Sec. 1. 15 MRSA §1026, sub-§3, ¶D is enacted to read:

D.__A random search condition may not be imposed except by the court upon the State's proof by a preponderance of the evidence that the condition is necessary to ensure the presence of the defendant in court or that the condition will prevent the defendant from obstructing or attempting to obstruct justice by threatening, injuring or intimidating a victim, prospective witness, juror, justice or officer of the court.__A review of the imposition of a random search condition must be de novo.

SUMMARY

This bill amends the standards for release for a crime bailable as of right preconviction by indicating that a random search condition may not be imposed except by the court upon the State's proof by a preponderance of the evidence that the condition is necessary to ensure the presence of the defendant in court.