‘An Act To Adopt the Use of Standardized Risk Assessment in the Management of Domestic Violence Crimes’
| HP1263 LD 1711 |
Second Regular Session - 125th Maine Legislature C "A", Filing Number H-890, Sponsored by
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LR 2644 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Adopt the Use of Standardized Risk Assessment in the Management of Domestic Violence Crimes’
Amend the bill in section 1 in paragraph C by striking out all of subparagraph (5) (page 1, lines 12 to 15 in L.D.) and inserting the following:
(5) Beginning no later than January 1, 2015, the results of a validated, evidence-based domestic violence risk assessment recommended by the Maine Commission on Domestic and Sexual Abuse, established in Title 5, section 12004-I, subsection 74-C, and approved by the Department of Public Safety conducted on the alleged abuser when the results are available;
Amend the bill in section 2 in paragraph C in subparagraph (9-A) in the last line (page 1, line 35 in L.D.) by inserting after the following: " 74-C" the following: ' , and approved by the Department of Public Safety'
Amend the bill in section 3 in subsection 6 by striking out all of the last blocked paragraph (page 2, lines 22 to 28 in L.D.) and inserting the following:
‘ Beginning no later than January 1, 2015, in addition to the actions specified in this subsection, the law enforcement officer shall make a good faith effort to administer a validated, evidence-based domestic violence risk assessment recommended by the Maine Commission on Domestic and Sexual Abuse, established in Title 5, section 12004-I, subsection 74-C, and approved by the Department of Public Safety. The law enforcement officer administering this assessment shall provide the results of the assessment to the bail commissioner, if appropriate, and the district attorney for the county in which the abuse took place.’
Amend the bill in section 4 in paragraph D by striking out all of subparagraph (5) (page 3, lines 6 to 11 in L.D.) and inserting the following:
(5) A process for the administration of a validated, evidence-based domestic violence risk assessment recommended by the Maine Commission on Domestic and Sexual Abuse, established in Title 5, section 12004-I, subsection 74-C, and approved by the Department of Public Safety and the conveyance of the results of that assessment to the bail commissioner, if appropriate, and the district attorney for the county in which the domestic violence occurred.
Amend the bill by striking out all of section 7 and inserting the following:
‘Sec. 7. 34-A MRSA §5404, sub-§3, ¶E, as amended by PL 2005, c. 389, §6, is further amended to read:
Sec. 8. 34-A MRSA §5404, sub-§3-A is enacted to read:
Notwithstanding any other law to the contrary, the administration of the domestic violence risk assessment pursuant to this subsection or the failure to administer the assessment does not subject any state, municipal or county official or employee to liability in a civil action; and’
summary
This amendment does the following:
1. It changes from January 1, 2014 to January 1, 2015 the date for implementation by law enforcement officers of the validated, evidence-based domestic violence risk assessment in cases of domestic violence;
2. It requires the Department of Public Safety to approve a domestic violence risk assessment recommended by the Maine Commission on Domestic and Sexual Abuse before it can be used;
3. It removes the provision in the bill that requires the domestic violence risk assessment to be administered to county and state correctional facility inmates;
4. It requires a probation and parole or intensive supervision program officer to make a good faith effort to supplement any other assessment tool for domestic violence offenders with the domestic violence risk assessment and to implement protocols to override risk assessment scores based on the presence of higher risk factors; and
5. It provides state, municipal and county officials and employees with immunity from civil liability for implementing or failing to implement the risk assessment.