An Act To Create Mandatory Minimum Sentences for -Persons Convicted of Certain Sex Offenses against Victims under 12 Years of Age
Maine Legislature, Session 122, LD 1717
House Amendment HA_A_H837 (House)
Amends: 17-A MRSA §1202, 17-A MRSA §1231, 17-A MRSA §1252

HOUSE AMENDMENT "~,, to H.P. 1224, L.D. 1717, Bill, "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 To Strenqtben the Sentencinq Laws for Persons Convicted 
of Gross Sez~ Assault aqainst Victims under 12 Years of Aqe' 
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 B, §16, is repealed.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: 
§1231. 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 1, the court shall impose 
as part of the sentence a requirement that a defendant convicted 
HOUSE AMENDMENT 
HOUSE AMENDMENT .. if;. 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. 
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; aRe. 
A-I. 
Life 
for 
a 
person 
sentenced under 
section 
1252, 
subsection 4-E; and 
B. 
For 
a 
person 
not 
sentenced 
under 
section 
1252, 
subsection 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 
years for a Class B or Class C violation of section 253. 
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's 
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 
not be ordered upon the motion of the person on supervised 
HOUSE AMENDMENT 
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'.;;c: 
HOUSE AMENDMENT .. /t. to H.P. 1224, L.D. 1717 
release unless notice of the motion is given to the probation 
officer by the person on supervised release. 
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 Rlay 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 supervisionT-~~-~~~-e*eeeQ-~~~-~-~-s~Fai~RE 
teFRI--e~--iRl~FiseaHIeat--iRl~eseQ. 
The 
rema~n~ng 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 pleads and proves that a crime under 
section 282 was committed against a person who had not attained 
years 
of 
age, 
the 
court, 
in 
exercising its 
sentencing 
discretion, 
shall 
give 
the 
age 
of 
the 
victim 
serious 
consideration. 
Sec. 4. 17-A MRSA §1252, sub-§4-E is enacted to read: 
4-£. 
If the State pleads and proves that a crime under 
section 253 was committed against a person who had not attained 
years of age, the court. notwithstanding any other provision 
of this code, shall set a definite period of imprisonment for any 
term of years or 
a 
term of imprisonment for life. 
If the 
sentence of imprisonment is less than life, the court shall 
impose a period of supervised release for life under chapter 50.' 
SUMMARY 
This amendment replaces the bill and makes the following 
changes to the sentencing laws. 
1. 
The amendment directs the court to impose a sentencing 
HOUSE AMENDMENT 
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HOUSE AMENDMENT fJff., to H.P. 1224, L.D. 1717 
alternative of a term of imprisonment for any term of years or a 
term of life for a person convicted of committing gross sexual 
assault against a person under 12 years of age. 
2. 
The 
amendment 
requires that, if a 
person does 
not 
receive a sentence of imprisonment for life for committing gross 
sexual assault against a person under 12 years of age, the court 
shall 
then 
impose 
a 
period of 
supervised release 
for 
life 
following the period of imprisonment. 
For this offense, a person 
would be sentenced to supervised release instead of having a 
sentencing alternative of probation. 
3. 
The amendment amends the Maine Revised Statutes, Ti tIe 
17-A, chapter 50, which deals with the supervised release for sex 
offenders, by specifying that supervised release after release 
from 
prison is 
not 
discretionary but 
required 
for 
persons 
convicted of committing gross sexual assault against a person 
under 12 years of age. 
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 
supervl.sl.on 
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 I s 
release and again is 
repeatedly subject to revocation, if warranted. 
SPONSORED BY: 
iq~j flP~..R 
(Representative SYKES) 
tJ7'-----
TOWN: 
Harrison 
FISCAL "\OTE REQt;lRED 
(See attached) 
HOUSE AMENDMENT 
Approved: 03115/06 frac:. 
LD 1717 
LR2770(04) 
An Act to Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses 
against Victims under 12 Years of A~e 
Fiscal Note for House Amendment ''/1'' 
Sponsor: Rep. Sykes 
Fiscal Note Required: Yes 
Fiscal Note 
Undetennined future biennium cost increase - General Fund 
Correctional and Judicial Impact Statements: 
This amendment removes the 25 year minimum mandatory sentence contained in the original bill which may result in 
a reduction in future correctional costs. It also allows judicial discretion to impose any number of years in prison 
followed by supervised release for life for violators of certain sex offenses which will increase costs to the Department 
of Corrections. As amended, this legislation will still result in increased costs to the state's correctional system as well 
as the Judicial Department. 
LR2770(4) - Fiscal Note - Page 1 of 1