A bill introduced in the Maine Legislature by a Democratic lawmaker seeks to help alleviate the caseload on the state’s public defenders by eliminating the misdemeanor-level crime associated with violations of bail conditions.

The bill, titled “An Act to Amend the Maine Bail Code to Eliminate the Class E Crime of Violation of Condition of Release,” was introduced by Democratic Rep. David Sinclair of Bath, and had a public hearing before the Legislature’s Criminal Justice and Public Safety Committee on Monday.

Rep. Sinclair’s proposed LD 179 would repeal the provision of Maine state law that makes it a standalone Class E crime for a criminal defendant who has been granted pre-conviction or post-conviction bail to violate any condition of their release, a crime commonly abbreviated as “VCR.”

In Maine, a Class E crime is a misdemeanor punishable by up to six months incarceration and a $1,000 fine, which is the lowest level of criminal offense in the state.

Typically, bail conditions imposed on criminal defendants involve requiring the individual maintain employment or an education program, to meet a curfew, prohibitions on the use of alcohol or cannabis, and reporting requirements with a designated law enforcement agency.

If passed, when an individual out on bail conditions violates a condition of their release, the matter would be subject to the existing procedures under the bail code — meaning a bail commissioner or judge — rather than investigated and prosecuted as a separate charge under the state criminal code.

The bill would not, however, do away with the felony-level Class C crime of violating a condition of release — it would only effect cases where the violation would otherwise not be a crime but for the individual being subject to bail conditions.

Prosecutors would still be able to file a motion to revoke bail in pretrial cases where non-criminal bail violations occur, subject to the approval of a judge.

Violating a condition of release is elevated to a Class C offense in cases where the underlying crime is a felony-level offense, or if the underlying crime is related to domestic or sexual violence.

A Class C crime can carry up to a five-year prison sentence and a $5,000 fine.

A fiscal note attached to the bill states that doing away with the misdemeanor bail violation crime may result in “some minor reduction of workload associated with the minimal number of cases that will no longer be filed in the court system.”

“Reductions in the collection of fines will decrease General Fund or other dedicated revenue by minor amounts,” the bill adds, as the Class E violation may carry up to a $1,000 fine.

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When introducing the bill to Criminal Justice and Public Safety Committee on Monday, Rep. Sinclair said that the Maine Judicial Branch is in “crisis mode” due to a backlog of criminal cases and a dearth of state public defenders, leading to long waits for trials and hundreds in custody without counsel.

“This is not a problem that we can hire our way out of, it’s not a problem that we can police out of, it’s not a problem we can prosecute out of and it’s not a problem we can defend our way out of,” Sinclair said.

Sinclair said that his bill, LD 179, targets misdemeanor violating conditions of release as the “lowest hanging fruit” in the backlog of criminal cases, saying those charges are included among thousands of pending cases.

The Bath Democrat claimed that his bill would not make it easier for anyone in the state to commit criminal behavior, not make it easier for criminal defendants to violate bail without sanction, and would not limit law enforcement in carrying out their duties.

“There is no increased risk to the public if this bill is passed,” Sinclair said. “But what there is for the public is a significant lightening of the court’s criminal dockets.”

Rep. Sinclair is an attorney who runs a Bath-based law practice where he “focuses on services for the underprivileged,” according to his biography on the Maine House Democratic Office website.

“Sinclair is an advocate for affordable housing, Midcoast families and seniors, ensuring Maine residents can access essential services and increasing equity within Maine’s criminal justice system,” his biography reads.

Sinclair has also volunteered on boards for the Two Bridges Regional Jail Authority and Maine State Bar Association.

Frayla Tarpinian, a public defender with Maine’s Capital Region Public Defender Office based in Augusta, as well as Michael Kebede, policy counsel of the Maine ACLU, testified in support of the bill, with both arguing the repeal of misdemeanor bail violations would help conserve judicial resources and lessen the burden on the state’s public defenders.

However, representatives from the Maine State Police, Department of Public Safety, Maine Sheriff’s Association, Maine Association of Police, Maine Prosecutors Association, and the Maine Coalition to End Domestic Violence all testified in opposition to the bill.

Andrea Mancuso of the Maine Coalition to End Domestic Violence said that VCR is one of the only ways for victims of domestic violence in Maine to effectively achieve what in other states would be a court ordered protective order with criminal repercussions, as opposed to a civil protection order.

“To remove the ability of the criminal legal system to respond swiftly and with a real consequence in these situations is to remove — it’s a violation of our system’s basic responsibility that we have to these crime victims,” Mancuso said.

“Make no mistake, this bill will dilute the response to domestic violence cases in the field,” she added.

Shira Burns of the Maine Prosecutors Association said that VCR charges are a key tool for prosecutors when working with defendants towards plea deals, and often favor defendants in cases where a more severe charge is dropped for a plea to a lesser VCR charge.

Burns testified that the misdemeanor VCR cases are not the reason for the backlog, as most of the cases involving VCR also involve other criminal charges, and will not go away just by getting rid of the single misdemeanor.

LD 179 will now advance to a work session in the Criminal Justice and Public Safety Committee.