Maine Legislature, Session 121, LD 1903
Committee Amendment CA_A-HA_A_H875 (House)

HOUSE 
AMENDMENT ·A" to COMMITTEE 
AMENDMENT 
It 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 amendment in Part A in section 10 by striking out 
all of paragraph A-I and inserting in its place the following: 
• A-I. 
The conviction is for a Class D or Class E crime 
other than; 
( 1) 
A Class D or Class E crime that was initially 
charged by the attorney for the State as a Class At 
Class B or Class C crime: 
(2) 
A Class D crime committed by a person who has a 
prior conviction for a Class A. 
Class B. Class C or 
Class D crime under this Title: 
a prior conviction 
under Title 29-1., section 2411: or a prior conviction 
under Title 29-1.. chapter 23. subchapter 5: 
(3) 
A Class D crime committed against a 
family or 
household member 
under chapter 
or 
or section 
506-B. 554. 555 or 758; 
(4) 
A Class D or Class E crime in chapter 11 or 12: 
(5) 
A Class D or Class E crime under section 556. 854. 
excluding subsection L 
paragraph A. subparagraph (1). 
or 855: 
Page l-LR271B(5) 
HOUSE AMENDMENT 
~" 
HOUSE AMENDMENT ,ft., to COMMITTEE AMENDMENT "A" to H . P • 
L.D. 1903 
(6) 
A Class D crime under section 804; 
1409, 
(7) 
A Class D crime under section 1107 A, subsection 
1. paragraph C: 
(8) 
A Class D crime under Title 17, section 1031: and 
(9) 
A Class D crime under Title 29-A, section 2411. 
subsection I-A, paragraph B. 
As used in this paragraph. "family or household member" has 
the same meaning as in Title 19-A, section 4002, subsection 
il' 
Further amend the 
amendment in Part A in section 12 by 
striking out all of paragraph A-I and inserting in its place the 
following: 
'A-I. 
If the State pleads and proves that the person was 
convicted of a Class A, Class B or Class C crime and has a 
prior conviction for a Class A, Class B, Class C or Class D 
crime under this Title, a prior conviction under Title 29-A, 
section 2411 or a prior conviction under Title 29-A, chapter 
23, 
subchapter 5; 
was 
convicted of committing against a 
family or household member a crime under chapter 9 or 13 or 
section 554; was convicted under Chapter 11 or 12 or section 
5S6; 
was 
convicted 
under 
section 1103, 
subsection 
I-A, 
paragraph A; 
was convicted under section lIDS-A; or was 
convicted under section 1l07-A, subsection L 
paragraph B, 
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. 
As used in this paragraph. "family or household member" has 
the same meaning as in Title 19-A. section 4002, subsection 
4; and' 
Further amend the amendment in Part A in section 18 in 
subsection 9 in paragraph A in the 4th line (page 7, line 30 in 
amendment) by striking out the following: 
".i" and inserting in 
its place the following: 
'~' 
Further amend the 
amendment in Part A in section 18 in 
subsection 9 in paragraph A by striking out the last 4 lines 
(page 8, lines 11 to 14 in amendment) 
and inserting in their 
place the following: 
HOUSE AMENDMENT 
.;" 
HOUSE AMENDMENT 
L.D. 1903 
'I IoQ 
tQ 
to 
2Q 
Qg:2:S 
gg:2:s 
da:2:s 
to COMMITTEE 
AMENDMENT "A" 
up to 1 
up to 2 
up to 3' 
to H.P. 1409, 
Further amend the amendment in Part A in section 18 in 
subsection 10 in paragraph A in the 5th line (page 8, line 42 in 
amendment) by striking out the following: 
"]." and inserting in 
its place the following: 
'~' 
Further amend the amendment in Part A in section 18 in 
subsection 10 in paragraph A by striking out the last 3 lines 
(page 9, lines 24 to 26 in amendment) and inserting in their 
place the following: 
'I to 15 Qg:2:s 
tQ 31 Qg:2:S 
SUMMARY 
up to 1 
up to 2' 
This amendment expands the list of Class D and Class E 
offenses for 
which probation may 
continue to be 
imposed to 
include: 
1. 
A Class D or Class E crime that was initially charged by 
the attorney for the State as a Class A, Class B or Class C crime; 
2. 
A Class D crime committed by a person who has a prior 
conviction for a Class A, Class B, Class C or Class D crime under 
the Maine Revised Statutes, Title l7-A: a prior conviction under 
the laws governing operating under the influence: or a prior 
conviction under the laws governing habitual offenders: 
3. 
A Class D crime for failure to control or report a 
dangerous fire; 
4. 
A Class D crime for possession of a schedule W drug; and 
5. 
A Class D crime for cruelty to animals. 
The amendment also expands the list of Class A, Class Band 
Class 
C offenses for 
which the current statutory length of 
probation may 
be 
imposed. 
The 
current statutory 
length of 
probation may be imposed if the State pleads and proves that a 
person was convicted of a Class A, Class B or Class C crime and 
has a prior conviction for a Class A, Class B, Class C or Class D 
crime under the Maine Revised Statutes, Title 17-A, 
a 
prior 
conviction under the laws governing operating under the influence 
or 
a 
prior 
conviction 
under 
the 
laws 
governing 
habitual 
HOUSE AMENDMENT 
~~ 
HOUSE 
AMENDMENT 
.. 4 to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 1903 
1409, 
of probation may be 
that 
a 
person was 
schedule 
W drug, 
or certain offenses 
offenders. 
The current statutory length 
imposed if the State pleads 
and 
proves 
convicted 
of 
unlawful 
trafficking 
in 
a 
aggravated trafficking of scheduled drugs 
involving possession of a schedule W drug. 
The amendment also provides that a person sentenced to a 
term of imprisonment may receive a reduction in that term of 
imprisonment of up to 3 days per calendar month for good behavior 
and 
up 
to 
days 
per 
calendar 
month 
for 
fulfillment 
of 
responsibilities assigned in the person's transition plan for 
work, education or rehabilitation programs. 
With these changes, 
a person may earn a total of 7 days of good time per calendar 
month after sentence and commitment, as compared to 9 days per 
calendar month in Commi 
ee Amendment "A." 
SPONSORED BY: 
(Representative FAIRCLOTH) 
TOWN: 
Bangor 
FISCAL :\OTE REQlJlRED 
(See attached) 
HOUSE AMENDMENT 
I