An Act To Implement the Recommendations of the Criminal Law Advisory Commission
Maine Legislature, Session 123, LD 1240
Committee Amendment CA_A_H479 (House)
Amends: 15 MRSA §103-A, 15 MRSA §2115

COMMITTEE AMENDMENT "A " 
to H.P. 882, L.D. 1240, Bill, "An Act To 
Implement the Recommendations of the Criminal Law Advisory Commission" 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 15 MRSA §103-A is enacted to read: 
§103-A. Commitment affected by certain sentences 
1. 
Interruption of commitment. 
When a person while in the custody of the 
Commissioner of Health and Human Services pursuant to a commitment order under 
section 103 is found by a court to be in violation of the person's conditional release for a 
Maine conviction, if any, and new institutional confinement is ordered, or a person 
commits a Maine crime for which the person is subsequently convicted and the sentence 
imposed includes a straight term of imprisonment or a split sentence, the person must be 
placed in execution of that punishment, and custody pursuant to the commitment order 
under section 103 must automatically be interrupted thereby. In the event execution of 
that punishment is stayed pending appeal, the commitment under section 103 continues 
for the stay's duration. The person must be returned to the custody of the Commissioner 
of Health and Human Services pursuant to the commitment order under section 103 when 
the new institutional confinement ordered or the straight term of imprisonment or the 
unsuspended portion of the split sentence imposed has been fully served.' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. 15 MRSA §2115, last ~, as repealed and replaced by PL 1965, c. 356, 
§63, is repealed.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~ " to H.P. 882, L.D. 1240 
SUMMARY 
This amendment strikes from the bill the language that directs that in the event a 
person who is found not criminally responsible by reason of insanity or is the recipient of 
a negotiated insanity plea as to a Maine crime is subject to an undischarged straight term 
of imprisonment or an un suspended portion of a split sentence for a different Maine 
crime, the person must serve the undischarged term of imprisonment or the un suspended 
portion of the split sentence before commencing the commitment to the Commissioner of 
Health and Human Services ordered by the court pursuant to the Maine Revised Statutes, 
Title 15, section 103. Once having fully served the term of imprisonment or un suspended 
portion of a split sentence, the person would have had to commence the commitment 
I I 
ordered notwithstanding being on conditional release. 
The amendment also strikes from the bill the language that directs that, while a 
person is imprisoned in execution of the punishment described in Title 15, section 103-A, 
the county jailor state facility in which the person is incarcerated must provide the 
necessary mental health treatment required under law, including, when appropriate, 
seeking involuntary psychiatric hospitalization. 
The amendment repeals the last paragraph of Title 15, section 2115 because its 
substance, with modification, is best addressed in Title 4, section 51 since it relates to the 
concurrence required by the Law Court. 
FISCAL :\-OTE REQURED 
(See attac~ed) 
COMMITTEE AMENDMENT 
Approved: 06/07/07 frac:.. 
LD 1240 
LR 1480(02) 
An Act To Implement the Recommendations of the Criminal Law Advisory Commission 
Fiscal Note for Bill as Amended by Committee Amendment" R-" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
County jail savings 
Correctional and Judicial Impact Statements 
The bill elevates the crime oftheft by extortion from a Class C crime to a Class B crime. Based on the present 
average length of stay for a Class C and Class B sentence, the average length of stay of each sentence is projected to 
increase by 14 months at an increased cost to the Department of Corrections of $44,476 for each sentence. It also 
increases criminal penalties for fraud in home repairs by elevating certain Class D crimes to Class C crimes and Class 
C crimes to Class B crimes. This will increase the state prisoner population and lengths of stay, resulting in increased 
costs to the Department of Corrections. It will also shift prisoner population from county jail sentences to the state 
correctional system. The county jail system is projected to save an estimated $6,795 for each inmate shifted to the 
state correctional system. 
LR1480(02) - Fiscal Note - Page 1 of 1