An Act To Clarify the Laws Regarding the Calculation of the Period of Imprisonment
Maine Legislature, Session 126, LD 0277
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, DUTREMBLE, HASKELL, DION, LONG, PLANTE, PRIEST
Amends: 17-A MRSA §1253

Legislative Document 
No. 277 
S.P. 110 
In Senate, February 7, 2013 
An Act To Clarify the Laws Regarding the Calculation of the Period 
of Imprisonment 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GERZOFSKY of Cumberland. 
Cosponsored by Senators: DUTREMBLE of York, HASKELL of Cumberland, 
Representatives: DION of Portland, LONG of Sherman, PLANTE of Berwick, PRIEST of 
Brunswick. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1253, sub-§2, as amended by PL 2011, c. 464, §21, 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.  For 
purposes of this subsection, "conduct for which the sentence is imposed" includes all 
conduct underlying all charges in the case docket number under which the sentence is 
imposed regardless of whether the charge is part of the ultimate disposition.  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 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, except that for a person who commits a crime on or after October 
15, 2011, who has previously been detained for the conduct for which the person is 
sentenced to a term of imprisonment of 96 hours or less, for the purposes of calculating 
the day-for-day deduction specified in this subsection, any portion of a day detained short 
of 24 hours will also be deducted from the total term of imprisonment required under that 
sentence. 
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. 
SUMMARY 
This bill requires that, for purposes of credit for time served for a criminal defendant, 
all time served by the defendant for conduct under a particular case docket number is 
credited regardless of what the defendant may be charged with initially or of what 
charges the defendant is ultimately convicted. 
Days of partial month 
Maximum credit available 
to 15 days 
up to 1 
to 31 days 
up to 2