An Act To Authorize the Resentencing of Certain Prisoners Who Have Served Consecutive Sentences of 20 or More Years
Maine Legislature, Session 124, LD 0325
Committee: Judiciary
Sponsors: TUTTLE, ROSEN, BOLAND, MAGNAN, O'BRIEN, PINGREE, SCHATZ, WEBSTER, GERZOFSKY
Amends: 17-A MRSA §1160

Legislative Document 
No. 325 
H.P.261 
House of Representatives, February 3,2009 
An Act To Authorize the Resentencing of Certain Prisoners Who 
Have Served Consecutive Sentences of 20 or More Years 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative TUTTLE of Sanford. 
Cosponsored by Senator ROSEN of Hancock and 
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'frI. 7Jl!IC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BOLAND of Sanford, MacDONALD of Boothbay, MAGNAN of Stockton 
Springs, O'BRIEN of Lincolnville; Speaker PINGREE of N011h Haven, SCHATZ of Blue Hill, 
WEBSTER of Freeport, Senator: GERZOFSKY of Cumberland. 
Printt!tll.n rt:cyLi:::u Flpcr 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 17-A MRSA §1160 is enacted to read: 
§1160. Petition for resentencing after serving 20 or more consecutive years in prison 
1. Notwithstanding any provision of law to the contrary, a person who has been 
convicted of and received a defInite or aggregate sentence for one or more crimes and 
who has been incarcerated under that sentence for a period of 20 or more consecutive 
years may petition the sentencing court for resentencing. 
2. The sentencing court may resentence the person described under subsection 1 if 
the court fInds that: 
A. There is a release plan for the person described under subsection 1; and 
B. The person described under subsection 1 has demonstrated rehabilitation and 
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possesses the ability to lead a positive and productive life. 
.. At any hearing held for the purpose of determining a petition for resentencing 
under this section, the sentencing court shall allow the person described under subsection 
to present testimony and witnesses concerning the petition for resentencing. The court 
shall provide notice of the hearing to interested parties and shall allow the participation of 
interested parties, including.but not limited to: 
A. The victim of a crime for which the person described under subsection 1 is 
incarcerated. For purposes of this paragraph, "victim" means the victim, the legal 
representative of the victim or a member of a deceased victim's immediate family; 
B. The person described under subsection 1 and members of that person's family; 
and 
C. 
Personnel from the correctional facility in which the person described under 
subsection 1 is incarcerated. 
4. After hearing and review of a petition under this section, the sentencing court 
may: 
A. Grant the petition and: 
(1) Suspend any portion of the sentence not yet served; 
(2) Sentence the person to a period of probation that may correspond to the 
amount of time by which the sentence is reduced; 
. 
(3) Sentence the person to a period of supervised release; or: .. 
(4) Impose any other conditions that the court deteimines appropriate; or 
B. Deny the petition. 
5. In granting or denying a petition fIled pursuant to this section, the court shall issue 
its [mdings upon which its decision is based. 
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6. If the sentencing court denies a petition for resentencing filed pursuant to this 
section, the person described under subsection 1 may petition the court for resentencing 
after one year has elapsed from the date of the court's denial. 
SUMMARY 
This bill authorizes a sentencing court to grant a petition for resentencing that is filed 
by a person who has served a tenn of imprisonment of 20 consecutive years or more.