An Act To Amend the Sentencing Laws
Maine Legislature, Session 122, LD 1237
Committee: Criminal Justice and Public Safety
Sponsors: TARDY, NASS, BLANCHETTE, CARR, FAIRCLOTH, GERZOFSKY, GREELEY, PLUMMER, SYKES, DIAMOND
Amends: 17-A MRSA §1201, 17-A MRSA §1202, 17-A MRSA §1348-B, 17-A MRSA §1349, 17-A MRSA §1349-B, 17-A MRSA §1349-D, 34-A MRSA §5402, 34-A MRSA §5404

Legislative Document 
No. 1237 
H.P.855 
House of Representatives, March 10, 2005 
An Act To Amend the Sentencing Laws 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative TARDY of Newport. 
Cosponsored by Senator NASS of York and 
IY/~ 
/J7.7l!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHETTE of Bangor, CARR of Lincoln, FAIRCLOTH of Bangor, 
GERZOFSKY of Brunswick, GREELEY of Levant, PLUMMER of Windham, SYKES of 
Harrison, Senator: DIAMOND of Cumberland. 
Printt:d on re«.:yc\ed paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1201. sub-§J, 'A-J, as enacted by PL 2003, 
c. 711, Pt. A, §10, is amended to read: 
A-I. 
The conviction is for a Class D or Class E crime other 
than 
any 
Class 
D 
crime 
committed 
against 
a 
family 
or 
household member under chapter 9 or 13 or section 506-B, 
554, 555 or 758; any Class D or Class E crime in chapter 11 
or 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. 
The court may 
not sentence the person to a 
sentencing alternative that 
includes a period of probation unless it is satisfied that 
the 
period 
of 
probation 
is 
necessary 
to 
deter 
future 
criminal conduct or for 
the safety of 
a 
victim of the 
crime. 
As 
used in this paragraph, 
"family or household 
member" has the same meaning as in Title 19-A, section 4002, 
subsection 4; 
Sec. 2. 17-A MRSA §J202. sub-§2-A. as enacted by PL 2003, c. 
711, Pt. A, §13, ia amended to read: 
Z-A. 
Once 
the 
period 
of 
probation 
has 
commenced, 
on 
applieaEi9R motion of the probation officerr or of the person on 
probationr or on the court's own motion, the court may convert at 
any time a period 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 QP9R 
Eae-~~~~~-~ae 
pe~s9R-~-FFG&a~i9R unless notice of the motion is given to the 
probation officer by-~~€-~~~-pF9bati9R and the prosecuting 
attorney. 
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. 3. 17-A MRSA §1202, sub-§3, as amended by PL 2003, 
c. 
711, Pt. A, §14, is further amended to read: 
3. 
Once 
the 
period 
of 
probation 
has 
commenced, 
on 
appl~eat~9R motion of the probation officer r or of the person on 
probationr 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 SQea the person. 
A termination and discharge may not be ordered QP9R-tae-m9S~9R-9f 
she-.pe-!"-s-en---on--pF9basi9R unless notice of the motion is given to 
the 
probation officer 
by--tRe--pe~seR--9R--p~eeatieB and 
the 
prosecuting attorney. 
6Qeh The termination and discharge serves 
Page l-LR1968(1) 
" 
~O 
,!O 
to relieve the person on probation of any obligations imposed by 
the sentence of probation. 
Sec. 4. 17-A MRSA §1348-B, sub-§§l and 5, as enacted by PL 
2003, c. 711, Pt. A, §19, are amended to read: 
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 
seRteRee-e~-~~~~~-~~~~-s&e~i&&-1649 sentencing 
alternative authorized for the crime to which the person pled 
guil ty and consented to in wri ting by the person at the time 
sentencing was deferred, unless the attorney for the State, prior 
to sentence imposition, moves the court to allow the person to 
wi thdraw 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. 
5. 
A summons mlist may be used to order a person who was 
granted deferred disposition pursuant to section 1348-A to appear 
for a hearing under this section. 
;I;~--t..fle--pe-r--s.g.n.-G-a-n--.ge-Je€ateEl 
aREl-~~-wi~b-~-&~&&r--t..fle-~~~~-~e~-~-State-~-Ret 
eemmeRee--a--&ea~i~-~~-~~~-~~-~-.fla¥4£~--tAe--pe~seR 
a~~esteElT-~~-~ba~-~-~~-wbe-~~~~-~-~PFe~~-~-~e~lii~eEl 
may--&e-~~~~-p~~£~~Rt--te-~-~~-wa~~aRt-~~-~-~~--e~ 
a~~estT 
If the person fails to appear after having been served 
.. lith a summons, the court may issue a warrant for the arrest of 
the person. 
Sec. 5. 17-A MRSA §1348-B. sub-§6. as enacted by PL 2003, c. 
711, Pt. A, §19, is repealed. 
Sec. 6. 17-A MRSA §1348-B, sub-§7 is enacted to read: 
7. 
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 reguirement, the attorney for the State 
may apply for a warrant for the arrest of the person. 
Sec. 7. 17-A MRSA §1349, as corrected by RR 2003, c. 2, §28, 
is amended to read: 
§1349. Eligibility for sentence alternative that includes 
period of administrative release 
1. 
A person who has been convicted of a Class C crime under 
Title 29-A, section 2557 or 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 
required to pay the fine authorized therein; 
B. 
The 
court 
alternative under 
probation; or 
sentences 
section 
the 
1152 
person 
to 
that includes 
a 
sentencing 
a period of 
C. 
The court finds that such a sentence would diminish the 
gravity of the crime for which that person was convicted. 
Sec. 8. 17-A MRSA §1349-B, sub-§l, as enacted by PL 2003, c. 
711, Pt. A, §19, is amended to read: 
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 eR~iFe term of imprisonment 
in whole or in part and accompany the suspension with a period of 
administrative release not to exceed the one year authorized 
under section l349-A, subsection 1. 
Sec. 9. 17-A MRSA §1349-D, as enacted by PL 2003, c. 711, 
Pt. A, §19, is amended to read: 
§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 
requirement of administrative release, the attorney for the State 
may file a motion with the court seeking to revoke administrative 
release aRa-€a~£e-~~~-~-ge-aeJJ¥e~ea-~~~~-~~~&-p±aeee 
eR-~~~~~~~-relea&e-~~~~-&ha&-~~£B£-~~-appea~-~~--a 
ee1:lFt;--hear'-,l.nq--eB--&he--a-l-:l~-¥ie±a~ieR. 
The motion must set 
forth the facts underlying the alleged violation. 
±He-£-I::lmmeR6 
ffi1:lS~-~-J~--&He-~-fe~ffi-~&-~-S1:lffiffieRs--~aG&~-~~~~-±6G9-8T 
S1:l96ee~ieR-~-~~-~Ha~-~~~a&-ffi1:l6~-~~~~-~-6i~Ra~1:lFe 
ef-a-±aw-eRfeFeeffieR~-effieeF-e~HeF-~HaR-a-pFe9a~ieR-effieeFT 
• 
SO 
I-A. 
A summons may be used to order a person who was placed 
on 
administrative 
release 
to 
appear 
on 
a 
motion 
to 
revoke 
administrative release. 
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 
rFe*imiaaFy-ReaFia~ an initial appearance as provided in section 
16g9 1205-C, subsection 4, and, if retained in custody, section 
1205-C, subsection 3 applies. 
4. 
~~-~~-FeFsea-~~-ea-~~~~~~~-Fe1ease-~-Be 
leea~eQ-a~4-~~~-&~a&r-~Re-a~~e£Rey-~~-~~~~~~ay-ae~ 
eemmeaee--~Re-~~b&~r&~~~-~~~-~~~-~--RaviR~--~Re 
FeFsea--aFFe&~eQr---~w&~Fr--~~-~~-~~-~~-~~~--wi~R--Q~e 
Qili~eaeeT-~-~Ga&eGr-~Re-~~~~-~eF-~~-S~a~-£ha~~-~~~-a 
wFi~~ea-~~~~~-~Ri&-fae~-~~~~~-ee~F~-a~4-~~;r-a-waFFaa~ 
e~--a££e£~--~--~~--41--e~--~he--~~-~~-~f--bFimiaal 
PFeeeQ~FeT 
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 apply for a warrant for the arrest of the person. 
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 
and 6. 
Sec. 10. 19·A MRSA §4002, sub-§4, as amended by PL 2003, c. 
672, §16, is further amended to read: 
4. 
Family or 
household members. 
"Family 
or 
household 
members" 
means spouses or domestic partners or former spouses or 
former 
domestic 
partners, 
individuals 
presently 
or 
formerly 
living together as spouses, natural parents of the same child, 
adult household members related by consanguinity or affinity or 
minor children of a household member when the defendant is an 
adult household member and, for the purposes of this chapter and 
Title 
17-A, 
sections 
1201, 
1202 
and 
1253 
only, 
includes 
individuals presently or formerly living together and individuals 
who are or were sexual partners. Holding oneself out to be a 
spouse is not necessary to constitute "living as spouses." 
For 
purposes 
of 
this 
subsection, 
"domestic 
partners" 
means 
unmarried 
adults 
who 
are 
domiciled 
together 
under 
long-term 
arrangements that evidence 
a 
commitment to remain responsible 
indefinitely for each other's welfare. 
Sec. 11. 34-A MRSA §5402. sub-§3. 1rtB and C. as amended by PL 
1995, c. 502, Pt. F, §34, are further amended to read: 
B. 
Obtain psychiatric, psychological and other necessary 
services; aBa 
C. 
Sign 
documents, 
including 
warrants 
and 
extradition 
papers, for the board when so instructed by the boardT; and 
Sec. 12. 34-A MRSA §5402, sub-§3, 1fF is enacted to read: 
F. 
Provide 
for 
necessary 
assessment 
and 
supervision 
procedures and direct the use of adult probation resources 
and staff to the management of adult probationers with a 
high risk of reQffending; 
Sec. 13. 34-A MRSA §5404. sub-§3, 1rA. as amended by PL 1989, 
Z8 
c. 127, §14, is further amended to read: 
A. 
Supervise the probation, parole or intensive supervlslon 
of each person placed under the officer's supervision to 
ensure 
that 
departmental 
resources 
are 
directed 
to 
the 
management of persons with a high risk of reoffending: 
SUMMARY 
This bill allows a court to grant a period of probation as 
part of an alternative sentence in certain Class D or Class 
E 
crimes if the court is satisfied that the period of probation is 
necessary to deter future criminal conduct or for the safety of 
the 
victim 
of 
the 
crime. 
The 
bill 
also 
requires 
that 
a 
conversion 
to 
administrative 
release 
or 
a 
termination 
and 
discharge may not be ordered unless notice of the motion is given 
to the person's probation officer and the prosecuting attorney. 
The bill also makes 
changes to the procedures for issuing a 
warrant or summons in a 
commencement of administrative release 
revocation proceeding.