LD 1497
pg. 2
Page 1 of 9 PUBLIC Law Chapter 205 Page 3 of 9
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LR 1961
Item 1

 
(1) The hearing officer determines that introduction of
the confidential information is necessary for the
determination of an issue before the hearing officer;

 
(2) During the introduction of confidential
information, the proceeding is open only to the hearing
officer, employees of the agency, parties, parties'
representatives, counsel of record and the witness
testifying regarding the information, and access to the
information is limited to these people. Disclosure is
limited to information directly related to the matter
at issue;

 
(3) Witnesses are sequestered during the introduction
of confidential information, except when offering
testimony at the proceeding;

 
(4) The names or identities of reporters of
confidential information or of other persons may not be
disclosed, except when disclosure is determined
necessary and relevant by the hearing officer; and

 
(5) After hearing, the confidential information is
sealed within the record and may not be further
disclosed, except upon order of court.

 
Sec. 2. 15 MRSA §1105, as enacted by PL 2001, c. 318, §1, is
amended to read:

 
§1105. Alcohol and drug treatment program

 
As a condition of post-conviction release, the court may
impose the condition of participation in an alcohol and drug
treatment program for a period not to exceed 24 months pursuant
to Title 4, chapter 8. Upon request of the Department of
Corrections, the court may require the defendant to pay a
substance abuse testing fee as a requirement of participation in
the alcohol or drug treatment program. If at any time the court
finds probable cause that a defendant released with a condition
of participation in an alcohol and drug treatment program has
intentionally or knowingly violated any requirement of the
defendant's participation in the alcohol or drug treatment
program, the court may suspend the order of bail for a period of
up to 7 days for any such violation. The defendant must be given
an opportunity to personally address the court prior to the
suspension of an order of bail under this section. A period of
suspension of bail is a period of detention under Title 17-A,
section 1253, subsection 2. This section does not restrict the

 
ability of the court to take actions other than suspension of the


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