An Act Amending the Time by Which a Sex Offender or Sexually Violent Predator Must Register. Part A incorporates the recommendations of the Commission to Improve the Sentencing, Supervision, Management and Incarceration of Prisoners. Part A of the amendment does the following. 1. It expands the responsibility of the judicial branch' S Drug Coordinator to include all criminal diversion programs and changes the title of the position to "Coordinator of Diversion and Rehabilitation Programs. Page 47-LR27l8(3) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1903
Committee Amendment CA_A_H860 (House)
Amends: 4 MRSA §422, 15 MRSA §1004, 17-A MRSA §7, 17-A MRSA §755, 17-A MRSA §1152, 17-A MRSA §1202, 17-A MRSA §12, 34-A MRSA §3036-A, 17-A MRSA §256, 17-A MRSA §258, 17-A MRSA §259, 17-A MRSA §1203, 17-A MRSA §1231, 17-A MRSA §1252, 19-A MRSA §1653, 30-A MRSA §288, 34-A MRSA §11202, 34-A MRSA §11203, 34-A MRSA §11221, 34-A MRSA §11222, 34-A MRSA §11225, 34-A MRSA §11227, 34-A MRSA §11253

COMMITTEE AMENDMENT "A" to H.P. 1409, L.D. 1903, Bill, "An 
Act To Further Implement the Recommendations of the Commission 
To 
Improve 
the 
Sentencing, 
Supervision, 
Management 
and 
Incarceration of Prisoners" 
Amend the bill by striking out the title and substituting 
the following: 
'An 
Act 
To 
Coomission To 
Further 
Implement 
the 
Recommendations 
of 
the 
Improve the Sentencing, Supervision, Management and 
of 
Prisoners 
and 
the 
Recommendations 
of 
the 
Improve 
Community 
Safety 
and 
Sex 
Offender 
Incarceration 
Coomission 
To 
Accountabili ty' 
Further amend the bill by striking out everything after the 
title and before the summary and inserting in its place the 
following: 
, Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 4 MRSA §422, sub-§I, as enacted by PL 1999, c. 780, 
§1, is repealed and the following enacted in its place: 
1. 
Coordinator of Diversion and Rehabilitation Programs. 
The judicial branch shall employ a Coordinator of Diversion and 
Rehabilitation 
Programs. 
The 
Coordinator 
of 
Diyersion 
and 
Rehabilitation Programs is responsible for helping the judicial 
branch 
e§tablish, 
staff, 
coordinate, 
operate 
and 
evaluate 
diversion and rehabilitation programs in the courts. 
COMMITTEE AMENDMENT 
~~. 
~,~ 
COMMITTEE AMENDMENT "~,, to H.P. 1409, L.D. 1903 
Sec. A-2. 4 MRSA §422, sub-§2, as enacted by PL 1999, c. 780, 
§1 and amended by PL 2001, c. 354, §3, is further amended to read: 
2. 
Pass-through services. 
The Administrative Office of the 
Courts, with the assistance of the 
t)~Q13--C-&aFt: Coordinator Qf 
Diversion and Rehabilitation Programs, may enter into cooperative 
agreements or contracts with: 
A. 
The Department of Behavioral and Developmental Services, 
Office 
of 
Substance 
Abuse 
or 
other 
federal-licensed 
treatment providers or state-licensed treatment providers to 
provide 
substance 
abuse 
services 
for 
alcohol 
and 
drug 
treatment program participants. 
To the extent possible, the 
alcohol and drug treatment programs must access existing 
substance abuse treatment resources for alcohol and drug 
treatment program participants; 
B. 
The Department of Corrections, Division of Community 
Corrections or other appropriate organizations to provide 
for 
supervision 
of 
alcohol 
and 
drug 
treatment 
program 
participants; 
C. 
The 
Department of Corrections 
or other 
appropriate 
organizations to provide for drug testing of alcohol and 
drug treatment program participants; 
D. 
Appropriate organizations to provide for a drug court 
manager at each alcohol and drug treatment program location; 
aRe 
E. 
Appropriate organizations and agencies for training of 
alcohol and drug treatment program staff and for evaluation 
of alcohol and drug treatment program operationsTL 
F. Appropriate local, county and state governmental entities 
and 
otber 
appropriate 
Qrganizations 
and 
agencies 
to 
encourage the development of diversion and rehabilitation 
prQgrams; and 
G. Appropriate organizations and agencies for the prQvision 
Qf 
medical, 
educatiQnal, 
vocational. 
social 
and 
psychological 
services. 
training, 
cQunseling, 
residential 
care and other rehabilitative services designed to create, 
improve or coordinate diversiQn or rehabilitatiQn programs. 
Sec. A-3. 15 MRSA §1004, as amended by PL 1999, c. 788, §l, 
is further amended to read: 
§I004. 
Applicability and exclusions 
COMMITTEE AMENDMENT 
···i~' 
~~. 
COMMITTEE AMENDMENT "ff., to H.P. 1409, L.D. 1903 
This chapter applies to the setting of bail for a defendant 
in a criminal proceeding, including the setting of bail for an 
alleged contemnor in a plenary contempt proceeding involving a 
punitive sanction under the Maine Rules of Criminal Procedure, 
Rule 42 or the Maine Rules of Civil Procedure, Rule 66. 
It does 
not apply to the setting of bail in extradition proceedings under 
sections 201 to 229 or post-conviction review proceedings under 
sections 2121 to 2132, 
probation revocation proceedings under 
Title 
-A, 
sections 
1205 
to 
1207 
eFL 
supervised 
release 
revocation 
proceedings 
under 
Title 
-A, 
section 
1233 
or 
administrative release revocation proceedings under Title 17 -A, 
sections 1349 to l349-F, 
except to the extent and under the 
conditions stated in those sections. 
This chapter applies to the 
setting of bail for an alleged contemnor in a summary contempt 
proceeding involving a punitive sanction under the Maine Rules of 
Criminal 
Procedure, 
Rule 
or 
the 
Maine 
Rules 
of 
Civil 
Procedure, 
Rule 66 and to the setting of bail relative to a 
material witness only as specified in sections 1103 and 1104, 
respectively. 
Sec. A·4. 17·A MRSA §40S, as enacted by PL 1989, c. 263, is 
repealed and the following enacted in its place: 
§405. 
Burgla~ of motor vehicle 
1. 
A person is guilty of burglary of a motor vehicle if: 
A. 
The person enters a motor vehicle. 
knowing that the 
person is not licensed or privileged to do so, with the 
intent 
to 
commit 
a 
crime 
therein. 
Violation of 
this 
paragraph is a Class D crime: or 
B. 
The person violates paragraph A, and the person forcibly 
enters a motor vehicle that is locked. 
Violation of this 
paragraph is a Class C crime. 
2-A. 
As used in subsection 1, "forcibly" means with the use 
of a burglar'§ tool or by the use of physical force that damages 
or destroys the motor vehic;le. 
"Burglar's tool" mean§ any device 
described in section 403. subsection 1, paragraph A. 
Sec. A-S. 17-A MRSA §7SS, sub·§l.A, 1[A, as enacted by PL 2001, 
c. 383, §91 and affected by §156, is amended to read: 
A. 
~ai~s-~~-=~pea~-fe~-~~r-~eF-~~~-~~-fe~-~-ffiee~iB~ 
Wi~B-~~-peFsea~s-~~~~¥~-S~~~~&~~-P~e~~am-~~-~--eF 
e~BeFwise-~~~~~~~-viela~es Violates a curfew, time or 
travel restriction. 
Violation of this paragraph is a Class 
C crime; or 
COMMITTEE AMENDMENT 
~: 
COMMITTEE AMENDMENT "~,, to H.P. 1409, L.D. 1903 
Sec. A-6. 17-A MRSA §755, sub·§1·B, 1JA, as enacted by PL 2001, 
c. 383, §92 and affected by §156, is amended to read: 
A. 
~a~*s-~~-&pp&&~-~e£-~~.r-~eE-~--&~-~e~-~-~ee6ia~ 
w~~a--~aa~--peFsea~s--sQpe~visia~--e~fieeF--e~--ia~ea~~eaa±±y 
fai±s ~ 
to return to the correctional facility from 
which 
transfer 
was 
made 
upon 
the 
direction 
of 
the 
Commissioner 
of 
Corrections 
or 
otherwise 
intentionally 
violates a curfew, residence, time or travel restriction. 
Violation of this paragraph is a Class C crime; or' 
Sec. A·7. 17-A MRSA §1152, sub-§2, 1JH, as amended by PL 1995, 
c. 136, §2, is further amended to read: 
H. 
A county jail reimbursement fee as authorized by chapter 
54-B; e~ 
Sec. A-S. 17-A MRSA §1152, sub-§2, 1fI, as enacted by PL 1995, 
c. 136, §3, is amended to read: 
I. 
A specified number of hours of community service work as 
authorized by chapter 54-CTL 
Sec. A-9. 17-A MRS A §1152, sub-§2, 1J1JJ to L are enacted to read: 
J. 
Deferred disposition as authorized by chapter 54-F: 
K. 
A fine. 
suspended in whole or in part. with. at the 
court's discretion. administrative release as authorized by 
chapter 54-G; or 
L. 
A suspended term of imprisonment with administrative 
release as authorized by chapter 54-G. 
Sec. A-10. 17·A MRSA §1201, sub-§1, 1J1JA.1 and A-2 are enacted 
to read: 
A 1. 
The conviction is for a Class D or Class E crime other 
than 
any 
Class 
D 
crime 
committed against 
a 
family 
or 
hQusehold member under chapter 9 Qr 13 Qr sectiQn 506-B, 
554, 555 or 758: any Class D or Class E crime in chapter 11 
Qr 12; a Class D or Class E crime under section 556. 854, 
excluding subsection 1, paragraph A, 
subparagraph (1), or 
855; and the Class D or Class E crime under Title 29-A, 
section 2411, subsection I-A, paragraph B. 
As used in this 
paragraph, "family or hQusehold member" has the same meaning 
a§ in Title 19-A. section 4002, subsection 4; 
COMMITTEE AMENDMENT 
,'~ ~~~' 
..... 
~ , 
" 
COMMITTEE AMENDMENT" /t" to H.P. 1409, L.D. 1903 
A-2. 
The 
court 
sentences 
the 
person 
to 
a 
sentencing 
alternative under section 1152 that includes a period of 
administrative release: 
Sec. A-II. 17-A MRSA §1202, sub-§l, as repealed and replaced 
by PL 1985, c. 821, §5, is amended to read: 
1. 
A person convicted of a Class A crime may be placed on 
probation for a period not to exceed 9 ~ years; for a Class B 9~ 
~;!,a.e;-6--~ crime, for a period of probation not to exceed --4--
.3. 
years; aaa for a Class C crime. for a period of probation not to 
exceed 2 years: and for Class D and Class E crimes, for a period 
not to exceed one year. 
Sec. A-12. 17-A MRS A §1202, sub-§l-A, ~A-l is enacted to read: 
A-I. 
If the State pleads and proves that the person was 
convicted of committing against a family or household member 
a crime under chapter 9 or 13 or section 554 or if the 
person was convicted under chapter 11 or 12 or section 556. 
the period of probation may not exceed: 
(1) 
Six years for a Class A crime: or 
(2) 
Four years for a Class B or Class C crime. 
Ali used in this paragraph. "family or household member" has 
the same meaning as in Title 19-A. section 4002. subsection 
4: and 
Sec. A-13. 17-A MRSA §1202, sub-§2-A is enacted to read: 
2-A. 
Once 
the 
period 
of 
probation has 
commenced. 
on 
application of 
the 
probation officer. 
or of 
the 
person on 
probation. or on the court's own motion. the court may convert at 
any time a 
p~riod of probation for a Class D or Class E crime to 
a 
period 
of 
administrative 
release. 
A 
conversion 
to 
administrative release may not be ordered upon the motion of the 
person on probation unless notice of the motion is given to the 
probation officer by the person on probation. 
The provisions of 
chapter 54-G apply when probation is converted to administrative 
release. 
Conversion to administrative release serves to relieve 
the person 
on probation of 
any obligations 
imposed 
by 
the 
probation conditions. 
Sec. A-14. 17-A MRSA §1202, sub-§3, as amended by PL 1991, c. 
258, is further amended to read: 
COMMITTEE AMENDMENT 
.!.1Qr~ 
It ' .'l\,. 
\i~.~'t"" 
COMMITTEE AMENDMENT "~,, to H.P. 1409, L.D. 1903 
3. 
QB 
Once 
the period of probation has 
cOmmenced. 
on 
application of the probation officer, 
or of 
the 
person on 
probation, or on its own motion, the court may terminate at any 
time a period of probation and discharge the convicted person at 
any time earlier than that provided in the sentence made pursuant 
to subsection 1, if warranted by the conduct of such person. 
A 
termination and discharge may not be ordered upon the motion of 
the person on probation unless notice of the motion is given to 
the 
probation 
officer 
by 
the 
person 
on 
probation. 
Such 
termination and discharge 
sRa~~--SeFye serves to relieve the 
person on probation of any obligations imposed by the sentence of 
probation. 
Sec. A-IS. 17-A MRSA §12S3, sub-§2, fA is enacted to read: 
A. 
For any person who commits a crime on or after August 1. 
2004 ( is subsequently sentenced to a term of imprisonment 
for that crime and is entitled to receive a day-for-day 
deduction pursuant to this subsection. up to 2 additional 
days per calendar month may Qe credited to that deduction if 
the person's conduct during that period of detention was 
such that the credit is determined to Qe warranted in the 
discretion of 
the 
chief 
administrative 
officer 
of 
the 
facility in which the per SOD has previously been detained. 
Credits under this paragraph must be calculated as follows 
for partial calendar months: 
Days of partial month 
to 15 days 
to 31 days 
Maximum credit 
availaQle 
up to 1 
UP to 2 
The sherlff or other person required to furnish a statement 
showing 
the 
length 
of 
detention 
shall 
also 
furnish 
a 
statement showing the numQer of days credited pursuant to 
this paragraph. 
Detention awaiting triaL during trial. post-trial awaiting 
sentencing or post-sentencing prior to the date on which a 
sentence commences to run i~ not punishment. 
Sec. A-16. 17-A MRSA §12S3, sub-§6-A, as amended by PL 1995, 
c. 433, §2, is further amended to read: 
6-A. 
When 
a 
judgment of conviction involving a 
term of 
imprisonment is vacated or 
a 
sentence involving 
a 
term of 
imprisonment is revised or reviewed and a new sentence involving 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1409, L.D. 1903 
a term of imprisonment is thereafter imposed upon the person for 
the same offense, day-for-day credit must be accorded on the new 
sentence both for each day the person served in execution of the 
initial 
sentence 
and 
for 
all 
previously 
earned 
deductions 
specified in subsections 4, 5 aBsL 8, 9 and 10 and Title 30-A, 
section 1606. 
Prior to the day-for-day credit being given on the 
new sentence, the new sentence must, after first having been 
reduced by any deductions specified in subsection 2 previously or 
subsequently 
received, 
have 
applied 
to it 
the 
controlling 
deduction specified in either subsection 3 or 3-B, if applicable. 
Sec. A-17. 17-A MRS A §1253, sub-§7, as repealed and replaced 
by PL 1995, c. 433, §3, is amended to read: 
7. 
Notwithstanding the fact that subsections 3, 3-B and 4 
directly address only persons who are committed to the custody of 
the Department of Corrections, they apply also to persons who are 
committed to the custody of a sheriff. 
Subsection 5 sees ~ 
subsection 10, 
paragraph B do not apply to persons who 
are 
committed to the custody of a sheriff. 
Sec. A-IS. 17-A MRS A §1253, sub-§§9 to 13 are enacted to read: 
9. 
Time may be deducted from a term of imprisonment as. a 
result of conduct in accordance with this subsection. 
A. 
For a person who commits a crime, except for a crime set 
forth in subparagraphs (1) to (6), on or after August L 
2004 and is subsequently sentenced to a term of imprisonment 
for that crime, 
up to 4 days per calendar month may be 
deducted 
from 
that 
term, 
calculated 
from 
the 
date 
of 
commencement of that term as specified under subsection 1, 
if that person's conduct during that month is such that the 
deduction is determined to be warranted in the discretion of 
the chief administrative officer of the state facility or 
the sheriff of 
the county jail. 
Deductions under this 
paragraph may not be applied to the sentence of a person who 
Commits: 
(1) 
Murder: 
(2) 
A crime under chapter II: 
(3) 
A crime under section 556: 
(4) 
A crime under section 854, excluding subsection 1, 
paragraph A, subparagraph (I): 
(5) 
A crime under chapter 12: Qr 
COMMITTEE AMENDMENT 
'~F":'~~~~~' 
COMMITTEE AMENDMENT .. ~ 
.. to H.P. 1409, L.D. 1903 
(6) 
A crime against a family or household member under 
chapter 9 or 13 or section 506-B. 554. 555 or 758. 
Deductions 
under 
this 
paragraph 
must 
be 
calculated 
as 
follows for partial calendar months: 
Days of partial month 
to 7 days 
to 15 days 
to 23 days 
to 31 days 
Maximum deduction 
available 
YP tQ 1 
up to 2 
up to J 
up tQ 4 
B. 
Any portion of the time dedycted from the sentence Qf 
any person pyrsyant to this subsectiQn may be withdrawn by 
the chief administrative Qfficer of the state facility for a 
gisciplinary Qffense or fQr the violation Qf any law of the 
State in accQrdance with Title 34-A. section 3032 and the 
rules adopted ynder that section. Qr by the sheriff Qf the 
cQynty 
jail 
in 
accQrgance 
with 
jail 
disciplinary 
procedures. 
Deductions may be withgrawn fQr mQnths already 
serveg or yet to be serveg by the person up to and incluging 
th§ maximum aythorizeg fQr that sentence. 
C. 
The chief administrative Qfficer Qf the state facility 
Qr the sheriff of the cQynty jail may restQre any portiQn of 
d§ductiQns that have been withdrawn ynger paragraph B if the 
person's later cQndyct is such that the restQratiQn is 
getermineg tQ be warranted in the discretion Qf the chief 
adffiini§trative Qfficer Qr the sheriff. 
10. 
Time may be deducted from a term Qf imprisQnm§nt as a 
result Qf fulfillment Qf assigned responsibilities in accQrdance 
with this subsectiQn. 
A. 
In agditiQn tQ the days Qf dedyctiQn prQvided fQr in 
sybsection 9. paragraph A. 
fQr 
any persQn who 
cQmmits 
a 
crime. except for a crime set forth in subparagraphs (1) to 
(6) Qn or after August I. 2004 ang is subsequently sentenced 
tQ a term Qf imprisonment for that crime. !.!.P tQ 3 days per 
calendar mQnth may be dedycteg from that term. calculated 
from the date of commencement of that term as specified 
under 
subsection 
1. 
if 
that 
persQn' s 
fulfillment 
of 
responsibilities assigned in the person's transitiQn plan 
for work. edycation or rehabilitation programs during that 
month is 
such that 
the 
dedYction is determined to 
be 
warranted in the discretion of the chief administrative 
Qfficer of the state facility or the sheriff of the county 
COMMITTEE AMENDMENT 
\.~, ,:~~<ft:· 
~"~, '''' '." 
.,: ... 
COMMITTEE AMENDMENT "A" to H.P. 1409, L.D. 1903 
jail. 
Deductions under this paragraph may not be applied to 
the sentence of a person who commits: 
(1) 
Murder; 
(2) 
A crime under chapter 11; 
(3) 
A crime under section 556; 
(4) 
A crime under section 854. excluding subsection I. 
paragraph A. subparagraph (1); 
(5) 
A crime under chapter 12; or 
(6) 
A crime against a family or household member under 
chapter 9 or 13 or section S06-B. 554. 555 or 758. 
Deductions 
under 
this 
paragraph 
must 
be 
calculated 
as 
follows for partial calendar months; 
Days of partial month 
I to 10 days 
to 20 days 
to 31 days 
Maximum deduction 
available 
up to 1 
up to 2 
up to 3 
B. 
In addition to the days of deduction provided for in 
paragraph A. for any person who commits a crime. except for 
a crime set forth in subparagraphs (1) to (6). on or after 
August 1. 2004 and is subsequently sentenced to a term of 
imprisonment for that crime to a state facility. up to 2 
days per calendar month may also be deducted from that term. 
calculated from the date of cOmmencement of that term as 
specifieg under subsection 1. if that person's fulfillment 
of responsibilities assigned in the person's transition plan 
for 
community work. 
edycation or rehabilitation programs 
during that month is such that the deduction is determined 
to 
be 
warranted 
in 
the 
discretion 
of 
the 
chief 
administrative officer of the state facility. 
Deductions 
under this paragraph may not be applied to the sentence of a 
person who commits; 
(1) 
Murder; 
(2) 
A crime under chapter 11; 
(3) 
A crime under section 556: 
COMMITTEE AMENDMENT 
'q~,\~{\~' 
COMMITTEE AMENDMENT "A" to H.P. 1409, L.D. 1903 
(4) 
A crime under section 854, excluding subsection 1, 
paragraph A, subparagraph (1): 
(5) 
A crime under chapter 12: or 
(6) 
A crime against a family or household member under 
chapter 9 or 13 or section 506-B, 554, 555 or 758. 
Deductions 
under 
this 
paragraph 
must 
be 
calculated as 
follow§ for partial calendar months: 
Dgys of pgrtial month 
to 15 days 
tg 31 days 
Mgximum deduction 
available 
up to 1 
UP to 2 
C. 
Any portion of tile time deducted from the sentence of 
any person pursuant to this subsection mgy be withdrawn by 
the chief administrative officer of the state facility for a 
disciplinary offense or for the violation gf gny law of the 
State in gccordance with Title 34-A, section 3032 and the 
rules adopted under that section, gr by the sheriff of the 
county jail in accordance with jail disciplingry procedures. 
Deductions may be withdrawn for months alregdy served or yet 
to be served by the penon up to and including the maximum 
autilgrizeg fgr that sentence. 
R. 
Tile chief administrative officer of the stgte hcility 
gr the sheriff gf the county jail may restore any portion of 
deductiQns that have been withdrgwn under pgrggraph C if the 
person's later conguct and fUlfillment of resPQnsibilities 
assigneg in the persQn's trgnsitiQn plan fQr wQrk, educatiQn 
or rehgbilitation programs arg such that the rgstorgtion is 
determined tQ be warranted in the discretion Qf the chief 
administrative Qfficer Qr the sheriff. 
11. 
As used in this sectiQn, "family Qr househgld member" 
has the same meaning as in Title 19-A, sectiQn 4002, subsection 4. 
12. 
SubsectiQns 9 and 10 supersege subsectiQns 3, 3 -B, 4, 
5, 6 and 8 tor a person who commits a crime other thgn murder and 
for a person who cgmmits a crime under chgpter 11 or 12: under 
section 556: under section 854, excluding subsectign 1, pgragraph 
A, 
subparagraph (1): or against a 
family or househQld member 
under cilaptgr 9 or 13, section 506-B, 
554« 
or 758, on gr 
after August 1, 2004. 
13. 
If a court imposes a sentencing alternative pursuant to 
section 1152 that includes a term of imprisonment, in setting the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A " to H.P. 1409, L.D. 1903 
appropriate length of that term, 
as well 
as 
an 
unsuspended 
portion of that term, if any, the court may not consider the 
potential impact of deductions under subsections 2, 3, 3-B, 4, 5, 
8, 
and 10 except in the context of a plea agreement in which 
both 
parties 
are 
recommenging 
to 
the 
court 
a 
particular 
gisposition under the Maine Rules of Criminal Procedure, Rule 
ll-A. 
Sec. A-19. 17-A MRS A cc. 54-F and 54-G are enacted to read: 
CHAPTER 54-F 
DEFERRRp DISposITION 
§1348. Eligibility for deferred di&position 
A person who has pleg guilty to a Class C, Class 0 or Class 
E crime. 8Jcept a crime expressly proyiging that one or more 
punishment alternatives it authorizes may not be suspendeg, and 
who consents tQ a deferreg gisposition in writing. is eligible 
for a deferred disposition. 
S1348-A. 
Deferred disposition 
1. 
Following the acceptance of a plea of guilty for a crime 
for which a person is eligible for a geferred disposition under 
section 1348, the court may order sentencing geferred to a gate 
certain or geterminable ang impose requirements upon the person, 
to be in effect during the period Qf deferment, considered by the 
cQurt to be reasonable and appropriate tQ assist the person to 
leag 
a 
law-abiding 
life. 
The 
court-imposeg 
geferment 
requirements must include a reguirement that the person refrain 
frQm criminal conduct. 
In exchange for the deferred sentencing, 
the 
person 
shall 
abide 
by 
the 
court-imposed 
geferment 
requirements. 
Unless 
the 
coyrt 
orders 
otherwise. 
the 
reguirements are immediately in effect. 
2. 
During the period of deferment and upon application of 
the persQn granted deferred gisposition pyrsuant to subsection 1 
or of the attorney for the State or ypon the coyrt's own motion, 
the court may, after a hearing upon notice to the attorney for 
the State and the person, modify the reguirements imposed by the 
court, 
add further reguirements or relieve the person of any 
reguirement imposed by the court that, in the court's opinion, 
imposes an unreasonable burden on the person. 
3. 
During the period of deferment, bail does not apply. 
S1348-B. 
Court hearing as to final disposition 
COMMITTEE AMENDMENT 
,.~.\,J0, 
COMMITTEE AMENDMENT "~,, to H.P. 1409, L.D. 1903 
1. 
Unless a court hearing is sooner held under subsection 
2, at the conclusion of the period of deferment, after notice, a 
person who was granted deferred disposition pursuant to section 
1348-A shall return to court for a hearing on final disposition. 
If the 
court 
finds 
that the 
person has 
complied with 
the 
court-imposed deferment requirements, the court shall impose a 
sentence of unconditional discharge under section 1346, unless 
the attorney for the State. prior to sentence imposition, moves 
the court to allow the person to withdraw the plea of guilty. 
Except over the objection of the defendant, the court shall grant 
the 
Sta,te's motion. 
Following the 
gra,nting of 
the Sta,te's 
motion, the attorney for the State sha,ll dismiss the pending 
cba,rging instrument with prejudice. 
If the court finds that the 
person has inexcusably failed to comply with the court-imposed 
deferment 
requirements, 
the 
court 
sha,ll 
impose 
a, 
sentencing 
alternative a,uthorized for the crime to wbich the person pled 
guilty. 
~. 
If during the period of deferment the a,ttorney for the 
State ha,~ proba,ble ca,use to believe tha,t a person who was gra,nted 
deferred disPQsition pursua,nt to sectiQn 1348-A ha,s violated a 
cgurt-impQsed deferment requirement, the attQrney fQr the State 
may move tbe cQurt to termina,te the remainder Qf the period of 
deferment and impQse sentence. 
FgIIQwing nQtice a,nd hearing, if 
the cgurt finds by a preponderance gf the evidence that the 
persQn has inexcusably failed to comply with a 
cQurt-impQsed 
deferment requirement, the cgurt may cgntinue the running of the 
pefigd gf deferment with tbe requirements uncha,nged. mQdify the 
requirements, a,dd further requirements gr terminate the running 
of the ];!eriQd Qf deferment and impose a sentencing alternative 
authorized fgr the crime to which the persQn pled guilty. 
If the 
court finds that the persQn bas not inexcusably failed tQ cQmply 
with R court-irnpgsed deferment requirement, the CQurt may Qrder 
that the running of the periQd gf deferment continue Qr, after 
nQtice Rnd hearing. take any Qther actign permitted under this 
chapter. 
3. 
A hearing under this sectign or section 1348-A must be 
held in the cQurt that orgered the deferreg gispositiQn. 
The 
heRring need 
nQt be 
congucteg by the justice or 
jugge 
wbo 
originally grdered the geferred di§pgsition. 
4, 
The person at a hea,fing unger this sectiQn Qr section 
1348-A 
must 
be 
affordeg 
the 
opportunity 
tQ 
confront 
and 
cross-examine witnesses against the persQn, to present evidence 
gn that persQn's own behalf and to be representeg by cQunsel. 
If 
the persgn who 
was granted deferred dispositiQn pursuant to 
sectiQn 1348-A can not afforg counsel, the cQurt shall appoint 
cQunsel for the person. 
Assignment of counsel and withdrawal Qf 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1409, L.D. 1903 
counsel must be in accordance with the Maine Rules of Criminal 
Procedure. 
5. 
A summons must be used to order a person who was granted 
deferred disposition pursuant to section 1348-A to appear for a 
hearing under this section. 
If the person can be located and 
served with a 
summons, 
the attorney for 
the State may 
not 
commence 
a 
hearing under this section by having the person 
arrested, except that a person who fails to appear as required 
may be arrested pursuant to a bench warrant or an order of arrest. 
6. If a person who was granted deferred disposition pursuant 
to section 1348-A can not, with due diligence, be located, the 
attorney for the State shall file a written notice of this fact 
with the court that ordered the deferred disposition. 
If the 
hearing is for a final disposition at the conclusion of the 
period of deferment. 
and the person fails to appear at that 
hearing, the person may be arrested pursuant to a bench warrant 
or an orggr of arrgst. 
If the hearing is to dghrmine whether 
thg pgrson has inexcusably failed to comply with a court-imposed 
dgfgrmgnt requirement, the attorngy for the State shall apply for 
a warrant of arrest in accordance with Rule 41 of the Maine Rules 
of CriminAl Procedure. 
§1348-C. 
Limited review by APPeal 
A pgrson is precluded from seeking to attack the legality of 
a dgferred gisposition, inCluding a final gisposition, except 
thAt 
A pgrson who 
has been dgtgrmined by 
a 
court to have 
inexcu§ably faileg to 
comply with 
a 
court-imposed deferment 
requirement ang thereafter has begn sentenced to An alternative 
authQrized fgr the crime may appeAl to the LAW CQurt, but not as 
gf right. 
The time for taking the appeAl ang the manngr and any 
congitiQns 
fQr 
the taking of the appgal are as the Supreme 
Jugicial ~ourt proviges by rulg. 
CHAPTER 54-G 
ADMINISTRAIIVE RELEASE 
§1349. 
Eligibility for sentence alternative that includes 
perio4 of administrative release 
A person whg has been cQnvicted of a Class D Qr Class E 
crime may be sentenced to a sentence al ternatiye under section 
1152 that includes a period of administrative release, unless: 
A. 
The statute that the person is convicted of violating 
expressly provides that the fine and imprisonment penalties 
it authorizes 
may 
not 
be 
suspended, 
in which case the 
COMMITTEE AMENDMENT 
,,;y!::~~{~. 
COMMITTEE AMENDMENT .. k 
. to H.P. 1409, L.D. 1903 
convicted person must be sentenced to the imprisonment and 
required to pay the fine authorized therein: 
B t 
The 
court 
sentences 
the 
person 
to 
a 
sentencing 
alternative under section 1152 that includes a period of 
prQbation: Qr 
C. 
The court finds that such a sentence wQuld diminish the 
gravity Qf the Grime fQr which that persQn was cQnvicted. 
§1349-A. 
Period of administrative release 
1. 
A persQn who has been cQnviGted of a Class D or Class E 
crime may be placed on administrative release fQr a period not to 
exceed Qne year. 
2. 
During the periQd of administrative release and upon 
applicatiQn of a persQn placed on administrative release or of 
the att9rney for the State or up9n the cQurt' s Qwn motion, the 
C9Urt may, after a hearing upon notice tQ the attorney fQr the 
Stgte gnd the persQn, modify the requirements imposed by the 
court, 
gdd further requirements Qr relegse the persQn of any 
requirement imposed by the cQurt that. in the CQurt' s opinion. 
imposes Qn the person an unreasonable burden. 
3. 
On gpplication of the attorney fQr the State or of the 
person placed Qn administrative release Qr on the court's own 
mQtion, 
the 
court 
may 
terminate 
a 
period 
Qf 
gdministrgtive 
relegse gnd dischgrge the cQnvicted person at any time egrlier 
thgn that provided in the sentence mgde pursugnt to subsection 1 
if wgrranted by the conduct of such person. 
The court mgy not 
Qrder a termingtiQn Qf the periQg, of gdministrgtive release gng, 
g,ischgrge uPQn the m9tion Qf the pers9n placeg, Qn administrative 
release unl~ss notice of the mQtiQn is given tQ the attQrney fQr 
the State by the person placed on gdministrgtive relegse. 
The 
termingtiQn Qf the period of administrative relegse gnd dischgrge 
relieves the 
perSQn plgced on gdministrative release of 
any 
QbliggtiQns imposed by the sentence 9f administrgtive relegse. 
4. 
A justice, 
in order 
tQ 
comply with 
section 1256, 
subsection 8, may terminate 9 periog, Qf aCiministrgtive relegse 
that would g,elay commencement of a consecutive unsuspendeg, term 
Qf 
imprisQnment. 
A 
judge 
mgy 
terminate 
a 
periQd 
of 
administrgtive 
release 
that 
would 
delay 
commencement 
of 
a 
consecutive unsuspeng,ed term of imprisQnment if that judge has 
jurisdictiQn Qver each of the sentences involved. 
§1349-B. 
Suspended sentence with administrative release 
COMMITTEE AMENDMENT 
~ 
\ ;\"'::> 
~;1'tjt 
COMMITTEE AMENDMENT "k" to H.P. 1409, L.D. 1903 
1. 
The 
court 
may 
sentence 
a 
person 
to 
a 
term 
of 
imprisonment not to exceed the maximum term authorized for the 
Class D or Class E crime, suspend the entire term of imprisonment 
and accompany the suspension with a period of administrative 
release not to exceed the one year authorized under section 
1349-A, subsection 1. 
2. 
The court may sentence a person to a fine, not to exceed 
the maximum fine authorized fQr the Class D or Class E crime, 
suspend the fine in whole or in part and accompany the suspension 
with a period of administrative release not to exceed the one 
year autborized under section 1349-A, subsection 1. 
3. 
A sentence imposed under subsection 1 or subsection 2 
commences on the date the persQn goes into actual execution of 
the sentence. 
§1349-C. 
Requirements of administrative release 
1. 
If 
the 
court 
imposes 
a 
suspended 
sentence 
with 
admini§trative release under section 1349-B, 
the court shall 
attach regyirements of administrative release, a§ aythorized by 
tbis section, 
as the court determines to be 
reasonable 
and 
appropriate to help ensyre accountability and rehabilitation of 
the person. 
The court-imposed reguirements of administrative 
release myst include a 
reguirement that the convicted person 
refrain 'rom criminal conduct. 
2, 
In addition to a reguirement that the convicted person 
refrain 
from 
criminal 
conduct 
and 
a 
reguirement 
that 
the 
convicted person pay all assessments, surcharges, fees and costs 
reguired by 
law, 
the court in its sentence may reguire the 
convicted person: 
A. 
To pay any fine imposed by the court as part of the 
sentence: 
B. 
TQ make any restitution to each victim of the crime 
imposed by the court: 
C. 
TQ perform any community service wQrk imposed by the 
court as part of the sentence: or 
D. 
To satisfy any other reguirement reasQnably related to 
helping ensure the accountability and rehabilitatiQn of the 
person. 
3. 
The convicted person myst be given an Qpportunity to 
address the cQyrt on the reguirements that are proposed to be 
attached and must, 
after the sentencing, 
be given a written 
COMMITTEE AMENDMENT 
'··I·~!ir 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1409, L.D. 1903 
statement setting forth the specific requirements on which the 
person is being administratively released. 
§1349-D. 
Commencement of administrative release revocation 
proceeding 
1. 
If during the period of administrative release the 
attorney for the State has probable cause to believe that the 
person 
placed 
on 
administrative 
release 
has 
violated 
a 
reqqirement of administrative release, the attorney for the State 
may tile a motion with the court seeking to revoke administrative 
release and cause a summons to be delivered to the person placed 
on administrative release ordering that person to appear for a 
court hearing on the alleged violation. 
The motion must set 
forth the facts underlying the alleged violation. 
The summons 
must be in the same form as a 
summons under section 1205-B, 
subsection Z except that the summons must include the signature 
of a law enforcem~nt officer other than a probation officer. 
2. 
A person placed on administrative release appearing on a 
motion to revoke administrative release pursuant to a 
summons 
must be afforded an initial a,ppearance as provided in section 
1205-C, sqbsection 4. 
3. 
If the person placed on administrative release fails to 
appear in court after having been served with a 
summons, 
the 
coqrt may issue a warrant for the arrest of the person. 
After 
grrest of the person, 
the court shgll gfford the 
person 
a 
prelimingry hegring 
QS provided in section 1205, subsection 4, 
gnd, if retgined in custody, sectipn 1205-C, subsection 3 gpplies. 
4. 
If the person placed on gdministrgtive release Cgn be 
lpcgted gnd served 9 summons, the attorney for the State mgy not 
commence 
the gdministrative relegse prpceeding by hgving the 
person arrested. 
However, 
if the person can not, 
with due 
diligence, be located, the gttorney for the Stgte shgll file a 
written notice of this fgct with the court and obtgin a wgrrant 
of 
arrest 
under 
Rule 
pf 
the 
Mgine 
Rules 
of 
Criminal 
Procedure. 
Unless sponer released, the court shall provide the 
person 
with 
an 
initial 
appeargnce 
pn 
the 
revocation 
of 
gdministrgtiye relegse within 14 days gfter grrest. 
A copy of 
the motion must be fqrnished tg the person prior to or gt the 
initigl appegrance. 
The initigl a,ppegrgnce is as provided in 
section l205-C, subsection 4. 
Bgil is 
QS prgvided in section 
1Z05-C, subsections 5 and 6. 
§1349-E. 
Court hearing on administrative release revocation 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1409, L.D. 1903 
The hearing on a motion to revoke administrative release is 
as provided under section 1205, except that subsections 7-B and 9 
do not apply. 
§1349-F. 
Review 
Review of a revocation of administrative release pursuant to 
section 1349-E must be by cwpeal. 
The appeal is as provided 
under section 1207. 
Sec. A-20. 34-A MRS A §1210-A, sub-§5, as enacted by PL 1997, 
c. 753, §2, is repealed and the following enacted in its place: 
5. 
Community 
correctioDs program account. 
Each 
county 
treasurer 
shall 
place 
20% 
of 
the 
funds 
received 
from 
the 
department pursuant to this section into a separate community 
corrections program account. 
A county may use funds placed in 
this account only for adult or juvenile cOmmunity corrections as 
defined in subsection 1. 
Before distributing to a county that county's entire distribution 
fr2m the County Jail Prisoner SUPJ;?2rt and Community Corrections 
Fund, 
the 
department 
shall 
require 
that 
county 
to 
submit 
aJ;?propriate documgntation verifying that thg county gxpended 20°'b 
of 
its 
prior 
distribution 
for 
the 
purpose 
of 
community 
correction~ as defined in SUbsection 1. 
If a county fails to 
submit 
appropriate 
documentation 
verifying 
that 
the 
county 
expendeg 
20% 
of its prior distribution for 
thg 
purpose 
of 
community corrections, the gepartment shall gistribute to that 
county only 80% of its distribution from the County Jail Prisoner 
Support and Community Corrections Fund. 
The dgpartmgnt shall 
gistribute the 20'l-o not distributeg to that county to all other 
counties 
that 
submit 
aJ;?propriate 
documentation 
verifying 
compliance with the 20% expengiture requirement for thg purpose 
of community corrections. 
The department shall distribute these 
fungs t2 those Clua1ifying counties in an amount equal to each 
county's percent gistributiQn pursuant tQ subsection 3. 
Sec. A-21. 34-A MRSA §3036-A, sub-§2, 1[C, as enacted by PL 
1991, c. 845, §4, is amended to read: 
C. 
A Except as provided in paragraph C-L a prisoner may 
not 
be 
transferred 
to 
supervised 
community 
confinement 
unless the prisoner has no more than one year remaining on 
the 
term of 
imprisonment or, 
in the 
case 
of 
a 
split 
sentence, on the unsuspended portion, after consideration of 
any deductions that the prisoner has received and retained 
under Title 17-A, section 1253. 
COMMITTEE AMENDMENT 
i;;, ~~J,0:t 
-;,;:;' 
COMMITTEE AMENDMENT "A" to H.P. 1409, L.D. 1903 
Sec. A-22. 34-A MRSA §3036-A, sub-§2, 1fC-l is enacted to read: 
C-l. 
If 
the 
commissioner 
determines 
that 
the 
average 
statewide 
probation 
case 
load 
is 
no 
more 
than 
probationers to one probation officer, then a prisoner may 
be transferred to su]?eryised community confinement if that 
prisoner has no more than 2 years remaining on the term of 
imprisonment or, in the case of a split sentence. on the 
ynsuspended portion. after consideration of any deductions 
that the ]?risoner has received and retained under Title 
17-A. section 1253. 
Sec. A-23. PL 2003, c. 451, Pt. K, §2, sub-§6 is amended to read: 
6. 
Initial 
report 
to 
address 
.immediate 
needs. 
The 
commission shall submit -a-
an initial report that includes its 
findings and recommendations, including legislation, to the joint 
standing committee of the Legislature having jurisdiction over 
6eR~eReiR~--~~~~~-~-~-~B~--See9RQ--~~~r-~~-~--~ae 
In&~-!.~'J46J.at.\i~e criminal jystice and public safety matters no 
later than Qeeem&er-~T-~QQ6 Febryary 2, 2004. 
The commission is 
authorized to introduce legislation related to its report to the 
submission of its report. 
Sec. A-24. PL 2003, c. 451, Pt. K, §2, sub-§7 is enacted to read: 
7. 
Authorized duties: nonlQpsing funds. 
The commission is 
aythorized to condyct 
any additional work 
authorized by 
law 
within its bydgeted 
resoyrces. 
Any 
ynencymbered 
balance 
of 
General Fynd appro]?riations originally ap]?ropriated to sypport 
the work of the commission that remain on June 30, 2004 within 
the Department of Corrections may not lapse byt must be carried 
forward to Jyne 30. 2005 to be ysed for the same pyrpose. 
Sec. A-25. Addressing mental illness in prisons and jails. 
No later 
than 
July 
1, 
2004, 
the 
Department 
of 
Corrections 
and 
the 
Department of Behavioral and Developmental Services shall develop 
a joint plan of action to address mental illness in the criminal 
justice community. 
In developing the plan the departments shall 
invite the Maine Sheriffs' Association to participate. The plan 
will be delivered to the Commission to Improve the Sentencing, 
Supervision, Management and Incarceration of Prisoners. 
No later 
than January I, 
2005, 
the Department of Corrections and the 
Department of Behavioral and Developmental Services shall present 
the plan to the joint standing committee of the Legislature 
having 
jurisdiction over 
criminal 
justice 
and public 
safety 
matters. 
COMMITTEE AMENDMENT 
'-
.', "-
COMMITTEE AMENDMENT .. A 
.. to H.P. 1409, L.D. 1903 
Sec. A·26. Review of probation case load. 
No later than July 1, 
2004, 
the Department of Corrections, Adult Community Services 
Division shall direct each probation officer to review that 
officer's own case load to identify and proceed with those cases 
appropriate for early termination. 
An 
application for early 
termination must 
include 
the 
reasons 
for 
recommending early 
termination. 
The victim and the prosecuting attorney must be 
notified 
of 
the 
filing 
of 
the 
application. 
Judges 
and 
prosecutors are urged to give deference to these applications. 
The department shall report to the joint standing committee of 
the Legislature having jurisdiction over criminal justice and 
public safety matters by February 1, 
2005 on the numbers of 
applications for early termination that were filed, the number of 
cases that were reviewed by the court and the number of cases 
terminated from July 1, 2004 to December 31, 2004. 
Sec. A·27. Review and report regarding deferred disposition and 
administrative release. 
The Legislature 
requests that by May 1, 
2005 
the courts 
and the district attorneys, 
within existing 
resources, 
report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over criminal justice and public 
safety matters: 
1. 
How 
often 
the 
sentencing 
alternatives 
of 
deferred 
disposition 
and 
administrative 
release 
were 
used 
and 
an 
assessment of the effectiveness of these alternatives in ensuring 
the accountability and rehabilitation of offenders, as well as 
any impact on recidivism rates; 
2. 
The 
impact of the 
use 
of deferred disposition and 
administrative release on the resources of the courts; 
3. 
The 
administrative 
attorneys; and 
impact of 
release 
the 
on 
use 
the 
of deferred disposition and 
resources 
of 
the 
district 
4. 
Any 
recommendations 
regarding 
how 
to 
improve 
the 
procedures for imposing and enforcing the sentencing alternatives 
of deferred disposition and administrative release. 
PARTB 
Sec. B·l. 17 MRSA c. 93·B, as amended, is repealed. 
Sec. B·2. 17·A MRSA §253, sub·§I, as amended by PL 2001, c. 
383, §14 and affected by §156, is further amended to read: 
COMMITTEE AMENDMENT 
.~.> 
, .. I .. ~\":~t-~ 
'~~,.:.J~i.~. 
> •• , 
v 
COMMITTEE AMENDMENT .. k .. to H.P. 1409, L.D. 1903 
1. 
A person is guilty of gross sexual assault if that 
person engages in a sexual act with another person and: 
A. 
The other person submits as a result of compulsion, as 
defined 
in 
section 
251, 
subsection 
1, 
paragraph 
E. 
Violation of this paragraph is a Class A crime; 9F 
B. 
The other person, not the actor's 
fact attained the 
age of 
years. 
paragraph is a Class A crimeTL-QA 
spouse, has not in 
Violation of this 
C. 
The other person. not the actor' s spouse, has not in 
fact attained 12 years of age. 
Violation of this paragraph 
is a Class A crime. 
Sec. B-3. 17·A MRSA §255-A, sub-§l, 1J1JE·l and F·l are enacted 
to read: 
E-l. 
The other person. not the actor's spouse. is in fact 
less than 12 years of age and the actor is at least 3 years 
older. 
Violation of this paragraph is a Class B crime: 
F-l. 
The other person. not the actor's spouse. is in fact 
less than 12 years of age and the actor is at least 3 years 
older 
and 
the 
sexual 
contact 
includes 
penetration. 
violation of this paragraph is a Class A crime; 
Sec. B-4. 17-A MRSA §256, as enacted by PL 1995, c. 72, §1, 
is repealed and the following enacted in its place: 
§256. Visual sexual aggression against child 
1. 
A person is guilty of visual sexual aggression against a 
child if; 
A. 
For the purpose of arousing or gratifying sexual desire 
or for the purpose of causing affront or alarm, the actor, 
haying in fact attained 18 years of age. exposes the actor's 
genitals to another person or causes the other person to 
expos~ that person's genitals to the actor and the other 
person, not the actor's spouse. has not in fact attained 14 
years of age. 
Violation of this paragraph is a Class D 
crime: or 
B. 
For the purpose of arousing or gratifying sexual desire. 
the actor. having in fact attained 18 years of age, exposes 
the actor's genitals to another person or causes the other 
person to expose that person's genitals to the actor and the 
other person, 
not the actor's 
spouse, 
has 
not in fact 
COMMITTEE AMENDMENT 
'", 
('~ 
.. ;~.:/~\ 
;." 
COMMITTEE AMENDMENT ,.pC, to H.P. 1409, L.D. 1903 
attained 12 years of age. 
Violation of this paragraph is a 
Class C crime. 
Sec. B-S. 17-A MRS A §2S8, sub-§l, as enacted by PL 1997, c. 
143, §1, is amended to read: 
1. 
A person is guilty of sexual misconduct with a child 
under 14 years of age if that person, having in fact attained 18 
years of ageL knowingly displays any sexually explicit materials 
to another person, not the actor's spouse, who has not in fact 
attained the age of 14 years, with the intent to encourage the 
other person to engage 
in a 
sexual act or sexual contact. 
ViQlation of this subsection is a Class D crime. 
Sec. B-6. 17-A MRSA §258, sub-§l-A is enacted to read: 
I-A. 
A person is guilty Qf sexual misconduct with a child 
under 12 years Qf age if that person, having in fact attained 18 
years Qf age, knowingly displays any sexually explicit materials 
to another persQn, not the actor's spouse, who has nQt in fact 
attained 12 years of age, with the intent tQ encQurage the other 
persQn tQ engage in a sexual act or sexual cQntact. 
ViQlation of 
this subsection is a Class C crime. 
Sec. B-7. 17·A MRSA §258, sub.§2, as enacted by PL 1997, c. 
143, §1, is amended to read: 
2. 
As used in this section, "sexually explicit materials" 
means any book, magazine, print, negative, slide, motion picture, 
videotape or other mechanically reproduced visual material that 
the person knows or should know depicts a person, minor or adult, 
engaging in sexually explicit conduct, as that term is defined in 
Tiele-l+T section ~961T-SQ9See~ieR-§ 281. 
Sec. B-8. 17·A MRSA §258, sub-§3, as enacted by PL 1997, c. 
143, §1, is repealed. 
Sec. B·9. 17·A MRSA §259, sub·§l·A, as enacted by PL 2001, c. 
383, §25 and affected by §156, is amended to read: 
I-A. 
A person is guilty of soliciting a child by a computer 
to commit a prohibited act if: 
A. 
The actor: 
(1) 
Uses 
a 
computer 
knowingly to solicit, entice, 
persuade or compel another person to meet with the 
actor; 
(2) 
Is at least 16 years of age; 
COMMITTEE AMENDMENT 
~:\ 
"'~ 
, .. 
\. -}. 
,. 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1409, L.D. 1903 
(3) 
Knows or believes that the other person is less 
than 14 years of age; and 
(4) 
Is at least 3 years older than the expressed age 
of the other person; and 
B. 
The actor has the intent to engage in anyone of the 
following prohibited acts with the other person: 
(1) 
A sexual act as-Qe~~£eQ-~~~~-~~~r-&~9&ee~i9B 
;h-pal'afjJl'aph-G; 
(2) 
Sexual 
contact 
as---d&f-ined---ia---&&Ot.-i-on---6S;bT 
s~sge~i9a-;bT-pal'a~l'aph-9; or 
(3) 
Sexual exploitation of a minor pursuant to l'iUe 
;b7 T section 
6966~. 
violation of this subsection is a Class D crime. 
Sec. B·I0. 17-A MRSA §259, sub-§I-B is enacted to read: 
I-B. 
A person is guilty of soliciting a child by a computer 
to commit a prohibited act if: 
A. 
The actor: 
(1) 
Uses 
a 
computer 
knowingly to solicit, entice, 
persyade or compel another person to meet with the 
actor: 
(2) 
Is at least 16 years of age; 
(3) 
Knows or believes that the other person is less 
than 12 years of age: and 
(4) 
Is at least 3 years older than the expressed age 
of the other person: and 
B. 
The actor has the intent to engage in anyone of the 
following prohibited acts with the other person: 
(1) 
A sexual act; 
(2) 
Sexual contact; or 
(3) 
Sexual 
exploitation 
of 
a 
minor 
pursuant 
to 
section 
282. 
COMMITTEE AMENDMENT 
.~ '\ 
",;" 
" 
""" 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1409, L.D. 1903 
Violation of this subsection is a Class C crime. 
Sec. B·11. 17·A MRSA §259, sub·§3, as enacted by PL 1999, c. 
349, §3, is repealed. 
Sec. B·12. 17·A MRSA c.12 is enacted to read: 
CHAPTER 12 
SEXUAL RJPLOITATION OF MINORS 
§281. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context otherwise 
indicates. the following terms have the following meanings. 
1. 
"Disseminate" 
means 
to 
manufacture, 
publish, 
send. 
promulgate, distribute. exhibit, issue. furnish, sellar transfer 
or to offer or agree to do any of these acts. 
2. 
"Minor" means a person who has not attained 18 years of 
3. 
"Photograph" means to make, capture, generate or save a 
print, 
negative, 
slide, 
motion picture, 
computer data file. 
videotape or other mechanically. 
electronically or chemically 
reproduced visual image or material. 
acts: 
4. 
"Sexually explicit conduct" means any of the following 
A. 
A sexual act: 
B. 
Bestiality: 
C. 
Masturbation: 
D. 
Sadomasochistic 
abuse 
for 
the 
purpose 
of 
sexual 
stimulation; 
E. 
Lewd exhibition of the genitals, anus or pubic area of a 
person. 
An exhibition is considered lewd if the exhibition 
is designed for the purpose of eliciting or attempting to 
elicit a sexual response in the intended viewer; or 
F. 
Conduct that creates the appearance of the acts in 
paragraphs A to D and also exhibits any uncovered or covered 
portions of the genitals, anus or pubic area. 
§282. 
Sexual exploitation of minor 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1409, L.D. 1903 
1. 
A person is guilty of sexual exploitation of a minor if: 
A. 
Knowing 
or 
intending 
that 
the 
conduct 
will 
be 
photographed, the person intentionally or knowingly employs, 
solicits, 
entices, 
persuades, 
uses 
or 
compels 
another 
person, not that person's spouse, who is in fact a minor. to 
engage in sexually explicit conduct. 
Violation of this 
paragraph is a Class B crime: 
B. 
The person violates paragraph A and, at the time of the 
offense. has one or more prior convictions for violating 
this section. 
Violation of this paragraph is a 
Class 
A 
crime: 
C. 
The person violates paragraph A and the minor has not in 
fAct attained 12 years of age. 
violation of this paragraph 
is a Class A crime: 
D. 
Being a parent, legal guardian or other person having 
care or custody of another person who is in fact a minor. 
that person knowingly or intentionally permits that minor to 
engage in sexually explicit conduct. 
knowing or intending 
that the conduct will be photographed. 
Violation of this 
paragraph is a Class B crime: 
E. 
The person violates paragraph D and. at the time of the 
offense. the person has one or more prior convictions for 
violating this section. 
Violation of this paragraph is a 
Class A crime: or 
F. 
The person violates paragraph D and the minor has not in 
fact attained 12 years of age. 
Violation of this paragraph 
is a Class A crime. 
2. 
The following mandatory minimum terms of imprisonment 
apply to sexual exploitation of a minor. 
A. 
A court shall impose 
upon 
a 
person convicted under 
subsection I. paragraph A or D 
a 
sentencing alternative 
involving a term of imprisonment of at least 5 years. 
B. 
A court shall impose 
upon 
a 
person convicted under 
subsection 1, paragraph B or 
E 
a 
sentencing alternative 
involving a term of imprisonment of at least 10 years. 
The court may not suspend a minimum term of imprisonment imposed 
under this section unless it sets forth in detaiL in writing. 
the reasons for suspending the sentence. The court shall consider 
the nature and circumstances of the crime. 
the physical and 
COMMITTEE AMENDMENT 
" , 
COMMITTEE AMENDMENT 11 .. to H.P. 1409, L.D. 1903 
mental well-being of the minor and the history and character of 
the defendant and may only suspend the minimum term if the court 
is of the opinion that the exceptional features of the case 
justify the imposition of another sentence. 
Section 9-A governs 
the use of prior convictions when determining a sentence. 
§283. 
Dissemination of sexually explicit material 
1. 
A person is guilty of dissemination of sexually explicit 
material if; 
A. 
The person intentionally or knowingly disseminates or 
possesses with intent to disseminate any book, 
magazine, 
newspaper, 
print, 
negative, 
slide, 
motion 
picture, 
videotape, 
computer 
data 
file 
or 
other 
mechanically, 
elgctronically or 
chgmically 
rgproducgd visual 
image 
or 
material that depicts any minor who thg person knows or has 
rgason to know is a minor gngaging in sexually explicit 
conduct, 
Violation of this paragraph is a Class C crime; 
B. 
The person violates paragraph A and, at the time of the 
offense. has one or more prior convictions for violating 
this section. 
Violation of this paragraph is a Class 
B 
crime: 
C. 
The person intentionally or knowingly disseminates or 
possesses with intent to disseminate any book, magazine, 
newspaper. 
print. 
negative. 
slidg, 
motion 
picture, 
yideota,pe. 
cQmputgr 
data 
file 
or 
other 
mechanically. 
el~ctronically or 
chemically 
reproduced visual 
image 
or 
material thgt depicts any minor who is less than 12 years of 
age who the person knows or has rgason to know is a minor 
less than 12 years of age engaging in sexually explicit 
conduct. 
Violation of this paragraph is a Class B crime; or 
D. 
The person violates paragraph C and. at the time of the 
offense. has one or more prior convictions for violating 
this section. 
Violation of this pgragraph is a Class A 
crime. 
Section 9-A governs the use of prior convictions when determining 
a sentence. 
2. 
For the purposes of this section. possession of 10 or 
more copies of any of the materials as described in subsection 1 
givgs rise to a permissible inference under the Maine Rules of 
Evidencg, Rulg 303 that thg person possesses those items with 
intent to disseminate. 
§284. Possession of sexually explicit material 
COMMITTEE AMENDMENT 
\.'.\ 
. ,y.' 
COMMITTEE AMENDMENT "/)( to H.P. 1409, L.D. 1903 
1. 
A person is guilty of possession of sexually explicit 
material if that person: 
A. 
Intentionally 
or 
knowingly 
transports, 
exhibits, 
purchases or possesses any book, magazine, newspaper, print, 
negative. 
slide, 
motion 
picture. 
computer 
data 
file, 
videotape 
or 
other 
mechanically. 
electronically 
or 
chemically reproduced visual 
image or material that the 
person knows or should know depicts another person engaging 
in sexually explicit conduct. and: 
(1) 
The other person has not in fact attained 14 years 
of age: or 
(2) 
The person knows or has reason to know that the 
other person has not attained 14 years of age; 
Violation of this paragraph is a Class D crime; 
B. 
Violates paragraph A and, at the time of the offense, 
has 
one 
or 
more 
prior 
convictions 
for 
violating this 
section. Violation of this paragraph is a Class C crime: 
C. 
Intentionally 
or 
knowingly 
transports. 
exhibits, 
purchases or possesses any book. magazine. newspaper, print, 
negative. 
slide. 
motion 
picture. 
computer 
data 
file. 
videotape 
or 
other 
mechanically. 
electronically 
or 
chemically reproduced visual image or material that the 
person knows or should knoW depicts another person engaging 
in sexually explicit conduct. and: 
(1) 
The other person has not in fact attained 12 years 
of age: or 
( 2) 
The person knows or has reason to know that the 
other person has not attained 12 years of age. 
Violation of this paragraph is a Class C crime: or 
D. 
Violates paragraph C and. at the time of the offense, 
has 
one 
or 
more 
prior 
convictions 
for 
violating this 
section. 
Violation of this paragraph is a Class B crime. 
Section 9-A governs the use of prior convictions when determining 
a sentence. 
2. 
It is a defense to a prosecution under this section that 
the person depicted was the spouse of the person possessing the 
sexually explicit material at the time the material was produced. 
COMMITTEE AMENDMENT 
,;:. 
, .-~~\ 
,:~'i7/ 
<,' 
COMMITTEE AMENDMENT ,/1., to H.P. 1409, L.D. 1903 
3. 
The 
age 
of 
the 
person depicted may 
be 
reasonably 
inferred from the depiction. 
Competent medical evidence or other 
expert testimony may be used to establish the age of the person 
depicted. 
4. 
Any material that depicts a person who has not attained 
years of age engaging in sexually explicit conduct is declared 
to be contraband and may be seized by the State. 
§285. 
Forfeiture of equipment used to facilitate violations 
1. 
Upon 
a 
finding of guilt of 
any violation of this 
chapter, but prior to sentenqing, an attorney for the State may, 
in writing. moye the court for an order requiring the forfeiture 
to the State of any ~quipment. including computers. that may have 
facilitated tbe commission of the offense. 
Notice of the motion 
must be mage by the State to the defengant ang any party of 
interest: this notice must be gone by registered mail. 
2. 
If contesting the forfeiture. the defendant or other 
party-in-interest in the in rem civil forfeiture proceeging may 
request a jury trial. 
Absent that request. the proceeging must 
be before the cQurt. 
3. 
At the jury trial or court hearing. the State has the 
burgen of proving to the fact finder by a preponderance of the 
evigence that the equipment was gsed in yiolatiQn Qf this chapter. 
4. 
Upon a finding by a prepongerance of the evidence that 
the 
equipment 
was 
used 
to 
facilitate 
the 
commission 
of 
a 
violation of this chapter. the court shall orger the equipment 
forfeiteg 
ang 
may, 
upon 
the 
written 
recommendation 
of 
the 
attorney for the State. provide in its orger for the disposition 
or use of the equipment by any state. county or municipal law 
enfQrcement agency that mage a substantial contribution to the 
investigation 
or 
prosecution 
of 
the 
case. 
Any 
equipment 
forfeited 
that 
is 
not 
transferred 
to 
an 
investigating 
or 
prosecuting agency must be §old and the proceeds deposited in the 
General Fund. 
5. 
The 
Attorney General 
may 
adopt 
by 
rule guidelines 
regulating the disposition ang use of property forfeiteg or 
sought for forfeiture under this §ection. 
Rules adopteg under 
this sectiQn are routine technical rules as defined in Title 5. 
chapter 375, subchapter 2-A. 
Sec. B-13. 17-A MRSA §1152, sub-§2-C, as amended by PL 2001, 
c. 439, Pt. 000, §2, is further amended to read: 
COMMITTEE AMENDMENT 
,'" ~ 
COMMITTEE AMENDMENT ,~" to H.P. 1409, L.D. 1903 
2-C. 
AS--p<H'-t--eE At the time the court imposes a sentence, 
the court shall order every natural person wae-is-a convicted 6eH 
eEEeBElel'---<H:"--6eH\:lally-~j,o..J:.e.nt--pEeElat;eET of a sex offense or a 
sexually violent offense as defined under Title 34-A, section 
11203 to satisfy all requirements set forth in the Sex Offender 
Registration and Notification Act of 1999. 
Sec. B·14. 17·A MRS A §1202, sub·§l.A, 1fA, as enacted by PL 
1999, c. 788, §2, is repealed and the following enacted in its 
place: 
A. 
If the State pleads and proves that at the time of the 
crime the victim had not attained 12 years of age, 
the 
period of probation for a person convicted under chapter 11 
Qr 12 may not exceed: 
(1) 
Eighteen years for a Class A crime; 
(2) 
Twelve years for a Class B crime: and 
(3) 
Six years for a Class C crime; 
Sec. B·15. 17-A MRSA §1202, sub·§I-A, 1fB, as enacted by PL 
1999, c. 788, §2, is amended to read: 
B. 
The period of probation for a person sentenced as a 
ElaR~eEe\:lS repeat sexual assault offender pursuant to section 
1252, subsection 4-B is any term of yearsT; and 
Sec. B-16. 17-A MRSA §1202, sub·§I.A, 1fC is enacted to read: 
C. 
In the case of a crime of gross sexual assault, if the 
State pleads and proves that at the time of the crime the 
victim had not attained 12 
years of 
age 
and 
that the 
defendant hes previously been convicted and sentenced for 
committing gross 
sexual 
assault. 
rape 
or 
gross 
sexual 
misconduct against a victim who had not attained 12 years of 
age. the perioQ of probation may be life or any term of 
years. 
In eddition to eny conditions imposed under section 
1204, the court shall attach as a condition of probetion 
that the 
convicted person participate in counseling or 
treatment to the satisfaction of the probation officer. 
Sec. B·17. 17-A MRSA §1203, sub·§I·A, 1fB, as enacted by PL 
1999, c. 788, §4, is amended to read: 
B. 
The court may revoke probation if, during the initial 
unsuspended portion of the term of imprisonment, 
a person 
sentenced as 
a 
ElaB~eEe\:lS repeat sexual essault offender, 
pursuant 
to 
section 
1252, 
subsection 
4-B, 
refuses 
to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "k· to H.P. 1409, L.D. 1903 
actively participate in a sex offender treatment program in 
accordance 
with 
the 
expectations 
and 
judgment 
of 
the 
treatment 
providers, 
when 
requested 
to 
do 
so 
by 
the 
Department of Corrections. 
Sec. B-18. 17-A MRSA §1231, sub-§2, ,A, as enacted by PL 1999, 
c. 788, §7, is amended to read: 
A. 
Any 
period of years 
for 
a 
person sentenced 
as 
a 
eaR§e~eQS re~eat sexual assault offender pursuant to section 
1252, subsection 4-B; and 
Sec. B-19. 17-A MRSA §1252, sub-§4-B, as enacted by PL 1999, 
c. 788, §8, is amended to read: 
4-B. 
If the State pleads and proves that the defendant is a 
eaR§e~eQS 
re~eat 
sexual 
assault 
offender, 
the 
court, 
notwithstanding 
subsection 
2, 
may 
set 
a 
definite period of 
imprisonment for any term of years. 
read: 
A. 
As 
used 
in this 
section, 
assault offender" means a person 
sexual assault after having been 
sentenced for any of the following: 
"eaR§e~eQS 
re~eat sexual 
who commits a 
new gross 
convicted previously and 
(1) 
Gross 
sexual 
assault, 
formerly 
denominated 
as 
gross sexual misconduct; 
(2) 
Rape; 
(3) 
Attempted murder accompanied by sexual assault; 
(4) 
Murder accompanied by sexual assault; or 
(5) 
Conduct substantially similar to a crime listed in 
subparagraph (I), (2), (3) or (4) that is a crime under 
the laws of the United States or any other state. 
The date of sentencing is the date of the oral pronouncement 
of the sentence by the trial court, even if an appeal is 
taken. 
B. 
"Accompanied by sexual assault" as used with respect to 
attempted murder, murder and crimes involving substantially 
similar conduct in other jurisdictions is satisfied if the 
sentencing court at the time of sentence imposition makes 
such a finding. 
Sec. B-20. 17-A MRSA §1252, sub-§§4-C and 4-D are enacted to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~ to H.P. 1409, L.D. 1903 
4-C. 
If the State pleads and proves that a Class A crime of 
gross sexual assault was cOmmitted by a person who had previously 
been convicted and sentenced for a Class B or Class C crime of 
unlawful 
sexual contact, 
or an essentially similar crime in 
another jurisdiction. that prior conviction must be given serious 
consideration 
by 
the 
court 
in 
exercising 
its 
sentencing 
discretion. 
4-D. 
If the State pleads and proves that a crime under 
section 253. subsection 1. paragraph C or under section 282, 
subsection I. paragraph C or F was committed against a person who 
had not attained 12 years of age at the time of the offense. the 
age of the victim must be given serious consideration by the 
court in exercising its sentencing discretion. 
PARTC 
Sec. C-l. 19-A MRSA §1653, sub-§6-A, lIA, as enacted by PL 
2001, c. 665, §4, is amended to read: 
A. 
For the purposes of this section, "child-related sexual 
offense" means the following sexual offenses if, at the time 
of the commission of the offense, the victim was under 18 
years of age: 
(1) 
Sexual exploitation of a minor, 
under Title 
;;1,1 
17-A, section a9aa ~; 
(2) 
253; 
Gross sexual assault, under Title 17-A, section 
(3) 
Sexual abuse of a minor, under Title l7-A, section 
254; 
(4) 
Unlawful sexual contact, under former Title 17 -A, 
section 255; 
(5) 
Visual sexual aggression against a child, under 
Title 17-A, section 256; 
(6) 
Sexual misconduct with a child under 14 years of 
age, under Title 17-A, section 258; or 
(7) 
An offense in another jurisdiction, including, but 
not limited to, that of a state, federal, military or 
tribal court, that includes the essential elements of 
COMMITTEE AMENDMENT 
~~ 
.\ !~:fr~ 
',. ... 
COMMITTEE AMENDMENT .. i(.. to H.P. 1409, L.D. 1903 
an offense listed in subparagraph (1), (2), (3), (4), 
(5) or (6). 
Sec. C-2. 30-A MRSA §288, last 1[, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 
9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read: 
Therefore district attorneys, their assistants and employees 
and other 
law enforcement officials shall 
refrain 
from 
any 
unnecessary pretrial public disclosure of information that may 
identify a minor victim of an offense under 
~iEle--l...:{-,--ehaf'EeF 
96-B T Title 17-A, chapter 11 ~ 
or Title 17-A, section 556. 
Sec. C-3. 30-A MRS A §289, first 1[, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 
9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read: 
Unless a written agreement exists between a law enforcement 
agency and a district attorney concerning primary responsibility 
for investigating any of the following offenses, the district 
attorney may direct the investigation of any offense under ~iE~e 
;!,:h-~-e-l'--~--a}iEl Title 17-A, chapter 11 or 12, or Title 
17-A, sections 207, 
and 556, 
when a victim may not have 
attained his the victim' s 18th birthday, and may designate, by 
geographical 
boundaries 
or 
otherwise, 
a 
particular 
law 
enforcement 
agency 
to 
have 
primary 
responsibility 
for 
that 
investigation. 
Sec. C-4. 34-A MRSA § 11201, as amended by PL 2001, c. 439, 
Pt. 000, §6, is further amended to read: 
§ll201. 
Short title 
This chapter may be known and cited as the "Sex Offender 
Registration and Notification Act of 1999." 
The purpose of this 
chapter is to protect the public from potentially dangerous seH 
e~~eREleE6-~£~~~1r~~~~-f'teElaEeFs registrants by enhancing 
access 
to 
information 
concerning 
seH--e~~eREleF6--aREl--6eHaa~~y 
vieleRE-pFeElaEeFs those registrants. 
Sec. C-5. 34-A MRSA §11202, as amended by PL 2001, c. 439, 
Pt. 000, §7, is repealed and the following enacted in its place: 
§ll202. 
Application 
This 
chapter applies to 
a 
person defined as 
a 
10-year 
registrant or lifetime registrant who has been sentenced on or 
after June 30, 1992. 
COMMITTEE AMENDMENT 
· 
~~ .. 
r· <,.~" 
" 
,,". 
COMMITTEE AMENDMENT ,,~ to H.P. 1409, L.D. 1903 
Sec. C-6. 34-A MRSA §11203, sub-§§l-A and I-B, as enacted by 
PL 2001, c. 439, Pt. 000, §8, are amended to read: 
I-A. 
Conditional release. 
"Conditional 
release" 
means 
supervised release of a 
6eH-effe~Qe~-~-~~~~~1&&~-pFeQate~ 
registrant 
from 
institutional 
confinement 
for 
placement 
on 
probation, parole, 
intensive 
superv~s~on, supervised community 
confinement, home release monitoring or release under Title 15, 
section 104-A or Title 17-A, chapter 50. 
I-B. 
Discharge. 
"Discharge" means unconditional release 
and discharge of a 
seH--o-f-f-ende-r--~--s-e-lf\i-a],.],.y.-~-ent.--pl'eEl.at;el' 
registrant from institutional confinement upon the expiration of 
a sentence or upon discharge under Title 15, section 104-A. 
Sec. C-7. 34-A MRSA §11203, sub-§§l-C and 3-A are enacted to 
read: 
I-C. 
Another state. 
"Another state" means each of the 
several states except 
Maine. 
the District of 
Columbia. 
the 
Commonwealth of Puerto Rico. 
the U.S. 
Virgin Islands. 
Guam. 
American Samoa and the Northern Mariana Islands. 
3-A. 
Jurisdiction. 
"Jurisdiction" 
means 
the 
Federal 
Government. including the mUitary. this State or another state 
or tribe. 
Sec. C-S. 34-A MRSA §11203, sub-§2, as enacted by PL 1999, c. 
437, §2, is repealed and the following enacted in its place: 
2. 
Domicile. 
"Domicile" means the place where a person has 
that person's established. fixed. permanent or ordinary dwelling 
place or legal residence to which. whenever the person is absent. 
the person has the intention of returning. 
A person may have 
more than one residence but only one domicile. 
Sec. C-9. 34-A MRSA §11203, sub-§4, as enacted by PL 1999, c. 
437, §2, is amended to read: 
4. 
Law 
enforcement 
agency 
baving 
jurisdiction. 
"Law 
enforcement agency having jurisdiction" means the chief of police 
in the municipality where a seH-effeasel' registrant expects to be 
or is domiciled. 
If the municipality does not have a chief of 
police, "law enforcement agency having jurisdiction" means the 
sheriff of the county 
we~e where the municipality is located. 
"Law 
enforcement 
agency having 
jurisdiction" also 
means 
the 
sheriff of the county in an unorganized territory. 
Sec. C-I0. 34-A MRSA §11203, sub-§4-A, as enacted by PL 2001, 
c. 439, Pt. 000, §8, is amended to read: 
COMMITTEE AMENDMENT 
."'. 
COMMITTEE AMENDMENT "/)(:' to H.P. 1409, L.D. 1903 
4-A. 
Risk 
assessment 
instrument. 
"Risk 
assessment 
instrument" means an instrument created and modified as necessary 
by reviewing and analyzing precursors to a sex offense, victim 
populations 
of 
a 
seH--e"eRae~--e~--seH~a**y--yie*eRE--pEeaaEeE 
registrant, living conditions and environment of a seJ£-e.f.feRaet 
eE--~~~~~-~~~--pteaaEet registrant 
and 
other 
factors 
predisposing 
a 
person to 
become 
a 
seH--effeRaetT--tepeaE--seH 
ef'eRaet-eE-seJ£~a**y-v4e*eRE-pteaaEet registrant, for the ongoing 
purpose of identifying risk factors used to provide notification 
of a 
seJ£-~~~~~~~-£eK~a~~y-~~~-pFeaaEet~S registrant's 
conditional 
release 
or 
discharge 
from 
a 
state 
correctional 
facility to law enforcement agencies and to the public. 
Sec. C·II. 34·A MRSA §11203, sub·§4·C and 4·D are enacted to 
read: 
4-C. 
Registrant. 
"Registrant" means a 10-year registrant 
or a lifetime registrant or, when appropriate, both a 
year 
registrant and a lifetime registrant. 
4-D. 
Residence. 
"Residence" means that place or those 
places, other than a domicile, in which a person may spend time 
living, residing or dwelling. 
Sec. C·12. 34·A MRSA §11203, sub.§5, as amended by PL 2003, c. 
371, §1, is further amended to read: 
5. 
Ten-year reqistrant. 
"SeH-effeRaeF Ten-year registrant" 
means a person who is an adult convicted and sentenced or a 
juvenile convicted and sentenced as an adult of a sex offense. 
Sec. C·13. 34·A MRSA §11203, sub·§6, 1JB, as amended by PL 
2001, c. 383, §153 and affected by §156 and amended by c. 439, 
Pt. 000, §9, is repealed and the following enacted in its place: 
B. 
A violation under former Title 17, section 2922: former 
Title 17, section 2923: former Title 17, section 2924; Title 
l7-A, section 253, subsection 2, paragraph E, F, G, H, I or 
J: Title l7-A, section 254: former Title l7-A, section 255, 
subsection L 
paragraph A, 
E, F, G, I. or Ji former Title 
17-A, section 255, subsection L 
paragraph B or D if the 
crime was not elevated a class under former Title l7-A, 
section 
255, 
subsection 
3; 
Title 
l7-A. 
section 
255-A, 
subsection L 
paragraph A, B, C, G, I. J, K. L. M, N, 0, R, 
S or T: Title 17-A, section 256; Title l7-A, section 258; 
Title l7-A, section 259; Title l7-A, 
section 282; Title 
l7-A, 
section 283: Title l7-A, 
section 284; Title l7-A, 
section 301. unless the actor is a parent of the victim: 
Title l7-A, section 302, unless the actor is a parent of the 
COMMITTEE AMENDMENT 
-. 
COMMITTEE AMENDMENT ,A .. to H.P. 1409, L.D. 1903 
victim: Title 17-A, section 511, subsection 1, paragraph D: 
Title 17-A, section 556; Title 17-A, section 852, subsection 
1, paragraph B: or Title 17-A, section 855: or 
Sec. C-14. 34-A MRSA §11203, sub-§7, tA, 
2001, 
c. 
553, 
§3 
and affected by §10, is 
following enacted in its place: 
as amended by PL 
repealed and the 
A. 
A conviction for one of the offenses or for an attempt 
to 
commit one of the offenses under 
former Title l7-A, 
section 252: under Title 17-A, section 253, subsection I: 
Title 17-A, section 253, subsection 2, paragraph A, B, C or 
D: former Title 17-A, section 255, subsection 1, paragraph C 
or 
Hi 
former 
Title 
17-A, 
section 
255, 
subsection 
L 
paragraph B or D, if the crime was elevated a class under 
former Title l7-A, section 255, subsection 3: Title l7-A, 
section 255-A, subsection 1, paragraph D, E, E-1, F, F-l, H, 
o or P: or 
Sec. C-lS. 34-A MRSA §11203, sub-§8, as amended by PL 2003, c. 
371, §3, is further amended to read: 
8. 
Lifetime 
registrant. 
"SeHQa,l,ly---vieJ:eat;---pl'eaat;eF 
Lifetime registrant" means a 
person who is an adult convicted 
and sentenced or a juvenile convicted and sentenced as an adult 
of a: 
A. 
Sexually violent offense; or 
B. 
Sex offense when the person has a prior conviction for 
or 
an 
attempt 
to 
commit 
an 
offense 
that includes 
the 
essential elements of 
a 
sex offense or sexually violent 
offense. 
Sec. C-16. 34-A MRSA §11203, sub-§9 is enacted to read: 
9. 
Tribe. 
"Tribe" means the Passama<Iuoddy Tribe or the 
Penobscot Nation. 
Sec. C-17. 34-A MRSA §11221, sub-§l, ttA and F, as enacted by 
PL 1999, c. 437, §2, are amended to read: 
A. 
The 
seH--e~~enae~~~--~--~~~--v~~a&--pl'eaat;eF~s 
registrant's 
name, 
aliases, 
date 
of 
birth, 
sex, 
race, 
height, weight, eye color, mailing address, home address or 
expected domicile and residence; 
F. 
A description of the offense for which the seH-effeaaeF 
eF--&eK-ual.J'Y--'lf-»~-El£'eaat;el' registrant was convicted, the 
date of conviction and the sentence imposed; and 
COMMITTEE AMENDMENT 
';". 
COMMITTEE AMENDMENT ,0'" to H.P. 1409, L.D. 1903 
Sec. C-18. 34-A MRSA §11221, sub-§2, as enacted by PL 1999, c. 
437, §2, is amended to read: 
2. 
National or regional reqistry. 
The bureau is authorized 
to 
make 
the 
registry available to 
and 
accept files 
from 
a 
national or regional registry of seli-«..f.eREieEs registrants for 
the purpose of sharing information. 
Sec. C-19. 34-A MRSA §11221, sub-§6, as repealed and replaced 
by PL 2003, c. 371, §6, is amended to read: 
6. 
Distribution of 
infonmation 
to 
department 
and 
law 
enforcement aqencies. 
The bureau shall distribute information 
described in subsection 1 to the department and law enforcement 
agencies having jurisdiction over the address and location of the 
seH--~..f~~~-~~--6e~~a~~Y--~~~--FFeEia6eF~s registrant's 
domicile, 
place 
of 
employment 
and 
college 
or 
school 
being 
attended. 
Sec. C·20. 34-A MRSA §11221, sub-§§9 and 10, as enacted by PL 
2003, c. 371, §7, are amended to read: 
9. 
Public access to infonmation. 
The bureau shall provide 
information to the public as follows. 
A. 
The 
bureau 
shall post 
on 
the 
Internet 
for 
public 
inspection 
the 
following 
information 
concerning 
a 
seH 
e~~eaEieF-9F-SeHQa~~y-vi9~ea6-FFeEia~9F registrant: 
(1) 
The 
seH-~~~.eREie£~6-~-~~~~-v~1&a&-pEeaa~9F~s 
registrant's 
name, date of birth and photograph; 
(2) 
The seH-~~eRQe£~6-~-~~~-v~1&a&-pEeaa~9F~s 
registrant's city or town of domicile and residence; 
(3) 
The 
seH-~~eRQe£~6-~-~~~~-vi~l&a&-pFeEia~9F~s 
registrant's 
place of employment and college or school 
being attended, if applicable, 
and the corresponding 
address and location; and 
(4) 
The statutory citation and name of the offense for 
which the 
seH-~~kBGe-~--{H'---S-e:K-ual..,l-y--yi9~eR-t--pFeaa6eF 
registrant was convicted. 
B. 
Upon receiving a written request that includes the name 
and date of birth of a 
seH--o-f-f-ende-r--9F--&eiHl-&~1y--yie±ea~ 
pFeEia69F registrant, the bureau shall provide the following 
information concerning a 
6eli--o-f-f-ende-r--9E--&eiHl-&1-1-y--vie±ea~ 
pFeaa69E registrant to the requestor: 
COMMITTEE AMENDMENT 
'. 
' 
'.'. I" 
",' ~ 
COMMITTEE AMENDMENT "k' to H.P. 1409, L.D. 1903 
(1) 
The seH-~~~~BQ~~~6-~-~~~~-vi&~&~-pFeaate~~s 
registrant's 
name, aliases, date of birth, sex, race, 
height, weight, 
eye color, mailing address and home 
address or domicile and residence; 
(2) 
The 6eH-~~~BQ~~~6-~-~~~-vi&~&&~-pFeaate~~s 
registrant's place of employment and college or school 
being attended, if applicable, and the corresponding 
address and location; 
(3) 
A description of the offense for which the seH 
e~~eBaeF--G-F--~-l-y--'V4e.J.~B-t.--pF-eaate~ registrant was 
convicted, 
the date of conviction and the sentence 
imposed; and 
(4) 
The seH-~i~~BQ~~~6-~-~~~-vi&~&&~-pFeaate~~s 
registrant's photograph. 
10. 
Registrant access to 
16, 
section 
620, 
the 
bureau 
described in subsection 1 to a 
pFeaateF registrant who requests 
information. 
Pursuant to Title 
shall 
provide all 
information 
6eH-~~~Q~~-~--~~a&~~~-v~e~eBt 
that person's own information. 
Sec. C-21. 34-A MRSA §11222, as amended by PL 2003, c. 371, 
§§8 to 10, is further amended to read: 
§11222. 
Duty of registrant 
1. 
Determination by court. 
The court shall determine at 
the time of sentencing if a defendant is a seH-effeBae!' 10-year 
registrant or a-6eH~ally-v4eleB1::-pFeaa1::eF lifetime registrant. 
A 
person 
who 
the court determines 
is 
a 
6eH--e~~eBaeF 10-year 
registrant or 
a-~~~~-~~~--p!'eaa1::eF lifetime registrant 
shall register according to this subchapter. 
I-A. 
When duty to register must be exercised. 
Following 
determination by the court under subsection 1, a 
seH-ef~eBaeF--e~ 
a-6eH~ally-v~eleBt-p~eaateF registrant shall register as follows. 
A. 
If 
the 
seH--e~i~BQ~--~--~~~--vi&~&~--pFeaate~ 
registrant is sentenced to a wholly suspended sentence with 
probation or 
to 
a 
punishment alternative not 
involving 
imprisonment, the duty to register is triggered at the time 
the person commences 
an actual execution of the wholly 
suspended sentence or at the time of sentence imposition 
when 
no 
punishment alternative involving imprisonment is 
imposed, unless the court orders a stay of execution, in 
which event the duty is triggered by the termination of the 
stay. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. fr' to H.P. 1409, L.D. 1903 
B. 
If 
the 
6e*--e~~eR~~--~--~~~-~~~a&--pFeaateF 
registrant is sentenced to a straight term of imprisonment 
or to a split sentence, the duty to register is triggered by 
discharge or conditional release. 
c. 
If 
the 
6e*--e~~eR~--~--~~~--~~~a&--pFeaateF 
registrant is committed under Title 15, section 103, the 
duty to register is triggered by discharge or conditional 
release under Title 15, section 104-A. 
I-B. 
Duty to notify law enforcement agene,y. 
A registrant 
who has a duty to register pursuant to this subchapter shall 
notify the law enforcement agency haying jurisdiction in those 
areas 
where 
the registrant resides. 
works or attends school 
within 24 hours of becoming a 
resident or beginning work or 
attending school. 
If the location is a municipality with an 
organized municipal police department, the law enforcement agency 
haying jurisdiction is the 
m~.micipal police department. 
If the 
location is a school having an organized police department. the 
law enforcement agency haying jurisdiction is the campus police 
department. 
If the location is neither a municipality nor a 
school with an organized police department. the law enforcement 
agency haying jurisdiction is the sheriff's department. 
2. 
Responsibility of ensurinq initial reqistration. 
The 
department, the county jailor the state mental health institute 
that has custody of a 
6e*-«~~-~F--6eK~a-l-l:y--'\r;i.o..~-p!'eaateF 
registrant required to register 
under 
this 
subchapter 
shall 
inform the 6e*-e4~eRee~-~-~~~-¥~l&a&-p~eaateF registrant, 
prior 
to 
discharge 
or conditional 
release, 
of 
the 
duty to 
register. 
If 
a 
6e*--e~~eR4~--~--~~~--~~~a&--pFeaaeeF 
registrant does not serve a period of institutional confinement, 
the court shall inform the 
6eH-~~~~F--~--~~~~~:y--yieleBe 
pl'eeat:el' r§)gistrant at the time of sentencing of the duty to 
register. 
The 
department, 
county jail, 
state mental 
health 
institute or court shall: 
A. 
Inform the 
6eH--o-~f.ende.r--e~--s&H\l-a],.],.y--v,i~-ent.--pFeaateF 
registrant 
of 
the 
duty 
to 
register 
and 
obtain 
the 
information required for the initial registration; 
A-I. 
Inform the registrant of the reguirement to notify the 
law 
enforcement 
agency 
having 
jurisdiction pursuant 
to 
subsection I-B. 
B. 
Inform the 
6e*--o-~f.ende.r--e~--s&H\l-a],.],.y--v,i~-ent.--pFeaaeeF 
registrant that if the 
6e*-~E-f.e.~F--~--~eK'I:l.a~~:y--vieleBe 
pFeeate~ registrant changes domicile or changes residence, 
place of employment or college or school being 
attended, 
COMMITTEE AMENDMENT 
.. ' 
\ 
·,t'l 
COMMITTEE AMENDMENT 'j(:; to H.P. 1409, L.D. 1903 
the 
seK-~~~a4&~-~--~~~~-v4e~eR~--p~eQat9~ registrant 
shall give the new address to the bureau in writing within 
lQ-eays 5 days and shall notify the law enforcement agency 
having jurisdiction within 24 hours; 
C. 
Inform the 
seH--G-~~--e-£--&&lfllal-l-}"'--vi-E>-l-ent.--p~eElate~ 
registrant that if that 
seH--G-~~F---EH:--seit-\ia.,l.,lY--'Y'i9leRt 
p~eElate~ registrant changes domicile to another state, the 
seH-~~~-~F--~~-\ia.,l.,ly-~~~-p~eElate~ registrant shall 
register the new address with the bureau and if the new 
state has a registration requirement, the 
seH--o:f~-e-nde-r--e~ 
SeK1:ia •• y--vi~--pFeElateF registrant shall register with a 
designated law enforcement agency in the new state not later 
than 
lQ 
~ days 
after establishing domicile 
in the 
new 
state; 
D. 
Inform the 
seH--G-E-~--e-£--&&lfllal-1y--Y4.-E>-l-ent.--p~eElate~ 
registrant that if that 
seK--G-~~F---EH:--seH-\ia.,l.,lY--'Y'iele:et 
pFeElaee~ registrant has part-time or full-time employment in 
another state, with or without compensation, for more than 
consecutive days or for an aggregate period exceeding 30 
days in a calendar year or if that seH-~~~--G-~-&&lf1:ially 
viele:et-pFeElaeeF registrant enrolls in any type of school in 
another state on a part-time or full-time basis, the seK 
e"eREleF-~-~~~-'Y'~l-&~~-pFeElateF registrant shall give 
the bureau the registrant's place of employment or school to 
be attended in writing within .0 ~ days after beginning work 
or 
attending 
school 
and 
if 
the 
other 
state 
has 
a 
registration requirement, shall register with the designated 
law enforcement agency in the other state; 
E. 
Obtain fingerprints and a photograph of the seK-effeBEle~ 
e~-~l-1j<-- ..... ..,i-&:l-e-nt--pFeElate~ registrant or the court may 
order 
the 
seH---&f~-end&£--~F---~eH-\ia.,l.,ly--~j,.o..~--p~eElate~ 
registrant to submit to the taking of fingerprints and a 
photograph at a specified law enforcement agency within 3 
days if the fingerprints and photograph have not already 
been 
obtained 
in 
connection 
with 
the 
offense 
that 
necessitates registration; and 
F. 
Enforce 
the 
requirement 
that 
the 
seK--e££eREle~--e~ 
seK1:ially-~i-o-1en-t--p~eElateF registrant read and sign a 
form 
provided by the bureau that states that the duty of the seH 
e£feBEleF-e-£-~~~~~~~~-p~eElate~ registrant to register 
under this section has been explained. 
2-A. 
Duty of reqistrant sentenced from June 30, 1992 to 
September 17, 1999 to register. 
Notwithstanding subsection 1 QnQ 
except as provided in subsection 2-B, a person coming within the 
definition of a 10-year registrant or lifetime registrant who has 
COMM/rrEE AMENDMENT 
, . 
COMMITTEE AMENDMENT ,A" to H.P. 1409, L.D. 1903 
been sentenced on or after June 30, 1992 but before September 18, 
1999 for 
a 
sex offense or 
a 
sexually violent offense shall 
register either as a 
seH--G-E-E-e-:aaeF 10-year registrant or as--a 
seH~ally--viele:a~--F£eaa~e~ lifetime 
registrant, 
whichever 
is 
applicable, with the bureau by September 1, 2002 if the duty to 
register has been triggered under subsection I-A, paragraph A, B 
or C, unless sooner notified in writing of a duty to register 
under subsection I-A, paragraph A, 
B or C by the bureau, the 
department or a law enforcement officer, in which case the person 
shall register with the bureau within ~G ~ days of notice. 
2-B. 
Duty to register for 
new crimes. 
For 
a 
person 
otherwise subject to subsection 2-A who has been sentenced for a 
crime added by an amendment to the definition of sex offense or 
sexually 
yio~ent offense in section 11203 since September I. 
2002, if the duty to register has been triggered under subsection 
I-A, paragraph A, B or C, that person shall register as a 10-year 
registrant or a 
lifetime registrant, whichever is applicable, 
with the bureau by June 1, 
2005, 
unless sooner notified in 
writing of a duty to register under subsection I-A. paragraph A, 
B or 
C by the bureau. 
the department or 
a 
law enforcement 
officer, in which case the person shall register with the bureau 
within 5 days of notice. 
3. 
Transfer of initial registration information to bureau 
and 
FBI. 
The 
department, 
county jail, state mental health 
institute or court within 3 days of receipt of the information 
described in subsection 2 shall forward the information to the 
bureau. 
If the court orders the seH-e"e:aaeF-e~-6eH~ally-yieleB~ 
p~eaaee~ registrant to submit to the taking of fingerprints and a 
photograph 
at 
a 
specified 
law 
enforcement 
agency, 
the 
law 
enforcement agency shall submit the fingerprints and photograph 
to the bureau within 3 days. 
The bureau shall immediately enter 
the information into the registration system, 
notify the law 
enforcement agency having jurisdiction where the seH-~~~--eF 
seH~ally-vie*e:a~-F£eQa~eF registrant expects to be domiciled and 
transmit the information to the FBI for inclusion in the national 
FBI sex offender database. 
4. 
Verification. 
During the period a 
seH--e~feBae~--e~ 
seH~ally-vieleB~-FFeaa~eF registrant is required to register, the 
bureau 
shall 
verify 
a 
seH--~~~4e£2~--~ 
__ -&&~~~~y--yieleB~ 
1!n:eaa~e~.!.s registrant's domicile. 
The bureau shall verify the 
domicile of a seH-effeBaeF 10-year registrant on each anniversary 
of the 
seH-*~eBaeF.!.s 10-year registrant's initial registration 
date and shall verify a 
seH~ally--v-.i,.o...l-en-t--F£eaa~e~.!.s lifetime 
registrant's domicile every 90 days after that 
seH~ally-:y-ieleBt 
pFeaa~eF.!.s 
lifetime 
registrant's 
initial 
registration 
date. 
Verification of the domicile of a 
seH-effeBae~ IO-year registrant 
COMMITTEE AMENDMENT 
· '. 
COMMITTEE AMENDMENT "k to H.P. 1409, L.D. 1903 
or 
seHlially--¥-:i:o-J:.e.n-t--~Eeaat:;EH: lifetime registrant occurs as set 
out in this subsection. 
A. 
At least 10 days prior to the required verification 
date, the bureau shall mail a nonforwardable 
veE~E~eat:;~eB 
verification form to the last reported mailing address of 
the seH-e£'eBaet-et-seHlially-vieleBt:;-~teaat:;et registrant. 
B. 
The verification form must state that the seJi--e.f.feBaeE 
eF-6eHlially-vieleBt:;-~Eeaat:;eF registrant still resides at the 
address last reported to the bureau. 
C. 
The seH-e.f.fe~4e~-~-~~~-~~~&~-pFeaat:;eF registrant 
shall take the completed verification form and a photograph 
to the law enforcement agency having jurisdiction within 19 
~ days of receipt of the form. 
D. 
The law enforcement agency having jurisdiction shall 
verify the 
seH-~~~&4&~~&-~-~~~~-¥ieleB~--pFeaat:;eF~s 
registrant's identity, have the 
seH-~~~~-~--seHlially 
vieleBt:;-~Eeaat:;eF registrant sign the verification form, take 
the 
seH---e"eBaeF~s---eF---seHlially---vieleBt:;---~Eeaat:;eF~s 
registrant's 
fingerprints, 
complete 
the 
law 
enforcement 
portion of the verification form and immediately forward the 
fingerprints, photograph and form to the bureau. 
5. 
Chanqe of domicile, residence, place of employment or 
colleqe or school beinq attended. 
A 
seH--of-ienGe-F--~--seJilially 
v~eleBt:;-~Eeaat:;eF registrant shall notify the bureau in writing of 
a change of residence, domicile, place of employment or college 
or school being attended within lQ .5. days and shall notify the 
law enforcement agency having jurisdiction within 24 hours after 
t:;Rat:;--~aa~~e 
changing 
that 
domicile, 
residence, 
place 
of 
employment or college or school being attended. 
A. 
If 
the 
seH--e.f.feB4e~--~--~~~--~~~a~--pFeaat:;eF 
registrant establishes a new domicile, residence, place of 
employment or college or school being attended in the State, 
the 
bureau shall notify, 
within 
days, 
both the 
law 
enforcement 
agency 
having 
jurisdiction 
where 
the 
seH 
e"eBaet--~---seHlially---¥-1o-1ent---~Feaat:;eF 
registrant 
was 
formerly domiciled r 
or resided or was employed or enrolled 
and the law enforcement agency having jurisdiction where the 
seH-~~~~~-~~-~~~-~~-e~e£~--p£eQat:;eE registrant is 
currently domiciled, residing, employed or enrolled. 
B. 
If 
the 
seH---e.f.feB£e~--~--~~~--~~~a~--pteQat:;et 
registrant establishes 
a 
domicile, 
residence, 
place 
of 
employment or college or school being attended in another 
state, 
the bureau shall notify, within 3 days, 
the law 
COMMITTEE AMENDMENT 
.. 
" ~ 
COMMITTEE AMENDMENT .. /( to H.P. 1409, L.D. 1903 
enforcement 
agency 
having 
jurisdiction 
where 
the 
se* 
e~~eIlEieF---o-r---SeHQa±±y---v-j,Q...1en-t---~FeEiat:eF 
registrant 
was 
formerly domici1edT or resided or was employed or enrolled 
and the law enforcement agency having jurisdiction where the 
seH-~~~&&G&~-~~-~~~-~4~~£~--~EeEiat:eE registrant is 
currently domiciled, residing, employed or enrolled. 
For purposes of registration requirements pursuant to this 
subchapter, convictions that result from or are connected with 
the same act or result from offenses committed at the same time 
are considered as one conviction. 
Sec. C-22. 34·A MRSA §§11223 and 11224, as amended by PL 
2003, c. 371, §ll, are further amended to read: 
§ll223. 
Duty of person establishing domicile to register 
A person required under another jurisdiction to register 
pursuant to that jurisdiction's sex offender registration statute 
or, if not so reguired, who is has been convicted and sentenced 
for an offense that includes the essential elements of a sex 
offense 
or 
sexually 
violent 
offense 
t:hat:--~~--Ee~QiFe 
Fe~ist:Fat:i&a--~-~~~-St:at:e shall register as 
a 
SeH--&~~eIlEieF 
la-year 
registrant 
or 
seHQa±±y---v-j,Q...I~---~EeEiat:eF 
lifetime 
registrant. 
whichey~r is applicable, within lQ .5. days and shall 
notify the law enforcement agency having jurisdiction with 24 
hours of establishing domicile in this State. 
The person shall 
contact the bureau, 
which shall provide the person with the 
registration form and direct the person to take the form and a 
photograph of the person to the law enforcement agency having 
jurisdiction. 
The 
law enforcement agency shall supervise the 
completion of 
the 
form, 
take 
the person's 
fingerprints 
and 
immediately forward the form, photograph and fingerprints to the 
bureau. 
§ll224. 
Duty of person employed or attending college or school to 
register 
A person who 
is required under another jurisdiction to 
register 
pursuant 
to 
that 
jurisdiction's 
sex 
offender 
registration statute because the person is domiciled in another 
state or I 
if not so reguired, who is has been convicted and 
sentenced for an offense that includes the essential elements of 
a 
sex offense or sexually violent offense 
t:ha~-~l-d--£e~QiFe 
Fe~ist:Fat:i&a--~-~~~--S£a~e shall register as 
a 
seH-~ffeIlEieF 
la-year 
registrant 
or 
seHQa±±y---v-j,Q...l~---~EeEia£eF 
lifetime 
registrant, whichever is applicable, within lQ .5. days and shall 
notify the law enforcement agency haying jurisdiction with 24 
~ 
of beginning full-time or part-time employment, with or 
without compensation, for more than 14 consecutive days or for an 
COMMITTEE AMENDMENT 
(' 
\. 
'~, 
COMMITTEE AMENDMENT ,~ 
.. to H.P. 1409, L.D. 1903 
aggregate 
period 
exceeding 
days 
in 
a 
calendar 
year 
or 
beginning college or school on a full-time or part-time basis in 
this State. 
The person shall contact the bureau, which shall 
provide the person with a registration form and direct the person 
to take the form and a photograph of the person to the law 
enforcement 
agency 
having 
jurisdiction. 
The 
law enforcement 
agency shall supervise the completion of the form, 
take the 
person's 
fingerprints 
and 
immediately 
forward 
the 
form, 
photograph and fingerprints to the bureau. 
Sec. C-23. 34-A MRSA §11225, as amended by PL 2001, c. 553, 
§§7 and 8, is further amended to read: 
§11225. 
Duration of registration 
1. 
Ten-year 
registrant. 
A 
seH--e~~eBeeF person 
coming 
within the definition of a 10-year registrant shall register for 
a period of 10 years 
from the initial date of registration 
pursuant to this chapter, except that a 
seH--&:€-f.&aeeF 10-year 
registrant required to register because 
t:ae--&e*--e~~eBeeF that 
reglstrant established a domicile in this State subsequent to 
being eeela~ea-a-seH-e~~eBeeF-~B required to register pursuant to 
another 
st:at:e-~--w.BeeF--ano-t...bEK"--jw.F~sea.et:a.eB jurisdiction's sex 
offender registration statute for a period of years other than 
life shall register for a maximum of 10 years from the date when 
,"ae-~-&:€-ieaaeF that registrant was first required to register 
in the other sta~e-eF-w.BeeF-aRe,"aeF jurisdiction. 
A seH-e~~eReeF 
person coming withln the definition of a la-year registrant who 
has been sentenced from June 30, 1992 to September 17, 1999 shall 
register for a period of 10 years, to be calculated as follows. 
A. 
If the 
seH-e~~eReeF 10-year registrant was sentenced to 
a 
wholly 
suspended 
sentence 
with 
probation 
or 
to 
a 
punishment 
alternative 
not 
involving 
imprisonment, 
the 
la-year period is treated as having begun at the time the 
person commenced an actual execution of the wholly suspended 
sentence or at the time of sentence imposition when no 
punishment alternative involving imprisonment was imposed, 
unless the court ordered a stay of execution, in which event 
the 
10-year period is treated as 
having 
begun at the 
termination of the stay. 
B. 
If the seH-e~£eReeF 10-year registrant was sentenced to 
a straight term of imprisonment or to a split sentence, the 
10-year period is treated as having begun at the time of 
discharge or conditional release. 
C. 
If the seH--&:€-f.&aeeF 10-year registrant was committed 
under Title 15, section 103, the 10-year period is treated 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "t( to H.P. 1409, L.D. 1903 
as having begun at the time of discharge or conditional 
release under Title 15, section 104-A. 
D. 
If the 
seH--e~~eaae~~s la-year registrant's duty to 
register has not yet been triggered, the la-year period will 
commence upon registration by the person in compliance with 
section 11222, subsection 1-A, 
pa~a~~apas paragraph A, B or 
C. 
2. 
Lifetime registrant. 
A seH~ally-vielea~-p£eaate~ person 
coming within the definition of a lifetime registrant who has 
~ 
sentenced on or after June 30, 1992 shall register for the 
duration of 
~ae-~l-l7<---v4-EH.-ent--pl'-eaat;,el'-~s that 
registrant's 
life. 
A person who has established a domicile in this State subsequent 
to being required to regi§ter pursuant to another jurisdiction's 
sex offender registration statute for a lifetime or who is a 
person coming within the definition of a 
lifetime registrant 
shall register fQr the duration Qf the registrant's life. 
2-A. 
Periods wben domiciled outside Maine. 
NQtwith§tanding 
subsectiQns 1 and 2, 
during any period in which the 10 year 
registrant or lifetime regi§trant leaves the State, establishes a 
domicile in another state and remain§ phy§ically absent from the 
State the bureau may 
suspend the requirement that a 
10-year 
registrant or lifetime registrant register. 
3. 
Periods 
of 
incarceration 
or 
civil 
confinement. 
Notwithstanding subsections 1 and 2, the bureau may suspend the 
requirement that a seH--G-:&-E-e-a4el'-
10-year registrant or 
seH~ally 
vieleB~-t'-£eaate£ lifetime regi§trant register during periods of 
incarceration or civil confinement. 
4. 
Relief 
from 
duty to register. 
If 
the 
underlying 
conviction for 
a 
sex offense or sexually violent offense is 
reversed, vacated or set aside, or if the registrant is pardoned 
for the offense, registration or cQntinued registration as a seH 
e~~eBae~ 10-year registrant or seH~ally-vieleRt-p£eaate£ lifetime 
registrant is no longer required. 
Sec. C-24. 34-A MRS A §11226, first 1[, as enacted by PL 1999, c. 
437, §2, is amended to read: 
The bureau may charge a $25 annual fee to persons required 
to 
register 
under this 
chapter. 
SeH--eEEeRae£s--e£--seH~ally 
vieleR~-~eaate£6 Registrants shall pay the fee at the time of 
initial registration and shall pay the fee on each anniversary of 
their initial registration. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. /( 
.. to H.P. 1409, L.D. 1903 
Sec. C·2S. 34-A MRSA §11227, sub-§§l, 2, 3 and 6, as enacted by 
PL 2003, c. 452, Pt. S, §1 and affected by Pt. X, §2, are amended 
to read: 
1. 
Failure to register or update information. 
A seH 
e~~eBEleF--~--6eH\:l.a;!,;!,y-..y:..io-:J:.e.n.t...-pEeElateF-
registrant who fails to 
register or update the information required under this chapter 
commits a Class D crime. 
2. 
Failure to register or update information; 2nd offense. 
A 
seH-«.f-ende-£--&F---s~~a-l-ly-..y:..j,.o..J:..en..t=..-pF-eEiateF-
registrant who has 
one prior conviction for failure to register or update the 
information required under this chapter commits a Class D crime. 
3. 
Failure to register or update information; 
3rd or 
subsequent offense. 
A seH-~~~~Q~~-~-~~~-~1~leB~-pF-eEiateF­
regist[ant who 
fails 
to register or 
update the 
information 
required under this chapter when the 
SeH-~E'--t)£--&eH\:l.ad:d:y 
vi:ed:eB~--p£eEiateF-
registrant has 2 or more prior convictions in 
this State for violation of this chapter commits a Class C crime. 
6. 
Affirmative defense. 
It is an affirmative defense that 
the failure to register or update information resulted from just 
cause, except that seH-«.f-ende-l'-6--&F---6-eK-tla-l-ly-..y:..j,.o..J:..en..t=..-pF-eEiateEs 
registrants convicted from June 30, 1992 to September 17, 1999 
may not raise a defense under just cause that they were not aware 
of the registration requirement. 
Sec. C·26. 34-A MRSA §11253, as enacted by PL 2001, c. 439, 
Pt. 000, §15, is amended to read: 
§11253. 
Risk assessment 
The department shall establish and apply a risk assessment 
instrument to each seH--o-f-f-e-n(ie.£--afiQ--&eHaal-l-y--¥i-o-l-ent--pli'eEiaCoeli' 
registrant under its jurisdiction for the purpose of notification 
to law enforcement agencies and to the public. 
Sec. C-27. 34·A MRSA §11254, as amended by PL 2003, c. 371, 
§13, is further amended to read: 
§11254. 
Mandatory notification of conditional release or 
discharge of registrants 
The department, county jails, state mental health institutes 
and 
the 
Department 
of 
Public 
Safety, 
State 
Bureau 
of 
Identification are governed by the following notice provisions 
when a 
seH--o-f.f~--&F---s~~a-l-ly-..y:..iG-:J:.en.l;.-pF-eEiateE registrant is 
conditionally released or discharged. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 1409, L.D. 1903 
1. 
Duties. 
The department, a county jailor a state mental 
health institute shall give the Department of Public Safety, 
State Bureau of Identification notice of the following: 
A. 
The address where the 
seH-~~e~~e~-~--&&~~&~~y-v4eleB~ 
pFeea~eF registrant will be domiciled and reside; 
B. 
The address where the 
seH-~~~~e~-~--s~~a&~~y-v4eleB~ 
pFeea~eF registrant will work and attend college or school, 
if applicable; 
C. 
The 
geographic 
area 
seH~ally-v4eleB~-~~eea~eF~s 
is limited, if any; and 
to 
which 
a 
seH--e~~eBeeF~s--eF 
registrant's conditional release 
D. 
The status of the 
seH--G-E-f.e..aGe-l'--~---6e-K-\l.-a-l-lj'--v4eleB~ 
pFeea~eF registrant when released as determined by the risk 
assessment 
instrument, 
the 
e~~eBeeF~s---eF---pFeea~eF~s 
registrant's risk assessment score, 
a 
copy of the risk 
assessment instrument and applicable contact standards for 
the e~~eBeeF-eF-pFeea~eF registrant. 
2. 
Duties of the Department of Public Safety, State Bureau 
of Identification. 
Upon receipt of the information concerning 
the 
conditional 
release or 
discharge of 
a 
seH--e€€eBeeF--eF 
seH~ally--v-iQ..I-ent:--p~eea~eF registrant pursuant to subsection l, 
the Department of Public Safety, State Bureau of Identification 
shall 
forward 
the 
information 
in 
subsection 
to all 
law 
enforcement agencies that have jurisdiction in those areas where 
the 
seH-~~~--G-l'--GeK-\l.a-l-lj'--v-iQ..~-pFeea~eF registrant may ~ 
domiciled, reside, work or attend college or school. 
Sec. C·28. 34·A MRSA §§11255 and 11256, as enacted by PL 
2001, c. 439, Pt. 000, §15, are amended to read: 
§11255. 
Public notification 
1. 
Department. 
Upon the conditional release or discharge 
of a 
seH-e~~e~Qe~-~-~~~-~~k&a~-pFeea~eF registrant from a 
state correctional institution, the department shall give notice 
of the information under section 11254, subsection 1 to members 
of the public the department determines appropriate to ensure 
public safety. 
2. 
Law 
enforcement 
agencies. 
Upon 
receipt 
of 
the 
information concerning the conditional release or discharge of a 
seH-e~~e~Qe~-~-~~~-~i&~~a~-pFeea~eF registrant pursuant to 
section 11254, 
subsection 2, 
a 
law enforcement 
agency shall 
notify members of a municipality that the law enforcement agency 
determines appropriate to ensure public safety. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "1(, to H.P. 1409, L.D. 1903 
§11256. 
Risk assessment assistance 
Upon 
request, 
the 
department 
shall 
provide 
to 
law 
enforcement 
agencies 
technical 
assistance 
concerning 
risk 
assessment for purposes of notification to the public of a seH 
9EEeRQe~~6---~----seH~a±±y---~~~---pF9Qat9F~s 
registrant's 
conditional release or discharge. 
PARTD 
Sec. D·I. Research and report regarding potential offenders. 
The 
Department 
of 
Behavioral 
and 
Developmental 
Services, 
the 
Department of Human Services, the Department of Corrections and 
the Department of Public Safety, in cooperation with the Child 
Abuse 
Action Network 
and the Maine 
Coalition Against Sexual 
Assault, shall: 
1. 
Identify the subpopu1ation of potential offenders or 
young persons at risk of offending because 
they have 
been 
sexually abused or face a significant mental health disability, 
with recognition of the fact that over 95' of sex offenders are 
male; 
2. 
Identify the types of prevention and treatment currently 
known to work with these young persons; 
3. 
Coordinate prevention and education efforts with the 
goal of seeking coordinated services to transition at-risk youth 
to healthy adulthood; and 
4. 
Report findings to the joint standing committees of the 
Legislature having jurisdiction over health and human services 
and cr iminal justice and public safety matters no later than 
January 30, 2005. 
Sec. D·2. Retroactivity. 
Those sections of this Act that amend 
the Maine Revised Statutes, Title 34-A apply retroactively to 
June 30, 1992. 
PARTE 
Sec. 
E·I. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
JUDICIAL DEPARTMENT 
Courts -
Supreme, Superior, District 
The 
following 
and Administrative 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "K' to H.P. 1409, L.D. 1903 
Ini tiati ve: 
Provides funds to contract for computer programmer 
services. 
General Fund 
All Other 
General Fund Total 
2003-04 
$0 
$0 
2004-05 
$55,040 
$55,040 
Courts -
Supreme, Superior, District 
and Administrative 
Initiative: 
Provides funds to contract for evaluation services. 
General Fund 
2003-04 
2004-05 
All Other 
$0 
$40,000 
General Fund Total 
$0 
$40,000 
JUDICIAL DEPARTMENT 
DEPAR'DIENT TOTALS 
2003-04 
2004-05 
GENERAL FORD 
$0 
$95,040 
DEPARTMENT TOTAL -
ALL FOHDS 
$0 
$95,040' 
SUMMARY 
This 
amendment 
replaces 
the 
bill 
and 
combines 
the 
recommendations of the 
Commission to Improve 
the Sentencing, 
Supervision, Management and Incarceration of Prisoners, which was 
established pursuant to Public Law 
2003, chapter 451 and the 
recommendations of the Commission to Improve Community Safety and 
Sex Offender Accountability, which was established pursuant to 
Resolve 
2003, 
chapter 
75. 
The 
amendment 
also 
incorporates 
proposed changes to L.D. 617, "An Act Amending the Time by Which 
a Sex Offender or Sexually Violent Predator Must Register." 
Part A incorporates the recommendations of the Commission to 
Improve the Sentencing, Supervision, Management and Incarceration 
of Prisoners. 
Part A of the amendment does the following. 
1. 
It expands the responsibility of the judicial branch' S 
Drug Coordinator to include all criminal diversion programs and 
changes the title of the position to "Coordinator of Diversion 
and Rehabilitation Programs." 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '/(" to H.P. 1409, L.D. 1903 
2. 
It removes 
from the bill language that proposed to 
increase the monetary threshold for certain theft offenses. 
3. 
It repeals and replaces the section of law regarding the 
crime of burglary of a motor vehicle, breaking the crime into a 
Class C offense if the burglary involves a forcible entry and a 
Class D offense if there is no force used in entering the vehicle. 
4. 
It amends the section of law regarding the Class C crime 
of escape by removing from the crime an inmate's failure to 
appear 
for 
work, 
school 
or 
a 
meeting 
with 
the 
inmate's 
supervising officer while that inmate is on intensive supervision 
or supervised community confinement. 
The amendment makes failure 
to 
do 
any 
of 
these 
an 
administrative 
violation 
under 
the 
Department of Corrections. 
5. 
It creates 
new sentencing alternatives. 
Deferred 
disposition may be used for certain persons who have pled guilty 
to a Class C, Class D or Class E crime. 
Administrative release 
may be used for certain persons who have been convicted of a 
Class D or Class E crime. The amendment authorizes the court to 
convert probation to administrative release and authorizes the 
use of bail for deferred disposition. 
6. 
It restricts the use of probation for Class D and Class 
E 
crimes 
to 
those 
crimes 
involving 
domestic 
violence, 
sex 
offenses and repeat OUI offenses. 
7. 
It reduces 
for all crimes, 
except those 
involving 
domestic violence and sex offenses, the length of time a person 
may be sentenced to probation to 4 years for Class A crimes, 3 
years for Class B crimes and 2 years for Class C crimes. 
Sex 
offenses and crimes involving domestic violence continue to be 
eligible for probation not to exceed 6 years for Class A crimes 
and not to exceed 4 years for Class B crimes and Class C crimes. 
8. 
It clarifies that, 
once 
a 
period of probation has 
commenced, the court has authority to terminate that probation at 
any time. 
9. 
It removes from the bill language that proposed to grant 
the sentencing court the authority to deviate from a mandatory 
m~n~mum 
sentence 
and 
mandatory 
m~n~mum 
fine 
in 
those 
circumstances when the court determined that the mandatory fine 
or 
sentence 
would 
create 
a 
substantial 
injustice 
and 
the 
deviation would not diminish the gravity of the offense or 
adversely affect public safety. 
10. 
It removes from the bill language that proposed to 
require that a notice of a defendant's release sent to a victim 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~, to H.P. 1409, L.D. 1903 
include a phone number or address of a publicly accessible site 
on the Internet so the victim can learn the earliest possible 
date 
of 
the expiration of 
the 
imprisonment portion of 
the 
defendant's sentence. 
11. 
It provides 
that 
a 
person 
who 
is entitled to 
a 
deduction from that person's sentence for time spent in detention 
may be given additional detention credit of up to 2 days per 
month for good behavior during the time spent in detention. 
12. 
Except for persons who commit murder, sex offenses or 
crimes involving domestic violence, it increases the amount of 
good behavior good time that may be awarded from 2 to 4 days. 
The increase in good time may be applied to persons who commit 
crimes on or after August 1, 2004. 
Persons convicted of the 
excepted crimes continue to be eligible for a total of only 5 
days of good time per month as allowed under current law. 
The 
5-day 
total 
includes 
a 
combination 
of 
good 
behavior 
and 
meritorious good time. 
13. 
Except for persons who commit murder, sex offenses or 
crimes involving domestic violence, it expands the concept of 
good 
time earned for 
work 
to 
include 
good 
time earned for 
education and rehabilitation and increases the amount that may be 
awarded from 
to 
days for prisoners in state facilities 
participating in community programs. 
The increase in good time 
may be applied to persons who commit crimes on or after August 1, 
2004. 
Again, persons convicted of the excepted crimes continue 
to be eligible for a total of only 5 days of good time per month 
as 
allowed 
under 
current 
law. 
The 
5-day total includes 
a 
combination of good behavior and meritorious good time. 
Those 
eligible for the increases in good time may earn up to a total of 
days per month. 
14. 
It precludes a court, in setting the appropriate length 
of a term of imprisonment, from factoring in the potential impact 
of 
good 
time 
deductions 
provided 
under 
the 
Maine 
Revised 
Statutes, Title l7-A, section 1253, except in cases in which the 
parties jointly recommend a "time served" sentence or recommend a 
sentence 
in 
which 
the 
total 
term 
of 
imprisonment 
or 
an 
unsuspended portion of that term has been calculated to achieve a 
specific projected release date. 
15. 
It replaces the proposed language regarding community 
corrections 
funds 
and 
directs 
each 
county 
to 
provide 
documentation verifying to the Department of Corrections that 20% 
of its funds under the County Jail Prisoner Support and Community 
Corrections Fund were expended on community corrections in order 
to receive that 20°-& of its distribution in the following year. 
If a county cannot verify the required expenditure, that county's 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/1,, to H.P. 1409, L.D. 1903 
20'%. will be distributed to the counties that are in compliance, 
based on the percentage distribution rate described in Title 
34-A, section 1210-A, subsection 3. 
16. 
It gives the Commissioner of Corrections authority to 
place on supervised community confinement a prisoner with 2 years 
of incarceration remaining, if that prisoner meets all other 
eligibility requirements for supervised community confinement. 
However, 
the commissioner may not use this expanded authority 
until the average statewide probation case load is no more than 
probationers to one probation officer. 
17. 
It amends the reporting requirements of the bill that 
direct the 
Department of Corrections 
and 
the 
Department of 
Behavioral and Developmental Services to create a plan of action 
to address mental illness in the criminal justice system. 
The 
amendment directs the departments to report to the Commission to 
Improve the Sentencing, Supervision, Management and Incarceration 
of Prisoners by July 1, 2004 and to report to the joint standing 
committee of the Legislature having jurisdiction over criminal 
justice and public safety matters by January 2005. 
18. 
It removes from the bill language that proposed to 
place a one-year moratorium on changes to the Maine Criminal Code. 
19. 
It removes from the bill language that proposed to 
require the Commission to Improve the Sentencing, Supervision, 
Management and Incarceration of Prisoners, in cooperation with 
the Criminal Law Advisory Commission, to review, assess and make 
recommendations regarding the impacts of sentencing and minimum 
mandatory sentences. 
20. 
It requests that, by May 1, 2005, the courts and the 
district attorneys, within existing resources, 
report to the 
joint standing committee of the Legislature having jurisdiction 
over criminal justice and public safety matters the following: 
how often the sentencing alternatives of deferred disposition and 
administrative 
release 
were 
used 
and 
an 
assessment 
of 
the 
effectiveness 
of 
these 
alternatives 
in 
ensuring 
the 
accountability and rehabilitation of offenders, as well as any 
impact on recidivism rates; the impact of the use of deferred 
disposition and administrative release on the resources of the 
courts; 
the 
impact of the 
use 
of deferred disposition and 
administrative 
release 
on 
the 
resources 
of 
the 
district 
attorneys; and any recommendations regarding how to improve the 
procedures for imposing and enforcing the sentencing alternatives 
of deferred disposition and administrative release. 
Parts 
Commission 
B, 
C and D 
to 
Improve 
incorporate 
Community 
the recommendations of the 
Safety 
and 
Sex 
Offender 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "1<" to H.P. 1409, L.D. 1903 
Accountability and the proposed changes to L.D. 
617, 
"An Act 
Amending the Time by Which a Sex Offender or Sexually Violent 
Predator Must Register." 
Part B does the following. 
1. 
It repeals the chapter dealing with sexual exploitation 
of minors, Title 17, chapter 93-B and reenacts it as Title 17-A, 
chapter 12 and corrects cross-references. 
2. 
It raises the classification of sex crimes committed 
against children who have not attained 12 years of age. 
Without 
imposing new minimum mandatory sentences, the amendment provides 
courts, when victims are under 12 years of age, with an increased 
potential 
range 
of 
penalties 
by 
raising 
by 
one 
class 
the 
following crimes: 
A. 
Unlawful sexual contact when the actor is at least 3 
years older than the victim, from a Class C crime to a Class 
B crime, and when the actor is at least 3 years older than 
the victim and there is penetration, from a Class B crime to 
a Class A crime: 
B. 
Visual sexual aggression against a child, only when the 
person acts for the purpose of arousing or gratifying sexual 
desire, from a Class D crime to a Class C crime: 
C. 
Sexual misconduct with a child, from a Class D crime to 
a Class C crime; 
D. 
Solicitation of 
a 
child 
by 
computer 
to 
commit 
a 
prohibited act, from a Class D crime to a Class C crime; 
E. 
Sexual exploitation of a minor, from a Class B crime to 
a Class A crime; 
F. 
Dissemination of sexually explicit materials, 
from 
a 
Class C crime to a Class B crime for the first offense and 
from a Class B crime to a Class A crime for a subsequent 
offense; and 
G. 
Possession of sexually explicit materials, from a Class 
D crime to a Class C crime and from a Class C crime to a 
Class B crime for a subsequent offense. 
3. 
It increases 
the 
period 
of 
probation 
for 
persons 
convicted of sex crimes committed against children who have not 
attained 12 years of age. 
Without imposing ml.nl.mum mandatory 
sentences, the amendment provides courts, when victims are under 
years of age, with an increased potential range of penalties 
by increasing periods of probation for persons convicted under 
Title 17-A, chapter 11 or 12 as follows: 
COMMITTEE AMENDMENT 
, ,. 
COMMITTEE AMENDMENT "K' to H.P. 1409, L.D. 1903 
A. 
For a person convicted of a Class A crime, a period of 
probation not to exceed 18 years; 
B. 
For a person convicted of a Class B crime, a period of 
probation not to exceed 12 years; and 
C. 
For a person convicted of a Class C crime, a period of 
probation not to exceed 6 years. 
4. 
It authorizes 
the 
court 
to 
sentence 
a 
person 
to 
probation for life if the person commits gross sexual assault 
against a person under 12 years of age and that person has a 
prior conviction for committing gross sexual assault, rape or 
gross sexual misconduct against a victim who had not attained 12 
years of age at the time of the offense. 
The amendment also 
requires the court to attach, as a condition of probation, the 
requirement 
that 
the 
person 
participate 
in 
counseling 
or 
treatment to the satisfaction of the probation officer. 
5. 
It requires the court, when exercising its sentencing 
discretion, to give serious consideration to the fact that a 
person convicted of a Class A crime of gross sexual assault also 
has a previous conviction for a Class B or Class C crime of 
unlawful sexual contact, if the State pleads and proves that fact. 
6. 
It requires the court, when exercising its sentencing 
discretion, to give serious consideration to the fact that a 
person convicted of 
a 
crime under Title l7-A, 
section 
253, 
subsection 1, paragraph C or Title l7-A, section 282, subsection 
1, paragraph C or F committed the crime against a person who had 
not attained 12 years of age, if the State pleads and proves that 
fact. 
7. 
It renames "dangerous sexual offender," defined in Title 
l7-A, 
section 1252, subsection 4-B, 
as "repeat sexual assault 
offender." 
Part C does the following. 
1. 
It changes the names of registration categories in the 
Sex Offender Registration and Notification Act of 1999, 
also 
known as the "SORNA of 1999," from "sexually violent predators" 
and 
"sex 
offenders" 
to 
"lifetime 
registrants" 
and 
"la-year 
registrants," 
respectively 
and 
corrects 
references 
in 
other 
titles. 
2. 
It moves the 2 Class D unlawful sexual contact offenses 
that currently require 
lifetime registration to 
the 
la-year 
registration category. 
COMMITTEE AMENDMENT 
\ '<"", 
COMMITTEE AMENDMENT "~,, to H.P. 1409, L.D. 1903 
3. 
In the 
SaRNA 
of 
1999 it amends 
the definition of 
"domicile" and creates the new definition "residence" for the 
purpose of better tracking and verifying the location of persons 
who must register. 
It amends the definitions of "sex offense" 
and "sexually violent offense" to more accurately comply with the 
federal registration guidelines, including adding to the list of 
registerable offenses the former crime of rape, restoring the 
former crimes of unlawful sexual contact and solicitation of a 
child by computer to commit a prohibited act, moving from the 
definition of "sex offense" to "sexually violent offense" the 
crimes of unlawful sexual contact that involve penetration and 
adding 
newly 
created offenses. 
It also specifies 
that for 
purposes 
of 
registration, 
criminal 
restraint 
and 
kidnapping 
committed 
by 
a 
parent 
are 
not 
registerable 
offenses. 
The 
amendment 
also 
adds 
the 
following 
new definitions: 
"another 
state," "registrant," "jurisdiction," and "tribe" to be more 
consistent with federal law. 
4. 
It decreases 
the time period that registrants must 
register or update registration information with the State Bureau 
of Identification from 10 days to 5 and adds the requirement that 
a 
registrant must 
notify the 
law 
enforcement 
agency having 
jurisdiction 
where 
the 
person 
must 
register 
or 
update 
registration information within 24 hours. 
5. 
It authorizes the State to suspend the requirement that 
a sex offender or sexually violent predator register during any 
period in which the registrant leaves the State, establishes a 
domicile in another state and remains physically absent from the 
State. 
6. 
It leaves unchanged the annual fee paid by a person who 
must register under the SaRNA of 1999. 
Part D does the fOllowing. 
1. 
It 
directs 
the 
Department 
of 
Behavioral 
and 
Developmental Services, 
the Department of Human Services, 
the 
Department of Corrections and the Department of Public Safety, in 
cooperation with the Child Abuse Action Network and the Maine 
Coalition Against Sexual Assault to: 
A. 
Identify the subpopulation of potential offenders or 
young persons at risk of offending because they have been 
sexually or physically abused or face a significant mental 
health disability, with recognition of the fact that over 
95% of sex offenders are male; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '~I to H.P. 1409, L.D. 1903 
B. 
Identify the types of prevention and treatment currently 
known to work with these young persons; 
C. 
Coordinate prevention and education efforts with the 
goal of seeking coordinated services to transition at-risk 
youth to healthy adulthood; and 
D. 
Report findings to the joint standing committees of the 
Legislature 
having 
jurisdiction 
over 
health 
and 
human 
services matters 
and criminal justice and public safety 
matters. 
2. 
It incorporates the Criminal Law Advisory Commission' s 
proposed 
changes 
to 
definitions 
under 
the 
Sex 
Offender 
Registration and Notification Act of 1999. 
3. 
It makes all changes to the Sex Offender Registration 
and Notification Act of 1999 retroactive to June 30, 1992. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Approved: 04/02104 ;:J'dae 
Office of Fiscal and Program Review 
LD 1903 
An Act To Further Implement the Recommendations of the Commission 
To Improve the Sentencing, Supervision, Management and Incarceration 
of Prisoners 
LR 2718(03) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$0 
$0 
2004-05 
$95,040 
$95,040 
Projections 
2005-06 
$47,000 
$47,000 
Projections 
2006-07 
$48,500 
$48,500 
Correctional and Jndicial Impact Statements: 
Increase the class of crimes that involve victims under the age of 12; incurring correctional and judicial costs 
Establishes new Class A, Class B and Class C crimes 
Fiscal Detail and Notes 
The bill includes a one-time General Fund appropriation of$55,040 in fiscal year 2004-05 to the Judicial Department 
to contract with a computer progrannner to accommodate the new sentencing options. It also includes a General Fund 
appropriation of $40,000 in fiscal year 2004-05, and requires future appropriations of $47,000 in fiscal year 2005-06 
and $48,500 in fiscal year 2006-07 to contract for evaluation services to conduct a review and report on new 
sentencing alternatives for deferred disposition and administrative release. The Judicial Department has indicated that 
neither it nor the District Attorneys have the resources to conduct a study of such magnitude. 
The anticipated reductions in length of irnprisorunents will result in a future cost avoidance to the Department of 
Corrections for not having to build or purchase bed space in the near future. This future cost avoidance will be 
partially offset by higher costs for proposed increased sentences for certain sex offenders. The net effect is expected 
to bring the correctional facilites population down to budgeted capacity, thus having no net current or future fiscal 
impact on the Department of Corrections. 
The additional costs associated with directing the Department of Behavioral and Developmental Services and the 
Department of Corrections to develop a joint plan of action to address mental illness in the criminal justice community 
can be absorbed by the above mentioned agencies utilizing existing budgeted resources. 
The Department of the Attorney General has indicated that there is insufficient information to determine the fiscal 
impact to the District Attorneys of monitoring defendants on administrative release and deferred disposition. 
LR2718(3) - Fiscal Note - Page 1 of2 
Current costs - Legislative Study 
Legislative Study 
The Legislature will require $840 in fiscal year 2003-04 and $2,520 in fiscal year 2004-05 to cover the projected 
legislative costs to extend the life of the Commission. These amounts are not appropriated in this bill and are not 
shown in the numbers on the front of this fiscal note because the Legislature has budgeted $30,000 in fiscal year 2003-
and $20,000 in fiscal year 2004-05 for legislative studies. Whether these amounts are sufficient to fund all studies 
including this one will depend on the number of studies authorized by the Legislative Council and the Legislature. 
Other expenses attributable to the extension may be paid from the remaining balance of the original appropriation to 
the Department of Corrections for the Commission. 
LR2718(3) - Fiscal Note - Page 2 of2