An Act Regarding County Jail Sentences of Less than 24 Hours
Maine Legislature, Session 125, LD 0400
Committee: Criminal Justice and Public Safety
Sponsors: KATZ, RECTOR, KESCHL
Amends: 17-A MRSA §1253

Legislative Document 
No. 400 
S.P. 113 
In Senate, February 8, 2011 
An Act Regarding County Jail Sentences of Less than 24 Hours 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator KATZ of Kennebec. 
Cosponsored by Senator: RECTOR of Knox, Representative: KESCHL of Belgrade. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1253, sub-§1, as repealed and replaced by PL 1985, c. 821, 
§11, is amended to read: 
1.    The sentence of any person committed to the custody of the Department of 
Corrections shall commence commences to run on the date on which that person is 
received into the correctional facility designated as the initial place of confinement by the 
Commissioner of Corrections pursuant to section 1258 except as otherwise provided in 
this subsection.  That day is counted as the first full day of the sentence.  
The sentence of any person committed to the custody of a sheriff shall commence, other 
than a sentence for less than 24 hours, commences to run on the date on which that person 
is received into the county jail specified in the sentence. That day is counted as the first 
full day of the sentence if the term of imprisonment, or the initial unsuspended portion of 
a split sentence, is over 30 days; otherwise, credit is accorded only for the portion of that 
day for which the person is actually in execution of the sentence. 
The sentence of any person committed to the custody of the sheriff for less than 24 hours 
commences to run at the time of day at which the person is received into the county jail 
on the date specified in the sentence. 
Sec. 2.  17-A MRSA §1253, sub-§2, as amended by PL 2005, c. 507, §16, is 
further amended to read: 
2.    Each person sentenced to imprisonment who has previously been detained for the 
conduct for which the sentence is imposed in any state facility or county institution or 
facility or in any local lockup awaiting trial, during trial, post-trial awaiting sentencing or 
post-sentencing prior to the date on which the sentence commenced to run either to await 
transportation to the place of imprisonment specified, or pursuant to court order, and not 
in execution of any other sentence of confinement, is entitled to receive a day-for-day 
deduction from the total term of imprisonment required under that sentence, except when 
a person is sentenced to imprisonment for less than 24 hours, in which case the person is 
entitled to receive an hour-for-hour deduction from the total term of imprisonment 
required under that sentence.  Each person is entitled to receive the same deduction for 
any such period of detention in any federal, state or county institution, local lockup or 
similar facility in another jurisdiction, including any detention resulting from being a 
fugitive from justice, as defined by Title 15, section 201, subsection 4, unless the person 
has simultaneously been detained for non-Maine conduct.  A person who has been 
simultaneously detained for conduct for which the person is sentenced to a consecutive 
sentence is not entitled to receive a day-for-day deduction under this subsection from the 
consecutive sentence for the period of simultaneous detention except for any period of 
detention that is longer than the total term of imprisonment required under the prior 
sentence. 
For the purpose of calculating the day-for-day deduction specified by this subsection, a 
"day" means 24 hours. 
The total term required under the sentence of imprisonment is reduced by the total 
deduction of this subsection prior to applying any of the other deductions specified in this 
section or in Title 30-A, section 1606.  
The sheriff or other person upon whom the legal duty is imposed to deliver a sentenced 
person who has been detained as specified in this subsection shall, within 30 days of 
delivery, furnish to the custodian a statement showing the length of that detention.  In 
addition, the transporter shall furnish to the attorney for the State the same statement.  
The custodian shall use the statement furnished to determine the day-for-day deduction to 
which the person is entitled, if any, unless, within 15 days of its receipt, the attorney for 
the State furnishes a revised statement to the custodian. 
A.    For any person who commits a crime on or after August 1, 2004, 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 2 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 of the facility in which the person has previously been 
detained. 
Credits under this paragraph must be calculated as follows for partial calendar 
months: 
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. 
Sec. 3.  17-A MRSA §1253, sub-§15 is enacted to read: 
15.  The provisions of subsections 3, 3-B, 4, 5, 6, 7, 8, 9 and 10 do not apply to a 
sentence of less than 24 hours. 
SUMMARY 
The bill clarifies that a court may sentence a defendant to serve a term of 
imprisonment of less than 24 hours and sets the commencement of that sentence as the 
time of day that the defendant is received in the county jail. 
Days of partial month 
Maximum credit available 
to 15 days 
up to 1 
to 31 days 
up to 2