SP0361, LD 1079, item 1, An Act To Provide for Alternatives for the Courts To Address Settlement of Fines in Certain Cases

An Act To Provide for Alternatives for the Courts To Address Settlement of Fines in Certain Cases

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §1304, sub-§2-A is enacted to read:

2-A. Prehearing alternative fine disposition. Prior to initiating a motion to enforce payment of a fine pursuant to subsection 3, if the unexcused default relates to a fine imposed for a Class D or Class E crime, as authorized by this chapter, the court may offer the offender the option of performing community service work, as authorized in chapter 54-C, until all or a specified part of the fine is paid. If the offender agrees, the court shall issue an order specifying the number of hours of community service work to be performed. The offender must receive a credit against the unpaid fine of no less than $25 for every 8 hours of community service work completed, which may not exceed 100 8-hour days. An offender ordered to perform community service work pursuant to this subsection is given credit toward the payment of the fine for each 8-hour day of community service work performed at the rate specified in the court's order. The offender is also given credit toward the payment of the fine for each day that the offender is detained as a result of an arrest warrant issued pursuant to this section at a rate specified in the court's order that is up to $100 of unpaid fine per day of confinement. An offender is responsible for paying any fine remaining after receiving credit for any detention and for community service work performed. A default on the remaining fine is also governed by this section.

An offender who declines the option of performing community service work under this subsection continues to be subject to the other provisions of this section.

SUMMARY

Current law allows a court, when an offender defaults in payment of a fine imposed for a conviction of a Class D or Class E crime, to order the offender to perform community service work. The order may be issued only following a default hearing at which the offender is entitled to legal counsel.

This bill allows the court, prior to the default hearing, to offer the offender the option of performing community service work under the same terms and conditions as community service work ordered after the default hearing.

SP0361 LD 1079	Session - 126th Maine Legislature		LR 1374 Item 1
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