An Act To Further Implement the Recommendations of the Commission To Improve the Sentencing, Supervision, Management and Incarceration of Prisoners
Maine Legislature, Session 121, LD 1903
Committee: Criminal Justice and Public Safety
Amends: 4 MRSA §422, 15 MRSA §1004, 17-A MRSA §15, 17-A MRSA §352, 17-A MRSA §354, 17-A MRSA §354-A, 17-A MRSA §356-A, 17-A MRSA §357, 17-A MRSA §358, 17-A MRSA §359, 17-A MRSA §40, 17-A MRSA §703, 17-A MRSA §708, 17-A MRSA §755, 17-A MRSA §1152, 17-A MRSA §1202, 17-A MRSA §1252, 17-A MRSA §1253, 34-A MRSA §1210-A

Legislative Document 
No. 1903 
H.P.1409 
House of Representatives, March 3, 2004 
An Act To Further Implement the Recommendations of the 
Commission To Improve the Sentencing, Supervision, Management 
and Incarceration of Prisoners 
(EMERGENCY) 
Reported by Representative GROSE of Woolwich for the Commission to Improve the 
Sentencing, Supervision, Management and Incarceration of Prisoners pursuant to Public Law 
2003, chapter 451, Part K, section 2 and Resolve 2003, chapter 101, section 3. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Printed on recycled paper 
11/~ 
/J7.11ldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, state prisons and county jails are filled beyond 
available budgeted bed capacity; and 
Whereas, this overcrowding imposes an imminent danger to 
the safety of 
inmates, 
corrections officers, 
law enforcement 
officers and the public; and 
Whereas, 
this 
overcrowding 
is 
the 
direct 
cause 
of 
an 
escalation in the number of inmate suicides and in the type and 
number 
of 
injurious 
attacks 
on 
corrections 
officers, 
law 
enforcement officers and other inmates; and 
Whereas, this overcrowding imposes 
a 
financial burden on 
Maine's taxpayers; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §422, sub-§I, as enacted by PL 1999, c. 780, 
§l, is repealed and the following enacted in its place: 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 
Diversion 
and 
Rehabilitation Programs is responsible for helping the judicial 
branch 
establish, 
stafL 
coordinate, 
operate 
and 
evaluate 
diversion and rehabilitation programs in the courts. 
Sec. 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-throuqh services. 
The Administrative Office of the 
Courts, with the assistance of the 
9!'\HJ--C-&blFt: Coordinator of 
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 
Page l-LR2718 (1) 
alcohol and drug treatment programs 
substance abuse treatment resources 
treatment program participants; 
must access 
for alcohol 
existing 
and drug 
B. 
The Department 
Corrections or other 
for 
supervision 
of 
participants; 
of Corrections, Division of Community 
appropriate organizations to provide 
alcohol 
and 
drug 
treatment 
program 
C. 
The 
Department 
of Corrections 
or 
other 
organizations to provide for drug testing of 
drug treatment program participants; 
appropriate 
alcohol and 
D. 
Appropriate organizations to provide for a drug court 
manager at each alcohol and drug treatment program location; 
aREI. 
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 
other 
appropriate 
organizations 
and 
agencies 
to 
encourage the development of diversion and rehabilitation 
programs: and 
G. Appropriate organizations and agencies for the provision 
of 
medical, 
educational, 
vocational, 
social 
and 
psychological 
services, 
training, 
counseling, 
residential 
care and other rehabilitative services designed to create, 
improve or coordinate diversion or rehabilitation programs. 
Sec. 3. 15 MRSA §1004, as amended by PL 1999, c. 788, §l, is 
further amended to read: 
§1004. 
Applicability and exclusions 
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 
Ti tIe 
-A, 
sections 
1205 
to 
1207 
el'L 
supervised 
release 
revocation 
proceedings 
under 
Title 
17-A, 
section 
1233 
or 
administrati ve release revocation proceedings under Ti tle 17 A, 
sections 1349 to 1349-F, 
except to the extent and under the 
conditions stated in those sections. 
It does 
not apply to a 
deferred 
disposition 
under 
Title 
17-A, 
chapter 
F. 
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 42 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. 4. 17-A MRSA §15, sub-§I, 1IA, as amended by PL 2003, c. 
102, §1, is further amended by amending sub-,[(6) to read: 
(6) 
Theft as defined in section 357, when the value of 
the services is $lTQQQ $3,000 or less if the officer 
reasonably 
believes 
that 
the 
person 
will 
not 
be 
apprehended unless immediately arrested; 
Sec. 5. 17-A MRSA §352, sub-§5, 1ID, as amended by PL 2001, c. 
389, §2, is further amended to read: 
D. 
If the value of property or services 
eaRR9~ can not be 
ascertained 
beyond 
a 
reasonable 
doubt 
pursuant 
to 
the 
standards set forth in paragraphs A to C, the trier of fact 
may find the value to be not less than a certain amount, and 
if no such minimum value can be thus ascertained, the value 
is deemed to be an amount less than $§QQ $1,000. 
Sec. 6. 17 -A MRSA §353, sub-§ 1, 1IB, as amended by PL 2001, c . 
667, Pt. D, §3 and affected by §36, is further amended to read: 
B. 
The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this subparagraph is a Class B crime; 
(2) 
The property stolen is 
device. 
Violation of this 
crime; 
a firearm or an explosive 
subparagraph is a Class 
B 
(3) 
The person is armed with a dangerous weapon at the 
time of the offense. 
Violation of this subparagraph is 
a Class B crime; 
(4) 
The value of the property is 
$3,000 but not more than $10,000. 
subparagraph is a Class C crime; 
more than $lTQQQ 
Violation of this 
(5) 
The value of the property is more than $§QQ $1,000 
but not more than $lTQQQ $3,000. 
Violation of this 
subparagraph is a Class D crime; or 
(6) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
section 401 in which the crime intended to be committed 
inside the structure is theft; any violation of section 
in which the crime intended to be committed inside 
the motor vehicle is theft; any violation of section 
651; 
any violation of section 702, 
or 708; 
or 
attempts thereat. 
Section 9-A governs the use of prior 
convictions when determining a sentence. 
Violation of 
this subparagraph is a Class C crime. 
Sec. 7. 17-A MRSA §354, sub-§l, ,B, as amended by PL 2001, c. 
667, Pt. D, §4 and affected by §36, is further amended to read: 
B. 
The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this subparagraph is a Class B crime; 
(2) 
The property stolen is a firearm or an explosive 
device. 
Violation of this subparagraph is a Class 
B 
crime; 
(3) 
The person is armed with a dangerous weapon at the 
time of the offense. 
Violation of this subparagraph is 
a Class B crime; 
(4) 
The value of the property is 
$3,000 but not more than $10,000. 
subparagraph is a Class C crime; 
more than $lTGGG 
Violation of this 
(5) 
The value of the property is more than $§GG $1,000 
but not more than $lTGGG $3,000. 
Violation of this 
subparagraph is a Class D crime; or 
(6) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
section 401 in which the crime intended to be committed 
inside the structure is theft; any violation of section 
in which the crime intended to be committed inside 
the motor vehicle is theft; any violation of section 
651; 
any violation of section 702, 
or 708; 
or 
attempts thereat. 
Section 9-A governs the use of prior 
convictions when determining a sentence. 
Violation of 
this subparagraph is a Class C crime. 
Sec. 8. 17-A MRSA §354-A, sub-§l,~, as amended by PL 2001, 
c. 667, Pt. D, §5 and affected by §36, is further amended to read: 
B. 
The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this subparagraph is a Class B crime; 
(2) 
The property stolen is 
device. 
Violation of this 
crime; 
a firearm or an explosive 
subparagraph is a Class 
B 
(3) 
The person is armed with a dangerous weapon at the 
time of the offense. 
Violation of this subparagraph is 
a Class B crime; 
(4) 
The value of the property is 
$3,000 but not more than $10,000. 
subparagraph is a Class C crime; 
more than $lTGGG 
Violation of this 
(5) 
The value of the property is more than $§GG $1,000 
but not more than $lTGGG $3,000. 
Violation of this 
subparagraph is a Class D crime; or 
(6) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
section 401 in which the crime intended to be committed 
inside the structure is theft; any violation of section 
in which the crime intended to be committed inside 
the motor vehicle is theft; any violation of section 
651; 
any violation of section 702, 
or 708; 
or 
attempts thereat. 
Section 9-A governs the use of prior 
convictions when determining a sentence. 
Violation of 
this subparagraph is a Class C crime. 
Sec. 9. 17-A MRSA §356-A~ sub-§l~~, as amended by PL 200l, 
c. 667, Pt. D, §6 and affected by §36, is further amended to read: 
B. 
The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this subparagraph is a Class B crime; 
(2) 
The property stolen is 
device. 
Violation of this 
crime; 
a firearm or an explosive 
subparagraph is a Class B 
(3) 
The person is armed with a dangerous weapon at the 
time of the offense. 
Violation of this subparagraph is 
a Class B crime; 
667, 
(4) 
The value of the property is 
$3,000 but not more than $10,000. 
subparagraph is a Class C crime; 
more than $lTGGG 
Violation of this 
(5) 
The value of the property is more than $eGG $1,000 
but not more than $lTGGG $3,000. 
Violation of this 
subparagraph is a Class D crime; or 
(6) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
section 401 in which the crime intended to be committed 
inside the structure is theft; any violation of section 
in which the crime intended to be committed inside 
the motor vehicle is theft; any violation of section 
651; 
any violation of section 702, 
or 708; 
or 
attempts thereat. 
Section 9-A governs the use of prior 
convictions when determining a sentence. 
Violation of 
this subparagraph is a Class C crime. 
Sec. 10. 17-A MRSA §357, sub-§I, 1[B, as amended by PL 2001, c. 
Pt. D, §7 and affected by §36, is further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the services is more than $10,000. 
Violation of this subparagraph is a Class B crime; 
(2) 
The person is armed with a dangerous weapon at the 
time of the offense. 
Violation of this subparagraph is 
a Class B crime; 
(3) 
The value of the services is 
$3,000 but not more than $10,000. 
subparagraph is a Class C crime; 
more than $lTGGG 
Violation of this 
(4) 
The value of the services is more than $eGG $1,000 
but not more than $lTGGG $3,000. 
Violation of this 
subparagraph is a Class D crime; or 
(5) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
section 401 in which the crime intended to be committed 
inside the structure is theft; any violation of section 
in which the crime intended to be committed inside 
the motor vehicle is theft; any violation of section 
651; 
any violation of section 702, 
or 708; 
or 
attempts thereat. 
Section 9-A governs the use of prior 
convictions when determining a sentence. 
Violation of 
this subparagraph is a Class C crime. 
Sec. 11. 17-A MRSA §357, sub-§2, 1JB, as amended by PL 2001, c. 
667, Pt. D, §8 and affected by §36, is further amended to read: 
B. 
The person violates paragraph A and: 
(1) 
The value of the services is more than $10,000. 
Violation of this subparagraph is a Class B crime; 
(2) 
That person is armed with 
the 
time 
of 
the 
offense. 
subparagraph is a Class B crime; 
a dangerous 
Violation 
weapon at 
of 
this 
(3) 
The value of the services is 
$3,000 but not more than $10,000. 
subparagraph is a Class C crime; 
more than $lTQQQ 
Violation of this 
(4) 
The value of the services is more than $§Qg $1,000 
but not more than $lTQQ9 $3,000. 
Violation of this 
subparagraph is a Class D crime; or 
(5) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
section 401 in which the crime intended to be committed 
inside the structure is theft; any violation of section 
in which the crime intended to be committed inside 
the motor vehicle is theft; any violation of section 
651; 
any violation of section 702, 
or 
708; 
or 
attempts thereat. 
Section 9-A governs the use of prior 
convictions when determining a sentence. 
Violation of 
this subparagraph is a Class C crime. 
Sec. 12. 17-A MRSA §358, sub-§I, 1JB, as amended by PL 2001, c. 
667, Pt. D, §9 and affected by §36, is further amended to read: 
B. 
The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this subparagraph is a Class B crime; 
(2) 
The property stolen is 
device. 
Violation of this 
crime; 
a firearm or an explosive 
subparagraph is a Class 
B 
(3) 
The person is armed with a dangerous weapon at the 
time of the offense. 
Violation of this subparagraph is 
a Class B crime; 
(4) 
The value of the property is more than $2,000 and 
the person is a payroll processor. 
Violation of this 
paragraph is a Class B crime; 
(5) 
The value of the property is 
$3,000 but not more than $10,000. 
subparagraph is a Class C crime; 
more than 
$~TQQQ 
Violation of this 
(6) 
The value of the property is more than $§QQ $1,000 
but not more than :UTQQQ $3,000. 
Violation of this 
subparagraph is a Class D crime; 
(7) 
The value of the property is more than $1,000 but 
not more 
than $2,000 
and 
the person is 
a 
payroll 
processor. 
Violation of this subparagraph is a Class C 
crime; 
(8) 
The person is a payroll processor and has 2 prior 
Maine 
convictions 
for 
any 
combination 
of 
the 
following: 
theft; 
any violation of section 401 
in 
which the crime intended to be committed inside the 
structure is theft; any violation of section 405 in 
which the crime intended to be committed inside the 
motor vehicle is theft; any violation of section 651; 
any violation of section 702, 703 or 708; or attempts 
thereat. 
Section 
9-A 
governs 
the 
use 
of 
prior 
convictions when determining a sentence. 
Violation of 
this subparagraph is a Class B crime; or 
(9) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
section 401 in which the crime intended to be committed 
inside the structure is theft; any violation of section 
in which the crime intended to be committed inside 
the motor vehicle is theft; any violation of section 
651; 
any violation of section 702, 
or 708; 
or 
attempts thereat. 
Section 9-A governs the use of prior 
convictions when determining a sentence. 
Violation of 
this subparagraph is a Class C crime. 
Sec. 13. 17-A MRSA §359, sub-§I, ,B, as amended by PL 2001, c. 
667, Pt. D, §10 and affected by §36, is further amended to read: 
B. 
The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this subparagraph is a Class B crime; 
(2) 
The property stolen is a firearm or an explosive 
device. 
Violation of this subparagraph is a Class B 
crime; 
(3) 
The person is armed with a dangerous weapon at the 
time of the offense. 
Violation of this subparagraph is 
a Class B crime; 
(4) 
The value of the property is 
$3,000 but not more than $10,000. 
subparagraph is a Class C crime; 
more than 
$lTGGG 
Violation of this 
(5) 
The value of the property is more than $§GG $1,000 
but not more than $lTGGG $3,000. 
Violation of this 
subparagraph is a Class D crime; or 
(6) 
The person has 2 prior Maine convictions for any 
combination of the following: 
theft; any violation of 
section 401 in which the crime intended to be committed 
inside the structure is theft; any violation of section 
in which the crime intended to be committed inside 
the motor vehicle is theft; any violation of section 
651; 
any violation of section 702, 
or 708; 
or 
attempts thereat. 
Section 9-A governs the use of prior 
convictions when determining a sentence. 
Violation of 
this subparagraph is a Class C crime. 
Sec. 14. 17-A MRSA §40S, sub-§2, as enacted by PL 1989, c. 
263, is amended to read: 
2. 
Burglary of a motor vehicle is a Class G n crime. 
Sec. 15. 17-A MRSA §703, sub-§I, "A-l and B-1, as amended by 
PL 
2001, c. 667, Pt. 
D, 
§13 and affected by §36, are further 
amended to read: 
A-I. 
The person violates paragraph A and: 
(1) 
The 
aggregate 
$10,000. 
crime; 
face value of the written instrument or the 
value 
of 
the 
instruments 
is 
more 
than 
Violation of this subparagraph is a Class B 
(2) 
The face value of the written instrument or the 
aggregate value of the instruments is more than $lTGGG 
$3,000 but not more than $10,000. 
Violation of this 
subparagraph is a Class C crime; or 
(3) 
At the time of the forgery, the person has 2 prior 
convictions 
for 
any 
combination 
of 
the 
following: 
theft; 
violation 
or 
attempted 
violation 
of 
this 
section; 
any 
violation 
or 
attempted 
violation 
of 
section 401 if the intended crime within the structure 
is theft; any violation of section 405 in which the 
crime intended to be committed inside the motor vehicle 
is theft; 
any violation or 
attempted violation of 
section 651; or any violation or attempted violation of 
section 702 or 708. 
Section 9-A governs the use of 
prior 
convictions 
when 
determining 
a 
sentence. 
Violation of this subparagraph is a Class C crime; 
B-1. 
The person violates paragraph Band: 
(1) 
The 
aggregate 
$10,000. 
crime; 
face value of the written instrument or the 
value 
of 
the 
instruments 
is 
more 
than 
Violation of this subparagraph is a Class B 
(2) 
The face value of the written instrument or the 
aggregate value of the instruments is more than $lrGGG 
$3,000 but not more than $10,000. 
Violation of this 
subparagraph is a Class C crime; or 
(3) 
At the time of the forgery, the person has 2 prior 
convictions 
for 
any 
combination 
of 
the 
following: 
theft; 
violation 
or 
attempted 
violation 
of 
this 
section; 
any 
violation 
or 
attempted 
violation 
of 
section 401 if the intended crime within the structure 
is theft; any violation of section 405 in which the 
crime intended to be committed inside the motor vehicle 
is theft; 
any 
violation or 
attempted violation of 
section 651; or any violation or attempted violation of 
section 702 or 708. 
Section 9-A governs the use of 
prior 
convictions 
when 
determining 
a 
sentence. 
Violation of this subparagraph is a Class C crime. 
Sec. 16. 17-A MRSA §708, sub-§1, 1[B, as amended by PL 2001, c. 
667, Pt. D, §15 and affected by §36, is further amended to read: 
B. 
The person violates paragraph A and: 
(1) 
The 
aggregate 
$10,000. 
crime; 
face value of the written instrument or the 
value 
of 
the 
instruments 
is 
more 
than 
Violation of this subparagraph is a Class B 
(2) 
The face value of the written instrument or the 
aggregate value of the instruments is more than $lrGGQ 
$3,000 but not more than $10,000. 
Violation of this 
subparagraph is a Class C crime; 
(3) 
The face value of the negotiable instrument is 
more than $§gg $1,000 but not more than $~Tggg $3,000. 
Violation of this subparagraph is a Class D crime; or 
(4) 
At the time of negotiating a worthless instrument, 
the person has 2 prior convictions for any combination 
of 
the 
following: 
theft; 
violation 
or 
attempted 
violation of this section; any violation or attempted 
violation of section 401 if the intended cr ime wi thin 
the structure is theft; any violation of section 405 in 
which the crime intended to be committed inside the 
motor vehicle is theft; 
any violation or attempted 
violation of section 651; or any violation or attempted 
violation of section 702 or 708. 
Section 9-A governs 
the 
use 
of 
prior 
convictions 
when 
determining 
a 
sentence. 
Violation of this subparagraph is a Class C 
crime. 
Sec. 17. 17-A MRSA §755, sub-§l-A, as repealed and replaced by 
PL 2001, c. 383, §91 and affected by §156, is repealed and the 
following enacted in its place: 
1-A. 
A 
person 
is 
guilty 
of 
escape 
from 
intensive 
superv~s~on imposed pursuant to chapter 52 if without official 
permission the person intentionally: 
A. 
Fails to appear for work, for school or for a meeting 
with the person's Intensive Supervision Program officer. 
Violation of this paragraph is a Class D crime; 
A-I. 
Violates 
a 
curfew, 
time 
or 
travel 
restriction. 
Violation of this paragraph is a Class C crime; 
B. 
Violates paragraph A and at the time of the escape the 
person uses physical force against another person, threatens 
to use physical force or is armed with a dangerous weapon. 
Violation of this paragraph is a Class B crime; or 
C. 
Violates paragraph A-I and at the time of the escape the 
person uses physical force against another person, threatens 
to use physical force or is armed with a dangerous weapon. 
Violation of this paragraph is a Class B crime. 
Sec. 18. 17-A MRS A §755, sub-§l-B, as repealed and replaced by 
PL 2001, c. 383, §92 and affected by §156, is repealed and the 
following enacted in its place: 
I-B. 
A person is guilty of escape from supervised community 
confinement granted pursuant to Title 34-A, 
section 3036-A if 
without official permission the person intentionally: 
A. 
Fails to appear for work , for school or for a meeting 
with that person I s supervising officer. 
Violation of this 
paragraph is a Class D crim~ 
A-I. 
Fails to return to the correctional facility from 
which 
transfer 
was 
made 
upon 
the 
direction 
of 
the 
Commissioner of Corrections. 
Violation of this paragraph is 
a Class C crime: 
A-2. 
Violates 
a 
curfew, 
residence, 
time 
or 
travel 
restriction. 
Violation of this paragraph is a Class C crime: 
B. 
Violates paragraph A and at the time of the escape the 
person uses physical force against another person, threatens 
to use physical force or is armed with a dangerous weapon. 
Violation of this paragraph is a Class B crime: 
C. 
Violates paragraph A-I and at the time of the escape the 
person uses physical force against another person, threatens 
to use physical force or is armed with a dangerous weapon. 
Violation of this paragraph is a Class B crime; or 
D. 
Violates paragraph A-2 and at the time of the escape the 
person uses physical force against another person, threatens 
to use physical force or is armed with a dangerous weapon. 
Violation of this paragraph is a Class B crime. 
Sec. 19. 17-A MRSA §1152, sub-§2, ,H, 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. 20. 17-A MRSA H152, sub-§2, ,1, 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. 21. 17-A MRSA §1152, sub-§2, "J 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. 22. 17·A MRS A §1175. sub·§l·A is enacted to read: 
I-A. 
Within 10 days of receipt of the victim's reguest for 
notification, the Department of Corrections, 
the state mental 
health institute or the county jail to which the defendant is 
committed shall notify the victim by mail of a telephone number 
or address of a publicly accessible site 
on the Internet that 
the victim can use to learn of the earliest possible date of the 
expiration of the defendant's sentence or, in the case of a split 
sentence, the earliest possible date of the completion of the 
unsuspended portion of the sentence or the earliest possible date 
of a discharge under Title 15, section 104-A. 
Sec. 23. 17·A MRSA §1201. sub·§l. ~~A·l and A·2 are enacted to 
read: 
A-I. 
The conviction is for a Class D or Class E crime other 
than any Class D crime in chapter 9; any Class D or Class E 
crime in chapter 11; the Class D crimes of sections 554, 
556, 
758, 
and 855; 
the Class 
D crime of Title 17, 
section 2924; and the Class D crime of Title 29-A, section 
2411, subsection I-A, paragraph B; 
A-2. 
The 
court 
sentences 
the 
person 
to 
a 
sentencing 
alternative under section 1152 that includes a period of 
administrative release; 
Sec. 24. 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 e ~ years; for a Class B SF 
b*a-S-6--b crime, for a period of probation not to exceed --4--
.1 
years: aae 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, except that a person convicted under 
chapter 11 or section 854, excluding section 854, subsection 1, 
paragraph A, subparagraph (1), of a Class A crime may be placed 
on probation for a period not to exceed 6 years; for a Class B or 
Class C crime, for a period of probation not to exceed 4 years; 
and for Class 0 and Class E crimes, for a period not to exceed 
one year. 
Sec. 25. 17-A MRSA §1202, sub-§2-A is enacted to read: 
2-A. 
On application of the probation officer, or of the 
person on probation, or on the court's own motion, the court may 
convert a period of probation for a Class 0 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. 26. 17-A MRSA §1252, sub-§9 is enacted to read: 
9. 
Whenever 
a 
mandatory 
minimum 
fine 
or 
period 
of 
imprisonment is required by law, the mandatory minimum sentence 
may be suspended if imposition of the mandatory m~n~mum sentence 
would create substantial injustice and if the deviation from the 
mandatory minimum sentence neither diminishes the gravity of the 
offense nor adversely affects the safety of the public and would 
not frustrate the general purposes of sentencing set forth in 
section 1151. 
In deviating from the mandatory minimum sentence, 
the court shall consider all relevant factors, including: 
A. 
The nature of the criminal act; 
B. The defendant's prior record; 
C. 
The recommendations of the victim or the victim's family 
and the prosecuting attorney; 
D. 
The defendant's prospects for rehabilitation, credible 
demonstration 
of 
remorse 
and 
comprehension 
of 
the 
consequences of the defendant's actions; and 
E. 
The age, background and physical and mental condition of 
the defendant, 
the defendant's 
family 
circumstances, 
and 
whether the criminal act was an isolated aberration in the 
life of the defendant. 
Sec. 27. 17-A MRSA §1253, sub-§2, 1fA 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 be credited to that deduction i( 
the person's conduct during that period of detention wq.s 
such that the credit is determined to be warranted in the 
discretion 
of 
the 
chief 
administrative 
officer 
of 
the 
facility in which the person 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 
available 
up to 1 
up to 2 
The sheriff or othe~rson required to furnish a 
statg~en~ 
showing 
the 
length 
of 
detention 
shall 
also 
furnish 
a 
statement showing the number 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 is not punishment. 
Sec. 28. 17-A MRSA §1253. sub-§§9 to 11 are enacted to read: 
9. 
Time may be deducted from a term of imprisonment as a 
result of conduct in accordance with this subsection. 
~. 
For any person who commits a crime, other than murder or 
gross sexual assault, on or after August 
1, 
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 
must 
be 
calculated 
as 
follows for partial calendar months: 
Days of pgrtial month 
Maximum deduction 
available 
to 7 days 
up to 1 
to 15 days 
up to 2 
Page l5-LR2718(1) 
to 23 days 
to 31 days 
up to 3 
up to 4 
B. 
For any person who commits a crime of murder or gross 
sexual 
assault 
on 
or 
after 
August 
L 
2004 
and 
is 
subsequently sentenced to a term of imprisonment for that 
crime, up to 2 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 
must 
be 
calculated 
as 
follows for partial calendar months: 
Days of partial month 
to 15 days 
to 31 days 
Maximum deduction 
available 
up to 1 
up to 2 
c. . Any portion of the time deducted from the sentence of 
any person pursuant to this subsection may be withdrawn by 
the chief administrative officer of the state facility for a 
disciplinary offense or for the violation of any law of the 
State in accordance with Title 34-A, section 3032 and the 
rules adopted under that section, or by the sheriff of the 
county jail in accordance with jail disciplinary procedures. 
Deductions may be withdrawn for months already served or yet 
to be served by the person up to and including the maximum 
authorized for that sentence. 
D. 
The chief administrative officer of the state facility 
or the sheriff of the county jail may restore any portion of 
deductions that have been withdrawn under paragraph C if the 
person's later conduct is such that the 
restoration is 
determined to be warranted in the discretion of the chief 
administrative officer or the sheriff. 
10. 
Time may be deducted from a term of imprisonment as a 
result of fulfillment of assigned responsibilities in accordance 
with this subsection. 
A. 
For any person who commits a crime on or after August 1, 
2004 and is subsequently sentenced to a term of imprisonment 
for that crime, 
up to an additional 3 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 
fulfillment 
of 
responsibilities assigned in the person's transition plan 
for work, education 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 or the sheriff of the county 
lliL.. 
Deductions 
under 
this 
paragraph 
must 
be 
calculated 
as 
follows for partial calendar months: 
Days of partial month 
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 on or after 
August 1, 2004 and is subsequently sentenced to a term of 
imprisonment for that crime to a state facility, 
up to 
days per calendar month may also be deducted from that term, 
calculated from the date of commencement of that term as 
specified under subsection 1, if that person's fulfillment 
of responsibilities assigned in the person's transition plan 
for 
community work, 
education 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 
must 
be 
calculated 
as 
follows for partial calendar months: 
Days of partial month 
to 15 days 
to 31 days 
Maximum deduction 
available 
up to 1 
up to 2 
C. 
Any portion of the time deducted from the sentence of 
any person pursuant to this subsection may be withdrawn by 
the chief administrative officer of the state facility for a 
disciplinary offense or for the violation of any law of the 
State in accordance with Title 34-A, section 3032 and the 
rules adopted under that section, or by the sheriff of the 
county jail in accordance with jail disciplinary procedures. 
Deductions may be withdrawn for months already served or yet 
to be served by the person up to and including the maximum 
authorized for that sentence. 
Page l7-LR2718(1) 
D. 
The chief administrative officer of the state facility 
or the sheriff of the county jail may restore any portion of 
deductions that have been withdrawn under paragraph C if the 
person's later conduct and fulfillment of responsibilities 
assigned in the person's transition plan for work, education 
or rehabilitation programs are such that the restoration is 
determined to be warranted in the discretion of the chief 
administrative officer or the sheriff. 
11. 
Subsections 9 and 10 supersede subsections 3, 3-B, 4, 
5, 6 and 8 for persons who commit offenses on or after August I, 
~ 
Sec.29. 17·A MRSA cc. 54·F and 54·G are enacted to read: 
CHAPTER 54-F 
DEFERRED DISpoSITIQN 
§1348. 
Eligibility for deferred disposition 
A person who has pled guilty to a Class C, Class D or Class 
E crime, except a 
crime expressly providing that one or more 
punishment alternatives it authorizes may not be suspended, and 
who consents to a deferred disposition in writing, is eligible 
for a deferred disposition. 
§1348-A. 
Deferred disposition 
1. 
Following the acceptance of a plea of guilty for a crime 
for which a person is eligible for a deferred disposition under 
section 1348, the court may order sentencing deferred to a date 
certain or determinable and impose reguirements upon the person, 
to be in effect during the period of deferment, considered by the 
court to be reasonable and appropriate to assist the person to 
lead 
a 
law-abiding 
life. 
The 
court-imposed 
deferment 
reguirements must include a requirement that the person refrain 
from criminal conduct. 
In exchange for the deferred sentencing, 
the 
person 
shall 
abide 
by 
the 
court-imposed 
deferment 
reguirements. 
Unless 
the 
court 
orders 
otherwise, 
the 
reguirements are immediately in effect. 
2. 
During the period of deferment and upon application of 
the person granted deferred disposition pursuant to subsection 1 
or of the attorney for the State or upon the court'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 requirements 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. 
§1348-B. 
COurt hearing as to final disposition 
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 
State's motion. 
Following 
the granting of 
the 
State's 
motion, 
the attorney for the State shall dismiss the pending 
charging instrument with prejudice. 
If the court finds that the 
person has inexcusably failed to comply with the court-imposed 
deferment 
requirements, 
the 
court 
shall 
impose 
a 
sentencing 
alternative authorized for the crime to which the person pled 
guilty. 
2. 
If during the period of deferment the attorney for the 
State has probable cause to believe that a person who was granted 
deferred disposition pursuant to section 1348-A has violated a 
court-imposed deferment requirement, the attorney for the State 
may move the court to terminate the remainder of the period of 
deferment and impose sentence. 
Following notice and hearing, if 
the court finds by 
a 
preponderance of the evidence that the 
person has inexcusably failed to 
comply with 
a 
court-imposed 
deferment requirement, the court may continue the running of the 
period of deferment with the requirements unchanged, modify the 
requirements, add further requirements or terminate the running 
of the period of deferment and impose a sentencing alternative 
authorized for the crime to which the person pled guilty. 
If the 
court finds that the person has not inexcusably failed to comply 
with a court-imposed deferment requirement, the court may order 
that the running of the period of deferment continue or, after 
notice and hearing, take any other action permitted under this 
chapter. 
3. 
A hearing under this section or section l348-A must be 
held in the court that ordered the deferred disposition. 
The 
hearing need 
not 
be 
conducted by 
the 
justice or 
judge 
who 
originally ordered the deferred disposition. 
4. 
The person at a hearing under this section or section 
1348-A 
must 
be 
afforded 
the 
opportunity 
to 
confront 
and 
cross-examine witnesses against the person, to present evidence 
on that person's own behalf and to be represented by counsel. 
If 
the person who 
was granted deferred disposition pursuant to 
section 1348-A can not afford counseL the court shall appoint 
counsel for the person. 
Assignment of counsel and withdrawal of 
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 order of arrest. 
If the hearing is to determine whether 
the person has inexcusably failed to comply with a court-imposed 
deferment requirement, the attorney 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 person is precluded from seeking to attack the legality of 
a deferred disposition, including a final disposition, 
except 
that 
a 
person who 
has 
been determined 
by 
a 
court to 
have 
inexcusably failed to 
comply 
with 
a 
court-imposed deferment 
requirement and thereafter has been sentenced to an alternative 
authorized for the crime may appeal to the Law Court, but not as 
of right. 
The time for taking the appeal and the manner and any 
conditions for 
the taking of the appeal are as 
the 
Supreme 
Judicial Court provides by rule. 
CHAPTER 54-G 
ADMINISTRATIVE RELEASE 
§1349. 
Eligibility for sentence alternative that includes 
period of administrative release 
A person who has been convicted of a Class D or Class E 
crime may be sentenced to a sentence alternative 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 
convicted person must be sentenced to the imprisonment and 
reguired to pay the fine authorized therein; 
B. 
The 
court 
sentences 
the 
person 
to 
a 
sentencing 
alternative under section 1152 that includes a period of 
probation: or 
C. 
The court finds that such a sentence would diminish the 
gravity of the crime for which that person was convicted. 
§1349-A. 
Period of administrative release 
1. 
A person who has been convicted of a Class D or Class E 
crime may be placed on administrative release for a period not to 
exceed one year. 
2. 
During the period of administrative release and upon 
application of a person placed on administrative release or of 
the attorney for the State or upon the court'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 release the person of any 
reguirement imposed by the court that, in the court's opinion, 
imposes on the person an unreasonable burden. 
3. 
On application of the attorney for the State or of the 
person placed on administrative release or on the court's own 
motion, 
the 
court 
may 
terminate 
a 
period of 
administrative 
release 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. 
The court may not 
order a termination of the period of administrative release and 
discharge upon the motion of the person placed on administrative 
~elease unless notice of the motion is given to the attorney for 
the State by the person placed on administrative release. 
The 
termination of the period of administrative release and discharge 
relieves the person placed on administrative release of 
any 
obligations imposed by the sentence of administrative release. 
4. 
A 
justice, 
in order 
to 
comply 
with 
section 
1256, 
subsection 8, may terminate a period of administrative release 
that would delay commencement of a consecutive unsuspended term 
of 
imprisonment. 
A 
judge 
may 
terminate 
a 
period 
of 
administrative 
release 
that 
would 
delay 
commencement 
of 
a 
consecutive unsuspended term of imprisonment if that judge has 
jurisdiction over each of the sentences involved. 
§1349-B. 
Suspended sentence with administrative release 
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 for 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 authorized under section 1349-A, subsection 1. 
3. 
A sentence imposed under subsection 1 or subsection 2 
commences on the date the person goes into actual execution of 
the sentence. 
§1349-C. 
Requirements of administrative release 
1. 
If 
the 
court 
imposes 
a 
suspended 
sentence 
with 
administrative release under 
section 1349-B, 
the 
court shall 
attach requirements of administrative release, as authorized .!2y 
this section, 
as 
the court determines 
to 
be 
reasonable 
and 
appropriate to help ensure accountability of the person. 
The 
court-imposed requirements of administrative release must include 
a 
requirement that the convicted person refrain from criminal 
conduct. 
2. 
In addition to a requirement that the convicted person 
refrain 
from 
criminal 
conduct 
and 
a 
requirement 
that 
the 
convicted person pay all assessments, surcharges, fees and costs 
required by 
law, 
the court in its sentence may require the 
convicted person: 
A. 
To pay any fine imposed by the court as part of the 
sentence: 
B. 
To make any restitution to each victim of the crime 
imposed by the court; 
C. 
To perform any community service work imposed by the 
court as part of the sentence: or 
D. 
To satisfy any other requirement reasonably related to 
helping ensure the accountability of the person. 
3. 
The convicted person must be given an opportunity to 
address the court on the requirements that are proposed to be 
attached and must, 
after the sentencing. 
be given 
a written 
statement setting forth the spedf ic requirements on which the 
person is being administratively released. 
§1349-D. 
Commenc~~nt 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 
requirement of administrative release. the attorney for the State 
may file 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 2 except that the summons must include the signature 
of a law enforcement 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 appearance as provided in section 
1205-C. subsection 4. 
3. 
If the person placed on administrative release fails to 
appear in court after having been served with a 
summons. 
the 
court may issue a warrant for the arrest of the person. 
After 
arrest of 
the 
person, 
the 
court shall afford the 
person 
a 
preliminary hearing as provided in section 1205. subsection 4. 
and. if retained in custody. section 1205-C. subsection 3 applies. 
4. 
If the person placed on administrative release can be 
located and served a summons, the attorney for the State may not 
commence 
the administrative release proceeding by having the 
person arrested. 
However. 
if the 
person can not. 
with 
due 
diligence. be located. the attorney for the State shall file a 
written notice of this fact with the court and obtain a warrant 
of 
arrest 
under 
Rule 
of 
the 
Maine 
Rules 
of 
Criminal 
Procedure. 
Unless sooner released. the court shall provide the 
person 
with 
an 
initial 
appearance 
on 
the 
revocation 
of 
administrative release within 14 days after arrest. 
A copy of 
the motion must be furnished to the person prior to or at the 
initial appearance. 
The initial appearance is as provided in 
section 1205-C. subsection 4. 
Bail is as provided in section 
1205-C. subsections 5 and 6. 
§1349-E. 
Court hearing on administrative release revocation 
The hearing on a motion to revoke administrative release is 
as provided under section 1206, except that subsections 7-a and 9 
do not apply. 
§1349-F. 
Review 
Review of a revocation of administrative release pursuant to 
section 1349-E must be by appeal. 
The appeal is as provided 
under section 1207. 
Sec. 30. 34-A MRSA §1210-A, sub-§5, as enacted by PL 1997, c. 
753, §2, is amended to read: 
5. 
Community Corrections 
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. 
Funds placed in this account may be 
used only for adult or juvenile community corrections as defined 
in subsection 1. 
A. 
Those counties that demonstrate to the department that 
at least 50% of the community corrections funds received are 
expended 
for 
the 
purposes 
of 
community 
corrections 
as 
defined 
in 
subsection 
are 
eligible 
to 
receive 
an 
additional 
8°-b increase in funds received pursuant to this 
section to be used as defined in subsection 1. 
a. 
If a county does not comply with the requirement in this 
subsection, 
that 
county's 
allocation 
of 
communi ty 
corrections funds for the next year must be reduced by an 
amount equal to the amount of funds not spent by that county 
on adult or juvenile community corrections as defined in 
subsection 1. Funds from the reduced allocation to counties 
in noncompliance must be redistributed to counties that use 
the funds as described in paragraph A. 
Sec.31. PL 2003, c. 451, Pt. K, §2, sub-§6 is amended to read: 
6. 
Initial 
report 
to 
address 
iDanediate 
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 
seB~eBeiB~--~~~~&-~-~-~h€--SeeeBa--~~~~-~i~-€~--~Re 
161s~--be~.,i6±a~l:I.!'e criminal justice and public safety matters no 
later than Qeeeffi&e~-~r-~gg~ February 2, 2004. 
The commission is 
authorized to introduce legislation related to its report to the 
submission of its report. 
Sec.32. PL 2003. c. 451. Pt. K. §2. sub-§7 is enacted to read: 
7. 
Authorized duties: nonlapsing funds. 
The commission is 
authorized to conduct 
any additional 
work 
authorized by 
law 
within its budgeted 
resources. 
Any 
unencumbered 
balance 
of 
General Fund appropriations originally appropriated to support 
the work of the commission that remain on June 30, 2004 within 
the Department of Corrections may not lapse but must be carried 
forward to June 30, 2005 to be used for the Same purpose. 
Sec. 33. Addressing mental illness in prisons and jails. 
No later 
than April 
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. 
Sec. 34. 
Legislative intent; moratorium on changes to Maine 
Criminal Code. 
It is the intent of the Legislature that, from 
the effective date of this Act for a period of one year, 
no 
amendments to the Maine Revised Statutes, Title 17 -A may take 
effect 
in 
order 
that 
the 
impact 
of 
sentencing 
on 
inmate 
populations may be adequately studied and that other actions to 
alleviate the current overcrowding crisis faced in state prisons 
and county jails may occur except for any amendments to the Maine 
Criminal 
Code 
as 
recommended 
by 
the 
Commission 
to 
Improve 
Community Safety and Sex Offender Accountability. The Legislature 
further intends that any such amendments that are enacted into 
law 
that 
conflict 
with 
this 
intent 
during 
the 
year-long 
moratorium 
should 
be 
given 
no 
effect 
by 
State 
Government, 
including the Judicial Department. 
Sec. 35. Impacts of sentencing and minimum mandatory sentences. 
The Commission to Improve the Sentencing, Supervision, Management 
and Incarceration of Prisoners, referred to in this section as 
"the commission," 
which 
was 
established in Public 
Law 
2003, 
chapter 451, 
Part K, 
section 2, 
shall undertake 
a 
study to 
determine 
the 
impacts 
of 
Maine's 
sentencing 
laws 
on 
inmate 
population. As part of this study, the commission shall identify 
changes in Maine's sentencing laws over time, identify new laws, 
assess how sentencing practices have changed and determine the 
impact of sentencing on inmate population and on state and county 
budgets. 
The 
commission shall undertake this work within its 
existing resources should those resources allow. 
The Criminal Law Advisory Commission shall assist the commission 
in its work by providing to the commission a 
review of all 
minimum 
mandatory 
sentences 
and 
shall 
propose 
amending 
any 
minimum 
mandatory 
sentences 
that 
it 
considers 
no 
longer 
necessary. 
The 
Criminal 
Law 
Advisory 
Commission 
shall 
also 
examine 
the State's 
sentencing 
ranges 
and 
propose 
increased 
differentiation 
within 
ranges. 
The 
Criminal 
Law 
Advisory 
Commission 
shall 
report 
its 
findings 
and 
recommendations, 
including proposed legislation, to the commission no later than 
September 30, 2004. 
The commission is authorized to introduce legislation related to 
sentencing to the First Regular Session of the 122nd Legislature. 
Sec. 36. Review of probation caseload. 
No later than July L 
2004, 
the Department of Corrections, 
Adult Community Services 
Division shall direct each probation officer to 
review that 
off icer' sown 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. 
37. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
CORRECTIOlfS, DEPAR".l'MEIIT OF 
Charleston Correctional Facility 
The 
following 
Initiative: 
Provides funds to increase the capacity to provide 
some relief for overcrowded conditions and correctional staff 
working overtime. 
Funding will allow the opening of 50 beds at 
the Charleston Correctional Facility. 
General Fund 
Positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
Maine Correctional Center 
2003-04 
2004-05 
(0.000) 
(15.000) 
$0 
$864,806 
126,876 
$0 
$991,682 
Initiative: 
Provides funds to increase the capacity to provide 
some relief for overcrowded conditions and correctional staff 
working overtime. 
Funding will allow the opening of 30 beds at 
the Maine Correctional Center. 
General Fund 
positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
Maine State Prison 
2003-04 
2004-05 
(0.000) 
(9.000) 
$0 
$514,617 
90,248 
$0 
$604,865 
Initiative: 
Provides funds to increase the capacity to provide 
some relief for overcrowded conditions and correctional staff 
working overtime. 
Funding will allow the opening of 32 beds at 
the Maine State Prison. 
General Fund 
positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
Adult Community Corrections 
2003-04 
(0.000) 
$0 
$0 
2004-05 
(14.000) 
$778,774 
11. 635 
$800,409 
Initiative: 
Provides for the appropriation of funds to establish 
Resource Coordinator positions and related All Other expenses. 
General Fund 
positions - Legislative Count 
Personal Services 
All Other 
General Fund Total 
CORRECTICIfS, DEPARTMENT OF 
DEPAR'l'MElIT TOTALS 
GElIEKAL FUBD 
DEPARTMENT TOTAL -
ALL FUBDS 
2003-04 
(0.000) 
$0 
o 
$0 
2003-04 
$0 
$0 
Sec. 
38. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
The 
2004-05 
(2.000) 
$136,842 
25,542 
$162,384 
2004-05 
$2,559,340 
$2,559,340 
following 
CORRECTICBS, DEPAR"lMENT OF 
County Jail Prisoner Support and Community Corrections Fund 
Ini tiati ve: 
Provides funds to be used in accordance wi th the 
Maine Revised Statutes, Title 34-A, section 1210-A, subsection 5, 
paragraphs A and B. 
General Fund 
All Other 
General Fund Total 
2003-04 
$0 
$0 
2004-05 
$96,000 
$96,000 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill is the recommendation of the Commission to Improve 
the 
Sentencing, 
Supervision, 
Management 
and 
Incarceration of 
Prisoners, which was established pursuant to Public Law 
2003, 
chapter 451. 
The bill 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." 
2. 
It increases the monetary threshold for classification 
of theft crimes for Class C and Class D crimes, including the 
crimes of forgery and negotiating a worthless instrument. 
3. 
It decreases from a Class C to a Class D crime burglary 
of a motor vehicle. 
4. 
It decreases from a Class C to a Class D crime an 
inmate's failure to appear for work, school or a meeting with the 
inmate's supervising officer while the inmate is on intensive 
supervision or supervised community confinement. 
5. 
It creates 
new 
sentencing alternatives, 
disposition and administrative release, and authorizes 
to convert probation to administrative release. 
deferred 
the court 
6. 
It restricts the use of probation for Class D and Class 
E crimes to only those crimes involving domestic violence, sex 
offenses and repeat OUI offenses. 
7. 
It reduces for all crimes, except those under the Maine 
Revised Statutes, Title 17-A, chapter 11 and Title 17-A, section 
854, 
excluding subsection 1, paragraph A, 
subparagraph 
(1) 
of 
that section, the length of time a person may be sentenced to 
probation to 4 years for a Class A crime, 3 years for a Class B 
crime and 2 years for a Class C crime. 
8. 
It grants the sentencing court the authority to deviate 
from a mandatory minimum sentence and mandatory minimum fine in 
those circumstances when the court determines 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 the public safety. 
The court must 
consider 
specific factors before deviating from the mandatory minimum. 
9. 
It requires a notice of a defendant's release sent to a 
victim to 
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. 
10. 
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 for good behavior during 
the time spent in detention. 
11. 
It increases the amount of good behavior good time that 
may be awarded from 2 to 4 days, except for persons convicted of 
gross sexual assault or murder. 
12. 
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 3 to 5 days for 
prisoners in state facilities participating in community programs. 
13. 
It rewards counties that use 
50°" of their community 
corrections program funding on diversion programs by reallocating 
funds from counties that do not comply with the requirement to 
use 20% of their funds on community corrections programs. 
14. 
It 
directs 
Developmental Services, 
sheriffs to develop a 
illness in the criminal 
the 
Department 
of 
Behavioral 
the Department of Corrections and 
joint plan of action to address 
justice community. 
and 
county 
mental 
15. 
It places a moratorium on any amendments to the Maine 
Criminal Code with the exception of changes recommended by the 
Commission 
to 
Improve 
Community 
Safety 
and 
Sex 
Offender 
Accountability. 
16. 
It directs the Commission to Improve the Sentencing, 
Supervision, 
Management 
and 
Incarceration 
of 
Prisoners 
to 
undertake a study to determine the impacts of Maine's sentencing 
laws on inmate population and directs the Criminal Law Advisory 
Commission to assist the Commission to Improve the Sentencing, 
Supervision, 
Management and Incarceration of Prisoners with a 
review of all minimum mandatory sentences and to propose amending 
any it finds are no longer necessary. It gives the Commission to 
Improve the Sentencing, Supervision, Management and Incarceration 
of Prisoners authority to introduce legislation to the First 
Regular Session of the 122nd Legislature. 
17. 
It directs the Department 
early 
termination 
of 
probation 
appropriate victim notice, and urges 
applications for early termination of 
of Corrections to maximize 
under 
current 
law, 
with 
judges to give deference to 
probation. 
18. 
this bill. 
It appropriates funding to carry out the purposes of