Community service bill considered by legislature

     AUGUSTA – Rep. Richard Cleary, D-Houlton, presented testimony to the Legislature’s Criminal Justice Committee on his bill to allow courts to order community service when criminal defendants fail to pay their fines.
     Cleary submitted the bill at the request of local judges who feel that current law does not allow for many alternatives when a defendant does not pay a fine.  Under current law, a defendant who fails to pay a fine can ultimately be ordered to “sit off” the fine in jail at a rate of $5.00 per day.  The cost to house prisoners is estimated at least $26.50 per day and can be as much as $100 per day. 
     “We have been talking a lot in Augusta about budget shortfalls and how to save money,” said Cleary.  “Unpaid fines add up to over $3 million in this state. It does not make fiscal sense to incur the costs of putting a person in jail and then lose out on those dollars, too. Community service provides value to the public rather than costing tax-payer dollars.”
     Current law also provides courts the authority to order community service during sentencing, “but the law is unclear about whether or not community service can be ordered after a defendant defaults on payments,” said Cleary.
    The bill would also provide for submitting the debt for collection to Maine Revenue Services or a debt collection agency, with a provision for increasing the fine to cover debt collection costs. 
     A final provision would allow judges to discharge the fine completely in case of death or disability.
     The bill has been scheduled for a work session on Jan. 23, to further discuss the issue before the Criminal Justice Committee makes a recommendation to the full Legislature.
     For more information on the bill, visit http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280027402.