2010 Maine Code
TITLE 15: COURT PROCEDURE -- CRIMINAL
Chapter 105-A: MAINE BAIL CODE
15 §1073-A. Precondition to forfeiture of cash or other property of surety if a defendant violates a condition of release; notice

Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)

Subchapter 4: SURETIES AND OTHER FORMS OF BAIL HEADING: PL 1987, C. 758, §20 (NEW)

§1073-A. Precondition to forfeiture of cash or other property of surety if a defendant violates a condition of release; notice

1. Precondition. A person responsible for a defendant's compliance with each condition of release under section 1072 and who has agreed to act as surety or has deposited cash bail for a defendant who subsequently is admitted to preconviction or post-conviction bail and fails to comply with each condition of release must be absolved by the judge or justice of the responsibility to pay the bond and must have returned the deposited cash bail unless the person had, on a prior occasion, acted as surety or deposited cash bail for the defendant's compliance with each condition of release and that defendant on that prior occasion failed to comply with each condition.

[ 1997, c. 543, §19 (NEW) .]

2. Notice. Prior to a hearing under section 1096 or 1099, the attorney for the State shall make a good faith effort to give a surety notice of the upcoming hearing and notice that the result of that hearing may affect whether or not the surety may wish to continue to act as surety. At that hearing, the court shall orally advise the surety of the consequences of subsection 1 if:

A. The surety is present; [1997, c. 543, §19 (NEW).]

B. The court finds that the defendant violated a condition of release; and [1997, c. 543, §19 (NEW).]

C. The court finds that the defendant's bail should be reset. [1997, c. 543, §19 (NEW).]

[ 1997, c. 543, §19 (NEW) .]

SECTION HISTORY

1997, c. 543, §19 (NEW).