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Maine Statutes, Title 34-A

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Maine/Statutes

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Title 34-A

11 chapters · 274 sections in this title.

All chapters in Title 34-A274 Ch 3, CORRECTIONAL FACILITIES96 Ch 9, INTERSTATE COMPACTS77 Ch 1, GENERAL PROVISIONS29 Ch 5, PROBATION AND PAROLE27 Ch 15, SEX OFFENDER REGISTRATION AND NOTIFI…18 Ch 17, SEX OFFENDER REGISTRATION AND NOTIFI…17 Ch 7, JUVENILE DELINQUENCY PREVENTION AND …5 Ch 19, SEX OFFENDER MANAGEMENT AND RISK ASS…5

274 sections·Filtered byTitle 34-A✕

34-A M.R.S. § 9872 Definitions--Article 2
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As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 495, §1 (NEW).] 1. Adult. "Adult" means both an individual legally classified as an adult and a juvenile treated as an adult by court order, statute o…
34-A M.R.S. § 9873 Interstate Commission for Adult Offender Supervision--Article 3
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1. Commission created. The compacting states hereby create the Interstate Commission for Adult Offender Supervision. The interstate commission is a body corporate and joint agency of the compacting states. The interstate commission has all the responsibilities, powers and duties …
34-A M.R.S. § 9874 State council--Article 4
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Each member state shall create a State Council for Interstate Adult Offender Supervision that is responsible for the appointment of the commissioner who serves on the interstate commission from that state. Each state council shall appoint as its commissioner the compact administr…
34-A M.R.S. § 9875 Powers of interstate commission--Article 5
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The interstate commission has the following powers: [PL 2003, c. 495, §1 (NEW).] 1. Adopt seal and bylaws. To adopt a seal and suitable bylaws governing the management and operation of the interstate commission; 2. Promulgate rules. To promulgate rules that have the force and eff…

34-A M.R.S. § 9876 Organization and operation of interstate commission--Article 6

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1. Bylaws. The interstate commission shall adopt bylaws, by a majority vote of the members, within 12 months of the first interstate commission meeting to govern its conduct as may be necessary or appropriate to carry out the purposes of this subchapter, including, but not limite…

34-A M.R.S. § 9877 Activities of interstate commission-- Article 7

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1. Commission actions. The interstate commission shall meet and take such actions as are consistent with the provisions of this compact. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the in…

34-A M.R.S. § 9878 Rule-making functions of interstate commission--Article 8

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1. Rules. The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transitional rules governing administration of the compact during the period in which it is being considered and enacted by the state.…

34-A M.R.S. § 9879 Oversight, enforcement and dispute resolution by interstate commission-- Article 9

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1. Oversight. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor activities being administered in noncompacting states that may significantly affect compacting states. The courts and executive agencies in …

34-A M.R.S. § 9880 Finance--Article 10

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1. Expenses. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. 2. Assessment. The interstate commission shall levy and collect an annual assessment from each compacting state to cov…

34-A M.R.S. § 9881 Compacting state; effective date; amendment--Article 11

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1. Eligibility. Any state, as defined in section 9872, is eligible to become a compacting state. 2. Effective date. The compact becomes effective and binding upon enactment of the compact into law by no fewer than 35 of the states. The initial effective date is July 1, 2001, or u…

34-A M.R.S. § 9882 Withdrawal, default, termination and judicial enforcement--Article 12

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1. Withdrawal. Once effective, the compact continues in force and remains binding upon each compacting state. A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact into law. The effective date of withdra…

34-A M.R.S. § 9883 Severability and construction--Article 13

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The provisions of this compact are severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact are enforceable. The provisions of this compact are liberally constructed to effectuate its purposes.

34-A M.R.S. § 9884 Binding effect of compact and other laws--Article 14

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1. Other laws. This compact does not prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact. All compacting states' laws conflicting with this compact are superseded to the extent of the conflict. 2. Binding effect of compact. Al…

34-A M.R.S. § 9885 Notification of law enforcement agencies

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Prior to the department's consideration of a request under this compact, the department shall notify the district attorney for the district in which the person will reside; the sheriff for the county in which the person will reside; the chief of police of any municipality in whic…

34-A M.R.S. § 9886 Violation of interstate compact for adult offender supervision

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Violation of the requirements of an interstate compact for adult offender supervision as enacted by the sentencing state is a Class D crime as provided in Title 17-A, section 759.

34-A M.R.S. § 9887 Supervision fee

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The department may impose on a person accepted for supervision under this compact a supervision fee of between $10 and $50 per month, as determined by the department, for the term of supervision by the department. In determining the amount of the fee, the department shall take in…

34-A M.R.S. § 9887-A Application fee

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The department may impose on a person applying for transfer of supervision to another state under this compact an application fee of $100. An application for transfer of supervision may not be denied solely because the person is not able to pay the fee. When a person fails to pay…

34-A M.R.S. § 9887-B Biological sample for DNA analysis

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A person accepted for supervision under this compact shall submit to having a DNA sample taken only if that person is convicted of a crime punishable by imprisonment for one year or more. The DNA sample may be taken at any time following commencement of the supervision period as …

34-A M.R.S. § 9888 Administrative preliminary hearing

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Whenever it appears that a person accepted for supervision under this compact arrested for an alleged violation of a supervision condition is entitled under the compact to a determination of whether there is probable cause to believe the person has violated a condition of that pe…

34-A M.R.S. § 9901 Short title -- Article 1

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This subchapter may be known and cited as "the Interstate Compact for Juveniles," which is referred to in this subchapter as "the compact."

34-A M.R.S. § 9902 Definitions -- Article 2

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As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 500, §1 (NEW).] 1. Bylaws. "Bylaws" means those bylaws established by the interstate commission for its governance or for directing or controlling the…

34-A M.R.S. § 9903 Interstate Commission for Juveniles -- Article 3

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1. Commission created. The compacting states hereby create the Interstate Commission for Juveniles. The commission is a body corporate and joint agency of the compacting states. The commission has all the responsibilities, powers and duties set forth in this section, including th…

34-A M.R.S. § 9904 Powers and duties of interstate commission -- Article 4

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1. Powers and duties. The interstate commission has the following powers and duties: A. To provide for dispute resolution among compacting states; [PL 2003, c. 500, §1 (NEW).] B. To promulgate rules to effect the purposes and obligations as enumerated in this compact, which have …

34-A M.R.S. § 9905 Organization and operation of interstate commission -- Article 5

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1. Bylaws. The interstate commission shall adopt bylaws by a majority of the members present and voting, within 12 months after the first interstate commission meeting, to govern its conduct as may be necessary or appropriate to carry out the purposes of this subchapter, includin…

34-A M.R.S. § 9906 Rule-making functions of interstate commission -- Article 6

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1. Rules. The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact. Rulemaking must occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant to this section. …

34-A M.R.S. § 9907 Oversight, enforcement and dispute resolution by interstate commission -- Article 7

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1. Oversight. The interstate commission shall oversee the interstate movement of juveniles in the compacting states and shall monitor activities being administered in noncompacting states that may significantly affect compacting states. 2. Enforcement. The courts and executive ag…

34-A M.R.S. § 9908 Finance -- Article 8

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1. Expenses. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. 2. Assessment. The interstate commission shall levy and collect an annual assessment from each compacting state to cov…

34-A M.R.S. § 9909 State council -- Article 9

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Each compacting state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial and executive branches of governm…

34-A M.R.S. § 9910 Compacting state; effective date; amendment -- Article 10

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1. Eligibility. Any state, as defined in section 9902, is eligible to become a compacting state. 2. Effective date. The compact becomes effective and binding upon enactment of the compact into law by no fewer than 35 of the states. The initial effective date is July 1, 2004 or up…

34-A M.R.S. § 9911 Withdrawal, default, termination and judicial enforcement -- Article 11

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1. Withdrawal. Once effective, the compact continues in force and remains binding upon each compacting state. A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact. The effective date of withdrawal is th…

34-A M.R.S. § 9912 Severability and construction -- Article 12

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The provisions of this compact are severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact are enforceable. The provisions of this compact are liberally constructed to effectuate its purposes.

34-A M.R.S. § 9913 Binding effect of compact and other laws -- Article 13

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1. Other laws. This compact does not prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact. All compacting states' laws, other than state constitutions and other interstate compacts, conflicting with this compact are superseded …

34-A M.R.S. § 9921 State Council for Adult Offender Supervision established

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The State Council for Adult Offender Supervision, referred to in this section as "the council," is established to provide oversight and guidance to the State's participation in the Interstate Compact for Adult Offender Supervision. [PL 2011, c. 676, §1 (AMD).] 1. Membership. The …

34-A M.R.S. § 9922 State Council for Juvenile Supervision established

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The State Council for Juvenile Supervision, referred to in this section as "the council," is established to provide oversight and guidance to the State's participation in the Interstate Compact for Juveniles. [PL 2011, c. 676, §2 (NEW).] 1. Membership. The council consists of 7 m…

34-A M.R.S. § 11201 Short title

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This chapter may be known and cited as the "Sex Offender Registration and Notification Act of 1999." The purpose of this chapter is to protect the public from potentially dangerous registrants and offenders by enhancing access to information concerning those registrants and offen…

34-A M.R.S. § 11202 Application

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Unless excepted under section 11202-A, this chapter applies to: [PL 2009, c. 365, Pt. B, §2 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] 1. Maine. A person sentenced in this State on or after January 1, 1982 for a sex offense or a sexually violent offense as an adult or as a juveni…

34-A M.R.S. § 11202-A Exception

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1. Exception. Notwithstanding section 11202, a person is not required to register under this chapter if that person submits to the bureau, in a form to be determined by the bureau, documentation to establish the following: A. The person was sentenced in the State on or after Janu…

34-A M.R.S. § 11203 Definitions

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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 437, §2 (NEW).] 1. Bureau. "Bureau" means the State Bureau of Identification. 1-A. Conditional release. "Conditional release" means supervised release of…

34-A M.R.S. § 11204 Rulemaking

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The bureau may adopt rules necessary to implement this chapter. Rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.

34-A M.R.S. § 11221 Maintenance of sex offender registry

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1. Maintenance of registry. The bureau shall establish and maintain a registry of persons required to register pursuant to this subchapter. The registry must include the following information on each registrant: A. The registrant's name, aliases, date of birth, sex, race, height,…

34-A M.R.S. § 11222 Duty of offender to register

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1. Notification by court, the department, the bureau or a law enforcement agency. An offender has a duty to register under this chapter after notification has been given to the offender by a court of jurisdiction, the department, the bureau or a law enforcement agency. A court sh…

34-A M.R.S. § 11223 Duty of person establishing domicile or residence to register

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A person sentenced at any time for a military, tribal or federal offense requiring registration pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, also known as the Jacob Wetterling Act, Section 170101 of the Violent Crime Con…

34-A M.R.S. § 11224 Duty of person employed or attending college or school

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The following provisions govern registration duties for a person not domiciled or residing in this State but who is employed or attending college or school in this State. [PL 2005, c. 423, §20 (RPR).] 1. Time. A person who has been sentenced at any time for a military, tribal or …

34-A M.R.S. § 11225-A Duration of registration

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1. Ten-year registrant convicted and sentenced in State. The following provisions apply to a 10-year registrant convicted and sentenced in this State. A. [PL 2009, c. 570, §5 (RP).] B. A 10-year registrant sentenced in this State shall register for a period of 10 years. The 10-ye…

34-A M.R.S. § 11226 Fee

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The bureau may charge a $25 annual fee to persons required to register under this chapter. Registrants shall pay the fee at the time of initial registration and shall pay the fee on each anniversary of their initial registration. [PL 2003, c. 711, Pt. C, §24 (AMD); PL 2003, c. 71…

34-A M.R.S. § 11227 Violation

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1. Failure to comply; first offense. A person to whom this chapter applies pursuant to section 11202 who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class D crime. 2. Failure to comply; 2nd offense. A perso…

34-A M.R.S. § 11228 Certification by record custodian

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1. Certificate admissible. Notwithstanding any other law or rule of evidence, a certificate by the custodian of the records of the bureau, when signed and sworn to by that custodian, or the custodian's designee, is admissible in a judicial or administrative proceeding as prima fa…

34-A M.R.S. § 11252 Immunity from liability

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Neither the failure to perform the requirements of this chapter nor compliance with this chapter subjects any state, municipal or county official or employee to liability in a civil action. The immunity provided under this section applies to the release of relevant information to…

34-A M.R.S. § 11253 Risk assessment

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The department shall establish and apply a risk assessment instrument to each registrant under its jurisdiction for the purpose of notification to law enforcement agencies and to the public.

34-A M.R.S. § 11254 Mandatory notification of conditional release or discharge of registrants

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The department, county jails, state mental health institutes and the Department of Public Safety, State Bureau of Identification are governed by the following notice provisions when a registrant is conditionally released or discharged. [PL 2003, c. 711, Pt. C, §27 (AMD); PL 2003,…