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| | | An Act Regarding Bail and Fines |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §1074, sub-§3, as enacted by PL 1987, c. 758, §20, is | | amended to read: |
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| | | 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: |
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| | | 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; |
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| | | 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; |
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