(2) Maintain employment or, if unemployed, actively seek employment;

(3) Maintain or commence an educational program;

(4) Abide by specified restrictions on personal associations, place of abode or travel;

(5) Avoid all contact with a victim of the alleged crime, a potential witness regarding the alleged crime or with any other family or household members of the victim or the defendant or to contact those individuals only at certain times or under certain conditions;

(6) Report on a regular basis to a designated law enforcement agency or other governmental agency;

(7) Comply with a specified curfew;

(8) Refrain from possessing a firearm or other dangerous weapon;

(9) Refrain from use or excessive use of alcohol and from any use of drugs;

(10) Undergo, as an outpatient, available medical or psychiatric treatment, or enter and remain, as a voluntary patient, in a specified institution when required for that purpose;

(11) Execute an agreement to forfeit, upon failing to appear as required, such designated property, including money, as is reasonably necessary to ensure the appearance of the defendant as required and, to ensure the integrity of the judicial process, to reasonably prevent new criminal conduct by the defendant and to post with an appropriate court such evidence of ownership of the property or such percentage of the money as the judicial officer specifies;

(12) Execute a bail bond with sureties in such amount as is reasonably necessary to ensure the appearance of the defendant as required and, to ensure the integrity

of the judicial process and to reasonably prevent new criminal conduct by the defendant;

(13) Return to custody for specified hours following release for employment, schooling or other limited purposes;

(14) Report on a regular basis to the defendant's attorney;

(15) Notify the court of any changes of address or employment;

(16) Provide to the court the name, address and telephone number of a designated person or organization that will know the defendant's whereabouts at all times;

(17) Inform any law enforcement officer of the defendant's condition of release if the defendant is subsequently arrested or summoned for new criminal conduct; and

(18) Satisfy any other condition that is reasonably necessary to ensure the appearance of the defendant as required and, to otherwise reasonably ensure the integrity of the judicial process and to reasonably prevent new criminal conduct by the defendant.

B. The judicial officer may not impose a financial condition that, either alone or in combination with other conditions of bail, is in excess of that reasonably necessary to ensure the appearance of the defendant as required or, to otherwise ensure the integrity of the judicial process or to reasonably prevent new criminal conduct by the defendant.

C. Upon motion by the attorney for the State or the defendant and after notice and upon a showing of changed circumstances or upon the discovery of new and significant information, the court may amend the bail order to relieve the defendant of any condition of release, modify the conditions imposed or impose further conditions authorized by this subsection as the court determines will reasonably ensure the appearance of the defendant as required and, will otherwise reasonably ensure the integrity of the judicial process and will reasonably prevent new criminal conduct by the defendant.

SUMMARY

This bill changes the bail law by requiring a bail commissioner or a court to consider the possibility of commission of new criminal conduct while on bail in deciding whether to release a defendant on personal recognizance or unsecured bail. Current law allows the judicial officer to only consider the possibility of a failure to appear or harm to a narrow list of persons; therefore, defendants with significant criminal history, including repeated criminal violations of past bail orders, are eligible for release on personal recognizance or unsecured bail without conditions, unless there is a demonstrated risk of nonappearance. The bill requires the judicial officer to consider the defendant's history in making the initial decision to release the defendant on personal recognizance or unsecured bail. The defendant whose history demonstrates a likelihood of new criminal conduct while on bail generally will be required to be released only with conditions set under the Maine Revised Statutes, Title 15, section 1026, subsection 3.