An Act To Amend the Sentencing Laws
Maine Legislature, Session 122, LD 1505
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, BLANCHETTE, CLUKEY, CHURCHILL, GERZOFSKY, GROSE, SYKES
Amends: 17-A MRSA §1152, 17-A MRSA §1174-A, 17-A MRSA §1201, 17-A MRSA §1202, 17-A MRSA §1348-A, 17-A MRSA §1348-B, 17-A MRSA §1349, 17-A MRSA §1349-A, 17-A MRSA §1349-B, 17-A MRSA §1349-D, 19-A MRSA §4002, 34-A MRSA §5402, 34-A MRSA §5404

Legislative Document 
No. 1505 
S.P.521 
In Senate, March 29, 2005 
An Act To Amend the Sentencing Laws 
(EMERGENCY) 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator DIAMOND of Cumberland. (GOVERNOR'S BILL) 
Cosponsored by Representative BLANCHETTE of Bangor and 
Senator: CLUKEY of Aroostook, Representatives: CHURCHILL of Washburn, GERZOFSKY 
of Brunswick, GROSE of Woolwich, SYKES of Harrison. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, 
the 
Commission 
to 
Improve 
the 
Sentencing, 
Supervision, 
Management 
and 
Incarceration 
of 
Prisoners 
was 
established by the Legislature to examine the factors leading to 
prison overcrowding, the impact of current sentencing laws, the 
use of alternative sentences and means to reduce recidivism, in 
particular recidivism caused by mental illness 
and 
substance 
abuse: and 
Whereas, 
the 
commission I s 
recommendations 
to 
create 
sentencing alternatives for certain classes of offenses 
were 
enacted: however, greater judicial discretion is necessary to 
deter future criminal conduct and for the safety of victims of 
crime: and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety: now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1152, sub-§2, ,G, as amended by PL 1995, c. 
136, §1, is further amended to read: 
G. 
A fine as authorized by chapter 53. 
Such a fine may be 
imposed 
in 
addition 
to 
the 
sentencing 
alternatives 
in 
paragraphs B, D, E aBeL F, H, I, Land M: 
Sec. 2. 17-A MRSA §1152, sub-§2, "K and L, as enacted by PL 
2003, c. 711, Pt. A, §9, are amended to read: 
K. 
A fine, 
suspended in whole or in part, 
court I s discretion, administrative release as 
chapter 54-G: 91' 
with, at the 
authorized by 
L. 
A suspended term of imprisonment with administrative 
release as authorized by chapter 54-GT~ 
Sec.3. 17-A MRSA §1152, sub-§2"M is enacted to read: 
M. 
A split sentence of imprisonment with administrative 
release as authorized by chapter 54-G. 
Sec. 4. 17-A MRS A §1172, sub-§I, "A, B, D and E. as enacted by 
PL 1995, c. 680, §5, are amended to read: 
A. 
The details of a plea agreement, including a deferred 
disposition, before it is submitted to the court; 
B. 
The right to comment on ~ae £ plea agreement, including 
a deferred disposition, pursuant to section 1173; 
D. 
The time and place of sentencing; aRe 
E. 
The 
right to participate at sentencing pursuant 
to 
section 1174T~ 
Sec. 5. 17-A MRS A §1172, sub-§l, F is enacted to read: 
F. 
The right to comment on the proposed early termination 
of probation. early termination of administrative release or 
conversion of probation to administrative release. pursuant 
to section 1174-A. 
Sec. 6. 17-A MRSA §1174-A is enacted to read: 
§1174-A. 
Termination or conversion procedure 
When the attorney for the State receives notice of a motion 
seeking early termination of probation or early termination of 
administrative 
release 
or 
seeking 
to 
convert 
probation 
to 
administrative release. the attorney for the State shall disclose 
to the court any attempts made to notify each victim of the 
motion to terminate or convert and any objection to the motion by 
a victim. 
If a hearing is held on the motion by the court and 
the victim is present in court. the victim may address the court 
at that time. 
Sec. 7. 17-A MRSA §1201, sub-§l, llA-l, as enacted by PL 2003, 
c. 711. Pt. A, §10. is amended to read: 
A-1. 
The conviction is for a Class D or Class E crime other 
than 
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as-iR-*i~*e-*9-AT-seetieR-4GG6T-6~a6eetieR-4T~ 
(1) 
A Class 
D or Class 
E crime relative to which. 
based upon both the written agreement of the parties 
and a court finding. the facts and circumstances of the 
underlying 
criminal 
episode 
giving 
rise 
to 
the 
conviction generated probable 
cause 
to believe 
the 
defendant had committed a Class A, Class B or Class C 
crime in the course of that criminal episode and, as 
agreed upon in writing by the parties and found by the 
court, the defendant has no prior conviction for murder 
or for a Class A, Class B or Class C crime and has not 
been placed on probation pursuant to this subparagraph 
on any prior occasion; 
(2) 
A Class D crime committed against a 
family or 
household member 
under 
chapter 
or 
or section 
506-B, 554, 555 or 758. 
As used in this subparagraph, 
"family or household member" has the same meaning as in 
Title 19-A, section 4002, subsection 4; 
(3) 
A Class D or Class E crime in chapter 11 or 12; 
(4) 
A Class D crime under section 210-A; 
(5) 
A Class D or Class 
E crime under section 556, 
section 
854, 
excluding 
subsection 
1, 
paragraph 
A, 
subparagraph (1), or section 855; 
(6) 
A Class 
D crime in chapter 
relating to 
a 
schedule W drug; or 
(7) 
A Class 
D or Class E crime under Title 29-A, 
section 2411, subsection 
I-A, paragraph B. 
Sec. 8. 17-A MRSA §1202, sub-§2, as amended by PL 1997, c. 
421, Pt. B, §1, is further amended to read: 
2. 
During the period of probation specified in the sentence 
made pursuant to subsection 1, and upon application of a person 
on probation 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 
probation, 
modify 
the 
requirements 
imposed by the court or 
a 
community reparations 
board, add further requirements authorized by section 1204 T 
or 
relieve the person on probation of any requirement imposed by the 
court or a 
community reparations board that, in its oplnlon, 
imposes on the person an unreasonable burden. 
If the person on 
probation cannot meet a requirement imposed by the court or a 
community reparations board, 
the person shall bring a 
motion 
under this subsection. 
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 probation. 
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 shall hold a hearing on the added 
requirements, is given to the person on probation. 
Sec. 9. 17-A MRSA §1202, sub-§2-A, as enacted by PL 2003, c. 
711, Pt. A, §13, is amended to read: 
2-A. 
Once 
the 
period 
of 
probation 
has 
commenced, 
on 
appliea~ieB motion of the probation officer, or of the person on 
probation, 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 or 
a Class C crime under Title 29-A, section 2557 to a period of 
administrative release. 
A conversion to administrative release 
may not be ordered 
ypeB--t-he--me~i-eB--&-f--I;he..-pe-l"5eR--o-n--pll'eea~ieB 
unless notice of the motion is given to the probation officer ey 
~.Re-~r-&G-n--~-pl'eea~.ieB and the attorney for the State. 
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. 10. 17-A MRSA §1202, sub-§3, as amended by PL 2003, c. 
711, Pt. A, §14, is further amended to read: 
3. 
Once 
the 
per iod 
of 
probation 
has 
commenced, 
on 
appliea~ieB motion of the probation officer, or of the person on 
probation, 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 such person. 
A 
termination and discharge may not be ordered ypeB--t-he---IlIO-t:-.J..o.n--e€ 
~.Re-pe·H;~-o-n--pl'eea~ieB unless notice of the motion is given to 
the probation officer ey-~.Re-pe~SeB-eB-p~eea~ieB and the attorney 
for the State. 
Such termination and discharge serves to relieve 
the 
person 
on 
probation of 
any 
obligations 
imposed 
by 
the 
sentence of probation. 
Sec.H. 17-A MRSA §1348-A, sub-§3 is enacted to read: 
3. 
During the period of deferment, if the person cannot 
meet a deferment requirement imposed by the court , 
the person 
shall bring a motion pursuant to subsection 2. 
Sec. 12. 17-A MRSA §1348-B. sub-§§I. 2 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 ee~F~-fiBas person demonstrates by a preponderance of the 
evidence that the person has complied with the court-imposed 
deferment requirements, 
the court shall impose 
a 
SeB~eB€e--e~ 
~BeeBai~ieBaJ-~~~~~~--~~1&&-1~49 sentencing alternative 
authorized for the crime to which the person pled guilty and 
consented to in writing at the time sentencing was deferred or as 
amended 
by 
agreement 
of 
the 
parties 
in 
writing 
prior 
to 
sentencing, unless the attorney for the State, prior to sentence 
imposi tion, moves the court to allow the person to withdraw 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. 
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 1348-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 ee~F~-fiBas attorney for the State proves 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. 
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. 
5. 
A summons 
HI~S~ ~ 
be used to order a person who was 
granted deferred disposition pursuant to section 1348-A to appear 
for a hearing under this section. 
If the person 
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a6-·H!€[~-i~ee 
HlaY-Be-~~~~~~~-~-a-beBeR-wa~~a£~-~-~-&~F-e~ after 
having been served with a summons, the court may issue a warrant 
for the arrest of the person. 
Sec. 13. 17-A MRSA §1348-B, sub-§6, as enacted by PL 2003, c. 
711, Pt. A, §19, is repealed. 
Sec. 14. 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. 15. 17-A MRSA §1349, sub-§I, as corrected by RR 2003, c. 
2, §28, is amended to read: 
1. A person who has been convicted of a Class D or Class E 
crime or a Class C crime under Title 29-A. section 2557 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 
sentences 
alternative under section 
probation; or 
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. 16. 17-A MRSA §1349-A, sub-§2-A is enacted to read: 
2-A. 
During the period of administrative release. if the 
person 
cannot 
meet 
a 
requirement 
of 
administrative 
release 
imposed by the court. the person shall bring a motion pursuant to 
subsection 2. 
Sec. 17. 17-A MRSA §1349-B, sub-§I, 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 or the Class C crime under Title 29-A, 
section 2557, suspend the eBE~~e 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 1349-A, subsection 1. 
Sec. 18. 17-A MRSA §1349-D, as enacted by PL 2003, c. 711, 
Pt. A, §19, is amended to read: 
§1349-D. Commencement of administrative re1ease 
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 aRe-€a~~e-~~-~-&e-eeJ4¥e£ee-~~~~-~r~a-p*aeee 
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The motion must set 
forth the facts underlying the alleged violation. 
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1-A. 
A summons may be used to order a person who was placed 
on administrative release to appear on a motion to revoke that 
person's 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 
pFeliffiiRaF~-Rea~iB~ an initial appearance as provided in section 
1699 1205-C, subsection 4, and, if retained in custody, section 
1205-C, subsection 3 applies. 
4. 
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P~eeea\i~eT 
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 
reguirement 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. 19. 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. 20. 34-A MRS A §5402, sub-§3, 1[1[B 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; aRe 
C. 
Sign 
documents, 
including 
warrants 
and 
extradition 
papers, for the board when so instructed by the boardT; and 
Sec. 21. 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 reoffending. 
Sec. 22. 34-A MRSA §5404, sub-§3, 1[A, as amended by PL 1989, 
c. 127, §14, is further amended to read: 
A. 
Supervise the probation, parole or intensive supervision 
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; 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill: 
1. 
Amends the Maine Revised Statutes, Title 17 -A, section 
1152, subsection 2 in 2 regards. 
First, it adds references in 
paragraph G to the sentencing alternatives in paragraphs H, I, L 
and M since a fine may be imposed in addition to these added 
sentencing alternatives as well as those sentencing alternatives 
currently listed paragraphs B, D, E and F. 
Second, a paragraph M 
is enacted relative to a split sentence of imprisonment with 
administrative release as authorized by chapter 54-G because this 
bill creates this 
new 
sentencing alternative in Title 
17-A, 
section 1348-8, subsection 1; 
2. 
Amends Title 17-A, section 1172, subsection 1 by adding 
a reference to "deferred disposition" in paragraphs A and Band 
by enacting a 
new paragraph F that imposes a 
new duty on the 
attorney for the State when practicable to make 
a 
good faith 
effort to inform a crime victim of the right to comment on the 
proposed early termination of probation, early termination of 
administrative 
release 
or 
conversion 
of 
probation 
to 
administrative release; 
3. 
Enacts Title 17-A, section 1174-A, which imposes a new 
duty on the attorney for the State after receiving notice of a 
motion 
seeking 
early 
termination 
of 
probation 
or 
early 
termination 
of 
administrative 
release 
or 
seeking 
to 
convert 
probation to administrative release to disclose to the court any 
attempts 
made 
to 
notify 
the 
victim of 
the 
motion 
and 
any 
objection to the motion by the victim. 
It also provides the 
victim a right to be heard on the motion in the event a hearing 
is held by the court and the victim is physically present in the 
courtroom; 
4. 
Amends Title 17-A, section 1201, subsection 1, paragraph 
A-1 
by enacting a 
new subparagraph (1) 
authorizing probation 
following 
conviction 
for 
those 
Class 
D 
and 
Class 
E 
crimes 
relative to which, based upon both the written agreement of the 
parties and a court finding, the facts and circumstances of the 
underlying 
criminal 
episode 
giving 
rise 
to 
the 
conviction 
generated probable cause to believe the defendant had committed a 
Class A, Class B or Class C crime in the course of that criminal 
episode, and as agreed upon in writing by the parties and found 
by the court, the defendant has no prior conviction for murder or 
for a Class A, Class B or Class C crime and has not been placed 
on 
probation 
pursuant 
to 
this 
subparagraph 
on 
any 
prior 
occasion. 
The availability of probation provides the impetus for 
the attorney for the State to forego the felony in favor of a 
misdemeanor disposition. 
The bill enacts a new subparagraph (4) 
to paragraph A-I authorizing probation following conviction for a 
Class D crime of stalking, a violation of Title 17-A, section 
210-A, 
subsection 
1, 
paragraph 
A. 
Currently, 
probation 
is 
authorized for Class D stalking only if committed against a 
family or household member. 
It enacts a new subparagraph (6) to 
paragraph A-I authorizing probation following conviction for a 
Class D crime in Title 17-A, chapter 45 relating to a schedule W 
drug. 
Chapter 45 includes unlawful possession of scheduled drugs 
as well as various criminal attempts; 
5. 
Amends 
Title 
17-A, 
section 
1202, 
subsection 
by 
imposing on a person on probation the duty to bring a motion 
pursuant to the subsection if the probationer, at any time during 
the period of probation, cannot meet a requirement imposed by the 
court or a community reparations board; 
6. 
Amends Title 17 -A, section 1202, subsection 2-A in 3 
ways. 
First, the word "application" is replaced by the word 
"motion," which more accurately describes the process. 
Second, a 
court is authorized to convert a period of probation imposed for 
the 
Class 
C 
crime 
of 
operating 
after 
habitual 
offender 
revocation, pursuant to Title 29-A, section 2557, to a period of 
administrative release. 
Third, 
a conversion from probation to 
administrative release by a court sought by the probationer, the 
probation officer or 
the 
court 
on its 
own 
motion 
is 
made 
contingent 
upon notice of 
the motion being provided to 
the 
attorney for the State as well as the probation officer; 
7. 
Amends Title 17-A, 
section 1202, 
subsection 3 in 2 
ways. 
First, the word "application" is replaced by the word 
"motion." 
Second, a termination of probation and discharge by a 
court sought by the probationer, the probation officer or the 
court on its own motion is made contingent upon notice of the 
motion being provided to the attorney for the State as well as 
the probation officer; 
8. 
Enacts Title 17-A, section 1348-A, subsection 3, which 
imposes on the person granted a deferred disposition the duty to 
bring a motion pursuant to section 1348-A, subsection 2 if, at 
any time during the period of deferment, the person cannot meet a 
deferment requirement imposed by the court; 
9. 
ways. 
Amends Title 17 -A, section 1348-B, 
First, it clarifies which party has 
subsection 1 
in 2 
the burden of proof 
and what that burden is by expressly providing that at the 
hearing on final disposition at the conclusion of the period of 
deferment 
the 
person 
granted 
a 
deferred 
disposition 
must 
demonstrate 
compliance 
with 
the 
court-imposed 
deferment 
requirements by a 
preponderance of the evidence. 
Second, it 
changes current law by providing that in the event the person 
granted 
a 
deferred disposition meets 
the person's burden of 
proof, the sentence to be imposed by the court is any sentence 
alternative authorized for the crime that was either agreed to in 
writing at the time the sentencing was originally deferred or as 
amended by agreement of the parties in writing subsequently but 
prior to the actual sentence being imposed; 
10. 
Amends Title 17 -A, 
section 1348-B, 
subsection 2 to 
clarify 
which 
party 
has 
the 
burden 
of 
proof 
by 
expressly 
providing that at the hearing on the State's motion to terminate 
the remainder of the period of deferment and impose sentence the 
State 
must 
demonstrate 
that 
the 
person 
granted 
a 
deferred 
disposition has inexcusably failed to comply with a court-imposed 
deferment requirement; 
11. 
Amends 
Title 
-A, 
section 
l348-B, 
subsection 
5, 
repeals section l348-B, subsection 6 and enacts section l348-B, 
subsection 7, 
simplifying the 
summons 
process and the arrest 
warrant process for persons on deferred disposition. 
To obtain 
the presence of the person granted a deferred disposition at the 
hearing on final disposition at the conclusion of the period of 
deferment, the summons process is contemplated. 
If the person 
fails to appear after having been served with a 
summons, 
the 
court may issue a warrant of arrest of the person. 
To obtain the 
presence of the person granted a deferred disposition at the 
hearing on the State's motion to terminate the remainder of the 
period of deferment and impose sentence, both the arrest warrant 
process and the summons process are available to the State in 
order to obtain the appearance of the person; 
12. 
Amends Title 17 -A, section 1349 to make a person who 
has 
been 
convicted 
of 
operating 
after 
habitual 
offender 
revocation, pursuant to Title 29-A, section 2557, eligible for a 
sentence alternative that includes 
a period of administrative 
release; 
13. 
Enacts Title 
l7-A, 
section l349-A, 
subsection 
2-A, 
which imposes on the person placed on administrative release the 
duty to bring a motion under section 1349-A, subsection 2 if, at 
any time during the period of administrative release, the person 
cannot meet a requirement of administrative release imposed by 
the court; 
14. 
Amends Title 17-A, section 1349-B, subsection 1 in 2 
Page ll-LR2267(1) 
regards. 
First, it includes a reference to the Class C crime of 
operating after habitual offender revocation, pursuant to Title 
29-A, section 2557, as a crime for which, following conviction, 
the person is eligible for a sentence alternative that includes a 
period of administrative release. 
Second, it creates the new 
sentencing al ternati ve of a split sentence of imprisonment with 
administrative release. 
Currently, only a wholly suspended term 
of 
imprisonment 
could 
be 
accompanied 
by 
a 
period 
of 
administrative release; 
15. 
Amends 
Title 17-A, 
section 
1349-D 
to 
simplify the 
summons process and the arrest warrant process for persons on 
administrative release. 
To obtain the presence of a person who 
was placed on administrative release at the hearing on the motion 
to revoke administrative release filed by the State, both the 
summons process and the arrest warrant process are available to 
the State; 
16. 
Amends 
Title 
19-A, 
section 
4002, 
subsection 
to 
expressly make the definition of "family and household members" 
contained therein applicable to Title 17 -A, sections 1201, 1202 
and 1253; 
17. 
Enacts 
Title 
34-A, 
section 
5402, 
subsection 
3, 
paragraph F, which empowers the Commissioner of Corrections to 
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 offending; 
and 
18. 
Amends 
Title 
34-A, 
section 
5404, 
subsection 
3, 
paragraph A relative to supervision of persons by probation and 
parole or intensive supervision program officers by providing 
that the purpose of supervision of each person placed under the 
officer's supervision is to ensure that departmental resources 
are directed to the management of persons with a high risk of 
reoffending.