An Act Regarding the Place of Imprisonment of Certain Prisoners
Maine Legislature, Session 128, LD 0217
Committee: Criminal Justice and Public Safety
Sponsors: BRAKEY, LIBBY, MASON, GOLDEN
Amends: 17-A MRSA §1203, 17-A MRSA §1206, 17-A MRSA §1252, 34-A MRSA §1210-D

Legislative Document
No. 217
S.P. 63
In Senate, January 24, 2017
An Act Regarding the Place of Imprisonment of Certain Prisoners
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.
Cosponsored by Senators: LIBBY of Androscoggin, MASON of Androscoggin, 
Representative: GOLDEN of Lewiston.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1203, sub-§1-A, ¶C, as enacted by PL 1999, c. 788, §4, is 
amended to read: 
C.  As to both the suspended and unsuspended portions of the sentence, the place of 
imprisonment must be as follows. 
(1)  For a Class D or Class E crime the court must specify a county jail as the 
place of imprisonment.  If the person is imprisoned at a county jail for longer 
than 9 months, the Commissioner of Corrections shall determine whether to 
transfer the prisoner to a correctional facility or to retain the person at the county 
jail.  If the person remains at the county jail beyond 9 months, the commissioner 
shall reimburse the county for the cost of imprisonment beyond 9 months as 
provided in Title 34-A, section 1210-D, subsection 6. 
(2)  For a Class A, Class B or Class C crime the court must: 
(a)  Specify a county jail as the place of imprisonment for any portion of the 
sentence that is 9 months or less; and 
(b)  Commit the person to the Department of Corrections for any portion of 
the sentence that is more than 9 months. 
If the person is imprisoned at a county jail for longer than 9 months, the 
Commissioner of Corrections shall determine whether to transfer the prisoner to a 
correctional facility or to retain the person at the county jail.  If the person 
remains at the county jail beyond 9 months, the commissioner shall reimburse the 
county for the cost of imprisonment beyond 9 months as provided in Title 34-A, 
section 1210-D, subsection 6. 
Sec. 2.  17-A MRSA §1206, sub-§9, as amended by PL 1999, c. 788, §6, is 
further amended to read: 
9.    Whenever a previously suspended sentence of imprisonment for a Class A, Class 
B or Class C crime is vacated, in whole or in part, as the result of a probation revocation, 
the court must respecify the place of imprisonment, which must be the place in which the 
person was imprisoned prior to release on probation, for both the portion required to be 
served and any remaining suspended portion, if necessary, to carry out the intent of 
section 1203, subsection 1-A. 
Sec. 3.  17-A MRSA §1252, sub-§1, ¶¶A and B, as enacted by PL 1989, c. 693, 
§5, are amended to read: 
A.    For a Class D or Class E crime the court must specify a county jail as the place 
of imprisonment.  If the person is imprisoned at a county jail for longer than 9 
months, the Commissioner of Corrections shall reimburse the county for the cost of 
imprisonment beyond 9 months as provided in Title 34-A, section 1210-D, subsection 
6. 
B.    For a Class A, Class B or Class C crime the court must: 
 (1)  Specify a county jail as the place of imprisonment if the term of 
imprisonment is 9 months or less; or 
 (2)  Commit the person to the Department of Corrections if the term of 
imprisonment is more than 9 months. 
If the person is imprisoned at a county jail for longer than 9 months, the 
Commissioner of Corrections shall determine whether to transfer the prisoner to a 
correctional facility or to retain the person at the county jail.  If the person remains at 
the county jail beyond 9 months, the commissioner shall reimburse the county for the 
cost of imprisonment beyond 9 months as provided in Title 34-A, section 1210-D, 
subsection 6. 
Sec. 4.  34-A MRSA §1210-D, sub-§6 is enacted to read: 
6.  Reimbursement to county jails.  Notwithstanding any provision of law to the 
contrary, the department shall reimburse the county jails from the fund on a per diem 
basis for prisoners imprisoned for longer than 9 months, as provided in Title 17-A, 
section 1203, subsection 1-A, paragraph C and Title 17-A, section 1252, subsection 1, 
paragraphs A and B. 
SUMMARY 
This bill requires that the Commissioner of Corrections determine whether to transfer 
to a correctional facility or retain at a county jail a person who is imprisoned at a county 
jail for longer than 9 months.  If the person is retained at the county jail, the bill requires 
the commissioner to reimburse the county jail on a per diem basis for the cost of 
imprisonment beyond 9 months.  The bill requires that when a previously suspended 
sentence of imprisonment for a Class A, Class B or Class C crime is vacated, in whole or 
in part, as the result of a probation revocation, the court must respecify as the place of 
imprisonment the place in which the person was imprisoned prior to release on probation.