An Act Regarding the Period of Time for Which an Incarcerated Person Is Eligible To Earn Good Time
Maine Legislature, Session 124, LD 0284
Committee: Criminal Justice and Public Safety
Sponsors: SCHATZ, DAMON
Amends: 17-A MRSA §1253

Legislative Document 
No. 284 
H.P.224 
House of Representatives, February 2,2009 
An Act Regarding the Period of Time for Which an Incarcerated 
Person Is Eligible To Earn Good Time 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative SCHATZ of Blue I-Iill. 
Cosponsored by Senator: DAMON of Hancock. 
Primed tIll reL.:ydeu paper 
J7/~d; /h. 71l!i£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1253, sub-§2, ~ 
is enacted to read: 
B. For any person who commits a crime on or after October 1, 2009, is subsequently 
sentenced to a term of imprisonment for that crime and is entitled to receive a day-
for-day deduction pursuant to this subsection, up to 4 additional days per calendar 
month may be credited to that deduction if the person's conduct during that period of 
detention was such that the credit is determined to be warranted in the discretion of 
the chief administrative officer ofthe facility in which the person has previously been 
detained. Credits under this paragraph must be calculated as follows for partial 
calendar months: 
Days of partial month 
to 7 days 
to 15 days 
to 23 days 
to 31 days 
Maximum good time credit available 
up to 1 
up to 2 
up to 3 
up to 4 
The sheriff or other person required to furnish a statement showing the length of 
detention shall also furnish a statement showing the number of days credited pursuant 
to this paragraph. 
Detention awaiting trial, during trial, post-trial awaiting sentencing or post-sentencing 
prior to the date on which a sentence commences to run is not punishment. 
This paragraph supersedes paragraph A for persons who commit offenses on or after 
October 1, 2009. 
Sec. 2. 
17-A MRSA §1253, sub-§6, as enacted by PL 1983, c. 456, §8, IS 
amended to read: 
6. 
Any portion of the time deducted from the sentence of any person pursuant to 
subsection 3 ef~ 3-B or 11-A may be withdrawn by the supervising officer of the 
institution for the infraction of any rule of the institution, for any misconduct or for the 
violation of any law of the State. The withdrawal of deductions may be made at the 
discretion of the institution head, in accordance with policies and guidelines established 
by the Department of Corrections, who may restore any portion thereof if the person's 
later conduct and outstanding effort warrant that restoration. 
Sec. 3. 17-A MRS A §1253, sub-§6-A, as amended by PL 2003, c. 711, Pt. A, 
§ 16, is further amended to read: 
6-A. 
When a judgment of conviction involving a term of imprisonment is vacated 
or a sentence involving a term of imprisonment is revised or reviewed and a new sentence 
involving a term of imprisonment is thereafter imposed upon the person for the same 
offense, day-for-day credit must be accorded on the new sentence both for each day the 
person served in execution of the initial sentence and for all previously earned deductions 
specified in subsections 4, 5, 8, 9 and 10 and Title 30-A, section 1606. Prior to the day-
for-day credit being given on the new sentence, the new sentence must, after first having 
Page I - 124LR0235(OI)-1 
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been reduced by any deductions specified in subsection 2 previously or subsequently 
received, have applied to it the controlling deduction specified in either subsection 3 eF.1 
3-B or II-A, if applicable. 
Sec. 4. 17-A MRSA §1253, sub-§7, as amended by PL 2003, c. 711, Pt. A, §17, 
is further amended to read: 
7. 
Notwithstanding the fact that subsections 3, 3-B iHld.1 4, 11-A and 11-B directly 
address only persons who are committed to the custody of the Department of Corrections, 
they apply also to persons who are committed to the custody of a sheriff. Subsection 5 
and subsection 10, paragraph B do not apply to persons who are committed to the custody 
of a sheriff. 
Sec. 5. 17-A MRS A §1253, sub-§l1-A is enacted to read: 
ll-A. For a person who commits a crime on or after October 1, 2009 and is 
subsequently sentenced to a term of imprisonment for that crime, subsections 3 and 3-B 
~ 
Sec. 6. 17-A MRS A §1253, sub-§l1-B is enacted to read: 
ll-B. For a person who commits a crime on or after October l, 2009 and is 
subsequently sentenced to a term of imprisonment for that crime, subsections 4 and 5 
apply, as limited by subsection 7. 
Sec. 7. 17-A MRSA §1253, sub-§13, as enacted by PL 2003, c. 711, Pt. A, §18, 
is amended to read: 
13. 
If a court imposes a sentencing alternative pursuant to section 1152 that 
includes a term of imprisonment, in setting the appropriate length of that term, as well as 
an unsuspended portion of that term, if any, the court may not consider the potential 
impact of deductions under subsections 2, 3, 3-B, 4, 5, 8, 9 iHld.1 10, 11-A and 11-B 
except in the context of a plea agreement in which both parties are recommending to the 
court a particular disposition under the Maine Rules of Criminal Procedure, Rule II-A. 
Sec. 8. 17-A MRSA §1253, sub-§14, as enacted by PL 2007, c. 102, §5, is 
amended to read: 
14. The Commissioner of Corrections or the sheriff of the county jail may establish 
policy and guidelines for crediting hours of participation in work in excess of 8 hours in a 
day toward another day for the purpose of calculating deductions from a sentence under 
subsections 4,5,8 iHld.1 10, 11-A and 11-B. 
Sec. 9. 17-A MRSA §1253, sub-§15 is enacted to read: 
15. Subsections 11-A and 11-B supersede subsections 8, 9 and 10 for persons who 
commit offenses on or after October l, 2009. 
SUMMARY 
This bill increases the amount of good time that may be deducted from a person's 
sentence for a crime committed on or after October 1, 2009. The bill applies deductions 
enacted by Public Law 1983, chapter 456 to persons who commit crimes on or after 
October 1, 2009. The bill makes no distinction as to the type of crime the person 
committed. The bill also includes a deduction of good time for a person's good conduct 
during detention, which was first enacted by Public Law 2003, chapter 711, but the bill 
doubles the maximum prior amount from 2 days to 4. 
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