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129th MAINE LEGISLATURE |
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LD 18 |
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LR 129(04) |
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An Act To Ensure
Proper Prosecution of Crimes Involving Domestic Violence and Enhance
Protection of Victims of Domestic Violence |
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Fiscal Note for
Bill as Engrossed with:
C "A" (H-175) |
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Committee: Criminal Justice and Public Safety |
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Fiscal Note |
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Current biennium cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds |
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Correctional
and Judicial Impact Statements |
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The bill
establishes new Class A and B crimes regarding domestic violence aggravated
assault. These new crimes are variants of existing aggravated assault crimes
which have the same class and no additional costs are anticipated from these
provisions. |
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The bill also
adds these newly created domestic violence aggravated assault crimes to the
predicates that may elevate a Class D crime of domestic violence to a Class C
crime. The Maine Commission on Indigent Legal Services has indicated that
this could increase costs to the commission by minor amounts in future
biennia. The elevation of a Class D crime to a Class C will increase costs to
the Department of Corrections (DOC) since Class D sentences are served in
county jails and Class C are longer and are served in state facilities. Each
conviction elevated to a Class C costs DOC $44,106 for a one year sentence. |
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Also, the bill
establishes a new Class C crime for a person who violates a protection from
abuse order for the third time. In fiscal year 2017-18 there were 797 charges
for violations of protective orders brought in 720 cases, indicating that
some cases include more than one violation. Again, each Class C conviction
costs DOC $44,106 for a one year sentence. |
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The additional
workload associated with the minimal number of new cases filed does not
require additional funding at this time for the courts. The collection of
additional fine revenue will increase General Fund and dedicated revenue by
minor amounts. |
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