An Act To Increase the Amount of Funds Available to Counties for Witness Fees, Extradition Expenses and Prosecution Costs
Sec. 1. 14 MRSA §3144, as enacted by PL 1987, c. 414, §2, is amended to read:
§ 3144. Criminal failure to appear; cost of extradition
It is the intent of the Legislature that, when appropriate, the respective district attorney shall utilize Title 17-A, section 17, subsection 4 , and prosecute defendants who fail to appear. Any costs of extradition of a defendant who has been charged with the offense of failure to appear shall must be assessed against the defendant and shall be reimbursed to the extradition account Extradition and Prosecution Expenses Account in the appropriate prosecutorial district , established pursuant to section 224-A.
Sec. 2. 15 MRSA §224, sub-§1, as amended by PL 1983, c. 843, §9, is further amended to read:
Sec. 3. 15 MRSA §224-A, as amended by PL 2007, c. 31, §1 and PL 2013, c. 16, §10, is further amended to read:
§ 224-A. Extradition and Prosecution Expenses Account
If the auditor finds in the course of his the audit evidence of improper transactions, incompetency in keeping accounts or handling funds, failure to comply with this section or any other improper practice of financial administration, he the auditor shall report the same that finding to the Attorney General immediately.
Sec. 4. 15 MRSA §1319, as enacted by PL 1975, c. 775, §1, is amended to read:
§ 1319. Authorization of payments by a prosecuting attorney
For purposes of this chapter, where when a prosecuting attorney is permitted to authorize payment of fees or expenses incurred on behalf of the State in a criminal prosecution, payment of those fees and expenses shall must be made by the proper authorities to the persons, municipalities or agencies to whom the payment is authorized upon certification to those authorities by the prosecuting attorney or his the prosecuting attorney's designee that the payment is reasonable and necessary to the prosecution of a given criminal case. Payment may be made from the Extradition and Prosecution Expenses Account established in section 224-A.
Sec. 5. 15 MRSA §1320, sub-§1, as amended by PL 1977, c. 63, is further amended to read:
summary
Current law requires forfeited bail to be paid into an account maintained by each prosecutorial district for the purpose of paying expenses related to the extradition of fugitives from justice. The maximum amount that may be retained in that account is $20,000.
This bill increases the amount that may be retained in that account to $40,000 and expands the uses of the funds in the account to allow it to be used to pay for fees or expenses, including witness fees, incurred by the district attorney in a criminal prosecution.