§ 15 §1023 — Bail commissioners

Maine § 15 §1023

• Jurisdiction: Maine
• Title 15: COURT PROCEDURE -- CRIMINAL
• Part 2: PROCEEDINGS BEFORE TRIAL
• Ch. 105-A: MAINE BAIL CODE

Text

1.
Authority.
A bail commissioner, appointed under this section, shall set preconviction bail for a defendant in a criminal proceeding in accordance with this chapter, provided that a bail commissioner may not set preconviction bail for a defendant:
2.
Appointment.
The Chief Judge of the District Court may appoint one or more residents of the State as bail commissioners. A bail commissioner serves at the pleasure of the Chief Judge of the District Court, but no term for which a bail commissioner is appointed may exceed 5 years. The Chief Judge of the District Court shall require bail commissioners to complete the necessary training requirements set out in this section. Bail commissioners have the powers of notaries public to administer oaths or affirmations in carrying out their duties.
3.
Immunity from liability.
A person appointed and serving as a bail commissioner is immune from any civil liability, as are employees of governmental entities under the Maine Tort Claims Act, Title 14, chapter 741 for acts performed within the scope of the bail commissioner's duties.
4.
Limitations on authority.
A bail commissioner may not:
5.
Fees.
A bail commissioner is entitled to receive a fee not to exceed $60 for the charges pursuant to which the defendant is presently in custody, unless the defendant lacks the present financial ability to pay the fee. A defendant presently in custody who is qualified to be released upon personal recognizance or upon execution of an unsecured appearance bond, whether or not accompanied by one or more conditions of bail that have been set by a judicial officer, but who in fact lacks the present financial ability to pay a bail commissioner fee, must nonetheless be released upon personal recognizance or upon execution of an unsecured appearance bond. A bail commissioner may not refuse to examine a person to determine the person's eligibility for bail, set bail, prepare the personal recognizance or bond or take acknowledgement of the person in custody because the person in custody lacks the present financial ability to pay a bail commissioner fee. The bail commissioner shall submit such forms as the Judicial Department directs to verify the amount of fees received under this subsection. The sheriff of the county in which the defendant is detained may create a fund for the distribution by the sheriff or the sheriff's designee for the payment in whole or in part of the $60 bail commissioner fee for those defendants who do not have the financial ability to pay that fee.
6.
Attorneys-at-law.
No attorney-at-law who has acted as bail commissioner in any proceeding may act as attorney for or on behalf of any defendant for whom that attorney-at-law has taken bail in any such proceeding, nor may any attorney-at-law who has acted as attorney for a defendant in any offense act as bail commissioner in any proceeding arising out of the offense with which the defendant is charged.
7.
Mandatory training.
As a condition of appointment and continued service, a bail commissioner must successfully complete a bail training program, as prescribed and scheduled by the Chief Judge of the District Court, not later than one year following appointment. The Maine Criminal Justice Academy shall provide assistance to the Chief Judge of the District Court in establishing an appropriate training program for bail commissioners. The program shall include instruction on the provisions of this chapter, the relevant constitutional provisions on bail and any other matters pertinent to bail that the Chief Judge of the District Court considers appropriate and necessary. The Chief Judge of the District Court may establish a continuing education program for bail commissioners.
8.
Bail commissioners in indigent cases.
The Chief Judge of the District Court may adopt rules requiring a bail commissioner to appear and set bail regardless of whether the defendant is indigent and unable to pay the bail commissioner's fee. The Chief Judge of the District Court may also adopt rules governing the manner in which a bail commissioner is paid in the event an indigent person is released on bail and is unable to pay the bail commissioner's fee.

Legislative History

PL 1987, c. 758, §20 (NEW). PL 1987, c. 870, §3 (AMD). PL 1989, c. 147, §1 (AMD). PL 1989, c. 185 (AMD). PL 1989, c. 617, §3 (AMD). PL 1993, c. 675, §B12 (AMD). PL 1995, c. 356, §3 (AMD). PL 1999, c. 15, §1 (AMD). PL 2001, c. 686, §A1 (AMD). PL 2009, c. 23, §1 (AMD). PL 2011, c. 214, §3 (AMD). PL 2011, c. 214, §6 (AFF). PL 2011, c. 341, §2 (AMD). PL 2011, c. 640, Pt. A, §§1, 2 (AMD). PL 2011, c. 680, §1 (AMD). PL 2013, c. 424, Pt. A, §6 (AMD). PL 2013, c. 519, §2 (AMD). PL 2015, c. 436, §§1-3 (AMD). PL 2019, c. 113, Pt. C, §32 (AMD). PL 2021, c. 397, §1 (AMD). PL 2021, c. 647, Pt. B, §8 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF). PL 2023, c. 299, §1 (AMD). IB 2025, c. 1, §2 (AMD).