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An Act To Amend the Maine Bail Code Regarding the Financial Capacity of a Defendant To Post Bond
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §1026, sub-§8  is enacted to read:
 
8.  Financial capacity of defendant.     A defendant who the court determines is not dangerous, is not a flight risk in the absence of bond and is otherwise eligible for bail may not be detained solely because of financial inability to post a money or property bond and may file a motion with the court requesting relief from the requirement to post a money or property bond. The court shall determine the financial capacity of the defendant and rule on the motion in an expedited manner.
 
SUMMARY
This bill amends the Maine Bail Code to provide that a defendant who is not dangerous, is not a flight risk in the absence of bond and is otherwise eligible for bail may not be detained solely due to financial inability to post a money or property bond and may file a motion with the court requesting relief from the requirement to post a money or property bond. This bill requires the court to determine the financial capacity of the defendant and rule on the motion in an expedited manner.