Title 15, Title 15

When a person indicted for an offense is acquitted of a part by verdict of the jury and found guilty of the residue thereof, the verdict may be received and recorded by the court. The person may be considered as convicted of the offense, if any, that is substantially charged by t…

When a person is imprisoned or held under arrest in one county, a judge of the District Court or a Justice of the Superior Court, whichever court has jurisdiction over the matter to be heard, may order the person's removal into another county, when complaint has been made and war…

The officer holding the person described in the court order shall deliver the person to the officer presenting the order, upon receiving an attested copy of the order and of the complaint and warrant or indictment on which the order is founded. The officer receiving the accused p…

A justice of the Superior Court, a judge of the District Court or a justice of the peace shall issue search warrants for any place in the State for such purposes as the United States Constitution and the Constitution of Maine permit, including with respect to any violation over w…

The following provisions apply to a service of criminal process on an electronic communication service provider and a remote computing service provider that are domestic or foreign entities. [PL 2017, c. 144, §3 (NEW).] 1. Definitions. As used in this section, unless the context …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Law enforcement officer" or "officer" has the same meaning as in Title 25, section 2801‑A, subsection 5. [PL 2021, c. 267, §1 (NEW).] B. "No-knock…

1. Written demand for records. When a person or entity has been ordered to perform an examination or evaluation pursuant to section 101‑D, a diagnostic evaluation pursuant to section 3309‑A, a competency examination pursuant to section 3318‑A, an evaluation and treatment pursuant…

1. Competency to proceed. The court may for cause shown order that the defendant be examined to evaluate the defendant's competency to proceed as provided in this subsection. A. Upon motion by the defendant or by the State, or upon its own motion, a court having jurisdiction in a…

When a court accepts a negotiated plea of not criminally responsible by reason of insanity or when a defendant is found not criminally responsible by reason of insanity by jury verdict or court finding, the judgment must so state. In those cases the court shall order the person c…

1. Interruption of commitment. When a person while in the custody of the Commissioner of Health and Human Services pursuant to a commitment order under section 103 is found by a court to be in violation of the person's conditional release for a Maine conviction and new institutio…

1. Release and discharge. The term "release," as used in this section, means termination of institutional inpatient residency and return to permanent residency in the community. The head of the institution in which a person is placed under section 103 shall annually forward to th…

If any patient committed to the Department of Health and Human Services for care and treatment, under section 103 or 105, is ordered to return to the hospital by the Commissioner of Health and Human Services, law enforcement personnel of the State or of any of its subdivisions sh…

1. Definition. As used in this section, "commissioner" means the Commissioner of Health and Human Services or the commissioner's designee. 2. Notice required; contents. At any time after a defendant has been found incompetent to proceed and has been committed to the custody of th…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Commissioner" means the Commissioner of Health and Human Services or the commissioner's designee. [PL 2015, c. 325, §1 (NEW).] B. "Department" mea…

Before making a determination under section 106 or 107, a court may order an independent psychiatric or medical examination of the patient. The Department of Health and Human Services, within 30 days after receiving a request from the Administrative Office of the Courts, shall re…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Commissioner" means the Commissioner of Health and Human Services. [PL 2019, c. 405, §2 (NEW).] B. "Committee" means a committee at a state instit…

This chapter may be cited as the "Uniform Act on Fresh Pursuit."

The term "fresh pursuit" as used in this chapter includes fresh pursuit as defined by the common law, and the pursuit of a person who has committed a crime punishable by a maximum term of imprisonment equal to or exceeding one year, who is reasonably suspected of having committed…

For the purpose of this chapter the word "state" shall include the District of Columbia.

A member of a duly organized state, county or municipal police unit of another state of the United States who enters this State in fresh pursuit and continues within this State in that fresh pursuit of a person in order to arrest the person on the ground that the person is believ…

If an arrest is made in this State by an officer of another state in accordance with section 154, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of de…

As used in this chapter, unless the context indicates otherwise, the following words shall have the following meanings. [PL 1977, c. 671, §3 (RPR).] 1. Application. "Application" means a request, by any person specified in section 223, to the Governor of this State to make a requ…

Subject to the provisions of this chapter and of the Constitution of the United States and Acts of Congress in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other state of the United States any …

1. Persons accused of a crime. No demand for the extradition of a person accused, but not yet convicted, of a crime in another state shall be recognized by the Governor of this State unless made in writing and containing the following: A. An allegation that the accused is a fugit…

When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to investigate or assist in investigatin…

When it is desired to have returned to this State a person charged in this State with a crime, and the person is imprisoned or is held under criminal proceedings then pending against the person in another state, the Governor of this State may agree with the executive authority of…

If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest, which must be sealed with the state seal and be directed to any law enforcement officer or other person whom the Governor may think fit to entrust with the execution of t…

Such warrant authorizes the officer or other person to whom directed to arrest the accused at any place where the accused may be found within the State and to command the aid of any law enforcement officer in the execution of the warrant and to deliver the accused, subject to thi…

Every such officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties aga…

A person arrested upon a Governor's warrant may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person, unless the person is first taken before a judge of a court of record in this State, who shall inform the perso…

At the hearing on the petition contesting extradition, if the Governor's warrant and the demand comply with the provisions of this chapter, the petitioner has the burden of proving by clear and convincing evidence that the petitioner has not been charged with a crime in the deman…

The order making final disposition of the petition contesting extradition constitutes a final judgment for the purpose of review. A final judgment entered under this section may be reviewed by the Supreme Judicial Court sitting as the Law Court. An appeal must be taken within 7 d…

An officer who delivers to the agent for extradition of the demanding state a person in the officer's custody under the Governor's warrant in disobedience of section 210 is guilty of a Class E crime.

The officer or person executing the Governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which the prisoner may pass. The keeper of the jai…

1. Warrant of arrest. A warrant of arrest shall be issued whenever a person within this State is charged, on the sworn complaint of any credible person before a judge or magistrate of this State, or by a complaint made before a judge or magistrate of this State upon an affidavit …

The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year; but when so …

If, from the examination by the judge or magistrate of the complaint, affidavits in support thereof, formal charging documents or judgments supplied by the demanding state or any other evidence, including reliable hearsay evidence that may be presented, it appears that the person…

Except as otherwise provided, the judge or magistrate may admit the person arrested to bail by bond or undertaking, with sufficient sureties and in such sum as the judge or magistrate determines proper, for the person's appearance before the judge or magistrate at a time specifie…

If the accused is not arrested under a warrant of the Governor by the expiration of time specified in the warrant, bond or undertaking, the judge or magistrate may discharge the accused or may continue the case for any further time not to exceed 60 days. If, after the expiration …

If the prisoner is admitted to bail and fails to appear and surrender according to the condition of the prisoner's bond, the court, by proper order, shall declare the bond forfeited. Recovery may be had thereon in the name of the State as in the case of other bonds or undertaking…

If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the Governor at the Governor's discretion either may surrender the person on the demand of the executive authority of another state or may hold the person until th…

The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided has been presented to the Governor, exce…

The Governor may recall the Governor's warrant of arrest or may issue another warrant whenever the Governor considers it proper.

Whenever the Governor demands a fugitive from justice, charged with crime or with escaping from confinement or breaking the terms of the fugitive's bail, probation or parole in this State, from the executive authority of any other state, or from the Chief Justice or an Associate …

1. Person charged with crime. When it is required to return to this State a person charged with a crime in this State, the prosecuting attorney shall present to the Governor a written application for a requisition for the return of the person charged. The application must state: …

1. Expenses paid from funds allotted to prosecuting attorney. When a fugitive from justice is returned to the State of Maine for prosecution, expenses incurred that are necessary and proper for the return must be paid out of the funds allotted for that purpose to the district att…