LD 2163
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LD 2163 Title Page An Act to Implement the Recommendations of the Commission to Study Domestic Vio... Page 2 of 2
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LR 2938
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
PART A

 
Sec. A-1. 15 MRSA §1023, sub-§4, as enacted by PL 1987, c. 758, §20,
is repealed and the following enacted in its place:

 
4.__Limitations on authority.__A bail commissioner may not:

 
A.__Set preconviction bail for a defendant confined in jail
or held under arrest by virtue of any order issued by a
court in which bail has not been authorized;

 
B.__Change bail set by a court; or

 
C.__In a case involving domestic violence, set preconviction
bail for a defendant before making a good faith effort to
obtain from the arresting officer, the district attorney, a
jail employee or other law enforcement officer:

 
(1)__A brief history of the alleged abuser;

 
(2)__The relationship of the parties;

 
(3)__The name, address, phone number and date of birth
of the victim; and

 
(4)__Existing conditions of protection from abuse
orders, conditions of bail and conditions of probation.

 
Sec. A-2. 15 MRSA §1023, sub-§7, as amended by PL 1989, c. 147, §1, is
further amended to read:

 
7. Mandatory training. As a condition of appointment and
continued service, a bail commissioner must successfully complete
a bail training program, as prescribed and scheduled by the Chief
Judge of the District Court, not later than one year 180 days
following appointment, unless the Chief Judge of the District
Court determines that the bail commissioner is qualified to carry
out the responsibilities of a bail commissioner based on
equivalent experience or training. The Maine Criminal Justice
Academy shall provide assistance to the Chief Judge of the
District Court in establishing an appropriate training program
for bail commissioners. The program shall include instruction on
the provisions of this chapter, the relevant constitutional
provisions on bail and any other matters pertinent to bail that
the Chief Judge of the District Court considers appropriate and
necessary. The Chief Judge of the District Court may shall
establish a regional continuing education program for bail
commissioners that includes regular meetings of the bail


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