| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. A-1. 15 MRSA §1023, sub-§4, as enacted by PL 1987, c. 758, §20, | | is repealed and the following enacted in its place: |
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| | | 4.__Limitations on authority.__A bail commissioner may not: |
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| | | 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; |
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| | | B.__Change bail set by a court; or |
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| | | 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: |
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| | | (1)__A brief history of the alleged abuser; |
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| | | (2)__The relationship of the parties; |
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| | | (3)__The name, address, phone number and date of birth | | of the victim; and |
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| | | (4)__Existing conditions of protection from abuse | | orders, conditions of bail and conditions of probation. |
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| | | Sec. A-2. 15 MRSA §1023, sub-§7, as amended by PL 1989, c. 147, §1, is | | further amended to read: |
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| | | 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 180 days | | following appointment, unless the Chief Judge of the District | | Court determines that the bail commissioner is qualified to carry | | out the responsibilities of a bail commissioner based on | | equivalent experience or training. 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 shall | | establish a regional continuing education program for bail | | commissioners that includes regular meetings of the bail |
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