An Act To Increase Safety for Victims of Domestic Violence
Sec. 1. 5 MRSA §90-B, sub-§§4 to 6, as enacted by PL 2001, c. 539, §1, are amended to read:
Sec. 2. 15 MRSA §1094-B is enacted to read:
§ 1094-B. Improper contact prior to the setting of bail
A person is guilty of improper contact prior to the setting of bail if, while being detained as a result of the person's arrest for an offense specified in section 1023, subsection 4, paragraph B-1 and prior to the setting of preconviction bail by a justice or judge, the person intentionally or knowingly makes direct or indirect contact with the victim of the alleged crime. Violation of this section is a Class D crime.
Sec. 3. 16 MRSA §53-B, sub-§1, ¶A, as enacted by PL 1995, c. 128, §1, is amended to read:
(1) Has undergone at least 30 hours of training; and
(2) As a primary function with the program gives advice to, counsels or assists victims, supervises employees or volunteers who perform that function or administers the program.
Sec. 4. 16 MRSA §53-B, sub-§1, ¶A-2 is enacted to read:
Sec. 5. 16 MRSA §53-B, sub-§1, ¶A-3 is enacted to read:
Sec. 6. 16 MRSA §53-B, sub-§1-A is enacted to read:
summary
Current law limits the ability of bail commissioners to set preconviction bail in cases involving domestic violence; as a result, the period of time between the arrest and the setting of bail by a judge or justice for alleged perpetrators of domestic violence may be greater than it is with other crimes. In order to increase the safety of victims of domestic violence during the period between arrest and the setting of bail, this bill provides that a person is guilty of improper contact prior to the establishment of bail if, while being detained as a result of the person's arrest for specified domestic violence offenses and prior to the establishment of preconviction bail, the person intentionally or knowingly makes direct or indirect contact with the victim of the alleged crime.
Current law also requires that law enforcement officers use and be trained in how to administer an evidence-based domestic violence risk assessment. In order to increase the ability of Maine criminal justice agencies to use information gathered in the course of the risk assessment to keep victims and families safe, this bill permits those agencies to share confidential criminal history record information with advocates for the purpose of planning for the safety of a victim of domestic violence. This bill also expands the definition of "advocate" to include an employee or volunteer of a Maine tribal program. Under this bill, an advocate who receives confidential criminal history record information must use the information solely for the purpose of planning for the safety of a victim of domestic violence and is prohibited from further disseminating the information.
This bill also clarifies that once a person is certified as a participant in the Address Confidentiality Program that person's actual residential street, school or work address or United States Postal Service address may not be used or disclosed by any state or local agency or the courts unless such use or disclosure is approved by the Secretary of State under the circumstances set forth in the program.