2010 Maine Code
TITLE 15: COURT PROCEDURE -- CRIMINAL
Chapter 105-A: MAINE BAIL CODE
15 §1097. Disposition after revocation of preconviction bail

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

Subchapter 5: ENFORCEMENT HEADING: PL 1995, C. 356, §15 (RPR)

§1097. Disposition after revocation of preconviction bail

1. New criminal conduct. If the judge or justice finds that there are conditions of release that will reasonably ensure that the defendant will not continue to commit new crimes while out on bail, the judge or justice shall issue an order under section 1026. If the judicial finding is otherwise, the judge or justice shall issue an order denying bail.

[ 1997, c. 543, §23 (RPR) .]

2. Appearance of the defendant; ensuring the integrity of the judicial process; ensuring the safety of others in the community. If the judge or justice finds that there are conditions of release that will reasonably ensure the defendant's appearance at the time and place required and ensure the integrity of the judicial process and the safety of others in the community, the judge or justice shall issue an order under section 1026. If the judicial finding is otherwise, the judge or justice shall issue an order denying bail.

[ 2007, c. 374, §13 (AMD) .]

3. Appeal. A defendant in custody as a result of an order issued under this section by the District Court may appeal to the Superior Court and a defendant in custody as a result of an order issued under this section by the Superior Court may appeal to a single Justice of the Supreme Judicial Court. The appeal must be in accordance with the procedures set forth in section 1028, as far as applicable, except that the review is limited to a review of the record to determine whether the order was rationally supported by the evidence. The determination by the court or single justice is final and no further relief is available.

[ 1999, c. 731, Pt. ZZZ, §13 (AMD); 1999, c. 731, Pt. ZZZ, §42 (AFF) .]

4. No new bail consideration when bail has been revoked and denied in District Court. When a District Court judge has, after revocation, ordered the defendant held without bail, the defendant is not entitled to have bail set when charges are brought by indictment for the same underlying conduct. If the defendant has not previously appealed the District Court bail revocation, the Superior Court may, upon request of the defendant, entertain the appeal at the defendant's arraignment.

[ 1995, c. 356, §19 (NEW) .]

SECTION HISTORY

1995, c. 356, §19 (NEW). 1997, c. 543, §23 (AMD). 1999, c. 731, §ZZZ13 (AMD). 1999, c. 731, §ZZZ42 (AFF). 2007, c. 374, §13 (AMD).