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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 822S.P. 335 In Senate, March 4, 2025
An Act to End the Collection of Certain Probation Fees
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BEEBE-CENTER of Knox. Page 1 - 132LR0835(01)
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2 as amended by PL 2023, c. 136, §5, is further
3 amended to read:
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5 provided in subsection 1 and may suspend its disposition and place the juvenile on a
6 specified period of probation that is subject to such provisions of Title section 1807
7 as the court may order and that is administered pursuant to the provisions of Title
8 chapter 5, subchapter 4, except that the court may not impose the condition set out in Title
9 section 1807, subsection 6. The court may impose as a condition of probation that a
10 juvenile must reside outside the juvenile's home in a setting satisfactory to the juvenile
11 community corrections officer if the court determines that reasonable efforts have been
12 made to prevent or eliminate the need for removal of the juvenile from the juvenile's home
13 or that no reasonable efforts are necessary because of the existence of an aggravating factor
14 as defined in Title 22, section 4002, subsection and that continuation in the juvenile's
15 home would be contrary to the welfare of the juvenile. Imposition of such a condition does
16 not affect the legal custody of the juvenile.
17 Modification of probation is governed by the procedures contained in Title section
18 1804, subsections 7 and 8. Termination of probation is governed by the procedures
19 contained in Title section 1804, subsection 10. Revocation of probation is governed
20 by the procedures contained in Title sections 1809 to 1812, except that this
21 subsection governs the court's determinations concerning probable cause and continued
22 detention and those provisions of Title section 1812, subsection 6 allowing a vacating
23 of part of the suspension of execution apply only to a suspended fine under subsection 1,
24 paragraph G or a suspended period of confinement under paragraph H. A suspended
25 commitment under subsection 1, paragraph F may be modified to a disposition under
26 subsection 1, paragraph H. When a revocation of probation results in the imposition of a
27 disposition under subsection 1, paragraph F or a period of confinement under subsection 1,
28 paragraph H, the court shall determine whether reasonable efforts have been made to
29 prevent or eliminate the need for removal of the juvenile from the juvenile's home or that
30 no reasonable efforts are necessary because of the existence of an aggravating factor as
31 defined in Title 22, section 4002, subsection and whether continuation in the juvenile's
32 home would be contrary to the welfare of the juvenile. This determination does not affect
33 whether the court orders a particular disposition upon a revocation of probation. If the
34 juvenile is being detained for an alleged violation of probation, the court shall review within
35 48 hours following the detention, excluding Saturdays, Sundays and legal holidays, the
36 decision to detain the juvenile. Following that review, the court shall order the juvenile's
37 release unless the court finds that there is probable cause to believe that the juvenile has
38 violated a condition of probation and finds, by a preponderance of the evidence, that
39 continued detention is necessary to meet one of the purposes of detention under section
40 subsection 4, paragraph C. When a court orders continued detention, the court
41 shall determine whether reasonable efforts have been made to prevent or eliminate the need
42 for removal of the juvenile from the juvenile's home or that no reasonable efforts are
43 necessary because of the existence of an aggravating factor as defined in Title 22, section
44 4002, subsection and whether continuation in the juvenile's home would be contrary
45 to the welfare of the juvenile. This determination does not affect whether the court orders
46 continued detention. Page 2 - 132LR0835(01)
1 as enacted by PL 2019, c. 113, Pt. A, §2, is repealed.
2 as enacted by PL 2019, c. 113, Pt. A, §2, is repealed.
3 as enacted by PL 2019, c. 113, Pt. A, §2, is
4 repealed.
5 as enacted by PL 2019, c. 113, Pt. A, §2, is
6 repealed.
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8 This bill eliminates 2 conditions of probation under the Maine Criminal Code. The
9 conditions include general supervision fees imposed for a person's term of probation and
10 fees related to a person requesting temporary leave from a jurisdiction when a person's
11 probation requires that the person remain in the jurisdiction of the court. The bill also
12 includes a number of technical statutory amendments relating to the elimination of those
13 conditions.
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