Community service bill gains approval from House

    AUGUSTA – The Maine House of Representatives voted to enact a bill on March 19 to allow judges to order community service for criminal defendants if they are unable to pay their fines.
MEETING — Rep. Richard Cleary, D-Houlton, met with New Brunswick Premier Shawn Graham during the Premier’s February visit to Maine.  Cleary and Premier Graham discussed border and economic issues in northern Maine as well as utility and energy concerns.  Here, the two pause for a snapshot at the Blaine House in Augusta.
    Rep. Richard Cleary, D-Houlton, submitted the bill at the request of judges in the Houlton area who were seeking clarification about their ability to order community service after a sentencing.  Judges can order criminal defendants to pay a fine or to perform community service at the time of sentencing, but the law is currently unclear about what a judge’s options are if a defendant returns to court not having paid a fine.
     “This law will provide the necessary clarification for our judges, and it will also help with jail overcrowding and provide relief from the associated costs,” said Cleary.  According to Cleary, a defendant who fails to pay a fine can be ordered to “sit off” the fine in jail at a rate of $5 per day.  The cost to house prisoners is estimated to be at least $26.50 per day and can be as much as $100 per day. 
     Cleary said that currently, offenders who are not able to pay fines cost their communities money twice – first, by defaulting on the fine and second, by filling up costly space in jails.  His bill would allow the offender to pay off the debt to the community, provide important local services for free and keep jail costs down.
     Under the proposed legislation, when a defendant returns to court in default on a fine without excuse, a judge would have the option to order the defendant to jail or to order that the defendant perform community service work.  The defendant will receive $25 toward the fine for every eight-hour day worked, and judges cannot order more than 100 days of community service.  If the money earned during community service does not pay off the entire fine, the defendant will be responsible for the remaining portion of the fine.
     The bill received unanimous support from members of the Legislature’s Criminal Justice & Public Safety Committee and received unanimous support from the House on Wednesday. The bill now goes to the Senate.