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Page 1 - 132LR1251(03)
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 352 - L.D. 533
An Act to Allow Residents of the Department of Corrections to Opt In to
Additional Restitution for Their Victims
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §3360-I, first ¶, as amended by PL 2023, c. 316, §1 and c. 412,
Pt. GG, §1, is further amended to read:
As part of the sentence or fine imposed, the court shall impose an assessment of $70
on any person convicted of murder, a Class A crime, a Class B crime or a Class C crime
and $40 on any person convicted of a Class D crime or a Class E crime, except that the
court shall impose an assessment of $2,000 on any person convicted of aggravated sex
trafficking as described in Title 17‑A, section 852, an assessment of $1,000 on any person
convicted of sex trafficking as described in Title 17‑A, section 853, an assessment of
$1,000 on any person for the first conviction and $2,000 for each subsequent conviction of
engaging a person for prostitution as described in Title 17‑A, section 853‑B and an
assessment of $1,000 on any person for the first conviction and $2,000 for each subsequent
conviction of commercial sexual exploitation of a minor or commercial sexual exploitation
of a person with a mental disability as described in Title 17‑A, section 855.
Notwithstanding any other provision of law to the contrary, the court may not waive the
imposition of the assessment required by this section. For purposes of collection and
collection procedures, this assessment is considered part of the fine. At the time of
commitment, the court shall inform the Department of Corrections or the county sheriff of
any unpaid balances on assessments owed by the offender to the Victims' Compensation
Fund. All funds collected as a result of these assessments or transferred in accordance with
Title 34-A, section 1214-C, subsection 5 accrue to the Victims' Compensation Fund.
Sec. 2. 34-A MRSA §1214-C is enacted to read:
§1214-C. Victims' Reparative Account
The Victims' Reparative Account, referred to in this section as "the account," is
established within the department for the purpose of providing a mechanism for offenders
to voluntarily make reparations to the victims of their crimes.
LAW WITHOUT
GOVERNOR'S
SIGNATURE
JANUARY 11, 2026
CHAPTER
528
PUBLIC LAW
Page 2 - 132LR1251(03)
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Offender" has the same meaning as in Title 17-A, section 2002, subsection 5; and
B. "Victim" includes an authorized claimant for restitution described in Title 17-A,
section 2004, subsection 1 or 4.
2. Administration. The Victim Services Coordinator under section 1214 shall
administer the account. Except as otherwise provided in this section, all administrative
costs of the account must be absorbed by the department.
3. Funding. Money donated by an offender seeking to make reparations to the
offender's victims must be deposited into the account and designated to the victim for
whose benefit the offender wishes to deposit the money. Money may not be donated to the
account by an offender if the donation would affect the offender's ability to pay any
court-ordered restitution to all victims of the offender's crimes. Once deposited in the
account, an offender may not reclaim the money.
4. Use. The Victim Services Coordinator shall ensure that reasonable efforts are made
to locate and notify the victim for whose benefit an offender has deposited money into the
account. If a victim opts to claim the money deposited for that victim's benefit, a victim
may use the money claimed under this section for any purpose.
5. Final disposition. If, within 5 years of deposit from an offender, money has not
been claimed by the victim for whose benefit the offender has deposited the money, the
department may deduct an amount necessary to defray administrative costs of the account
and shall transfer the remaining money in the account designated for that victim to the
Victims' Compensation Fund established by Title 5, section 3360-H.
6. Confidentiality. All records of deposits or claims in the account and the use of the
money deposited in accordance with subsections 3 and 4 are confidential and may not be
disclosed except by the victim. The records may also be disclosed to employees of the
department as necessary for those employees in the performance of any official duty.
7. Participation voluntary. The deposit of money in the account by an offender is
voluntary. An adverse action may not be threatened or taken against an offender for not
depositing funds in the account. An offender may not be offered or given any incentive for
participating in the deposit of money in the account and the decision of an offender whether
to deposit funds into the account may not be used as either a mitigating or aggravating
factor in any decision made by the department. An offender may not disclose the offender's
donation of money to the account for any purpose, including to influence a clemency
petition. If an offender violates this subsection, the chief administrative officer of the
correctional facility shall prohibit the offender from donating to the account.
Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made.
CORRECTIONS, DEPARTMENT OF
Office of Victim Services 0046
Initiative: Establishes the Victims' Reparative Account with a base Other Special Revenue
Funds allocation of $500.
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OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $500 $500
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OTHER SPECIAL REVENUE FUNDS TOTAL $500 $500