An Act To Amend the Maine Criminal Code Regarding Deferred Disposition and Administrative Release
Maine Legislature, Session 122, LD 1356
Committee: Criminal Justice and Public Safety
Sponsors: SYKES
Amends: 17-A MRSA §1348-A, 17-A MRSA §1348-B, 17-A MRSA §1349-C

Legislative Document 
No. 1356 
H.P.939 
House of Representati ves, March 17, 2005 
An Act To Amend the Maine Criminal Code Regarding Deferred 
Disposition and Administrative Release 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative SYKES of Harrison. 
Print~d on recyded paper 
7I1~ 
1J7.11ltU~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1348-A, sub-§I, as enacted by PL 2003, c. 
711, Pt. A, §19, is amended to read: 
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 requirements 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 
requirements must include a requirement that the person refrain 
from 
criminal 
conduct 
and 
pay 
to 
the 
appropriate 
county 
an 
administrative supervision fee of not less than $10 and not more 
than $50 per month, as determined by the court, for the term of 
the deferment. 
In determining the amount of the fee, the court 
shall take into account the financial resources of the person and 
the nature of the burden its payment imposes. 
In exchange for 
the 
deferred 
sentencing, 
the 
person 
shall 
abide 
by 
the 
court-imposed deferment requirements. 
Unless the court orders 
otherwise, the requirements are immediately in effect. 
Sec. 2. 17-A MRSA §1348-B, sub-§2, as enacted by PL 2003, c. 
711, Pt. A, §19, is amended to read: 
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 l348-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. 
When a 
person 
fails 
to 
pay 
the 
administrative 
supervision 
fee 
as 
required under 
section 
l348-A, 
subsection 1, 
the 
court 
may 
terminate the running of the period of deferment 
and impose 
sentence unless the person shows that failure to pay was not 
attributable to a willful refusal to payor to a failure on that 
person's part to make a good faith effort to obtain the funds 
required for the payment. 
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. 
Page l-LR1855(1) 
Sec. 3. 17-A MRSA §1349-C, sub-§l, as enacted by PL 2003, c. 
711, Pt. A, §19, is amended to read: 
1. 
I f 
the 
court 
imposes 
a 
suspended 
sentence 
with 
administrative release under section 1349-B, 
the court shall 
attach requirements of administrative release, as authorized by 
this section, 
as 
the 
court determines 
to 
be 
reasonable 
and 
appropriate to help ensure accountability and rehabilitation of 
the person. 
The 
court-imposed requirements of administrative 
release must include 
a 
requirement that the convicted person 
refrain from criminal conduct and pay to the appropriate county 
an administrative supervision fee of not less than $10 and not 
more than $50 per month, as determined by the court, for the term 
of the administrative release. 
In determining the amount of the 
fee, the court shall take into account the financial resources of 
the person and the nature of the burden its payment imposes. 
When a person fails to pay the administrative supervision fee, 
the 
court 
may 
revoke 
administrative 
release 
as 
provided 
in 
sections 1349-D and 1349-E unless the person shows that failure 
~y 
was not attributable to a willful refusal to payor to a 
failur!;! on that 
p~rson' s part to make a good faith effort to 
obtain the funds required for the payment. 
SUMMARY 
This bill requires 
a 
supervision fee of not less 
month, as determined by the 
cases 
in 
which 
the 
court 
deferred disposition. 
defendant to pay an administrative 
than $10 and not more than $50 per 
court, to the appropriate county in 
grants 
administrative 
release 
or