15 §1023. Bail commissioners
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)
Chapter 105-A: MAINE BAIL CODE HEADING: PL 1987, C. 758, §20 (NEW)
Subchapter 2: PRECONVICTION BAIL HEADING: PL 1987, C. 758, §20 (NEW)
§1023. Bail commissioners
1. Authority. A bail commissioner, appointed under this section, shall set preconviction bail for a defendant in a criminal proceeding in accordance with this chapter, provided that a bail commissioner may not set preconviction bail for a defendant:
A. Who is charged with murder; [1987, c. 758, §20 (NEW).]
B. If the attorney for the State requests a Harnish bail proceeding for a defendant charged with any other formerly capital offense; or [1987, c. 758, §20 (NEW).]
C. As otherwise provided in subsection 4. [1987, c. 758, §20 (NEW).]
[ 1987, c. 758, §20 (NEW) .]
2. Appointment. The Chief Judge of the District Court may appoint one or more residents of the State as bail commissioners. A bail commissioner serves at the pleasure of the Chief Judge of the District Court, but no term for which a bail commissioner is appointed may exceed 5 years. The Chief Judge of the District Court shall require bail commissioners to complete the necessary training requirements set out in this section. Bail commissioners have the powers of notaries public to administer oaths or affirmations in carrying out their duties.
[ 1995, c. 356, §3 (AMD) .]
3. Immunity from liability. A person appointed and serving as a bail commissioner is immune from any civil liability, as are employees of governmental entities under the Maine Tort Claims Act, Title 14, chapter 741 for acts performed within the scope of the bail commissioner's duties.
[ 1989, c. 617, §3 (AMD) .]
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; [2001, c. 686, Pt. A, §1 (NEW).]
B. Change bail set by a court; or [2001, c. 686, Pt. A, §1 (NEW).]
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. [2001, c. 686, Pt. A, §1 (NEW).]
[ 2001, c. 686, Pt. A, §1 (RPR) .]
5. Fees. A bail commissioner is entitled to receive a fee not to exceed $60 for the charges pursuant to which the defendant is presently in custody. The bail commissioner shall submit such forms as the Judicial Department directs to verify the amount of fees received under this subsection. The sheriff of the county in which the defendant is detained may create a fund for the distribution by the sheriff or the sheriff's designee for the payment in whole or in part of the $60 bail commissioner fee for those defendants who do not have the financial ability to pay that fee.
[ 2009, c. 23, §1 (AMD) .]
6. Attorneys-at-law. No attorney-at-law who has acted as bail commissioner in any proceeding may act as attorney for or on behalf of any defendant for whom that attorney-at-law has taken bail in any such proceeding, nor may any attorney-at-law who has acted as attorney for a defendant in any offense act as bail commissioner in any proceeding arising out of the offense with which the defendant is charged.
[ 1987, c. 758, §20 (NEW) .]
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 following appointment. 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 establish a continuing education program for bail commissioners.
[ 1989, c. 147, §1 (AMD) .]
SECTION HISTORY
1987, c. 758, §20 (NEW). 1987, c. 870, §3 (AMD). 1989, c. 147, §1 (AMD). 1989, c. 185, (AMD). 1989, c. 617, §3 (AMD). 1993, c. 675, §B12 (AMD). 1995, c. 356, §3 (AMD). 1999, c. 15, §1 (AMD). 2001, c. 686, §A1 (AMD). 2009, c. 23, §1 (AMD).