Criminal Justice

LD 1536 reverses the 2021 bail code changes by requiring that defendants in custody who cannot pay a $60 bail commissioner fee must be released on personal recognizance or unsecured bond. County sheriffs may establish a fund to cover this fee for indigent defendants, ensuring financial inability does not block release. The bill also modifies the factors judges consider when setting bail, adding domestic violence risk assessment results while removing prior provisions like probation status checks.

LD 1288 amends Maine's drug laws by adjusting possession thresholds for heroin, fentanyl, and cocaine. It defines "trafficking" to include possessing 2 grams or more of heroin/fentanyl powder or 90+ bags/containers, and "furnishing" to include possessing 200mg-2g of these drugs. The bill also sets new thresholds for cocaine base (32g for aggravated trafficking) and removes provisions allowing courts to infer drug trafficking from possession of certain quantities. These changes directly affect individuals possessing specified amounts of these drugs, altering the criminal classifications for such offenses. The bill removes prior provisions about permissible inferences under Maine's evidence rules for heroin and fentanyl.

LD 421 repeals Maine law provisions that allowed courts to suspend a driver's license for up to 5 years for certain drug-related offenses. It specifically targets suspensions for crimes including drug trafficking, counterfeit drug trafficking, and aggravated marijuana cultivation. The bill removes the legal authority for courts to impose these license suspensions when sentencing individuals convicted of those specific offenses. This change directly affects people convicted of the listed drug crimes by eliminating a barrier to driving privileges upon reentry into the community after incarceration.

LD 535 allows Maine courts to commit juveniles (under age 21) convicted of murder or a Class A crime to a correctional facility for a term extending beyond their 21st birthday. The court must consider specific factors before extending the commitment, including the offense's severity, the juvenile's maturity and rehabilitation potential, prior criminal history, and victim impact. Juveniles must have legal counsel at all court reviews of their commitment. The bill also requires transferring juveniles to an adult correctional facility upon reaching age 21.

LD 1101 improves legal representation for people who cannot afford a lawyer in Maine courts, specifically targeting cases involving fundamental rights (like criminal defense and critical civil matters). The bill requires courts to better verify and monitor indigency status, track attorney time per case, and establish a system where partially able defendants can make installment payments toward legal costs. It also creates a new process for courts to appoint qualified private attorneys when public defenders are unavailable, ensuring these attorneys receive compensation equivalent to public defenders. The changes aim to address gaps in counsel availability highlighted by a recent court ruling, focusing on concrete reimbursement procedures rather than broader systemic changes.

LD 717 amends Maine's criminal code to expand restitution requirements for drug trafficking cases. It removes the previous requirement that courts must find trafficking was "profit-motivated" for the cost of drug analysis to be included in restitution. This change means victims or the government can now recover all drug analysis costs when a defendant is convicted of trafficking scheduled drugs under Chapter 45. The bill directly affects defendants convicted of such trafficking and streamlines restitution for related costs.