fee | | from money generated by the person from whatever source and apply | | the fee collected to defray the cost of processing the person. |
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| | | 2.__Limitations.__A processing fee may not be assessed if its | | imposition would create an excessive financial hardship, as | | determined by the sheriff, on a dependent of the person against | | whom the fee is assessed.__Any payment made for the support of | | such a dependent that is required by the Department of Human | | Services may not be used for the processing fee. |
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| | | 3.__Civil action for recovery of expenses.__Notwithstanding | | this section, a county may bring a civil action in a court of | | competent jurisdiction to recover the cost of processing a person | | in a jail.__The following assets are not subject to judgment | | under this subsection: |
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| | | A.__Real property that the person holds in joint ownership; |
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| | | B.__Assets, earnings or other sources of income that the | | person holds in joint ownership; and |
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| | | C.__Income, assets, earnings or other property, both real | | and personal, owned by the person's spouse or family. |
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| | | Sec. 2. 30-A MRSA §1565 is enacted to read: |
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| | | §1565.__Board fee and damage deposit |
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| | | 1.__Board fee.__Any person incarcerated in a county jail may | | be held liable for the cost, as fixed by the sheriff, of board in | | the jail if the person is not paying the board pursuant to | | section 1605.__The jail may collect the board from money | | generated by the person from whatever source and apply the amount | | collected to defray the cost of housing, clothing and feeding the | | person. |
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| | | 2.__Damage deposit.__Any person incarcerated in a county jail | | may be required to pay a damage deposit, as fixed by the sheriff, | | for damage to jail property.__If property is destroyed or damaged | | by a person while at the jail, excepting ordinary wear and tear, | | the jail may keep all or part of the deposit as |
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