An Act To Amend the Laws Pertaining to the Department of Corrections LR 1961(02)
Maine Legislature, Session 121, LD 1497
Committee Amendment CA_A_H248 (House)
Amends: 15 MRSA §1105, 17-A MRSA §1253

COMMITTEE AMENDMENT II}" to H. P. 1094, L. D. 1497, Bi 11, "An 
Act To Amend the Laws Pertaining to the Department of Corrections" 
Amend 
the bill by 
striking out all of 
section 
and 
inserting in its place the following: 
'Sec. 2. 15 MRSA §1105, as enacted by PL 2001, c. 318, §l, is 
amended to read: 
SII05. Alcohol and drug treatment program 
As 
a condition of post-conviction release, the court may 
impose the condition of participation in an alcohol and drug 
treatment program for a period not to exceed 24 months pursuant 
to Title 4, 
chapter 8. 
Upon 
request of the Department of 
Corrections, 
the 
court 
may 
require 
the 
defendant 
to 
pay 
a 
substance abuse testing fee as a requirement of participation in 
the alcohol or drug treatment program. 
If at any time the court 
finds probable cause that a defendant released with a condition 
of participation in an alcohol and drug treatment program has 
intentionally 
or 
knowingly 
violated 
any 
requirement 
of 
the 
defendant's 
participation 
in 
the 
alcohol 
or 
drug 
treatment 
program, the court may suspend the order of bail for a period of 
up to 7 days for any such violation. 
The defendant must be given 
an opportunity to personally address the court prior to the 
suspension of an order of bail under this section. 
A period of 
suspension of bail is a period of detention under Title 17-A, 
section 1253, subsection 2. 
This section does not restrict the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A " to H.P. 1094, L.D. 1497 
ability of the court to take actions other than suspension of the 
order of bail for the violation of a condition of participation 
in an alcohol and drug treatment program or the ability of the 
court to entertain a motion to revoke bail under section 1098 and 
enter any dispositional order allowed under section 1099-A. 
If 
the court orders participation in a drug and alcohol treatment 
program under this section, 
upon sentencing the court shall 
consider whether there has been compliance with the program.' 
Further amend the bill by striking out all of section 6 and 
inserting in its place the following: 
·Sec. 6. 17-A MRSA §1253, sub-§2, as amended by PL 1997, c. 
464, §4, is further amended to read: 
2. 
Each person sentenced to imprisonment who has previously 
been detained for the conduct for which the sentence is imposed 
in any state facility or county institution or facility or in any 
local lockup awaiting trial, during trial, post-trial awaiting 
sentencing or post-sentencing prior to the date on which the 
sentence commenced to run either to await transportation to the 
place of imprisonment specified, or pursuant to court order, and 
not 
in execution of 
any other 
sentence 
of 
confinement, 
is 
entitled to receive a day-for-day deduction from the total term 
of imprisonment required under that sentence. 
Each person is 
entitled to receive the same deduction for any such period of 
detention in any federal, 
state or county institution, local 
lockup or similar facility in another jurisdiction, including any 
detention resulting 
from 
being 
a 
fugitive 
from 
justice, 
as 
defined by Title 15, section 201, subsection 4, unless the person 
is simultaneously being detained for non-Maine conduct. 
For 
the 
purpose 
of 
calculating 
the 
day-for-day 
deduction 
specified by this subsection, a "day" means 24 hours. 
The total term required under the sentence of imprisonment is 
reduced by the total deduction of this subsection prior to 
applying any of the other deductions specified in this section or 
in Title 30-A, section 1606. 
The attorney representing this State shall furnish the court, at 
the time of sentencing or within 10 days thereafter, a statement 
showing the total deduction of this subsection, to that point in 
time, and the statement must be attached to the official records 
of the commitment. 
The sheriff or other person upon whom the legal duty is imposed 
to deliver a sentenced person who is-eB~i~~e4-~~~~~~~»-~e~ 
a--pe~iee--e~--eetentien--pest-sentenein~ has 
been detained as 
specified in this subsection shall, at-the-time within 30 days of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "/I,, to H.P. 1094, L.D. 1497 
delivery, furnish to the custodian a statement showing the length 
of that pes~-seB~eBeiB~ detention. 
In addition, the transporter 
shall furnish to the seB~eBeiB~-eeYE~ attorney for the State the 
same statement ~aa~-mY£~-~~~~-~e-~£e-~~-~~~-~rG&-ef 
~ae-eeffiffi4~ffieB~. 
The custodian shall use the statement furnished 
to determine the day for day deduction to which the person is 
entitled, if any, unless, within 15 days of its receipt, the 
attorney for the State furnishes 
a 
revised statement to the 
custodian. ' 
Further amend the bill by inserting after section 15 the 
following: 
'Sec. 
16. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
CORRECTIONS, DEPARTMENT OF 
Adult Community Corrections 
The 
following 
Initiative: 
Provides funds for costs associated with substance 
abuse testing. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
SUMMARY 
2003-04 
$500 
$500 
2004-05 
$500 
$500' 
This 
amendment 
specifies that, 
upon the request of the 
Department of Corrections, the court may order a defendant to pay 
a substance abuse testing fee as a requirement of participation 
in the alcohol or drug treatment program. 
This amendment also 
gives 
the 
attorney for 
the 
State 
an 
opportunity to 
review 
calculations of presentence detention for purposes of determining 
when 
a 
defendant 
may 
be 
released 
from 
incarceration. 
The 
amendment also adds an appropriation and allocation section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Approved: 04/27 103 ~aC!. 
Office of Fiscal and Program Review 
LD 1497 
An Act To Amend the Laws Pertaining to the Department of Corrections 
LR 1961(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$500 
$500 
2004-05 
$500 
$500 
Projections 
2005-06 
$500 
$500 
Projections 
2006-07 
$500 
Authorizing the Department of Corrections to request that the court may order certain probationers to pay a substance 
abuse testing fee will result in an increase in dedicated revenue and require a corresponding Other Special Revenue 
allocation of $500 annually. 
LR1961(2) - Fiscal Note - Page 1 of 1