An Act Regarding the Sentencing of Persons Convicted of Gross Sexual Assault against Victims under 12 Years of Age Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 17-A MRSA §1202, sub-§I-A, ~C, as enacted by PL 2003, c. 711, Pt. B, §16, is repealed. Sec. 2. 17-A MRSA §1231, as amended by PL 2003, c. 711, Pt. B, §18, is further amended to read: §123I. Inclusion of period of supervised release after imprisonment 1. The court, in imposing a sentence of a term of imprisonment that does not include probation for a violation of section 253, may include as part of the sentence a requirement that the defendant be placed on a period of supervised release after imprisonment. The period of supervised release commences on the date the person is released from confinement pursuant to section 1254. I-A. Notwithstanding subsection L the court shall impose as part of the sentence a reguirement that a defendant convicted Page 1-LR2770(16) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1717
Committee Amendment CA_C_H1058 (House)
Amends: 17-A MRSA §1202, 17-A MRSA §1231, 17-A MRSA §1252

COMMITTEE AMENDMENT "t" to H.P. 1224, L.D. 1717, Bi 11, "An 
Act To Create Mandatory Minimum Sentences for Persons Convicted 
of Certain Sex Offenses against Victims under 12 Years of Age" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act Regarding the Sentencing of Persons Convicted of Gross 
Sexual Assault against Victims under 12 Years of Age' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 17-A MRSA §1202, sub-§I-A, ~C, as enacted by PL 2003, 
c. 711, Pt. B, §16, is repealed. 
Sec. 2. 17-A MRSA §1231, as amended by PL 2003, c. 711, Pt. 
B, §18, is further amended to read: 
§123I. Inclusion of period of supervised release 
after imprisonment 
1. 
The 
court, 
in 
imposing 
a 
sentence 
of 
a 
term 
of 
imprisonment that does not include probation for a violation of 
section 253, 
may include as part of the sentence a requirement 
that the defendant be placed on a period of supervised release 
after imprisonment. 
The period of supervised release commences 
on the date the person is released from confinement pursuant to 
section 1254. 
I-A. 
Notwithstanding subsection L 
the court shall impose 
as part of the sentence a reguirement that a defendant convicted 
COMMITTEE AMENDMENT 
-' 
~ 
C 
COMMITTEE AMENDMENT ,~, to H.P. 1224, L.D. 1717 
of violating section 253, subsection 1, paragraph C be placed on 
a period of supervised release after imprisonment. 
The period of 
supervised release commences on the date the person is released 
from confinement pursuant to section 1254 and must include the 
best available monitoring technology for the duration of the 
period of supervised release. 
2. 
The authorized period of supervised release is: 
A. 
Any period of years for a person sentenced as a repeat 
sexual assault offender pursuant to section 1252, subsection 
4-B; aBe 
B. 
For 
a 
person 
not 
sentenced 
under 
section 
1252, 
sQBsee~ieB subsections 4-B or 4-E, a period not to exceed 10 
years for a Class A violation of section 253 and a period 
not to exceed 6 years for a Class B or Class C violation of 
section 253T; and 
C. 
Life 
for 
a 
person 
sentenced 
under 
section 
1252, 
subsection 4-E. 
3. 
During the period of supervised release specified in the 
sentence 
made 
pursuant 
to 
subsections 
and 
2, 
and 
upon 
application of a person on supervised release or the person IS 
probation officer, or upon its own motion, the court may, after a 
hearing upon notice to the probation officer and the person on 
supervised release, modify the requirements imposed by the court, 
add further requirements authorized by section 1232, or relieve 
the person on supervised release of any requirement imposed by 
the 
court 
that, 
in its opinion, 
imposes 
on 
the 
person 
an 
unreasonable burden. 
Notwithstanding this subsection, the court may grant, ex parte, a 
motion 
brought 
by 
the 
probation 
officer 
to 
add 
further 
requirements if the 
requirements are immediately necessary to 
protect the safety of an individual or the public and if all 
reasonable efforts have been made to give written or oral notice 
to the person on supervised release. 
Any requirements 
added 
pursuant to an ex parte motion do not take effect until written 
notice of the requirements, 
along with written notice of the 
scheduled date, time and place when the court will hold a hearing 
on the added requirements, is given to the person on supervised 
release. 
4. 
On 
application of the probation officer, 
or of the 
person on supervised release, 
or on its own motion, 
and if 
warranted by the conduct of the person, the court may terminate a 
period of supervised release and discharge the convicted person 
at any time earlier than that provided in the sentence made 
pursuant to subsections 1 and 2. 
A termination and discharge may 
COMMITTEE AMENDMENT 
...... 
~ 
.~ 
COMMITTEE AMENDMENT ,~, to H.P. 1224, L.D. 1717 
not be ordered 
QpeB--~ae-~~~~-~--~~-~~£~-eB--&QpeFVisea 
Fe;j,ease unless notice of the motion is given to the probation 
officer By-~~e-~~~-&~~~~~~-Fe;j,ea6e and the attorney for 
the State. 
A termination and discharge relieves the person on 
supervised release of any obligations imposed by the sentence of 
supervised release. 
5. 
Any justice, 
in order to comply with section 1256, 
subsection 8, may terminate a period of supervised release that 
would delay commencement of 
a 
consecutive unsuspended term of 
imprisonment. 
Any 
judge 
may 
also 
do 
so 
if that 
judge 
has 
jurisdiction over each of the sentences involved. 
6. 
The court may revoke 
a period of supervised release 
pursuant to section 1233. 
If the court revokes 
a period of 
supervised release, the court may shall require the person to 
serve time in prison under the custody of the Department of 
Corrections. 
This time in prison may equal all or part of the 
per iod of supervised release, without credit for time served on 
post-release supervisionT-~~-~~~-e*eeea-~~~-~--~-6EFai~RE 
EeEm--e~--impFiseBHIeBt--impesea. 
The 
remaining portion of 
the 
period of supervised release that is not required to be served in 
prison remains in effect to be served after the person's release 
and is subject to revocation at a later date. 
Sec. 3. 17-A MRSA §1252, sub-§4-D, as enacted by PL 2003, c. 
711, Pt. B, 
§20, is repealed and the following enacted in its 
place: 
D. 
If the State Eleads and Eroves that a crime under 
§ectiQn 282 was committed against a Eerson who had not attained 
years 
of 
age, 
the 
court, 
in exerci§ing its 
sentencing 
discretiQn, 
shall 
give 
the 
age 
of 
the 
victim 
serious 
con§ideration. 
Sec. 4. 17-A MRSA §1252, sub-§4-E is enacted to read: 
4-E. 
If the State Eleads and Eroves that a crime under 
section 
was 
committed against a 
Eerson who 
had not yet 
attained 12 years of age, the court. notwithstanding subsection 
2, shall imEQse a definite term Qf imErisonment for any term of 
years. 
In determining the basic term of imErisonment as the 
first steE in the sentencing ErQcess, the court shall select a 
term of at least 20 years.' 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Committee on Criminal Justice and Public Safety. 
This amendment 
COMMITTEE AMENDMENT 
Iioti .. 
~= 
COMMITTEE AMENDMENT ,G, to H.P. 1224, L.D. 1717 
replaces 
the bill 
and 
makes 
the 
following 
changes 
to 
the 
sentencing laws. 
The amendment amends the Maine Revised Statutes, Title 17-A, 
chapter 
50, 
which deals with the 
supervised release of 
sex 
offenders, 
by 
specifying 
that 
supervised 
release 
is 
not 
discretionary but required for persons convicted of committing 
gross sexual assault against a person under 12 years of age. The 
period of supervised release commences on the date the person is 
released from confinement, runs for the duration of the person's 
life and must include the best availabl~ monitoring technology. 
The amendment also specifies that if the court revokes a period 
of supervised release, 
the court shall require the person to 
serve 
time in prison under the custody of the Department of 
Corrections. 
This time in prison may equal all or part of the 
period of supervised release, without credit for time served on 
post-release supervision and without any limitations based on the 
prior 
term 
of 
imprisonment, 
as 
current 
law 
requires. 
The 
remaining portion of the period of supervised release that is not 
required to be served in prison remains in effect to be served 
after the person's release and again is subject to revocation, if 
warranted. 
The amendment also specifies that if the State pleads and 
proves 
that the crime of gross 
sexual assault was 
committed 
against a person who had not yet attained 12 years of age, the 
court shall impose a definite term of imprisonment for any term 
of years. 
In determining the basic term of imprisonment as the 
first step in the sentencing process, 
pursuant to Title 17-A, 
section 1252-C, subsection 1, the court shall select a term of at 
least 20 years. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/26/06 ;:.tvac:.. 
LD 1717 
LR 2770(16) 
An Act to Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses 
against Victims under 12 Years of Age 
Fiscal Note for Bill as Amended by CommUtee Amendment 'e' 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
Correctional and Judicial Impact Statements: 
Establishing a required start period of imprisonment at 20 years and requiring supervised release for life with the best 
available monitoring technology will increase future correctional costs. The cost of electronic monitoring is estimated 
to be $12 per day per person or $6 per day per person depending on whether real time information is required or 
delayed information is acceptable. 
The Judicial Department has indicated that this legislation will result in fewer cases being resolved without trial, 
increasing trial and sentencing costs due to additional time requirements for judges, clerks, security, court reporters 
and indigent defense. 
LR2770(16) - Fiscal Note - Page 1 of 1