An Act to Authorize a Court to Conditionally Discharge Certain Criminal Defendants

Printed on recycled paper
132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 449
H.P. 303 House of Representatives, February 4, 2025
An Act to Authorize a Court to Conditionally Discharge Certain
Criminal Defendants
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SINCLAIR of Bath.

Page 1 - 132LR0585(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 12 MRSA §10902, sub-§1, as amended by PL 2023, c. 265, §1, is further
3 amended to read:
41. Conviction or adjudication of violation. Any conviction, adjudication, deferred
5 disposition pursuant to Title 17‑A, section 1902, subsection 1, conditional discharge
6 pursuant to Title 17-A, section 122, subsection 1 or written filing agreement with the State
7 pursuant to the Maine Rules of Unified Criminal Procedure, Rule 11B for a violation of
8 this Part is grounds for suspension of any license or permit issued under this Part. Except
9 when provided by law, the commissioner shall determine the suspension period. To
10 suspend a license or permit based upon a conviction or adjudication, the commissioner
11 shall follow the procedures under section 10903. A suspension or revocation of a license
12 by the District Court is subject to the provisions of subsection 5.
13Sec. 2. 12 MRSA §10902, sub-§2, as amended by PL 2023, c. 265, §2, is further
14 amended to read:
152. Refusal to issue license or permit. If a person is convicted, is adjudicated, enters
16 into a deferred disposition pursuant to Title 17‑A, section 1902, subsection 1, is subject to
17 an order of conditional discharge pursuant to Title 17-A, section 122, subsection 1 or enters
18 into a written filing agreement with the State pursuant to the Maine Rules of Unified
19 Criminal Procedure, Rule 11B in violation of any provision of this Part and is not the holder
20 of a valid license or permit issued under this Part, the commissioner may refuse to issue a
21 related license or permit to that person for up to 5 years following the date of conviction or
22 adjudication, except when the killing or wounding of a human being has occurred, in which
23 case the commissioner may refuse to issue the license or permit for a period of not less than
24 5 years.
25Sec. 3. 16 MRSA §703, sub-§5, as enacted by PL 2013, c. 267, Pt. A, §2, is
26 amended to read:
275. Disposition. "Disposition" means information of record disclosing that a criminal
28 proceeding has been concluded, although not necessarily finalized, and the specific nature
29 of the concluding event. "Disposition" includes, but is not limited to: an acquittal; a
30 dismissal, with or without prejudice; the filing of a charge by agreement of the parties or
31 by a court; an order of conditional discharge; the determination that a defendant is currently
32 a fugitive from justice; a conviction, including the acceptance by a court of a plea of guilty
33 or nolo contendere; a deferred disposition; a proceeding indefinitely continued or dismissed
34 due to a defendant's incompetence; a finding of not criminally responsible by reason of
35 insanity or its equivalent; a mistrial, with or without prejudice; a new trial ordered; an arrest
36 of judgment; a sentence imposition; a resentencing ordered; an execution of and completion
37 of any sentence alternatives imposed, including but not limited to fines, restitution,
38 correctional custody and supervision, and administrative release; a release or discharge
39 from a commitment based upon a finding of not criminally responsible by reason of insanity
40 or its equivalent; the death of the defendant; any related pretrial and post-trial appeals,
41 collateral attacks and petitions; a pardon, commutation, reprieve or amnesty; and
42 extradition. "Disposition" also includes information of record disclosing that the
43 responsible law enforcement agency or officer has elected not to refer a matter to a
44 prosecutor, that the responsible prosecutorial office or prosecutor has elected not to initiate
Page 2 - 132LR0585(01)
45 or approve criminal proceedings or that a grand jury has determined that there is insufficient
46 evidence to warrant the return of a formal charge.
3Sec. 4. 17-A MRSA c. 6 is enacted to read:
4CHAPTER 6
5CONDITIONAL DISCHARGE
6§121. Eligibility for conditional discharge
7 A defendant is eligible for a conditional discharge if the defendant consents to a
8 conditional discharge in writing; is charged with one or more Class C, Class D or Class E
9 crimes or Class B crimes under chapter 45; is not also currently charged with murder, a
10 Class A crime or a Class B crime other than a Class B crime under chapter 45; has not
11 previously been convicted of murder or a Class A, Class B or Class C crime; and has not
12 previously been subject to a conditional discharge.
13§122. Conditional discharge
141. Authority of court to order conditional discharge. The court may, without
15 accepting a plea, order that all pending criminal proceedings for a defendant who is eligible
16 for a conditional discharge under section 121 be suspended for a specific period of time,
17 not to exceed 6 months, and impose conditions on the defendant to be in effect during the
18 period of suspension. A conditional discharge may be ordered over the objection of the
19 attorney for the State.
202. Conditions of conditional discharge. If a court enters an order of conditional
21 discharge under subsection 1, the court shall attach conditions of conditional discharge,
22 including, without exception, a condition that the defendant refrain from criminal conduct.
23 The court may also impose any of the following additional conditions that the court
24 considers to be reasonable and appropriate to assist the defendant in leading a law-abiding
25 life:
26 A. Any condition that could be imposed as a condition of probation under section 1807,
27 subsection 2 other than a condition under section 1807, subsection 2, paragraphs H, J
28 or K. If the court imposes a condition that the defendant participate in an electronic
29 monitoring program under section 1807, subsection 2, paragraph M, the court shall
30 impose as an additional condition that the defendant pay an electronic monitoring fee
31 to the appropriate person. If the court imposes a condition of psychiatric outpatient or
32 inpatient treatment or mental health counseling, the provisions of section 1807,
33 subsection 5 apply;
34 B. A condition that the defendant remain in the custody of a designated individual or
35 organization agreeing to supervise the defendant and that the defendant report as
36 directed to the designated individual or organization, answer all reasonable inquiries
37 from the designated individual or organization, permit the designated individual or a
38 member of the designated organization to visit at reasonable times the defendant's
39 home or other designated location and notify the designated individual or organization
40 of any change in the defendant's address or employment. When it is feasible to do so,
41 the court may interview an individual or a member of an organization prior to imposing
1
2
Page 3 - 132LR0585(01)
42 a condition under this paragraph to ensure that the individual or organization is willing
43 and able to ensure that the defendant refrain from any new criminal conduct and adhere
44 to the other conditions imposed under this subsection. The court may not designate a
45 probation officer to supervise the defendant under this paragraph unless no other
46 suitable individual or organization is available. The designated individual or
47 organization shall agree to immediately notify the court of any violation by the
48 defendant of any condition imposed under this subsection;
8 C. If the court imposes a condition under paragraph B, a condition that the defendant
9 pay an administrative supervision fee of between $10 and $50 per month to the
10 designated individual or organization or, if the designated individual is a probation
11 officer, to the Department of Corrections. In determining whether to set an amount
12 higher than $10 per month, the court shall take into account the financial resources of
13 the defendant and the nature of the burden its payment imposes; and
14 D. If the court imposes a condition under paragraph B, a condition that the defendant
15 remain within the jurisdiction of the court, unless permission to leave the jurisdiction
16 of the court temporarily is granted in writing by the designated individual or
17 organization. If a condition is imposed under this paragraph, the designated individual
18 or organization, or if the designated individual is a probation officer, the Department
19 of Corrections, may impose an application fee of up to $25 on a defendant applying for
20 such permission and an additional fee of up to $25 per month if permission is sought
21 and granted to leave the jurisdiction of the court on a periodic basis. Permission to
22 leave the jurisdiction of the court may not be denied or withdrawn solely because the
23 defendant is not able to pay the application fee or the additional fee. When a defendant
24 fails to pay a fee imposed under this paragraph, the designated individual or
25 organization may refuse to process the application or may withdraw permission to
26 leave the jurisdiction of the court if the failure to pay is attributable to the defendant's
27 willful refusal to pay or to a failure on the defendant's part to make a good faith effort
28 to obtain funds required for the payment.
293. Modification of conditions. During the period of time that a defendant is subject
30 to an order of conditional discharge under subsection 1, upon application of the defendant,
31 any individual or organization designated by the court under subsection 2, paragraph B or,
32 upon the court's own motion, the court may, after a hearing upon notice to the attorney for
33 the State and the defendant, modify the conditions imposed by the court under subsection
34 2. In response to the motion, the court may add further conditions or relieve the defendant
35 of any condition that, in the court's opinion, imposes an unreasonable burden on the
36 defendant, except that the court may not relieve the defendant of the condition that the
37 defendant refrain from criminal conduct.
384. Preconviction bail. Preconviction bail provisions under Title 15, chapter 105-A
39 apply to a defendant subject to an order of conditional discharge.
405. Other rights unaffected. A defendant's written consent to a conditional discharge
41 may not be construed as a waiver of the defendant's rights under any other law.
42§123. Final disposition
431. Dismissal with prejudice. Except as provided in subsection 2, at the conclusion of
44 the period of time specified in the order of conditional discharge under section 122,
45 subsection 1, or at the conclusion of any extended time period ordered under section 124,
1
2
3
4
5
6
7
Page 4 - 132LR0585(01)
46 subsection 2, the court shall enter an order dismissing with prejudice all pending criminal
47 charges that are the subject of the order of conditional discharge.
32. Exception; pending motion to terminate. If, at the time specified in subsection 1,
4 there is a pending motion under section 124, subsection 1 to terminate the order of
5 conditional discharge, the court may not enter an order under subsection 1 unless the court
6 enters an order denying that pending motion.
7§124. Violation of condition
81. Motion to terminate. If, during the period that a defendant is subject to an order of
9 conditional discharge under section 122, the attorney for the State has probable cause to
10 believe that the defendant has violated a court-imposed condition of conditional discharge,
11 the attorney for the State may file a motion with the court to terminate the order of
12 conditional discharge.
132. Hearing; disposition. Following notice to the defendant and hearing, if the attorney
14 for the State proves by a preponderance of the evidence that the defendant has inexcusably
15 failed to comply with a court-imposed condition of conditional discharge, the court may:
16 A. Revoke the order of conditional discharge and order that the suspended criminal
17 proceedings are no longer suspended; or
18 B. Modify the order of conditional discharge in one or both of the following ways:
19 (1) Adding further conditions of conditional discharge authorized by section 122,
20 subsection 2; and
21 (2) Extending, for a period not to exceed 6 months, the period of time during which
22 all pending criminal proceedings for the defendant are suspended and the defendant
23 is subject to the order of conditional discharge.
243. Exception; failure to pay fee. Notwithstanding subsection 2, if the attorney for the
25 State proves by a preponderance of the evidence that the defendant has violated one or
26 more conditions of conditional discharge and the only conditions violated involve the
27 payment of fees, the court may not revoke the order of conditional discharge if the
28 defendant shows that failure to pay the fees was not attributable to the defendant's willful
29 refusal to pay or to a failure on the defendant's part to make a good faith effort to obtain
30 funds required for the payment.
314. Violation not a crime. A defendant who violates a condition of conditional
32 discharge may not be charged with a crime unless the conduct constitutes a crime under
33 another provision of law.
345. Place of hearing. A hearing under this section or section 122, subsection 3 must be
35 held in the court that ordered the conditional discharge. The hearing need not be conducted
36 by the justice or judge who originally ordered the conditional discharge.
376. Rights of defendant at hearing. At a hearing under this section or section 122,
38 subsection 3, the defendant must be given the opportunity to confront and cross-examine
39 witnesses against the defendant, to present evidence on the defendant's own behalf and to
40 be represented by counsel. If the defendant cannot afford counsel, the court shall appoint
41 counsel for the defendant. Assignment of counsel and withdrawal of counsel must be in
42 accordance with the Maine Rules of Unified Criminal Procedure.
1
2
Page 5 - 132LR0585(01)
1Sec. 5. 17-A MRSA §1111-B, sub-§3, as enacted by PL 2021, c. 724, §1, is
2 amended to read:
33. Immunity from revocation or termination proceedings. Except when the charge
4 or conviction is for an excluded crime, a protected person is immune from revocation
5 proceedings with regard to conditions of release as described in Title 15, chapter 105‑A,
6 subchapter 5; probation as described in chapter 67, subchapter 1; administrative release as
7 described in chapter 67, subchapter 2; or supervised community confinement as described
8 in Title 34‑A, section 3036‑A and is immune from termination proceedings for deferred
9 disposition violations as described in chapter 67, subchapter 4, termination proceedings for
10 conditional discharge violations as described in section 124 or termination from community
11 confinement monitoring as described in Title 30‑A, section 1659‑A, if:
12 A. The grounds for the revocation or termination proceeding against the protected
13 person are obtained as a result of a medical professional's or law enforcement officer's
14 responding to a request for medical assistance; or
15 B. The identity of the protected person is learned or the protected person is identified
16 as a person subject to a revocation or termination proceeding as a result of a medical
17 professional's or law enforcement officer's responding to a request for medical
18 assistance.
19SUMMARY
20 This bill authorizes a court to enter an order of conditional discharge suspending all of
21 a defendant's pending criminal proceedings for a period of up to 6 months, during which
22 time the defendant must refrain from engaging in criminal conduct and must abide by
23 certain conditions, similar to conditions of probation, that the court considers to be
24 reasonable and appropriate to assist the defendant in leading a law-abiding life. A defendant
25 is eligible for a conditional discharge if the defendant has not previously been convicted of
26 murder or a Class A, Class B or Class C crime; is currently charged with only one or more
27 Class B drug crimes or Class C, Class D or Class E crimes; has not previously been subject
28 to a conditional discharge; and consents in writing to the conditional discharge. At the end
29 of the conditional discharge, the court is required to enter an order dismissing with
30 prejudice all of the pending criminal charges that were the subject of the order of
31 conditional discharge.
32 During the period of conditional discharge, the defendant, the attorney for the State or
33 an individual or organization designated by the court to supervise the defendant during the
34 period of conditional discharge may file a motion to modify the conditions of discharge.
35 In addition, if the attorney for the State proves by a preponderance of the evidence that the
36 defendant has inexcusably failed to comply with a court-imposed condition of the
37 conditional discharge, the court may add further conditions of conditional discharge; may
38 extend the period of conditional discharge for a period of no more than 6 months; or may
39 terminate the conditional discharge and order that all suspended criminal proceedings are
40 no longer suspended. A defendant who violates a condition of conditional discharge may
41 not be charged with a crime unless the conduct constitutes a crime under another provision
42 of law.
43 The bill also amends the so-called Good Samaritan law to provide that a defendant is
44 immune from proceedings to terminate a conditional discharge if the grounds for the
20
21
22
23
24
25
26
27
28
29
30
31
Page 6 - 132LR0585(01)
45 termination motion are obtained as a result of a medical professional's or law enforcement
46 officer's responding to a request for medical assistance for a suspected drug-related
47 overdose or if the identity of the defendant is learned or the defendant is identified as a
48 person subject to termination of a conditional discharge as a result of a medical
49 professional's or law enforcement officer's responding to a request for medical assistance
50 for a suspected drug-related overdose.
7 Finally, the bill provides that the Commissioner of Inland Fisheries and Wildlife may
8 suspend any of a defendant's fish or wildlife licenses or permits or may refuse to issue a
9 related fish or wildlife license or permit to a defendant based on the entry of an order of
10 conditional discharge against the defendant charged with violating any provision of the
11 Maine Revised Statutes, Title 12, Part 13. Under current law, the commissioner may
12 suspend any fish or wildlife license or permit or refuse to issue a related fish or wildlife
13 license or permit based on a defendant's conviction, adjudication, deferred disposition or
14 written filing agreement with the State related to a violation of any provision of Title 12,
15 Part 13.
1
2
3
4
5
6