AUGUSTA - The Legislature gave final approval on Wednesday to a measure sponsored by Rep. Adam Lee, D-Auburn, that would help prevent unnecessary detention for those who present minimal or no risk to their communities.
Currently, a discrepancy exists in Maine's bail laws. When a court deems an individual sufficiently low-risk to qualify for unsecured bail where the defendant isn't required to pay any bail amount jail personnel can complete the necessary paperwork at no cost, facilitating the person's release. However, if a bail commissioner reaches the same conclusion, the defendant must pay a $60 bail commissioner fee, and jail personnel cannot handle the paperwork.
LD 2051 would fix this discrepancy. It would expedite the release process for individuals who would otherwise be released from jail without being charged. As a result, these individuals wouldn't have to wait for a court appearance before securing their release.
"One night in jail can have a significant impact on a persons life," said Lee. "This impact can extend to children, who might end up without a place to sleep or proper adult supervision. Furthermore, adults may be at risk of losing their job or face other setbacks in their recovery. This legislation aims to avoid the unnecessary financial and social costs associated with imprisoning individuals who pose no threat to their communities."
The Maine Judicial Branch, the ACLU of Maine and the Maine Association of Criminal Defense Lawyers all supported this legislation at its public hearing in January.
The bill now heads to the governors desk.
Lee is serving his first term in the Maine House and is a member of the Legislature's Judiciary Committee. He represents House District 89, which includes a portion of Auburn, including its downtown.
Contact:
Brian Lee [Lee], c. 305-965-2744