An Act To Protect Public Safety and Help Offenders Return Safely to the Community
Maine Legislature, Session 122, LD 0638
Committee: Criminal Justice and Public Safety
Sponsors: FAIRCLOTH, BRAUTIGAM
Amends: 17-A MRSA §1201, 17-A MRSA §1202, 17-A MRSA §1253

Legislative Document 
No. 638 
H.P.471 
House of Representatives, February 8, 2005 
An Act To Protect Public Safety and Help Offenders Return Safely 
to the Community 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Representative: BRAUTIGAM of Falmouth. 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1201, sub-§I, 1JA-l, as enacted by PL 2003, 
c. 711, Pt. A, §10, is repealed and the following enacted in its 
place: 
A-I. 
The conviction is for a Class D or Class E crime other 
than: 
(1) 
A Class D or Class 
E crime that was initially 
charged by the attorney for the State as a Class A, 
Class B or Class C crime; 
(2) 
A Class D crime committed by a person who has a 
prior conviction for a Class A, 
Class B, Class C or 
Class D crime under this Title; 
a prior conviction 
under Title 29-A, section 2411; or a prior conviction 
under Title 29-A, chapter 23, subchapter 5; 
(3) 
A Class D crime committed against a 
family or 
household member 
under 
chapter 
or 
l3 
or section 
506-B, 554, 555 or 758; 
(4) 
A Class D or Class E crime in chapter 11 or 12; 
(5) 
A Class D or Class E crime under section 556; 854, 
excluding subsection 1, paragraph A, 
subparagraph (1); 
or 855; 
(6) 
A Class D crime under section 804; 
(7) 
A Class D crime under section 1107-A, subsection 
1, paragraph C; 
(8) 
A Class D crime under Title 17, section 1031; and 
(9) 
A Class D crime under Title 29-A, section 2411, 
subsection I-A, paragraph B. 
As used in this paragraph, "family or household member" has 
the same meaning as in Title 19-A, section 4002, subsection 
.1..L 
Sec. 2. 17-A MRSA §1202, sub-§I-A, 1JA-l, as enacted by 
PL 
2003, c. 711, Pte A, §12, is repealed and the following enacted 
in its place: 
A-I. 
If the State pleads and proves that the person was 
convicted of a Class A, Class B or Class C crime and has a 
prior conviction for a Class A, Class B, Class C or Class D 
Page l-LR0396(1) 
crime under this Title, a prior conviction under Title 29-A, 
section 2411 or chapter 23, subchapter 5; was convicted of 
committing against a 
family or household member 
a 
crime 
under chapter 9 or 13 or section 554; was convicted under 
chapter 11 or 12 or section 556; was convicted under section 
1103, 
subsection 
A, 
paragraph 
A; 
was 
convicted under 
section 
1105 A; 
or 
was 
convicted 
under 
section 
1107-A, 
subsection 1, paragraph B, the period of probation may not 
exceed: 
(1) 
Six years for a Class A crime; or 
(2) 
Four years for a Class B or Class C crime. 
As used in this paragraph, "family or household member" has 
the same meaning as in Title 19-A, section 4002, subsection 
II 
Sec.3. 17-A MRSA §1253, sub-§9, 'A-l is enacted to read: 
A-I. 
For a person who commits a crime, except for a crime 
set forth in subparagraphs (1) to (6), on or after October 
1, 
2005 
and 
is 
subsequently 
sentenced 
to 
a 
term 
of 
imprisonment for that crime, up to 3 days per calendar month 
may be deducted from that term, calculated from the date of 
commencement of that term as specified under subsection 1, 
if that person's conduct during that month is such that the 
deduction is determined to be warranted in the discretion of 
the chief administrative officer of the state facility or 
the sheriff of the county jail. 
Deductions 
under 
this 
paragraph may not be applied to the sentence of a person who 
commits: 
(1) 
Murder; 
(2) 
A crime under chapter II: 
(3) 
A crime under section 556; 
(4) 
A crime under section 854, excluding subsection 1, 
paragraph A, subparagraph (I): 
(5) 
A crime under chapter 12: or 
(6) 
A crime against a family or household member under 
chapter 9 or 13 or section 506-B, 554, 555 or 758. 
Deductions 
under 
this 
paragraph 
must 
be 
calculated 
as 
follows for partial calendar months: 
Days of partial month 
to 10 days 
to 20 days 
to 31 days 
Maximum 
deduction 
available 
up to 1 
up to 2 
up to 3 
Sec. 4. 17-A MRSA §1253, sub-§10, 'A-l is enacted to read: 
A-I. 
In addition to the days of deduction provided for in 
subsection 9, paragraph A, 
for any person who 
commits 
a 
crime, except for a crime set forth in subparagraphs (1) to 
(6), 
on 
or 
after 
October 
1, 
2005 
and 
is 
subseguently 
sentenced to a term of imprisonment for that crime, up to 2 
days per calendar month may be deducted from that term, 
calculated from the date of commencement of that term as 
specified under subsection 1, if that person's fulfillment 
of responsibilities assigned in the person's transition plan 
for work, education or rehabilitation programs during that 
month 
is 
such 
that 
the 
deduction 
is 
determined 
to 
be 
warranted in the discretion of 
the chief administrative 
officer of the state facility or the sheriff of the county 
jail. 
Deductions under this paragraph may not be applied to 
the sentence of a person who commits: 
(1) 
Murder; 
(2) 
A crime under chapter 11; 
(3) 
A crime under section 556; 
(4) 
A crime under section 854, excluding subsection 1, 
paragraph A, subparagraph (1); 
(5) 
A crime under chapter 12; or 
(6) 
A crime against a family or household member under 
chapter 9 or 13 or section 506-B, 554, 555 or 758. 
Deductions 
under 
this 
paragraph 
must 
be 
calculated 
as 
follows for partial calendar months: 
Days of partial month 
to 15 days 
to 31 days 
Maximum 
deduction 
available 
up to 1 
up to 2 
SUMMARY 
This bill expands the list of Class D and Class E offenses 
for which probation may be imposed to include: 
1. 
A Class D or Class E crime that was initially charged by 
the attorney for the State as a Class A, Class B or Class C crime; 
2. 
A Class D crime committed by a person who has a prior 
conviction for a Class A, Class B, Class C or Class D crime under 
the Maine Revised Statutes, Title l7-A; a prior conviction under 
the laws governing operating under the influence; or a prior 
conviction under the laws governing habitual offenders; 
3. 
A Class D crime for failure to control or report a 
dangerous fire; 
4. 
A Class D crime for possession of a schedule W drug; and 
5. 
A Class D crime for cruelty to animals. 
The bill also expands the list of Class A, Class B and Class 
C offenses for which the former statutory length of probation, 
which is 6 years for Class A crimes and 4 years for Class Band C 
crimes, may be imposed. 
The former statutory length of probation 
may be imposed if the State pleads and proves that a person was 
convicted of a Class A, Class B or Class C crime and has a prior 
conviction for a Class A, Class B, Class C or Class D crime under 
Title l7-A, a prior conviction under the laws governing operating 
under 
the 
influence 
or 
a 
prior 
conviction 
under 
the 
laws 
governing habitual offenders. 
The 
former statutory length of 
probation may be imposed if the State pleads and proves that a 
person was convicted of unlawful trafficking in a 
schedule W 
drug, 
aggravated 
trafficking 
of 
scheduled 
drugs 
or 
certain 
offenses involving possession of a schedule W drug. 
The bill also provides that a person sentenced to a term of 
imprisonment on or after October 1, 2005 may receive a reduction 
in that term of imprisonment of up to 3 days per calendar month 
for 
good behavior 
and 
up 
to 
days 
per calendar month for 
fulfillment 
of 
responsibilities 
assigned 
in 
the 
person's 
transition plan for work, education or rehabilitation programs.