Subchapter 8: CRIMINAL HISTORY RECORD INFORMATION ACT
§614. Limitation on dissemination of intelligence and investigative information
1. Limitation on dissemination of intelligence and investigative information. Reports or records that contain intelligence and investigative information and that are prepared by, prepared at the direction of or kept in the custody of a local, county or district criminal justice agency; the Bureau of State Police; the Department of the Attorney General; the Maine Drug Enforcement Agency; the Office of State Fire Marshal; the Department of Corrections; the criminal law enforcement units of the Department of Marine Resources or the Department of Inland Fisheries and Wildlife; or the Department of Conservation, Division of Forest Protection when the reports or records pertain to arson are confidential and may not be disseminated if there is a reasonable possibility that public release or inspection of the reports or records would:
A. Interfere with law enforcement proceedings; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
B. Result in public dissemination of prejudicial information concerning an accused person or concerning the prosecution's evidence that will interfere with the ability of a court to impanel an impartial jury; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
C. Constitute an unwarranted invasion of personal privacy; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
D. Disclose the identity of a confidential source; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
E. Disclose confidential information furnished only by the confidential source; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
F. Disclose trade secrets or other confidential commercial or financial information designated as such by the owner or source of the information or by the Department of the Attorney General; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
G. Disclose investigative techniques and procedures or security plans and procedures not generally known by the general public; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
H. Endanger the life or physical safety of any individual, including law enforcement personnel; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
I. Disclose conduct or statements made or documents submitted by any person in the course of any mediation or arbitration conducted under the auspices of the Department of the Attorney General; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
J. Disclose information designated confidential by some other statute; or [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
K. Identify the source of complaints made to the Department of the Attorney General involving violations of consumer or antitrust laws. [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
[ 1999, c. 155, Pt. A, §5 (AMD) .]
1-A. Limitation on release of identifying information; cruelty to animals. The names of and other identifying information on persons providing information pertaining to criminal or civil cruelty to animals to the Department of Agriculture, Food and Rural Resources is confidential information and may not be disseminated.
[ 1997, c. 456, §10 (NEW) .]
2. Exception to this limitation.
[ 2001, c. 532, §1 (RP) .]
3. Exceptions. Nothing in this section precludes dissemination of intelligence and investigative information to:
A. Another criminal justice agency; [2001, c. 532, §1 (NEW).]
B. A state agency responsible for investigating abuse, neglect or exploitation of children under Title 22, chapter 1071 or incapacitated or dependent adults under Title 22, chapter 958-A for use in the investigation of suspected abuse, neglect or exploitation; [2003, c. 402, §1 (AMD).]
C. An accused person or that person's agent or attorney if authorized by:
(1) The district attorney for the district in which that accused person is to be tried;
(2) A rule or ruling of a court of this State or of the United States; or
(3) The Attorney General; [2009, c. 181, §1 (AMD).]
D. A victim or victim's agent or attorney, subject to reasonable limitations to protect the interest described in subsection 1; or [2009, c. 181, §2 (AMD).]
E. An advocate, as defined in section 53-B, subsection 1, paragraph A, with a specific agreement with a criminal justice agency and subject to reasonable limitations to protect the interests described in subsection 1. An agreement between an advocate and a criminal justice agency must, at a minimum, include provisions that:
(1) Permit the advocate to use reports or records that contain intelligence and investigative information for the purpose of planning for the safety of the victim named in the reports;
(2) Prohibit the advocate from further disseminating reports or records that contain intelligence and investigative information;
(3) Require the advocate to ensure that reports or records that contain intelligence and investigative information remain secure and confidential;
(4) Require the advocate to destroy reports or records that contain intelligence and investigative information within 30 days after receiving the report or record;
(5) Permit the criminal justice agency to perform reasonable and appropriate audits in order to ensure that records containing intelligence and investigative information that are obtained by and that are in the custody of the advocate are maintained in accordance with the requirements of this paragraph;
(6) Require the advocate to indemnify and hold harmless the criminal justice agency with respect to any litigation that may result from the provision of reports or records that contain intelligence and investigative information;
(7) Permit the criminal justice agency to immediately and unilaterally revoke an agreement made pursuant to this paragraph; and
(8) Provide sanctions for any violations of this paragraph.
The Commissioner of Public Safety may adopt a model policy to standardize the provisions contemplated in this paragraph. [2009, c. 181, §3 (NEW).]
[ 2009, c. 181, §§1-3 (AMD) .]
4. Unlawful dissemination of reports or records that contain intelligence and investigative information. A person that intentionally disseminates a report or record that contains intelligence and investigative information in violation of this section commits a Class E crime.
[ 2009, c. 181, §4 (NEW) .]
SECTION HISTORY
1979, c. 433, §2 (NEW). 1981, c. 64, (AMD). 1983, c. 787, §2 (AMD). 1985, c. 552, (AMD). 1991, c. 729, §3 (AMD). 1991, c. 837, §B5 (AMD). 1993, c. 376, §1 (AMD). 1993, c. 719, §12 (AFF). 1993, c. 719, §7 (AMD). 1995, c. 135, §1 (AMD). 1997, c. 456, §10 (AMD). 1999, c. 155, §A5 (AMD). 1999, c. 305, §1 (AMD). 2001, c. 532, §§1,2 (AMD). 2003, c. 402, §§1,2 (AMD). 2009, c. 181, §§1-4 (AMD).
Subchapter 8: CRIMINAL HISTORY RECORD INFORMATION ACT
§614. Limitation on dissemination of intelligence and investigative information
1. Limitation on dissemination of intelligence and investigative information. Reports or records that contain intelligence and investigative information and that are prepared by, prepared at the direction of or kept in the custody of a local, county or district criminal justice agency; the Bureau of State Police; the Department of the Attorney General; the Maine Drug Enforcement Agency; the Office of State Fire Marshal; the Department of Corrections; the criminal law enforcement units of the Department of Marine Resources or the Department of Inland Fisheries and Wildlife; or the Department of Conservation, Division of Forest Protection when the reports or records pertain to arson are confidential and may not be disseminated if there is a reasonable possibility that public release or inspection of the reports or records would:
A. Interfere with law enforcement proceedings; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
B. Result in public dissemination of prejudicial information concerning an accused person or concerning the prosecution's evidence that will interfere with the ability of a court to impanel an impartial jury; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
C. Constitute an unwarranted invasion of personal privacy; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
D. Disclose the identity of a confidential source; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
E. Disclose confidential information furnished only by the confidential source; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
F. Disclose trade secrets or other confidential commercial or financial information designated as such by the owner or source of the information or by the Department of the Attorney General; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
G. Disclose investigative techniques and procedures or security plans and procedures not generally known by the general public; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
H. Endanger the life or physical safety of any individual, including law enforcement personnel; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
I. Disclose conduct or statements made or documents submitted by any person in the course of any mediation or arbitration conducted under the auspices of the Department of the Attorney General; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
J. Disclose information designated confidential by some other statute; or [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
K. Identify the source of complaints made to the Department of the Attorney General involving violations of consumer or antitrust laws. [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
[ 1999, c. 155, Pt. A, §5 (AMD) .]
1-A. Limitation on release of identifying information; cruelty to animals. The names of and other identifying information on persons providing information pertaining to criminal or civil cruelty to animals to the Department of Agriculture, Food and Rural Resources is confidential information and may not be disseminated.
[ 1997, c. 456, §10 (NEW) .]
2. Exception to this limitation.
[ 2001, c. 532, §1 (RP) .]
3. Exceptions. Nothing in this section precludes dissemination of intelligence and investigative information to:
A. Another criminal justice agency; [2001, c. 532, §1 (NEW).]
B. A state agency responsible for investigating abuse, neglect or exploitation of children under Title 22, chapter 1071 or incapacitated or dependent adults under Title 22, chapter 958-A for use in the investigation of suspected abuse, neglect or exploitation; [2003, c. 402, §1 (AMD).]
C. An accused person or that person's agent or attorney if authorized by:
(1) The district attorney for the district in which that accused person is to be tried;
(2) A rule or ruling of a court of this State or of the United States; or
(3) The Attorney General; [2009, c. 181, §1 (AMD).]
D. A victim or victim's agent or attorney, subject to reasonable limitations to protect the interest described in subsection 1; or [2009, c. 181, §2 (AMD).]
E. An advocate, as defined in section 53-B, subsection 1, paragraph A, with a specific agreement with a criminal justice agency and subject to reasonable limitations to protect the interests described in subsection 1. An agreement between an advocate and a criminal justice agency must, at a minimum, include provisions that:
(1) Permit the advocate to use reports or records that contain intelligence and investigative information for the purpose of planning for the safety of the victim named in the reports;
(2) Prohibit the advocate from further disseminating reports or records that contain intelligence and investigative information;
(3) Require the advocate to ensure that reports or records that contain intelligence and investigative information remain secure and confidential;
(4) Require the advocate to destroy reports or records that contain intelligence and investigative information within 30 days after receiving the report or record;
(5) Permit the criminal justice agency to perform reasonable and appropriate audits in order to ensure that records containing intelligence and investigative information that are obtained by and that are in the custody of the advocate are maintained in accordance with the requirements of this paragraph;
(6) Require the advocate to indemnify and hold harmless the criminal justice agency with respect to any litigation that may result from the provision of reports or records that contain intelligence and investigative information;
(7) Permit the criminal justice agency to immediately and unilaterally revoke an agreement made pursuant to this paragraph; and
(8) Provide sanctions for any violations of this paragraph.
The Commissioner of Public Safety may adopt a model policy to standardize the provisions contemplated in this paragraph. [2009, c. 181, §3 (NEW).]
[ 2009, c. 181, §§1-3 (AMD) .]
4. Unlawful dissemination of reports or records that contain intelligence and investigative information. A person that intentionally disseminates a report or record that contains intelligence and investigative information in violation of this section commits a Class E crime.
[ 2009, c. 181, §4 (NEW) .]
SECTION HISTORY
1979, c. 433, §2 (NEW). 1981, c. 64, (AMD). 1983, c. 787, §2 (AMD). 1985, c. 552, (AMD). 1991, c. 729, §3 (AMD). 1991, c. 837, §B5 (AMD). 1993, c. 376, §1 (AMD). 1993, c. 719, §12 (AFF). 1993, c. 719, §7 (AMD). 1995, c. 135, §1 (AMD). 1997, c. 456, §10 (AMD). 1999, c. 155, §A5 (AMD). 1999, c. 305, §1 (AMD). 2001, c. 532, §§1,2 (AMD). 2003, c. 402, §§1,2 (AMD). 2009, c. 181, §§1-4 (AMD).
Subchapter 8: CRIMINAL HISTORY RECORD INFORMATION ACT
§614. Limitation on dissemination of intelligence and investigative information
1. Limitation on dissemination of intelligence and investigative information. Reports or records that contain intelligence and investigative information and that are prepared by, prepared at the direction of or kept in the custody of a local, county or district criminal justice agency; the Bureau of State Police; the Department of the Attorney General; the Maine Drug Enforcement Agency; the Office of State Fire Marshal; the Department of Corrections; the criminal law enforcement units of the Department of Marine Resources or the Department of Inland Fisheries and Wildlife; or the Department of Conservation, Division of Forest Protection when the reports or records pertain to arson are confidential and may not be disseminated if there is a reasonable possibility that public release or inspection of the reports or records would:
A. Interfere with law enforcement proceedings; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
B. Result in public dissemination of prejudicial information concerning an accused person or concerning the prosecution's evidence that will interfere with the ability of a court to impanel an impartial jury; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
C. Constitute an unwarranted invasion of personal privacy; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
D. Disclose the identity of a confidential source; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
E. Disclose confidential information furnished only by the confidential source; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
F. Disclose trade secrets or other confidential commercial or financial information designated as such by the owner or source of the information or by the Department of the Attorney General; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
G. Disclose investigative techniques and procedures or security plans and procedures not generally known by the general public; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (RPR).]
H. Endanger the life or physical safety of any individual, including law enforcement personnel; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
I. Disclose conduct or statements made or documents submitted by any person in the course of any mediation or arbitration conducted under the auspices of the Department of the Attorney General; [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
J. Disclose information designated confidential by some other statute; or [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
K. Identify the source of complaints made to the Department of the Attorney General involving violations of consumer or antitrust laws. [1993, c. 719, §12 (AFF); 1993, c. 719, §7 (NEW).]
[ 1999, c. 155, Pt. A, §5 (AMD) .]
1-A. Limitation on release of identifying information; cruelty to animals. The names of and other identifying information on persons providing information pertaining to criminal or civil cruelty to animals to the Department of Agriculture, Food and Rural Resources is confidential information and may not be disseminated.
[ 1997, c. 456, §10 (NEW) .]
2. Exception to this limitation.
[ 2001, c. 532, §1 (RP) .]
3. Exceptions. Nothing in this section precludes dissemination of intelligence and investigative information to:
A. Another criminal justice agency; [2001, c. 532, §1 (NEW).]
B. A state agency responsible for investigating abuse, neglect or exploitation of children under Title 22, chapter 1071 or incapacitated or dependent adults under Title 22, chapter 958-A for use in the investigation of suspected abuse, neglect or exploitation; [2003, c. 402, §1 (AMD).]
C. An accused person or that person's agent or attorney if authorized by:
(1) The district attorney for the district in which that accused person is to be tried;
(2) A rule or ruling of a court of this State or of the United States; or
(3) The Attorney General; [2009, c. 181, §1 (AMD).]
D. A victim or victim's agent or attorney, subject to reasonable limitations to protect the interest described in subsection 1; or [2009, c. 181, §2 (AMD).]
E. An advocate, as defined in section 53-B, subsection 1, paragraph A, with a specific agreement with a criminal justice agency and subject to reasonable limitations to protect the interests described in subsection 1. An agreement between an advocate and a criminal justice agency must, at a minimum, include provisions that:
(1) Permit the advocate to use reports or records that contain intelligence and investigative information for the purpose of planning for the safety of the victim named in the reports;
(2) Prohibit the advocate from further disseminating reports or records that contain intelligence and investigative information;
(3) Require the advocate to ensure that reports or records that contain intelligence and investigative information remain secure and confidential;
(4) Require the advocate to destroy reports or records that contain intelligence and investigative information within 30 days after receiving the report or record;
(5) Permit the criminal justice agency to perform reasonable and appropriate audits in order to ensure that records containing intelligence and investigative information that are obtained by and that are in the custody of the advocate are maintained in accordance with the requirements of this paragraph;
(6) Require the advocate to indemnify and hold harmless the criminal justice agency with respect to any litigation that may result from the provision of reports or records that contain intelligence and investigative information;
(7) Permit the criminal justice agency to immediately and unilaterally revoke an agreement made pursuant to this paragraph; and
(8) Provide sanctions for any violations of this paragraph.
The Commissioner of Public Safety may adopt a model policy to standardize the provisions contemplated in this paragraph. [2009, c. 181, §3 (NEW).]
[ 2009, c. 181, §§1-3 (AMD) .]
4. Unlawful dissemination of reports or records that contain intelligence and investigative information. A person that intentionally disseminates a report or record that contains intelligence and investigative information in violation of this section commits a Class E crime.
[ 2009, c. 181, §4 (NEW) .]
SECTION HISTORY
1979, c. 433, §2 (NEW). 1981, c. 64, (AMD). 1983, c. 787, §2 (AMD). 1985, c. 552, (AMD). 1991, c. 729, §3 (AMD). 1991, c. 837, §B5 (AMD). 1993, c. 376, §1 (AMD). 1993, c. 719, §12 (AFF). 1993, c. 719, §7 (AMD). 1995, c. 135, §1 (AMD). 1997, c. 456, §10 (AMD). 1999, c. 155, §A5 (AMD). 1999, c. 305, §1 (AMD). 2001, c. 532, §§1,2 (AMD). 2003, c. 402, §§1,2 (AMD). 2009, c. 181, §§1-4 (AMD).
