§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.

[PL 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.

[PL 2007, c. 374, §13 (AMD).]

2-A.  Crimes involving domestic violence.  If the underlying crime is an offense specified in section 1023, subsection 4, paragraph B-1 and the new conduct found by the court pursuant to section 1096 involves new allegations of domestic violence or contact with a victim or witness in the underlying case, the judge or justice shall issue an order denying bail, unless the judge or justice makes the findings on the record required by both subsections 1 and 2. The judge or justice shall issue an order denying bail if there has been a previous revocation of preconviction bail pursuant to section 1096.

[PL 2011, c. 640, Pt. A, §4 (NEW).]

3.  Appeal.  A defendant in custody as a result of an order issued under this section may appeal to a single Justice of the Supreme Judicial Court. The appeal must be in accordance with the procedures set forth in the Maine Rules of Unified Criminal Procedure, Rule 46(e)(2). 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 single justice is final and no further relief is available.

[PL 2015, c. 431, §17 (AMD).]

4.  Limitations on bail.  When a court has, after revocation on a complaint, ordered the defendant held without bail, the defendant is not entitled to have bail set when the same or more serious charges are brought by indictment or, if waived, by information or complaint, for the same underlying conduct. If different and lesser charges are later brought by the State for the same underlying conduct, the new lesser charges may constitute a change of circumstances pursuant to section 1026, subsection 3, paragraph C.

[PL 2015, c. 431, §18 (AMD).]

SECTION HISTORY

PL 1995, c. 356, §19 (NEW). PL 1997, c. 543, §23 (AMD). PL 1999, c. 731, §ZZZ13 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2007, c. 374, §13 (AMD). PL 2011, c. 640, Pt. A, §4 (AMD). PL 2015, c. 431, §§17, 18 (AMD).