An Act to Modify Certain Statutes Governing Revocation of Probation, Victim Confidentiality and the Commissioner of Corrections

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1450 - L.D. 2161
An Act to Modify Certain Statutes Governing Revocation of Probation,
Victim Confidentiality and the Commissioner of Corrections
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1810, sub-§2, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
2. Contents of summons; probation officer to file motion for revocation. The
summons delivered pursuant to subsection 1 must include the signature of the probation
officer; a brief statement of the alleged violation; the time and place of the alleged violation;
and the time, place and date the person is to appear in court or a statement that the court
will notify the person of the time, place and date to appear. As soon as practical after
service of the summons, the probation officer shall file with the court a motion for
revocation of probation that sets forth the facts underlying the alleged violation. The
motion must be approved by the prosecuting attorney before it is filed with the court. The
motion may be withdrawn by either the probation officer or the prosecuting attorney. If
the request to withdraw the motion is made by the probation officer, the request must state
the position of the prosecuting attorney regarding that request.
Sec. 2. 17-A MRSA §1811, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
1. Timing of motion for probation revocation. A motion for probation revocation,
which first must be approved by the prosecuting attorney, must be filed within 3 days,
excluding Saturdays, Sundays and holidays, of the arrest of a person on probation pursuant
to section 1809. The motion may be withdrawn by either the probation officer or the
prosecuting attorney. If the request to withdraw the motion is made by the probation
officer, the request must state the position of the prosecuting attorney regarding that
request.
Sec. 3. 17-A MRSA §1812, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
1. Place of hearing. The hearing on a motion to revoke probation must be held in the
court that sentenced the person to probation in either the county or division in which the
APPROVED
APRIL 13, 2026
BY GOVERNOR
CHAPTER
694
PUBLIC LAW
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person resides or is incarcerated, unless the court orders otherwise in the interests of justice.
A motion to transfer the hearing to another court may be filed by either the probation officer
or the prosecuting attorney. If the motion to transfer the hearing to another court is filed
by the probation officer, the motion must state the position of the prosecuting attorney at
the time of the motion regarding the motion and, if applicable, the prosecuting attorney
receiving the transfer. A motion for revocation of probation need not be heard by the justice
or judge who originally imposed probation, but may be heard by any justice or judge.
Sec. 4. 17-A MRSA §2109, as amended by PL 2025, c. 139, §7, is further amended
by amending the section headnote to read:
§2109. Certain communications by and information from victims confidential
Sec. 5. 17-A MRSA §2109, first ¶, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
The following communications and information are privileged from disclosure.
Sec. 6. 17-A MRSA §2109, sub-§4 is enacted to read:
4. Information obtained by Department of Corrections; community-based
programs. Information from a victim obtained by the Department of Corrections for the
purpose of evaluating a client's ability to participate in a community-based program as
described in Title 34-A, section 1216, subsection 1 is privileged from disclosure as
provided in Title 34-A, section 1216, subsection 1. For the purposes of this subsection,
"client" has the same meaning as in Title 34-A, section 1001, subsection 1-A.
Sec. 7. 34-A MRSA §1401, sub-§2, ¶B, as enacted by PL 1983, c. 459, §6, is
amended to read:
B. If the office of the commissioner is vacant or if the commissioner is absent or
disabled, the deputy commissioner or an associate commissioner shall perform the
duties and have the powers provided by law for the commissioner.