Maine § 15 §1026 Standards for release for crime bailable as of right preconviction

Maine Statutes

§ 15 §1026 — Standards for release for crime bailable as of right preconviction

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

1.In general. At the initial appearance before a judicial officer of a defendant in custody for a crime bailable as of right preconviction, the judicial officer may issue an order that, pending trial, the defendant be released:

2.Release on personal recognizance or unsecured appearance bond. 2-A. Release on personal recognizance or unsecured appearance bond. The judicial officer shall order the pretrial release of the defendant on personal recognizance or upon execution of an unsecured appearance bond in an amount specified by the judicial officer, unless, after consideration of the factors listed in subsection 4, the judicial officer determines that:

3.Release on conditions. Release on a condition or combination of conditions pursuant to subsection 1, paragraph B or C must be as provid

Free access — add to your briefcase to read the full text and ask questions with AI

1.
In general.
At the initial appearance before a judicial officer of a defendant in custody for a crime bailable as of right preconviction, the judicial officer may issue an order that, pending trial, the defendant be released:
2.
Release on personal recognizance or unsecured appearance bond.
2-A.
Release on personal recognizance or unsecured appearance bond.
The judicial officer shall order the pretrial release of the defendant on personal recognizance or upon execution of an unsecured appearance bond in an amount specified by the judicial officer, unless, after consideration of the factors listed in subsection 4, the judicial officer determines that:
3.
Release on conditions.
Release on a condition or combination of conditions pursuant to subsection 1, paragraph B or C must be as provided in this subsection.
4.
Factors to be considered in release decision.
In setting bail, the judicial officer shall, on the basis of an interview with the defendant, information provided by the defendant's attorney and information provided by the attorney for the State or an informed law enforcement officer if the attorney for the State is not available and other reliable information that can be obtained, take into account the available information concerning the following:
5.
Contents of release order.
In a release order issued under subsection 2‑A or 3, the judicial officer shall:
6.
Initial appearance in court.
Nothing contained in this chapter may be construed as limiting the authority of a judge or justice to consider the issue of preconviction bail at a defendant's initial appearance in court.
7.
Applicability of conditions of release.
A condition of release takes effect and is fully enforceable immediately as of the time the judicial officer sets the condition, unless the release order expressly excludes a condition of release from immediate applicability, if the defendant is advised by a judicial officer, a law enforcement officer or an employee of a county or regional jail or a correctional facility having custody of the defendant:

Maine § 15 §1026 (Standards for release for crime bailable as of right preconviction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1987, c. 758, §20 (NEW). PL 1987, c. 870, §4 (AMD). PL 1989, c. 147, §2 (AMD). PL 1995, c. 356, §5 (AMD). PL 1997, c. 543, §7 (AMD). PL 1997, c. 585, §3 (AMD). PL 2001, c. 252, §§1,2 (AMD). PL 2005, c. 449, §1 (AMD). PL 2007, c. 374, §§3-10 (AMD). PL 2007, c. 377, §§4, 5 (AMD). PL 2007, c. 518, §§2, 3 (AMD). PL 2011, c. 680, §2 (AMD). PL 2013, c. 227, §1 (AMD). PL 2015, c. 436, §4 (AMD). PL 2017, c. 407, Pt. A, §§51, 52 (AMD). PL 2021, c. 397, §§2-6 (AMD). PL 2021, c. 608, Pt. C, §§1, 2 (AMD). PL 2021, c. 647, Pt. B, §§9, 10 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF). PL 2023, c. 299, §2 (AMD). PL 2023, c. 405, Pt. E, §§1, 2 (AMD).