An Act To Increase SplitSentencing Alternatives
Maine Legislature, Session 124, LD 0747
Committee: Criminal Justice and Public Safety
Sponsors: SCHATZ, CLEARY, SOCTOMAH

Legislative Document 
No. 747 
H.P.506 
House of Representatives, February 26,2009 
An Act To Increase SplitSentencing Alternatives 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative SCHATZ of Blue Hill. 
~~ 
/J1.77!0£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CLEARY of Houlton, SOCTOMAH of the Passamaquoddy 
Tribe. 
Printed on recycled pilpcr 
Be it enacted by the :People of the State of Maine as follows: 
Sec. 1. 17-A MRS A §1203, sub-§l-A, as amended by PL 2007, c. 344, §2, is 
further amended to. read: 
' .  
I-A. 
The CQurt may sentence a perSQn to. a term QfimprisQnment, nQt to. exceed the 
maximum term authQrized fQr the crime, an initial PQrtiQn Qf which must be served and 
the' remainder Qf which must· be suspended. Except as Qtherwise prQvided, the initial 
PQrtiQn Qf imprisQnment may nQt exceed 1/3 Qf the sentence impQsed. If the CQurt 
determines that impQsing Qnly 1/3 Qf the initial PQrtiQnQf imprisQnment frustrates the 
general purpQsesQf sentencing set fQrth in sectiQn 1151, the CQurt may impQse a greater 
sentence Qf imprisQnment but shall state in writing its reaSQns fQr its [mdings and . 
impQsitiQn Qf sentence. The periQd Qf prQbatiQn CQmmences Qn the date the perSQn is 
released frQm the initial unsuspended PQrtiQn .Qf the term Qf imprisQnment, unless the 
CQurt Qrders it to. CQmmence Qn an earlier date. 
A. 
If the periQd Qf prQbatiQn CQmmences UPQn release Qf the perSQn frQm the initial 
unsuspended PQrtiQn Qf the term of imprisQnment, the CQurt may revQke prQbatiQn fQr 
any criminal cQnduct cQmmitted during that initial periQd Qf imprisQnment. 
B. The CQurt may revQke prQbatiQn if, during the initial unsuspended PQrtiQn Qf the 
term Qf imprisQnment, a perSQn sentenced as a repeat sexual assault Qffender, 
pursuant to. sectiQn 1252, subsectiQn 4-B, refuses to. actively participate in a sex 
Qffender treatment prQgram in accQrdance with the expectatiQns and judgment Qf the 
treatment prQviders, when requested to. do. so. by the Department Qf CQrrectiQns. 
C. As to. bQth the suspended and ufisuspended PQrtiQns Qf the sentence, the place Qf 
imprisQnment must be as fQllQws. 
(1) F Qr a Class D Qr Class. E crime the CQurt must specify aCQunty j ail as the 
place Qf imprisQnment. 
(2) FQr a Class A, Class B Qr Class C crime the CQurt must: 
. 
(a) Specify a cQuntyjail as the place QfimprisQnment fQr any PQrtiQn Qfthe 
sentence that is 9 mQnths Qr less; and 
(b) CQmmit the perSQn to. the Department Qf CQrrectiQns fQr any PQrtiQn Qf 
-30 
the sentence that is mQre than 9 mQnths. 
D. If executiQn Qfthe sentence is stayed, the CQurt may revQke prQbatiQn fQr criminal 
cQnduct cQmmitted during the periQd Qf stay Qr fQr failure to. repQrt as Qrdered. 
SUMMARY 
This bill amends the sentencing alternative Qf split sentences. The bill specifies that 
the initial PQrtiQn QfimprisQnment may nQt exce~d 1/3 Qfthe sentence impQsed; hQwever, 
if the CQurt determines that impQsing Qnly 1/3 Qf the initial PQrtiQn Qf imprisQnment 
frustrates the general purpQses Qf sentencing set fQrth in the Maine Revised Statutes, Title 
7 -A, sectiQn 1151, the CQurt may impQse a greater sentence Qf imprisQnment but must 
state in writing its reaSQns for its findings and impQsition Qf sentence. 
Page I - 124LRlS65(Ol)-1 
) 
) 
)