Two new bills were recently passed by the Legislature to help strengthen Maine’s statutes regarding domestic violence.
The first, a much-needed notification system, was sponsored by Biddeford Rep. and Mayor Alan Casavant.
Casavant’s bill ensures victims of domestic violence, sexual assault and stalking are notified consistently across the state when their abuser is released from jail.
This is important for victims, who are often repeatedly sought out and harassed by their abusers. Seeing their abuser on the street ”“ without even being told they were released ”“ would be frightening and could lead to further abuse, or even death, if the abuser re-offends.
Gov. Paul LePage signed the bill this week in addition to another law that will require judges to deny bail when there’s a danger a defendant could re-commit domestic violence.
Requiring judges to deny bail is a no-brainer in these cases, where people are often not protected by the slip of paper requiring protection from abuse. In the case of Amy Lake and her two children, the courts and law enforcement failed to keep her family safe. They were murdered by the children’s father, Steven Lake, who then killed himself, in Dexter last June.
Amy Lake followed all the rules and secured a protection from abuse order ”“ but it wasn’t enough. This story is all too familiar around this state and around the nation. Keeping these offenders off the streets is the only way to ensure their families remain safe.
An investigation by the Maine Center for Public Interest Reporting, a nonprofit and nonpartisan journalism organization, last year showed some major discrepancies in how bail is set in this state. A study of the Lake case in particular showed that bail commissioners set bail of $2,000 twice after Steven Lake was picked up for threatening and stalking his wife. In both cases, the center found, he was bailed out by his father in a matter of hours.
These discrepancies cost lives, and it’s important that bail for defendants in cases involving domestic violence is carefully considered and set at a level that matches the charges as well as a defendant’s criminal history.
Another measure that could help would include more batterers’ intervention programs as a way to prevent abuse and violence in the home in the first place, or following initial offenses. Gov. LePage said this week that more bills are to come and legislation in the next session will continue to address the problem.
One proposal that did not pass muster ”“ LD 1704, sponsored by Rep. Ken Fredette, R-Newport ”“ would have required that judges, not bail commissioners, determine bail in domestic violence cases. The bill also allowed for electronic monitoring to be a condition of bail. Unfortunately, the bill did not move forward, and although these new measures may make a difference, the proposal may need to be resurrected in the future. Given the small amount of training required to become a bail commissioner and the lack of information often available if commissioners must set bail on weekends, the extra step of waiting for a judge to review bail seems prudent in cases of domestic violence.
Although the two bills that will become law were sponsored by Democrats, the proposals had bipartisan support, and it was one of few issues that brought legislators together this year for the benefit of the public.
“This is not a Republican or a Democratic issue,” LePage said. “This is a social issue that is pervasive throughout the country.”
We agree, and we’re pleased Maine is making strides to strengthen laws on domestic violence, and that the Governor will continue to focus on this issue.
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Today’s editorial was written by City Editor Robyn Burnham on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Managing Editor Kristen Schulze Muszynski by calling 282-1535, Ext. 322, or via email at kristenm@journaltribune.com.
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