An Act To Recodify and Revise Certain Portions of the Maine Criminal Code
Maine Legislature, Session 128, LD 0374
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §2, 17-A MRSA §201, 17-A MRSA §207, 17-A MRSA §253, 17-A MRSA §253-A, 17-A MRSA §282, 17-A MRSA §1125, 17-A MRSA §1126, 29-A MRSA §2412-A

Legislative Document
No. 374
H.P. 280
House of Representatives, February 2, 2017
An Act To Recodify and Revise Certain Portions of the Maine 
Criminal Code
Reported by Representative WARREN of Hallowell for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  17-A MRSA Pt. 3, as amended, is repealed. 
Sec. A-2.  17-A MRSA Pt. 6 is enacted to read: 
PART 6 
PUNISHMENTS 
CHAPTER 61 
GENERAL SENTENCING PROVISIONS 
§1501.  Purposes 
The general purposes of the provisions of this Part are to: 
1.  Prevent crime.  Prevent crime through the deterrent effect of sentences, the 
rehabilitation of persons and the restraint of individuals when required in the interest of 
public safety; 
2.  Encourage restitution.  Encourage restitution in all cases in which the victim can 
be compensated and other purposes of sentencing can be appropriately served; 
3.  Minimize correctional experiences.  Minimize correctional experiences that 
serve to promote further criminality; 
4.  Provide notice of nature of sentences that may be imposed.  Give fair warning 
of the nature of the sentences that may be imposed on the conviction of a crime; 
5.  Eliminate inequalities in sentences.  Eliminate inequalities in sentences that are 
unrelated to legitimate criminological goals; 
6.  Encourage just individualization of sentences.  Encourage differentiation 
among persons with a view to a just individualization of sentences; 
7.  Elicit cooperation of individuals through correctional programs.  Promote the 
development of correctional programs that elicit the cooperation of convicted individuals; 
and 
8.  Permit sentences based on factors of crime committed.  Permit sentences that 
do not diminish the gravity of offenses, with reference to the factors, among others, of: 
A.  The age of the victim, particularly of a victim of an advanced age or of a young 
age who has a reduced ability to self-protect or who suffers more significant harm 
due to age; and 
B.  The selection by the person of the victim or of the property that was damaged or 
otherwise affected by the crime because of the race, color, religion, sex, ancestry, 
national origin, physical or mental disability, sexual orientation or homelessness of 
the victim or of the owner or occupant of that property. 
§1502.  Authorized sentences 
1.  Sentences imposed on individuals and organizations.  Every person convicted 
of a crime must be sentenced in accordance with the provisions of this Part. 
2.  Sentencing alternatives for individuals.  The court shall sentence an individual 
convicted of a crime to at least one of the following sentencing alternatives: 
A.  Unconditional discharge as authorized by chapter 73; 
B.  A split sentence of imprisonment with probation as authorized by chapter 67, 
subchapter 1; 
C.  A fine, suspended in whole or in part, with, at the court's discretion, probation as 
authorized by chapter 67, subchapter 1; 
D.  A suspended term of imprisonment with probation as authorized by chapter 67, 
subchapter 1; 
E.  A term of imprisonment as authorized by chapter 63; 
F.  A fine as authorized by chapter 65, subchapter 1, which may be imposed in 
addition to the sentencing alternatives in paragraphs B, D, E, G, H, J, K and L; 
G.  A county jail reimbursement fee as authorized by chapter 65, subchapter 2; 
H.  A specified number of hours of community service work as authorized by chapter 
71; 
I.  A fine, suspended in whole or in part, with, at the court's discretion, administrative 
release as authorized by chapter 67, subchapter 2; 
J.  A suspended term of imprisonment with administrative release as authorized by 
chapter 67, subchapter 2; 
K.  A split sentence of imprisonment with administrative release as authorized by 
chapter 67, subchapter 2; or 
L.  A term of imprisonment followed by a period of supervised release as authorized 
by chapter 67, subchapter 3. 
3.  Deferred disposition.  The court may accept a plea agreement between the 
attorney for the State and the defendant that provides for an agreed-upon authorized 
sentencing alternative the imposition of which is deferred in accordance with chapter 67, 
subchapter 4. 
4.  Restitution by individuals.  The court may require an individual convicted of a 
crime to make restitution as authorized by chapter 69.  Subject to the limitations of 
chapter 69, restitution may be imposed as a condition of probation or may be imposed in 
addition to any other sentencing alternative included within subsection 2 with the 
exception of an unconditional discharge. 
5.  Consideration of sentencing alternative involving fine for individuals.  Except 
when specifically precluded, in choosing the appropriate punishment for an individual 
convicted of a crime, the court shall consider imposing a sentencing alternative involving 
a fine either in conjunction with or in lieu of imposing a sentencing alternative involving 
imprisonment. 
6.  Consideration of substance use disorder treatment for individuals convicted 
of Class D drug offense.  In choosing the appropriate punishment for an individual 
convicted of a Class D drug offense, the court shall consider imposing a sentencing 
alternative that includes medical and mental health treatment for substance use disorder, 
when appropriate. 
7.  Sentencing alternatives for organizations.  The court shall sentence an 
organization convicted of a crime to at least one of the following sentencing alternatives: 
A.  Unconditional discharge as authorized by chapter 73; 
B.  A fine, suspended in whole or in part, with probation as authorized by chapter 67, 
subchapter 1; 
C.  A fine as authorized by chapter 65, subchapter 1; 
D.  A sanction authorized by section 1503, which may be imposed in addition to the 
sentencing alternatives in paragraphs B, C and E; or 
E.  A fine, suspended in whole or in part, with administrative release as authorized by 
chapter 67, subchapter 2. 
8.  Restitution by organizations.  The court may require an organization convicted 
of a crime to make restitution as authorized by chapter 69.  Subject to the limitations of 
chapter 69, restitution may be imposed as a condition of probation or may be imposed in 
addition to any other sentencing alternative included within subsection 7, with the 
exception of an unconditional discharge. 
9.  Other authority of court, Department of Corrections and jails.  The provisions 
of this chapter do not deprive the court of any authority conferred by law to decree a 
forfeiture of property, suspend or cancel a license, remove a person from office or impose 
any other civil penalty.  An appropriate order exercising such authority may be included 
as part of the judgment of conviction.  The provisions of this chapter do not affect the 
authority of the Department of Corrections or a county jail granted by statute or the 
authority to transfer individuals from one facility to another by agreement. 
§1503.  Sanctions for organizations 
1.  Notice to those interested in or affected by conviction.  If an organization is 
convicted of a crime, the court may, in addition to or in lieu of imposing other authorized 
penalties, sentence the organization to give appropriate publicity to the conviction by 
notice to the class or classes of persons or sector of the public interested in or affected by 
the conviction, by advertising in designated areas or by designated media or otherwise as 
the court may direct.  Failure of the organization to provide the notice required by the 
court may be punishable as contempt of court. 
2.  Disqualification from holding office.  If a director, trustee or managerial agent of 
an organization is convicted of a Class A or Class B crime committed on behalf of the 
organization, the court may include in the sentence an order disqualifying that individual 
from holding office in the same or another organization for a period not exceeding 5 
years, if the court finds that the scope or nature of that individual's illegal actions makes it 
dangerous or inadvisable for such office to be entrusted to that individual. 
3.  Deferred disposition.  The court may accept a plea agreement between the 
attorney for the State and the defendant that provides for an agreed-upon authorized 
sentencing alternative the imposition of which is deferred in accordance with chapter 67, 
subchapter 4. 
4.  Supplementary proceedings for damages.  Prior to the imposition of sentence, 
the court may direct the Attorney General, a district attorney or any other attorney 
specially designated by the court to institute supplementary proceedings in the case in 
which the organization was convicted of the crime to determine, collect and distribute 
damages to persons in the class that the statute was designed to protect who suffered 
injuries by reason of the crime, if the court finds that the multiplicity of small claims or 
other circumstances make restitution by individual suit impractical.  Such supplementary 
proceedings must be pursuant to rules adopted by the Supreme Judicial Court for this 
purpose.  The court in which proceedings authorized by this subsection are commenced 
may order the State to make available to the attorney appointed to institute such 
proceedings all documents and investigative reports as are in the State's possession or 
control and grand jury minutes as are relevant to the proceedings. 
§1504.  Forfeiture of firearms 
1.  Mandatory forfeiture.  As part of every sentence imposed, except as provided in 
subsection 2, a court shall order that a firearm must be forfeited to the State if: 
A.  That firearm constitutes the basis for conviction under: 
(1)  Title 15, section 393; 
(2)  Section 1105-A, subsection 1, paragraph C-1; 
(3)  Section 1105-B, subsection 1, paragraph C; 
(4)  Section 1105-C, subsection 1, paragraph C-1;  
(5)  Section 1105-D, subsection 1, paragraph B-1; 
(6)  Section 1105-E, subsection 1, paragraph B; or 
(7)  Section 1118-A, subsection 1, paragraph B; 
B.  The State pleads and proves that the firearm is used by the person or an 
accomplice during the commission of any murder or Class A, Class B or Class C 
crime or any Class D crime defined in chapter 9, 11 or 13; or 
C.  The person, with the approval of the State, consents to the forfeiture of the 
firearm. 
2.  Prohibited forfeiture.  Except as provided in subsection 3, a court may not order 
the forfeiture of a firearm otherwise qualifying for forfeiture under subsection 1 if, prior 
to the imposition of the person's sentence: 
A.  For a crime other than murder or any other unlawful homicide crime, another 
person satisfies the court by a preponderance of the evidence that the other person, at 
the time of the commission of the crime, had a right to possess the firearm to the 
exclusion of the convicted person; or 
B.  For the crime of murder or any other unlawful homicide crime, another person 
satisfies the court by a preponderance of the evidence that the other person, at the 
time of the commission of the crime, was the rightful owner from whom the firearm 
had been stolen and the other person was not a principal or accomplice in the 
commission of the crime. 
3.  Exceptions to prohibited forfeiture.  Notwithstanding subsection 2, paragraph 
A, the court shall order the forfeiture of a firearm even if another person meets the 
requirements of subsection 2, paragraph A if the person being sentenced was convicted of 
possessing a firearm in violation of Title 15, section 393 and, prior to the imposition of 
the person's sentence, the State satisfies the court by a preponderance of the evidence that 
the other person: 
A.  Knew or should have known that the convicted person was prohibited from 
owning, possessing or controlling a firearm under Title 15, section 393; and  
B.  Intentionally, knowingly or recklessly allowed the convicted person to possess or 
have under the convicted person's control the firearm. 
4.  Disposition of forfeited firearms.  The Attorney General shall adopt rules 
governing the disposition to state, county and municipal agencies of firearms forfeited 
under this section.  A firearm used during a murder or other unlawful homicide crime that 
does not meet the prohibition from forfeiture under subsection 2, paragraph B must be 
destroyed by the State. 
CHAPTER 63 
SENTENCES OF IMPRISONMENT 
§1601.  Definite term of imprisonment required 
In imposing a sentencing alternative pursuant to section 1502 that includes a term of 
imprisonment, the court shall set a definite term of imprisonment. 
§1602.  Sentencing procedure 
1.  Class A, Class B or Class C crimes.  In imposing a sentencing alternative 
pursuant to section 1502 that includes a term of imprisonment for a Class A, Class B or 
Class C crime, in setting the appropriate length of that term as well as any unsuspended 
portion of that term accompanied by a period of probation or administrative release, the 
court shall employ the following 3-step process. 
A.  First, the court shall determine a basic term of imprisonment by considering the 
particular nature and seriousness of the offense as committed by the individual. 
B.  Second, the court shall determine the maximum period of imprisonment to be 
imposed by considering all other relevant sentencing factors, both aggravating and 
mitigating, appropriate to the case.  Relevant sentencing factors include, but are not 
limited to, the character of the individual, the individual's criminal history, the effect 
of the offense on the victim and the protection of the public interest. 
C.  Third, the court shall determine what portion, if any, of the maximum period of 
imprisonment under paragraph B should be suspended and, if a suspension order is to 
be entered, determine the appropriate period of probation or administrative release to 
accompany that suspension. 
2.  Crime of murder.  In imposing a sentence pursuant to section 1603 for the crime 
of murder, the court shall employ only the first 2 steps of the sentencing process as 
specified in subsection 1, paragraphs A and B. 
3.  Imposition of supervised release after imprisonment for violation of gross 
sexual assault.  When the court imposes a period of supervised release after 
imprisonment for a violation of section 253, subsection 1, paragraph C as required by 
section 1881, subsection 1 or chooses to impose a period of supervised release after 
imprisonment for any other violation of section 253, as authorized by section 1881, 
subsection 2, the court, after employing the first 2 steps of the sentencing process as 
specified in subsection 1, paragraphs A and B, shall determine the appropriate period of 
supervised release to follow the maximum period of imprisonment. 
§1603.  Imprisonment for crime of murder 
1.  Sentence.  An individual convicted of the crime of murder must be sentenced to 
imprisonment for life or for any term not less than 25 years, no portion of which may be 
suspended.  The court shall state in the sentence the length of the sentence to be served 
and shall commit the individual to the Department of Corrections. 
2.  Factors of age and pregnancy of victim.  In setting a term of imprisonment 
pursuant to subsection 1, if the victim is a child who had not in fact attained 6 years of 
age at the time the crime was committed or if the victim is a woman who the convicted 
individual knew or had reasonable cause to believe to be in fact pregnant at the time the 
crime was committed, the court shall assign special weight to this fact in determining the 
basic sentence in the first step of the sentencing process specified in section 1602, 
subsection 1, paragraph A.  The court shall assign special weight to any subjective victim 
impact in determining the final sentence in the 2nd and final step in the sentencing 
process specified in section 1602, subsection 1, paragraph B and section 1602, subsection 
2.  This subsection may not be construed to restrict a court in setting the length of a term 
of imprisonment from considering the age of the victim in other circumstances when 
relevant. 
§1604.  Imprisonment for crimes other than murder 
1.  Maximum terms of imprisonment dependent on crime class.  Unless a 
different maximum term of imprisonment is specified by statute, the maximum term of 
imprisonment is as follows: 
A.  In the case of a Class A crime, 30 years; 
B.  In the case of a Class B crime, 10 years; 
C.  In the case of a Class C crime, 5 years; 
D.  In the case of a Class D crime, one year; or 
E.  In the case of a Class E crime, 6 months. 
2.  Exceptions to maximum term of imprisonment based on crime class.  
Notwithstanding subsection 1: 
A.  In the case of the Class A crime of aggravated attempted murder, the court shall 
set a term of imprisonment under section 152-A, subsection 2 of life or a definite 
period of any term of years; 
B.  If the State pleads and proves that the defendant is a repeat sexual assault 
offender, the court may set a definite period of imprisonment under section 253-A, 
subsection 1 for any term of years; and 
C.  In the case of the Class A crime of gross sexual assault against an individual who 
had not yet attained 12 years of age, the court shall set a definite term of 
imprisonment under section 253-A, subsection 2 for any term of years. 
3.  Mandatory minimum term of imprisonment for crime with use of firearm 
against an individual.  If the State pleads and proves that a Class A, B or C crime was 
committed with the use of a firearm against an individual, the minimum sentence of 
imprisonment, which may not be suspended, is as follows: 
A.  In the case of a Class A crime,  4 years; 
B.  In the case of a Class B crime,  2 years; and 
C.  In the case of a Class C crime, one year. 
For purposes of this subsection, the applicable sentencing class is determined in 
accordance with subsection 5, paragraph A. 
This subsection does not apply if the State pleads and proves criminal threatening or 
attempted criminal threatening, as defined in section 209, or terrorizing or attempted 
terrorizing, as defined in section 210, subsection 1, paragraph A. 
4.  Mandatory minimum sentence of imprisonment for certain drug crimes.  For 
an individual convicted of violating section 1105-A, 1105-B, 1105-C, 1105-D or 1118-A, 
except as otherwise provided in section 1125, subsections 2 and 3, the court shall impose 
a minimum sentence of imprisonment, which may not be suspended, as provided in 
section 1125, subsection 1. 
5.  Circumstances elevating class of crime.  The following circumstances elevate 
the class of a crime. 
A.  If the State pleads and proves that a Class B, C, D or E crime was committed with 
the use of a dangerous weapon, then the sentencing class for such crime is one class 
higher than it would otherwise be. In the case of a Class A crime committed with the 
use of a dangerous weapon, such use must be assigned special weight by the court in 
exercising its sentencing discretion. This paragraph does not apply to a violation or 
an attempted violation of section 208, to any other offenses to which use of a 
dangerous weapon serves as an element or to any offense for which the sentencing 
class is otherwise elevated because the actor or an accomplice to that actor's or 
accomplice's knowledge was armed with a firearm or other dangerous weapon. 
B.  If the State pleads and proves that, at the time any crime, excluding murder, under 
chapter 9, 11, 13 or 27; section 402-A, subsection 1, paragraph A; or section 752-A 
or 752-C was committed, or an attempt of any such crime was committed, the 
individual had 2 or more prior convictions under chapter 9, 11, 13 or 27; section 
402-A, subsection 1, paragraph A; or section 752-A or 752-C, or for an attempt of 
any such crime, or for engaging in substantially similar conduct in another 
jurisdiction, the sentencing class for the crime is one class higher than it would 
otherwise be. 
(1)  In the case of a Class A crime, the sentencing class is not elevated, but the 
prior record must be assigned special weight by the court when imposing a 
sentence. 
(2)  Section 9-A governs the use of prior convictions when determining a 
sentence, except that, for the purposes of this paragraph, for violations under 
chapter 11, the dates of prior convictions may have occurred at any time. 
This paragraph does not apply to section 210-A if the prior convictions have already 
served to elevate the sentencing class under section 210-A, subsection 1, paragraph C 
or E or any other offense in which prior convictions have already served to elevate 
the sentencing class. 
C.  The sentencing class for a crime that is pled and proved and is subject to elevation 
pursuant to both paragraphs A and B may be elevated successively pursuant to both 
of those paragraphs if the crime that is pled and proved contains different class 
elevation factors. 
6.  Special weight required for certain aggravating sentencing factors pleaded 
and proved.  In exercising its sentencing discretion, a court shall assign special weight to 
the following aggravating sentencing factors pleaded and proved by the State: 
A.  In the case of Class A gross sexual assault, the aggravating sentencing factor 
specified in section 253-A, subsection 3, paragraph A; 
B.  In the case of gross sexual assault in violation of section 253, subsection 1 or 
section 253, subsection 2, the aggravating sentencing factor specified in section 
253-A, subsection 3, paragraph B; and  
C.  In the case of sexual exploitation of a minor, the aggravating sentencing factor 
specified in section 282, subsection 3. 
7.  Special weight required for certain aggravating sentencing factors found 
present by court.  In exercising its sentencing discretion, the court shall assign special 
weight to the following aggravating sentencing factors if found by the court. 
A.  In imposing a sentencing alternative involving a term of imprisonment for an 
individual convicted of aggravated attempted murder, attempted murder, 
manslaughter, elevated aggravated assault or aggravated assault of a child who had 
not in fact attained 6 years of age at the time the crime was committed, the court shall 
assign special weight to this objective fact in determining the basic term of 
imprisonment as the first step in the sentencing process specified in section 1602, 
subsection 1, paragraph A.  The court shall assign special weight to any subjective 
victim impact in determining the maximum period of incarceration in the 2nd step in 
the sentencing process specified in section 1602, subsection 1, paragraph B.  The 
court may not suspend that portion of the maximum term of imprisonment based on 
objective or subjective victim impact in arriving at the final sentence as the 3rd and 
final step in the sentencing process specified in section 1602, subsection 1, paragraph 
C.  This paragraph may not be construed to restrict a court in setting a sentence from 
considering the age of the victim in other circumstances when relevant. 
B.  In imposing a sentencing alternative involving a term of imprisonment for an 
individual convicted of aggravated attempted murder, attempted murder, 
manslaughter, elevated aggravated assault or aggravated assault of a woman who the 
convicted individual knew or had reasonable cause to believe to be in fact pregnant at 
the time the crime was committed, the court shall assign special weight to this fact in 
determining the basic term of imprisonment as the first step in the sentencing process 
specified in section 1602, subsection 1, paragraph A.  The court shall assign special 
weight to any subjective victim impact in determining the maximum period of 
incarceration in the 2nd step in the sentencing process specified in section 1602, 
subsection 1, paragraph B.  The court may not suspend that portion of the maximum 
term of imprisonment based on objective or subjective victim impact in arriving at 
the final sentence as the 3rd and final step in the sentencing process specified in 
section 1602, subsection 1, paragraph C.  This paragraph may not be construed to 
restrict a court in setting a sentence from considering the fact that the victim was 
pregnant in other circumstances when relevant. 
C.  In imposing a sentencing alternative involving a term of imprisonment for an 
individual convicted of a Class C or higher crime, the victim of which was at the time 
of the commission of the crime in fact being stalked by that individual, the court shall 
assign special weight to this objective fact in determining the basic sentence in the 
first step of the sentencing process specified in section 1602, subsection 1, paragraph 
A.  The court shall assign special weight to any subjective victim impact caused by 
the stalking in determining the maximum period of incarceration in the 2nd step in 
the sentencing process specified in section 1602, subsection 1, paragraph B. 
§1605.  Suspension of all or part of the term of imprisonment imposed 
Unless the law that the individual is convicted of violating expressly provides that an 
authorized term of imprisonment may not be suspended, if the individual is eligible for 
probation as authorized by chapter 67, subchapter 1 or administrative release as 
authorized by chapter 67, subchapter 2, a sentencing court may suspend the authorized 
term of imprisonment in whole or in part and accompany the suspension with a period of 
probation, which may not exceed the maximum period of probation authorized for the 
crime pursuant to section 1804, or a period of administrative release, which may not 
exceed one year. 
§1606.  General inapplicability of deductions under chapter 81 in setting the term of 
imprisonment 
If a court imposes a sentencing alternative pursuant to section 1502 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 chapter 81 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 
Unified Criminal Procedure, Rule 11-A. 
§1607.  Prohibition against imprisonment based on incapacity to pay fine 
If a court finds that an individual has met the burden of proving incapacity to pay a 
fine pursuant to section 1702, subsection 2, the court may not impose a term of 
imprisonment or any other sentencing alternative involving imprisonment solely for the 
reason that the individual does not have the present or future capacity to pay the fine. 
§1608.  Multiple sentences of imprisonment 
1.  Court to state whether sentence is served concurrently or consecutively; 
consecutive sentence contingent upon certain factors.  The court shall state in the 
sentence of imprisonment whether a sentence must be served concurrently with or 
consecutively to any other sentence previously imposed or to another sentence imposed 
on the same date. The sentences must be concurrent except that the court may impose the 
sentences consecutively after considering the following factors: 
A.  The convictions are for offenses based on different conduct or arising from 
different criminal episodes; 
B.  The individual was under a previously imposed suspended or unsuspended 
sentence and was on probation or administrative release, under incarceration or on a 
release program or period of supervised release at the time the individual committed a 
subsequent offense; 
C.  The individual had been released on bail when that individual committed a 
subsequent offense, either pending trial of a previously committed offense or pending 
the appeal of previous conviction; or 
D.  The seriousness of the criminal conduct involved in either a single criminal 
episode or in multiple criminal episodes or the seriousness of the criminal record of 
the individual, or both, require a sentence of imprisonment in excess of the maximum 
available for the most serious offense. 
2.  Limitations on imposition of consecutive terms for crimes in same criminal 
episode.  An individual may not be sentenced to consecutive terms for crimes arising out 
of the same criminal episode if: 
A.  One crime is an included crime of the other; 
B.  One crime consists only of a conspiracy, attempt, solicitation or other form of 
preparation to commit, or facilitation of, the other; 
C.  The crimes differ only in that one is defined to prohibit a designated kind of 
conduct generally and the other to prohibit a specific instance of that conduct; or 
D.  Inconsistent findings of fact are required to establish the commission of the 
crimes. 
3.  Reason for consecutive sentences must be stated.  If the court decides to impose 
consecutive sentences, the court shall state its reasons for doing so on the record or in the 
sentences. 
4.  When new sentence is to be served consecutively for individual on probation 
or administrative release.  If an individual has been placed on probation or 
administrative release pursuant to a previously imposed sentence and the court 
determines that the previously imposed sentence and a new sentence must be served 
consecutively, the court shall revoke probation or administrative release pursuant to 
section 1812, subsections 5 and 6.  The court may order that the sentence that had been 
suspended be served at the same institution as that which is specified by the new 
sentence. 
5.  Mandatory resentencing following discovery of previously imposed sentence.  
If it is discovered subsequent to the imposition of a sentence of imprisonment that the 
sentencing court was unaware of a previously imposed sentence of imprisonment that is 
not fully discharged, the court shall resentence the individual and shall specify whether 
the sentences are to be served concurrently or consecutively. 
6.  Special requirements for individual previously sentenced in another 
jurisdiction.  If an individual who has been previously sentenced in another jurisdiction 
has not commenced or completed that sentence, the court may, with consideration of the 
factors stated in subsection 1, sentence the individual to a term of imprisonment that must 
be treated as a concurrent sentence from the date of sentencing although the individual is 
incarcerated in an institution of the other jurisdiction.  A concurrent sentence pursuant to 
this subsection may not be imposed unless the individual being sentenced consents or 
unless the individual being sentenced executes, at the time of sentencing, a written waiver 
of extradition for that individual's return to this State, upon completion of the sentence of 
the other jurisdiction, if any portion of this State's sentence remains unserved.  In the 
absence of an order pursuant to this subsection requiring concurrent sentences, any 
sentence of imprisonment in this State commences as provided in section 2303, 
subsections 1 and 2 and runs consecutively to the sentence of the other jurisdiction. 
7.  Sentencing subsequent to probation, administrative release or supervised 
release.  A court may not impose a sentence of imprisonment, not wholly suspended, to 
be served consecutively to any split sentence, or to any sentence including supervised 
release under chapter 67, subchapter 3, previously imposed or imposed on the same date, 
if the net result, even with the options made available by subsections 4 and 8 and section 
1804, subsection 12, would be to have the individual released from physical confinement 
to be on probation, administrative release or supervised release for the first sentence and 
thereafter be required to serve an unsuspended term of imprisonment on the 2nd sentence. 
8.  Rearrangement of order of sentences.  A court imposing a sentence of 
imprisonment to be served consecutively to any other previously imposed sentence that 
the individual has not yet commenced, in order to comply with subsection 7, may 
rearrange the order in which the sentences are to be served. 
§1609.  Nonconcurrent sentence for crime attempted or committed while in 
execution of term of imprisonment 
Notwithstanding section 1608, when an individual subject to an undischarged term of 
imprisonment is convicted of a crime committed while in execution of any term of 
imprisonment or of an attempt to commit a crime while in execution of any term of 
imprisonment, the sentence is not concurrent with any undischarged term of 
imprisonment.  The court may order that any undischarged term of imprisonment be 
tolled and service of the nonconcurrent sentence commence immediately and the court 
shall so order if any undischarged term of imprisonment is a split sentence.  No portion of 
the nonconcurrent sentence may be suspended.  Any sentence that the convicted 
individual receives as a result of the conviction of a crime or attempt to commit a crime 
while in execution of a term of imprisonment must be nonconcurrent with all other 
sentences. 
This section applies to prisoners on supervised community confinement pursuant to 
Title 34-A, section 3036-A. 
§1610.  Place of imprisonment 
1.  Class D or Class E crimes.  The court shall specify a county jail as the place of 
imprisonment for an individual convicted of a Class D or Class E crime, except that, if a 
sentence to a term of imprisonment in a county jail is consecutive to or is to be followed 
by a sentence to a term of imprisonment in the custody of the Department of Corrections, 
the court imposing either sentence may order that both be served in the custody of the 
Department of Corrections.  If a court imposes consecutive terms of imprisonment for 
Class D or Class E crimes and the aggregate length of the terms imposed is one year or 
more, the court may order that they be served in the custody of the Department of 
Corrections. 
2.  Class A, Class B or Class C crimes.  For an individual convicted of a Class A, 
Class B or Class C crime the court shall: 
A.  Specify a county jail as the place of imprisonment if the term of imprisonment is 
months or less; or 
B.  Commit the individual to the Department of Corrections if the term of 
imprisonment is more than 9 months. 
3.  Intermittent service of county jail sentence.  At the request of or with the 
consent of a convicted individual, the court may order a sentence of imprisonment under 
this chapter in a county jail, a sentence of probation involving imprisonment in a county 
jail under chapter 67, subchapter 1 or a sentence of administrative release under chapter 
67, subchapter 2 to be served intermittently. 
§1611.  Commitments to Department of Corrections of bound-over juveniles who 
have not attained 18 years of age at the time of sentencing 
A juvenile who has been bound over, pursuant to Title 15, section 3101, subsection 4, 
who is subsequently, as to the juvenile crime's adult counterpart, convicted and sentenced 
to a sentencing alternative involving imprisonment and who has not attained 18 years of 
age at the time of sentence imposition must be committed to a Department of Corrections 
juvenile correctional facility for an indeterminate period not to extend beyond the 
juvenile's 18th birthday to serve the term of imprisonment or any unsuspended portion 
until discharge from the juvenile correctional facility, and once discharged the juvenile 
must be transferred to a correctional facility in which adult individuals are confined to 
serve out the remainder of the imprisonment term or unsuspended portion, if any. 
§1612.  Tolling of sentence of noncompliant witness 
In the event a witness in a grand jury or criminal proceeding has been ordered 
confined by a court in the State as a remedial coercive sanction for refusing to comply 
with an order of the court to testify or provide evidence, and that witness is already in 
execution of an undischarged term of imprisonment on a sentence in the State, that court 
may order that the undischarged term of imprisonment be tolled for the duration of the 
coercive imprisonment. 
CHAPTER 65 
FINES, FEES, ASSESSMENTS AND SURCHARGES 
SUBCHAPTER 1 
FINES 
§1701.  Definite fine amount required 
In imposing a sentencing alternative pursuant to section 1502 that includes a fine, the 
court shall set a specific amount of money. 
§1702.  Criteria for imposing sentencing alternative that includes fine 
1.  Consideration of financial capacity to pay and financial burden.  In 
determining the amount of a fine, unless the fine amount is mandatory, and in 
determining the method of payment of a fine, the court shall take into account the present 
and future financial capacity of the convicted person to pay the fine and the nature of the 
financial burden that payment of the fine will impose on the person or a dependent, if 
any, of the person. 
2.  Burden of proving financial hardship or incapacity to pay.  A convicted 
person who asserts a present or future incapacity to pay a fine or asserts that the fine will 
cause an excessive financial hardship on the person or on a dependent of the person has 
the burden of proving the incapacity or excessive hardship by a preponderance of the 
evidence.  On appeal of a sentencing alternative involving a fine, the person has the 
burden of demonstrating that the incapacity or excessive financial hardship was proven as 
a matter of law. 
§1703.  Use of fine relative to individuals 
Except when specifically precluded, in choosing the appropriate punishment for an 
individual convicted of a crime, the court shall consider the desirability of imposing a 
sentencing alternative involving a fine either in conjunction with or in lieu of a sentencing 
alternative involving imprisonment.  A sentencing alternative involving imprisonment 
may not be imposed by a court solely for the reason that the individual does not have the 
present or future financial capacity to pay a fine. 
§1704.  Maximum fine amounts authorized for convicted individuals 
An individual who has been convicted of a Class A, Class B, Class C, Class D or 
Class E crime may be sentenced to pay a fine.  Except as provided in section 1706 and 
unless a different maximum fine is specified by statute, the maximum fine that may be 
imposed by a court on a convicted individual is as follows: 
1.  Class A crime.  In the case of a Class A crime, $50,000; 
2.  Class B crime.  In the case of a Class B crime, $20,000; 
3.  Class C crime.  In the case of a Class C crime, $5,000; 
4.  Class D crime.  In the case of a Class D crime, $2,000; and 
5.  Class E crime.  In the case of a Class E crime, $1,000. 
§1705.  Maximum fine amounts authorized for convicted organizations 
An organization that has been convicted of murder or a Class A, Class B, Class C, 
Class D or Class E crime may be sentenced to pay a fine.  Except as provided in section 
1706 and unless a different maximum fine is specified by statute, the maximum fine that 
may be imposed by a court on a convicted organization is as follows: 
1.  Crime of murder.  In the case of the crime of murder, any amount; 
2.  Class A crime.  In the case of a Class A crime, $100,000; 
3.  Class B crime.  In the case of a Class B crime, $40,000; 
4.  Class C crime.  In the case of a Class C crime, $20,000; and 
5.  Class D crime or Class E crime.  In the case of a Class D crime or a Class E 
crime, $10,000. 
§1706.  Exceptions to maximum fine amounts 
Notwithstanding the maximum fine amounts specified in sections 1704 and 1705, a 
court may impose fines as provided in this section. 
1.  Pecuniary gain.  Regardless of the classification of the crime, the court may 
impose a fine on a convicted person that is in an amount greater than the maximum fine 
amounts specified in section 1704 for an individual and section 1705 for an organization 
as long as the fine does not exceed twice the pecuniary gain derived from the crime by 
the convicted person.  The State must plead and prove the amount of money or the value 
of the property obtained by the person at the time of the commission of the crime.  At 
sentencing, if the court is considering imposing a fine based upon pecuniary gain, it shall 
hold a hearing in order to determine the pecuniary gain.  At the hearing the court shall 
determine whether any money or property was returned to the victim of the crime or was 
seized by or surrendered to a lawful authority prior to the time of sentencing, and shall 
determine the value of any such property.  If the court finds that money or property was 
returned, seized or surrendered, the court shall reduce the pecuniary gain pleaded and 
proved by the State at trial by the amount of money or the value of property returned, 
seized or surrendered in order to arrive at the net amount of pecuniary gain upon which a 
fine may be based pursuant to this subsection.  If the court determines that no money or 
property was returned, seized or surrendered, the court shall base the fine on the amount 
pleaded and proved by the State. 
As used in this subsection, "pecuniary gain" means the amount of money or the value of 
property at the time of the commission of the crime derived by the person from the 
commission of the crime. 
2.  Fine based on quantity of item illegally possessed by convicted person.  
Whenever a statute makes the possession of a particular item, whether animate or 
inanimate, a criminal offense and provides that the amount of the fine depends upon the 
quantity of the item possessed by the person, if the State pleads and proves the quantity of 
the item possessed by the person, the fine is as provided for in the statute and is not 
subject to the maximum limits placed on fines by sections 1704 and 1705. 
3.  Fine based on value of scheduled drug at time of offense.  Whenever a statute 
authorizes that the amount of the fine for a specific drug offense be based on the value of 
the scheduled drug at the time of the offense upon which the conviction is based, if the 
State pleads and proves the value of the scheduled drug at the time of the offense, the fine 
may be as provided for in the statute and is not subject to the maximum limits placed on 
fines by sections 1704 and 1705.  
§1707.  Multiple fines imposed on convicted person 
When multiple fines are imposed on a convicted person at the same time or when a 
fine is imposed on a convicted person already subject to an unpaid or partly unpaid fine, 
the fines must be cumulative, unless the court specifies that only the highest single fine 
must be paid in the case of offenses based on the same conduct or arising out of the same 
criminal episode or for other good cause stated on the record or in the sentences. 
§1708.  Time and method of payment of fines imposed on convicted person 
1.  Timing of fine payment.  If a convicted person is sentenced to pay a fine, the 
court may grant permission for the payment to be made within a specified period of time 
or in specified installments. If  such permission is not included in the sentence, the fine 
must be paid immediately to the clerk of the court. 
2.  Payment as condition of probation or administrative release.  If a convicted 
person sentenced to pay a fine is also placed on probation or administrative release, the 
court may make the payment of the fine a condition of probation or administrative 
release.  In the case of probation, the court may order that the fine be paid to the 
convicted person's probation officer. 
§1709.  Post-conviction relief invalidating conviction; potential return of fine 
payments 
If, in any judicial proceeding following conviction, a court issues a final judgment 
invalidating the conviction, the judgment may include an order that a fine payment or any 
part of a fine payment that the convicted person paid pursuant to the sentence for that 
conviction be returned to that person. 
§1710.  Modification of payment of fine 
If a convicted person who has been sentenced to pay a fine is in danger of default, 
that person shall move the court for a modification of time or method of payment to avoid 
a default.  The court may modify its prior order to allow additional time for payment or to 
reduce the amount of each installment. 
§1711.  Default 
1.  Return to court upon default.  A convicted person who has been sentenced to 
pay a fine and who fails to pay part or all of that fine is in default and must be returned to 
court to explain the failure to pay the fine. 
2.  Court authorized to conduct default hearing.  A convicted person who has 
defaulted on the payment of a fine and is required to be returned to a court pursuant to a 
warrant may be returned to the court that issued the warrant or to the court having 
jurisdiction over the area where the warrant was executed.  Either court is authorized to 
conduct the default hearing pursuant to subsection 4. 
For purposes of this subsection, "convicted person" includes an individual or individuals 
authorized to make disbursements from the assets of a convicted organization. 
3.  Reporting of default; motion to revoke probation, revoke administrative 
release or enforce payment.  A probation officer having knowledge of a default in 
payment of a fine by a convicted person shall report the default to the office of the 
attorney for the State.  An attorney for the State having knowledge of a default in 
payment of a fine by a convicted person shall report the default to the court.  If the fine 
was a condition of probation, the attorney for the State may file a motion to enforce 
payment of the fine or, with the written consent of the probation officer, a motion to 
revoke probation under section 1811.  If the fine was a requirement of administrative 
release, the attorney for the State may file a motion to enforce payment of the fine or a 
motion to revoke administrative release under section 1855.  If the fine was not a 
condition of probation or a requirement of administrative release, the attorney for the 
State may file a motion to enforce payment of the fine. 
4.  Procedure for motion to enforce payment.  Either the attorney for the State or 
the court may initiate a motion to enforce payment of a fine.  Notification for the hearing 
on the motion must be sent by regular mail to the convicted person's last known address.  
If the person does not appear for the hearing after proper notification has been sent, the 
court may issue a bench warrant. A court need not bring a motion to enforce payment of a 
fine nor notify the person by regular mail of the date of the hearing if at the time of 
sentence imposition the court's order to pay the fine and accompanying warnings to the 
person comply with Title 14, section 3141, subsection 3 or 4; in this case, if the person 
fails to appear as directed by the court's fine order, the court may issue a bench warrant. 
A.  Unless the person shows by a preponderance of the evidence that the default was 
not attributable to an intentional or knowing refusal to obey the court's order or to a 
failure on the person's part to make a good faith effort to obtain the funds required for 
the payment, the court shall find that the default was unexcused and may: 
(1)  Commit the person to the custody of the sheriff until all or a specified part of 
the fine is paid.  The length of confinement in a county jail for unexcused default 
must be specified in the court's order and may not exceed 6 months.  A person 
committed for nonpayment of a fine is given credit toward the payment of the 
fine for each day of confinement that the person is in custody at the rate specified 
in the court's order, which may not be less than $25 or more than $100 of unpaid 
fine for each day of confinement.  The person is also given credit for each day 
that the person is detained as the result of an arrest warrant issued pursuant to this 
section.  A person is responsible for paying any fine remaining after receiving 
credit for confinement and detention.  A default on the remaining fine is also 
governed by this section; or 
(2)  If the unexcused default relates to a fine imposed for a Class C, Class D or 
Class E crime, as authorized by this subchapter, order the person to perform a 
specified number of hours of community service work for the benefit of the State, 
a county, a municipality, a school administrative district or other public entity, a 
charitable institution or other entity approved by the court until all or a specified 
part of the fine is paid.  The number of hours of community service work must be 
specified in the court's order and the person must receive a credit against the 
unpaid fine at a rate equal to the current hourly minimum wage.  A person 
ordered to perform community service work pursuant to this subparagraph is 
given credit toward the payment of the fine for each 8-hour day of community 
service work performed.  The person is also given credit toward the payment of 
the fine for each day that the person is detained as a result of an arrest warrant 
issued pursuant to this section at a rate specified in the court's order that is up to 
$100 of unpaid fine per day of confinement.  A person who fails to complete the 
work in the manner ordered by the court must be returned to the court to explain 
the failure.  A person is responsible for paying any fine remaining after receiving 
credit for any detention and for community service work performed.  A default 
on the remaining fine is also governed by this section. 
The Department of Corrections is not responsible for supervision of community 
service work performed pursuant to this subparagraph. 
B.  If it appears that the default is excusable, the court may give the person additional 
time for payment, may reduce the amount of each installment or may permit the 
person to perform community service work at the rate authorized by paragraph A, 
subparagraph (2), supervised by the sheriff of the county in which the court that 
assessed the fine is located or by a community confinement monitoring agency with 
which that sheriff has contracted under Title 30-A, section 1659-A. 
C.  If the court commits a person to the custody of the sheriff for nonpayment of a 
fine pursuant to paragraph A, subparagraph (1), the court may authorize, at the time 
of its order only, participation of the person in a project under Title 30-A, section 
1606 with the agreement of the sheriff of the county jail where the person is 
committed.  The person must be given credit according to Title 30-A, section 1606, 
subsection 2. 
D.  The confinement ordered under paragraph A, subparagraph (1) must be 
nonconcurrent with any judgment of conviction involving a term of imprisonment. 
5.  Levy of execution or other civil measures authorized; consequence of levy of 
execution.  Upon any default, the court may order execution to be levied and may order 
other measures authorized for the collection of unpaid civil judgments to be taken to 
collect the unpaid fine.  A levy of execution does not discharge a convicted person 
confined to a county jail or performing community service work under subsection 4 for 
unexcused default until the full amount of the fine has been collected or credited. 
6.  Payment of fine imposed on organization; consequence of failure.  When a 
fine is imposed on an organization, the individual or individuals authorized to make 
disbursements from the assets of the organization shall pay the fine from the 
organization's assets.  Failure to do so may subject the individual or individuals to court 
action pursuant to this section. 
§1712.  Deposit of certain fines in Maine Military Family Relief Fund 
Notwithstanding any provision of law to the contrary, if a person is convicted under 
section 354, subsection 2, paragraph A of theft by deception due to that person's 
intentional creation or reinforcement of a false impression that the person is a veteran or a 
member of the Armed Forces of the United States or a state military force, any fine 
imposed on that person by the court must be deposited in the Maine Military Family 
Relief Fund established in Title 37-B, section 158. 
SUBCHAPTER 2 
FEES, ASSESSMENTS AND SURCHARGES 
§1751.  County jail reimbursement fee 
1.  Assessment of reimbursement fee.  When an individual is sentenced to 
incarceration in a county jail, the sentencing court shall consider and may assess as part 
of the sentence a jail reimbursement fee, referred to in this section as "the reimbursement 
fee," to help defray the expenses of the individual's room and board. 
2.  Evidence.  The court, in determining whether a reimbursement fee as set out in 
subsection 1 is to be assessed and in establishing the amount of that fee, shall consider 
evidence relevant to the individual's ability to pay that fee, including, but not limited to, 
the factors set forth in section 2005, subsection 2, paragraph D, subparagraphs (1) to (5).  
The court may not consider as evidence the following: 
A.  Joint ownership, if any, that the individual may have in real property; 
B.  Joint ownership, if any, that the individual may have in any assets, earnings or 
other sources of income; and 
C.  The income, assets, earnings or other property, both real and personal, owned by 
the individual's spouse or family. 
3.  Amount of reimbursement fee; collection.  After considering all relevant 
evidence on the issue of the individual's ability to pay under subsection 2, the court may 
enter, as part of its sentence, a reimbursement fee that must be paid by the individual for 
incarceration in the county jail.  The reimbursement fee may not exceed the cost of 
incarcerating the individual or $80 per day, whichever is less, and must bear a reasonable 
relationship to the individual's ability to pay.  Upon petition by the individual, the amount 
may be modified to reflect any changes in the financial status of the individual. 
Any reimbursement fee assessed must be collected by the county treasurer of the county 
in which the individual is incarcerated, paid into the treasury of that county and credited 
to the county responsible for paying for the incarceration of the individual. 
4.  Timing of fee payment.  If an individual is sentenced to pay a reimbursement fee, 
the court may allow the individual to pay the reimbursement fee within a specified time 
or in specified installments.  If such permission is not contained in the sentence, the 
reimbursement fee is payable immediately. 
5.  Default.  An individual who has been sentenced to pay a reimbursement fee and 
who fails to pay part or all of that fee is in default and must be returned to court to explain 
the failure to pay that fee. 
A probation officer who knows of a default in payment of a reimbursement fee by an 
individual shall report the default to the office of the attorney for the State or the attorney 
for the county.  If the reimbursement fee was a condition of probation, the attorney for the 
State or the attorney for the county may file a motion to enforce payment of the 
reimbursement fee or, with the written consent of the probation officer, the attorney for 
the State may file a motion to revoke probation under section 1205.  If the reimbursement 
fee was a requirement of administrative release, the attorney for the State or the attorney 
for the county may file a motion to enforce payment of the reimbursement fee or the 
attorney for the State may file a motion to revoke administrative release under section 
1855.  If the reimbursement fee was not a condition of probation or a requirement of 
administrative release, the attorney for the State or the attorney for the county may file a 
motion to enforce payment of the reimbursement fee. 
6.  Motion to enforce payment of reimbursement fee.  The attorney for the State, 
the attorney for the county or the court may initiate a motion to enforce payment of a 
reimbursement fee.  Notification for the hearing on the motion must be sent by regular 
mail to the individual's last known address.  If the individual does not appear for the 
hearing after proper notification has been sent, the court may issue a bench warrant. 
A.  Unless the individual shows by a preponderance of the evidence that the default 
was not attributable to an intentional or knowing refusal to obey the court's order or 
to a failure on the individual's part to make a good faith effort to obtain the funds 
required to make payment, the court shall find that the default was unexcused and 
may commit the individual to the custody of the sheriff until all or a specified part of 
the reimbursement fee is paid.  The length of confinement in a county jail for 
unexcused default must be specified in the court's order and may not exceed 6 
months.  An individual committed for nonpayment of a reimbursement fee is given 
credit toward the payment of a reimbursement fee for each day of confinement that 
the individual is in custody, at the rate specified in the court's order, which may not 
be less than $25 or more than $100 of unpaid reimbursement fee for each day of 
confinement.  The individual is also given credit for each day that the individual has 
been detained as the result of an arrest warrant issued pursuant to this section.  An 
individual is responsible for paying any reimbursement fee remaining after receiving 
credit for confinement and detention. 
B.  If it appears that the default is excusable, the court may give the individual 
additional time for payment or may reduce the amount of each installment. 
C.  The confinement ordered under this subsection must be nonconcurrent with any 
judgment of conviction involving a term of imprisonment. 
§1752.  Supervision fee as condition of probation 
If a court imposes a sentencing alternative authorized under section 1502 that 
includes a period of probation, it must attach as a condition of probation that the 
convicted individual pay, through the Department of Corrections, a supervision fee 
imposed pursuant to section 1807, subsection 5 for the term of probation. 
§1753.  Electronic monitoring fee and substance testing fee as conditions of 
probation 
If a court imposes a sentencing alternative authorized under section 1502 that 
includes a period of probation, upon the request of the Department of Corrections, the 
court shall attach as a condition of probation an electronic monitoring fee, a substance 
testing fee or both, as governed by section 1807, subsection 6. 
§1754.  Fee for applying to Department of Corrections to temporarily or 
periodically leave jurisdiction 
If a court requires as a condition of probation that the convicted individual remain 
within the jurisdiction of the court, unless permission to leave temporarily is granted in 
writing by the convicted individual's probation officer, the Department of Corrections 
may impose on the individual applying for permission to leave either temporarily or 
periodically an application fee, as governed by section 1807, subsection 7. 
§1755.  Administrative supervision fee as nonmandatory requirement of 
administrative release 
If a court imposes a suspended sentence with administrative release pursuant to 
section 1853 and attaches requirements for the term of the administrative release, the 
court-imposed requirements of administrative release may include an administrative 
supervision fee, as governed by section 1854, subsection 2, paragraph A. 
§1756.  Administrative supervision fee as nonmandatory requirement of deferred 
disposition 
If an individual consents to a deferred disposition pursuant to section 1901 and a 
court orders sentencing to be deferred and imposes requirements to be in effect during the 
period of deferment, the court-imposed deferment requirements may include an 
administrative supervision fee, as governed by sections 1902 and 1903. 
§1757.  Surcharges and assessments outside the code 
In addition to the fees authorized by this subchapter, the court shall impose, as 
applicable, the following surcharges and assessments. 
1.  Surcharge and assessment applicable to all criminal cases.  The court shall 
impose on all persons convicted of a crime: 
A.  The surcharges for the Government Operations Surcharge Fund and the General 
Fund authorized under Title 4, section 1057, subsection 2-A; 
B.  The assessment for the Victims' Compensation Fund authorized under Title 5, 
section 3360-I; and 
C.  The surcharge for the County Jail Operations Fund authorized under Title 34-A, 
section 1210-D, subsection 5. 
2.  Surcharge applicable to violation of animal welfare laws or operating under 
the influence laws.  The court shall impose: 
A.  The surcharge authorized under Title 17, section 1015 for a violation of Title 17, 
chapter 42; and 
B.  The surcharge authorized under Title 29-A, section 2411, subsection 7 for a 
violation of Title 29-A, section 2411. 
§1758.  Authority to impose fees, surcharges and assessments 
Nothing in this chapter limits the authority of the Supreme Judicial Court to impose 
fees, surcharges or assessments by administrative order or rule. 
CHAPTER 67 
CONDITIONAL RELEASE 
SUBCHAPTER 1 
PROBATION 
§1801.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1.  Dating partner.  "Dating partner" has the same meaning as in Title 19-A, section 
4002, subsection 3-A. 
2.  Family or household member.  "Family or household member" has the same 
meaning as in Title 19-A, section 4002, subsection 4. 
§1802.  Eligibility for sentencing alternative that includes period of probation 
1.  General eligibility.  A person who has been convicted of a crime may be 
sentenced to a sentencing alternative under section 1502 that includes a period of 
probation, unless: 
A.  The conviction is for murder;  
B.  The conviction is for a Class D or Class E crime other than:  
(1)  A Class D or Class E crime relative to which, based upon both the written 
agreement of the parties and a court finding, the facts and circumstances of the 
underlying criminal episode giving rise to the conviction generated probable 
cause to believe the person had committed a Class A, Class B or Class C crime in 
the course of that criminal episode and, as agreed upon in writing by the parties 
and found by the court, the person does not have a prior conviction for murder or 
for a Class A, Class B or Class C crime and has not been placed on probation 
pursuant to this subparagraph on any prior occasion; 
(2)  A Class D crime that the State pleads and proves was committed against a 
family or household member or a dating partner under chapter 9 or 13 or section 
554, 555 or 758; 
(3)  A Class D crime under Title 5, section 4659, subsection 1; Title 15, section 
321, subsection 6; or Title 19-A, section 4011, subsection 1; 
(4)  A Class D or Class E crime in chapter 11 or 12; 
(5)  A Class D crime under section 210-A; 
(6)  A Class E crime under section 552; 
(7)  A Class D or Class E crime under section 556, section 853, section 854, 
excluding subsection 1, paragraph A, subparagraph (1), or section 855; 
(8)  A Class D crime in chapter 45 relating to a schedule W drug; 
(9)  A Class D or Class E crime under Title 29-A, section 2411, subsection 1-A, 
paragraph B;   
(10)  A Class D crime under Title 17, section 1031; or 
(11)  A Class E crime under Title 15, section 1092, subsection 1, paragraph A, if 
the condition of release violated is specified in Title 15, section 1026, subsection 
3, paragraph A, subparagraph (5) or (8) and the underlying crime involved 
domestic violence; 
C.  The court sentences the person to a sentencing alternative under section 1502 that 
includes a period of administrative release; 
D.  The court sentences the individual to a term of imprisonment followed by a 
period of supervised release as authorized by subchapter 3; 
E.  The statute that the person is convicted of violating expressly provides that the 
fine or imprisonment penalties it authorizes may not be suspended, in which case the 
person must be sentenced to the imprisonment and required to pay the fine authorized 
in that statute; or 
F.  The court finds that such a sentence would diminish the gravity of the crime for 
which that person was convicted. 
2.  Eligibility for persons needing supervision or assistance.  A person who is 
eligible for sentence under this subchapter, as provided in subsection 1, may be sentenced 
to a sentencing alternative that includes a period of probation if the person is in need of 
the supervision, guidance, assistance or direction that probation can provide. 
§1803.  Definite period of probation required 
In imposing a sentencing alternative under section 1502 that includes a period of 
probation, the court shall set a definite period of probation. 
§1804.  Period of probation; modification; termination and discharge 
1.  Limit on length of probation.  Except as provided in subsections 2, 3, 4, 5 and 6, 
the period of probation for a person may not exceed: 
A.  For a Class A crime, 4 years; 
B.  For a Class B crime, 3 years; 
C.  For a Class C crime, 2 years; and 
D.  For a Class D or Class E crime, one year. 
2.  Exception to limits when victim is less than 12 years of age.  If the State pleads 
and proves that at the time of the crime the victim had not attained 12 years of age or, in 
the case of a crime under sections 283 and 284, the victim had not attained 12 years of 
age at the time the sexually explicit conduct occurred, the period of probation for a person 
convicted under chapter 11 or 12 may not exceed: 
A.  For a Class A crime, 18 years; 
B.  For a Class B crime, 12 years; and 
C.  For a Class C crime, 6 years. 
3.  Exception to limits when victim is family or household member.  If the State 
pleads and proves that the person was convicted of committing against a family or 
household member a crime under chapter 9 or 13 or section 554 or if the person was 
convicted under chapter 11 or 12 or section 556, the period of probation may not exceed: 
A.  For a Class A crime, 6 years; and 
B.  For a Class B or Class C crime, 4 years. 
4.  Exception to limits when person sentenced as repeat sexual assault offender.  
The period of probation for a person sentenced as a repeat sexual assault offender 
pursuant to section 253-A, subsection 1 is any term of years. 
5.  Exception to limits when person sentenced for nonsupport of dependents.  
The period of probation for a person sentenced for the crime of nonsupport of dependents 
under section 552 is as provided under section 552, subsection 4. 
6.  Exception to limits when person ordered to complete batterers' intervention 
program and pay restitution.  If the State pleads and proves that the enumerated Class 
D or Class E crime was committed by the person against a family or household member 
and the court orders the person to complete a certified batterers' intervention program as 
defined in Title 19-A, section 4014, the person may be placed on probation for a period 
not to exceed 2 years, except that, on motion by the person's probation officer, the person 
or the court, the term of probation must be terminated by the court when the court 
determines that the person has: 
A.  Served at least one year of probation; 
B.  Completed the certified batterers' intervention program; 
C.  Paid in full any victim restitution ordered; and 
D.  From the time the period of probation commenced until the motion for 
termination is heard, met all other conditions of probation. 
As used in this subsection, "enumerated Class D or Class E crime" means any Class D 
crime in chapter 9, any Class D or Class E crime in chapter 11, the Class D crimes 
described in sections 302 and 506-B and the Class D crimes described in sections 554, 
and 758. 
7.  Modification of probation requirements authorized.  During the period of 
probation specified in the sentence made pursuant to this section, and upon application of 
the person on probation or the person's probation officer, or upon the court's own motion, 
the court may, after a hearing upon notice to the probation officer and the person on 
probation, modify the requirements imposed by the court or a community reparations 
board, add further requirements authorized by section 1807 or relieve the person on 
probation of any requirement imposed by the court or a community reparations board 
that, in the court's opinion, imposes on the person an unreasonable burden.  If the person 
on probation cannot meet a requirement imposed by the court or a community reparations 
board, the person shall bring a motion under this subsection. 
8.  Ex parte motion for modification by probation officer in advance of hearing.  
Notwithstanding subsection 7, the court may grant, ex parte, a motion brought by the 
probation officer of the person on probation to add further requirements if the court 
determines that all reasonable efforts have been made to give written or oral notice to the 
person on probation and the requirements are immediately necessary to protect the safety 
of an individual or the public.  Any requirements added pursuant to an ex parte motion do 
not take effect until written notice of the requirements, along with written notice of the 
scheduled date, time and place when the court will hold a hearing on the added 
requirements, is given to the person on probation. 
9.  Conversion of probation to administrative release.  Once the period of 
probation has commenced, on motion of the person on probation or the person's probation 
officer, or on the court's own motion, the court may at any time convert a period of 
probation for a Class D or Class E crime or a Class C crime under Title 29-A, section 
2557-A to a period of administrative release.  A conversion to administrative release may 
not be ordered unless notice of the motion is given to the probation officer and the 
attorney for the State.  The provisions of subchapter 2 apply when probation is converted 
to administrative release.  Conversion to administrative release in accordance with this 
subsection relieves the person on probation of any obligations imposed by the probation 
conditions. 
10.  Early termination of probation and discharge authorized.  Once the period of 
probation has commenced, on motion of the person on probation or the person's probation 
officer, or on the court's own motion, the court may at any time terminate a period of 
probation and discharge the person at any time earlier than that provided in the sentence 
made pursuant to this section, if warranted by the conduct of the person.  A termination 
and discharge may not be ordered unless notice of the motion is given to the probation 
officer and the attorney for the State.  Termination and discharge in accordance with this 
subsection relieves the person on probation of any obligations imposed by the sentence of 
probation. 
11.  Justice or judge authorized to hear motions regarding probation.  A motion 
and hearing pursuant to subsection 7, 8, 9 or 10 need not be before the justice or judge 
who originally imposed probation.  Any justice or judge may initiate and hear a motion, 
and any justice or judge may hear a motion brought by the person on probation or the 
person's probation officer. 
12.  Any court authorized to terminate probation to prevent delay of consecutive 
term of imprisonment.  Any court, in order to comply with section 1608, subsection 7, 
may terminate a period of probation that would delay commencement of a consecutive 
unsuspended term of imprisonment. 
§1805.  Partially suspended term of imprisonment with probation or "split 
sentence" 
1.  Determination of date probation begins; revocation; place of imprisonment.  
Unless prohibited pursuant to section 1802, subsection 1, paragraphs A to F, the court 
may impose a split sentence by sentencing an individual to a term of imprisonment not to 
exceed the maximum term authorized for the crime, an initial portion of which is to be 
served and the remainder of which is to be suspended, and accompany the suspension 
with a period of probation not to exceed the maximum period authorized for the crime.  
The period of probation commences on the date the individual is released from the 
unsuspended portion of the term of imprisonment, unless the court orders it to commence 
on an earlier date. 
A.  If the period of probation commences upon release of the individual from the 
unsuspended portion of the term of imprisonment, the court may revoke probation for 
any criminal conduct committed during that unsuspended portion of the term of 
imprisonment. 
B.  If execution of the sentence is stayed, the court may revoke probation for criminal 
conduct committed during the period of stay or for failure to report as ordered. 
C.  The court may revoke probation if, during any unsuspended portion of the term of 
imprisonment, an individual sentenced as a repeat sexual assault offender, pursuant to 
section 1804, subsection 4, refuses to actively participate in a sex offender treatment 
program in accordance with the expectations and judgment of the treatment 
providers, when requested to do so by the Department of Corrections. 
D.  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. 
(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 individual to the Department of Corrections for any portion 
of the sentence that is more than 9 months. 
2.  Applicability to prosecution of crime committed prior to September 23, 1983.  
In any prosecution for a crime committed prior to September 23, 1983, the court may, 
with the consent of the defendant, impose a sentence under subsection 1. 
§1806.  Wholly suspended term of imprisonment with probation 
Unless prohibited pursuant to section 1802, subsection 1, paragraphs A to F, the court 
may sentence an individual to a term of imprisonment not to exceed the maximum term 
authorized for the crime, suspend the entire term of imprisonment and accompany the 
suspension with a period of probation not to exceed the maximum period authorized for 
the crime, to commence on the date the individual goes into actual execution of the 
sentence. 
§1807.  Conditions of probation 
1.  Purpose of conditions.  If the court imposes a sentencing alternative under 
section 1502 that includes a period of probation, it shall attach conditions of probation, as 
authorized by this section, as it considers to be reasonable and appropriate to assist the 
person to lead a law-abiding life, including, without exception, a condition of probation 
that the person refrain from criminal conduct. 
2.  Specific conditions of probation authorized.  As a condition of probation, the 
court in its sentence may require the person to: 
A.  Support the person's dependents and to meet the person's family responsibilities; 
B.  Make restitution pursuant to chapter 69 to each victim of the person's crime, or to 
the county where the offense is prosecuted if the identity of the victim cannot be 
ascertained or if the victim voluntarily refuses the restitution.  If the court orders as a 
condition of probation that the person forfeit and pay a specific amount of restitution, 
that order, as a matter of law, also constitutes the imposition of restitution pursuant to 
chapter 69 as a sentencing alternative and an additional order regarding restitution is 
unnecessary; 
C.  Pursue and maintain approved employment or an approved occupation; 
D.  Undergo, as an outpatient, available medical or psychiatric treatment, or to enter 
and remain, as a voluntary patient, in a specified institution when required for that 
purpose. Failure to comply with this condition is considered only as a violation of 
probation and may not, in itself, authorize involuntary treatment or hospitalization.  
The court may not order and the State may not pay for the person to attend a batterers' 
intervention program unless the program is certified under Title 19-A, section 4014; 
E.  Pursue a prescribed secular course of study or vocational training; 
F.  Refrain from frequenting specified places or consorting with specified persons; 
G.  Refrain from possessing any firearm or other dangerous weapon; 
H.  Remain within the jurisdiction of the court, unless permission to leave 
temporarily is granted in writing by the person's probation officer, and to notify the 
probation officer of any change in the person's address or employment; 
I.  Refrain from drug abuse and use or excessive use of alcohol; 
J.  Report as directed to the court or the person's probation officer, to answer all 
reasonable inquiries by the probation officer and to permit the probation officer to 
visit at reasonable times at the person's home or elsewhere; 
K.  Pay any monetary penalty imposed by the court as part of the sentence; 
L.  Perform specified work for the benefit of the State, a county, a municipality, a 
school administrative district, other public entity or a charitable institution; 
M.   Participate in an electronic monitoring program, if available; or 
N.  Satisfy any conditions reasonably related to the rehabilitation of the person or the 
public safety or security. 
3.  Opportunity to address court regarding probation conditions; written 
statement required.  The person must be given an opportunity to address the court on 
the conditions that are proposed to be attached and, after sentence, must be given a 
written statement setting forth the particular conditions on which the person is released on 
probation. 
4.  Condition of probation that includes psychiatric treatment or mental health 
counseling; notice by court to Department of Health and Human Services.  Before 
imposing any condition of psychiatric outpatient or inpatient treatment or mental health 
counseling, the court may request that a report be submitted by an agent of the 
Department of Health and Human Services who has been designated pursuant to Title 
34-B, section 1220 for the purpose of assessing the appropriateness of psychiatric 
treatment or mental health counseling for the individual and the availability of this 
treatment or counseling.  Whether or not a report is requested, the court shall notify the 
designated agent of the Department of Health and Human Services when any conditions 
of probation are imposed that include psychiatric outpatient or inpatient treatment or 
mental health counseling.  This notification must include the name and last known 
address of the individual placed on probation, the name and address of the attorney of 
record for that individual and the conditions of probation. 
5.  Supervision fee; determination of amount by court; failure to pay.  The court 
shall attach as a condition of probation that the person pay, through the Department of 
Corrections, a supervision fee of between $10 and $50 per month, as determined by the 
court, for the term of probation.  If the court does not set a supervision fee, the 
supervision fee is $10 per month.  Notwithstanding the attachment of supervision fee 
conditions on more than one sentence, a person on probation on concurrent sentences is 
required to pay only one supervision fee.  In determining whether to set an amount higher 
than $10 per month, the court shall take into account the financial resources of the person 
and the nature of the burden its payment imposes.  A person may not be sentenced to 
imprisonment without probation solely for the reason the person is not able to pay the fee.  
When a person on probation fails to pay the supervision fee, the court may revoke 
probation as specified in section 1812, unless the person shows that failure to pay was not 
attributable to a willful refusal to pay or to a failure on that person's part to make a good 
faith effort to obtain the funds required for the payment.  The court, if it determines that 
revocation of probation is not warranted, shall issue a judgment for the total amount of 
the fee and shall issue an order attaching a specified portion of money received by or 
owed to the person on probation until the total amount of the fee has been paid.  If the 
person makes this showing, the court may allow additional time for payment within the 
remaining period of probation or reduce the size of the fee to no less than $10 per month, 
but may not revoke the requirement to pay the fee unless the remaining period of 
probation is 30 days or less. 
6.  Electronic monitoring and substance testing fees; determination of amount 
by court; failure to pay; use of fees.  Upon the request of the Department of 
Corrections, the court shall attach as a condition of probation that the person pay, through 
the department, an electronic monitoring fee, a substance testing fee or both, as 
determined by the court, for the term of probation.  In determining the amount of the fees, 
the court shall take into account the financial resources of the person and the nature of the 
burden the payment imposes.  A person may not be sentenced to imprisonment without 
probation solely for the reason the person is not able to pay the fees.  When a person on 
probation fails to pay the fees, the court may revoke probation as specified in section 
1812, unless the person shows that failure to pay was not attributable to a willful refusal 
to pay or to a failure on that person's part to make a good faith effort to obtain the funds 
required for the payment.  The court, if it determines that revocation of probation is not 
warranted, shall issue a judgment for the total amount of the fees and shall issue an order 
attaching a specified portion of money received by or owed to the person on probation 
until the total amount of the fees has been paid.  If the person makes this showing, the 
court may allow additional time for payment within the remaining period of probation or 
reduce the size of the fees, but may not revoke the requirement to pay the fees unless the 
remaining period of probation is 30 days or less.  Fees received from a person on 
probation must be deposited into the department's adult community corrections account, 
unless the department has required the person to pay fees directly to a provider of 
electronic monitoring, substance testing or other services.  Funds from the adult 
community corrections account do not lapse and must be used to defray costs associated 
with the purchase and operation of electronic monitoring and substance testing programs. 
7.  Condition of probation that includes staying within jurisdiction of court; 
application fee; use of fees.  Whenever the court requires as a condition of probation that 
the person remain within the jurisdiction of the court, unless permission to leave 
temporarily is granted in writing by the person's probation officer, the Department of 
Corrections may impose on a person applying for such permission an application fee of 
$25.  The department may impose on a person an additional fee of $25 per month if 
permission is sought and granted to leave the jurisdiction of the court on a periodic basis.  
Permission to leave may not be denied or withdrawn solely because the person is not able 
to pay the application fee or the additional fee.  When a person fails to pay a fee imposed 
under this subsection, the department may refuse to process the application or may 
withdraw permission to leave if the failure to pay is attributable to the person's willful 
refusal to pay or to a failure on the person's part to make a good faith effort to obtain the 
funds required for the payment.  Fees received from a person pursuant to this subsection 
must be deposited into the department's adult community corrections account, which does 
not lapse, and must be used to defray costs associated with processing the applications, 
including, but not limited to, the cost of materials, equipment, training for probation 
officers and administration, and for the department's share of the costs of extraditing 
persons on probation who are fugitives from justice. 
§1808.  Community reparations boards 
1.  Persons required to appear before board.  If the court imposes a sentencing 
alternative that includes a period of probation, the court shall require as a condition of 
probation that the person appear before a community reparations board, referred to in this 
section as "the board," and abide by any requirement imposed by the board if: 
A.  The person has been sentenced to a suspended term of imprisonment with 
probation or a split sentence of imprisonment with probation the initial portion of 
which must be served in a county jail under section 1805; 
B.  The person has not been convicted of a crime under chapter 11 or a crime of 
domestic violence; 
C.  The Department of Corrections recommends that appearance before the board be 
required; and 
D.  The court finds no circumstance that makes appearance inappropriate. 
2.  Duties of person required to appear before board.  A person required to appear 
before a community reparations board shall: 
A.  Cooperate with the preparation of the intake report to be submitted to the board; 
B.  Appear before the board as directed by the person's probation officer; and 
C.  Cooperate with the board. 
3.  Powers of board.  The powers of a community reparations board are limited to 
requiring the person to: 
A.  Pay restitution in accordance with chapter 69; 
B.  Perform community service; 
C.  Complete a prescribed course of counseling or education; 
D.  Refrain from frequenting specified places or consorting with specified persons; 
E.  Comply with reparative sanctions other than restitution, including, but not limited 
to, writing an apology to the victim and fulfilling crime-impact education measures; 
and 
F.  Report to the board regarding compliance with the requirements of this 
subsection. 
4.  Time limit on requirement imposed by board.  A requirement imposed by a 
community reparations board may not extend longer than 6 months, except the 
requirement to pay restitution. 
5.  Violation.  A person who fails to abide by the requirements of this section 
commits a violation of probation. 
§1809.  Commencement of probation revocation proceedings by arrest 
1.  Authority of probation officer.  If a probation officer has probable cause to 
believe that a person on probation has violated a condition of that person's probation, that 
officer may arrest the person or cause the person to be arrested for the alleged violation.  
If the probation officer cannot, with due diligence, locate the person, the officer shall file 
a written notice of this fact with the court that placed the person on probation.  Upon the 
filing of that written notice, the court shall issue a warrant for the arrest of that person. 
2.  Probable cause hearing; timing; evidence.  A person arrested pursuant to 
subsection 1, with or without a warrant, must be given a probable cause hearing as soon 
as reasonably possible, but not later than on the 5th day after arrest, excluding Saturdays, 
Sundays and holidays.  A probable cause hearing is not given if, within the 5-day period, 
the person is released from custody or is afforded an opportunity for a court hearing on 
the alleged violation.  A  probable cause hearing is not required if the person is charged 
with or convicted of a new offense and is incarcerated as a result of the pending charge or 
conviction. 
A.  Whenever a person arrested pursuant to subsection 1 is entitled to a probable 
cause hearing pursuant to this subsection, unless the person waives the right to the 
hearing, that hearing must be held at the initial appearance and may be held in the 
court located as near to the place where the violation is alleged to have taken place as 
is reasonable under the circumstances.  If it is alleged that the person violated 
probation because of the commission of a new offense, the probable cause hearing is 
limited to the issue of identification if probable cause on the new offense has already 
been found by the District Court or by the Superior Court or the person has been 
indicted, has waived indictment or has been convicted. 
B.  Evidence presented to establish probable cause may include affidavits and other 
reliable hearsay evidence as permitted by the court. 
C.  If the court determines that there is not probable cause to believe that the person 
has violated a condition of probation, the court shall order the person's release. 
3.  Failure to hold probable cause hearing within required time period.  If a 
probable cause hearing is not held as required by subsection 2 within the time period 
specified in subsection 2, it is grounds for the person's release on personal recognizance 
pending further proceedings. 
§1810.  Commencement of probation revocation proceedings by summons 
1.  Authority of probation officer.  If a probation officer has probable cause to 
believe that a person on probation has violated a condition of probation, that officer may 
deliver to that person, or cause to be delivered to that person, a summons ordering that 
person to appear for a court hearing on the alleged violation. 
2.  Contents of summons; probation officer to file motion for revocation.  The 
summons delivered pursuant to subsection 1 must include the signature of the probation 
officer; a brief statement of the alleged violation; the time and place of the alleged 
violation; and the time, place and date the person is to appear in court or a statement that 
the court will notify the person of the time, place and date to appear.  As soon as practical 
after service of the summons, the probation officer shall file with the court a motion for 
revocation of probation that sets forth the facts underlying the alleged violation. 
3.  Initial appearance.  A person appearing on a motion to revoke probation 
pursuant to a summons must be given an initial appearance as provided in section 1811, 
subsection 4. 
4.  Failure to appear.  If the person fails to appear in court after having been served 
with a summons, the court may issue a warrant for the arrest of the person.  After arrest, 
the person must be given a probable cause hearing as provided in section 1809, 
subsection 2 and an initial appearance as provided in section 1811, subsection 3. 
§1811.  Initial proceedings on probation violation; filing of motion; initial 
appearance 
1.  Timing of motion for probation revocation.  A motion for probation revocation, 
which first must be approved by the prosecuting attorney, must be filed within 3 days, 
excluding Saturdays, Sundays and holidays, of the arrest of a person on probation 
pursuant to section 1809. 
2.  Contents of motion.  The motion must set forth the facts underlying the alleged 
violation and, unless the person is to be given a probable cause hearing at the initial 
appearance as provided in section 1809, must be accompanied by a copy of the summons 
delivered to the person. 
3.  Timing of initial appearance on motion receipt; copy of motion to person on 
probation.  Upon receipt of a motion for revocation of probation with respect to a person 
arrested pursuant to section 1809 or section 1810, subsection 4 who is not sooner 
released, the court shall provide the person with an initial appearance on the revocation of 
probation within 5 days after the arrest, excluding Saturdays, Sundays and holidays.  A 
copy of the motion must be furnished to the person prior to or at the initial appearance. 
4.  Procedure at initial appearance.  At the initial appearance, the court shall advise 
the person of the contents of the motion, the right to a hearing on the motion, the right to 
be represented by counsel at a hearing and the right to appointed counsel.  If the person 
cannot afford counsel, the court shall appoint counsel for the person.  The court shall ask 
the person to admit or deny the alleged violation.  If the person refuses to admit or deny, a 
denial must be entered.  In the case of a denial, the court shall set the motion for hearing 
and may commit the person, with or without bail, pending hearing.  If the person is 
committed without bail pending hearing, the date of the hearing must be set no later than 
days from the date of the initial appearance unless otherwise ordered by the court. 
5.  Bail determination.  In deciding whether to set bail under this section and in 
setting the kind and amount of that bail, the court must be guided by the standards of 
post-conviction bail in Title 15, section 1051, subsection 2.  Appeal is governed by Title 
15, section 1051, subsections 5 and 6.  Bail set under this section is also governed by the 
sureties and other forms of bail provisions in Title 15, chapter 105-A, subchapter 4 and 
the enforcement provisions in Title 15, chapter 105-A, subchapter 5, articles 1 and 3, 
including the appeal provisions in Title 15, section 1099-A, subsection 2. 
6.  Effect of failure to meet time limits.  Failure to comply with the time limits set 
forth in this section is not grounds for dismissal of a motion for probation revocation but 
may be grounds for the release of the person on probation on personal recognizance 
pending further proceedings. 
§1812.  Court hearing on probation revocation 
1.  Place of hearing.  The hearing on a motion to revoke probation must be held in 
the court that sentenced the person to probation in either the county or division in which 
the person resides or is incarcerated, unless the court orders otherwise in the interests of 
justice.  A motion for revocation of probation need not be heard by the justice or judge 
who originally imposed probation, but may be heard by any justice or judge. 
2.  Hearing procedure.  If a hearing is held, the person on probation must be given 
the opportunity to confront and cross-examine witnesses against the person, to present 
evidence on that person's own behalf and to be represented by counsel.  If the person 
cannot afford counsel, the court shall appoint counsel for the person.  Assignment of 
counsel, to the extent not covered in this subsection, and withdrawal of counsel must be 
in accordance with the Maine Rules of Unified Criminal Procedure. 
3.  Commission of new crime while on probation.  When the alleged violation 
constitutes a crime for which the person on probation has not been convicted, the court 
may revoke probation if it finds by a preponderance of the evidence that the person 
committed the crime. If the person is subsequently convicted of the crime, or any other 
crime or crimes arising out of the same conduct, sentencing is subject to the requirements 
of section 1608. If concurrent terms of imprisonment are imposed and the terms do not 
commence on the same date, any time served as a result of the probation revocation must 
be deducted from the time the person is required to serve as a result of the new 
conviction. 
4.  Failure to comply with requirement of probation.  If the alleged violation does 
not constitute a crime and the court finds by a preponderance of the evidence that the 
person on probation has inexcusably failed to comply with a requirement imposed as a 
condition of probation, it may revoke probation. 
5.  Conviction for new crime while on probation.  If a person on probation is 
convicted of a new crime during the period of probation, the court may sentence that 
person for the crime and revoke probation.  If the person has been sentenced for the new 
crime and probation revocation proceedings are subsequently commenced, the court that 
conducts the revocation hearing may revoke probation. Sentencing for the multiple 
offenses is subject to section 1608. If concurrent terms of imprisonment are imposed and 
the terms do not commence on the same date, any time served as a result of the new 
conviction must be deducted from the time the person is required to serve as a result of 
the probation revocation. 
6.  Authority of court finding violation of probation.  Upon a finding of a violation 
of probation, the court may vacate all, part or none of the suspension of execution as to 
imprisonment or fine specified when probation was granted, considering the nature of the 
violation and the reasons for granting probation. The remaining portion of the sentence 
for which suspension of execution is not vacated upon the revocation of probation 
remains suspended and is subject to revocation at a later date. During the service of that 
portion of the sentence imposed for which the suspension of execution was vacated upon 
revocation, the running of the period of probation must be interrupted and resumes again 
upon release.  If the court finds a violation of probation but vacates none of the suspended 
sentence, the running of the period of probation resumes upon entry of that final 
disposition.  The court may nevertheless revoke probation and vacate the suspension of 
execution as to the remainder of the suspended sentence or a portion thereof for any 
criminal conduct committed during the service of that portion of the sentence for which 
the suspension of execution was vacated upon revocation. 
7.  Tolling of period of probation; conditions of probation continue in effect.  The 
running of the period of probation is tolled upon either the delivery of the summons, the 
filing of the written notice with the court that the person cannot be located or the arrest of 
the person.  If the motion is dismissed or withdrawn, or if the court finds no violation of 
probation, the running of the period of probation is deemed not to have been tolled.  The 
conditions of probation continue in effect during the tolling of the running of the period 
of probation, and any violation of a condition subjects the person to a revocation of 
probation pursuant to the provisions of this subchapter. 
8.  Disposition agreement by parties in return for admission of probation 
violation.  If the attorney for the State and the attorney for the person on probation or the 
person on probation reach agreement that, in return for an admission of a violation of 
probation, the attorney for the State will dismiss other charges or the attorney for the 
State will not oppose the requested disposition requested by the person or the attorney for 
the State will recommend a particular disposition or both sides will recommend a 
particular disposition, and the court at the time of disposition intends to enter a 
disposition less favorable to the person than that recommended, the court shall on the 
record: 
A.  Inform the parties of this intention; 
B.  Advise the person personally in open court that the court is not bound by the 
recommendation; 
C.  Advise the person that if the person does not withdraw the admission, the 
disposition of the motion will be less favorable to the person than that recommended; 
and 
D.  Give the person the opportunity to withdraw the admission. 
The court shall, if possible, inform the person of the intended disposition. 
9.  Deduction of time for detention pending revocation proceeding.  Whenever a 
person is detained in any correctional facility or county jail pending a probation 
revocation proceeding, and not in execution of any other sentence of confinement, that 
period of detention must be deducted from the time the person is required to serve under 
that portion of the sentence for which the suspension of execution was vacated as a result 
of the probation revocation.  A person who is simultaneously detained for conduct for 
which the person receives a consecutive term of imprisonment is not entitled to receive a 
day-for-day deduction from the consecutive term of imprisonment for the period of 
simultaneous detention except for any period of detention that is longer than the prior 
term of imprisonment. 
10.  Respecification of place of imprisonment following vacation of suspension of 
sentence.  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 for both the portion 
required to be served and any remaining suspended portion, if necessary, to carry out the 
intent of section 1805, subsection 1. 
11.  Effect of vacating suspension while person in execution of unsuspended 
portion of sentence.  If a probation revocation proceeding results in the court vacating a 
part of the suspension of execution as to imprisonment while the person is in execution of 
the initial unsuspended portion of the sentence, the portion of imprisonment to be served 
as a result of the vacating commences only after the initial unsuspended portion of 
imprisonment has been fully served.  If separate probation revocation proceedings result 
in the vacating of 2 or more parts of the suspension of execution as to imprisonment on 
the same sentence, the portions to be served must be served successively. 
§1813.  Review 
1.  Discretionary appeal to Law Court.  Review of a revocation of probation 
pursuant to section 1812 must be by appeal to the Law Court.  A person whose probation 
is revoked may not appeal as of right.  The time for taking the appeal and the manner and 
any conditions for the taking of the appeal are as the Supreme Judicial Court provides by 
rule. 
2.  Assignment and withdrawal of counsel.  Assignment and withdrawal of counsel 
for an appeal under this section must be in accordance with the Maine Rules of Unified 
Criminal Procedure. 
§1814.  Additional conditions in lieu of probation revocation proceedings 
Whenever a probation officer has probable cause to believe that a person under the 
supervision of that probation officer has violated a condition of probation but the 
violation does not constitute a crime, the probation officer, instead of commencing a 
probation revocation proceeding under section 1809, may offer to the person the option of 
adding one or more of the following conditions to the person's probation: 
1.  Participation in public restitution program or treatment program.  The 
person will participate in a public restitution program or treatment program administered 
through a correctional facility or county jail; or 
2.  Residence at correctional facility.  The person will reside at a correctional 
facility or county jail for a period of time not to exceed 90 days. 
If the person agrees in writing to the additional conditions under subsection 1 or 2, 
the conditions must be implemented.  If the person does not agree or if the person fails to 
fulfill the additional conditions to the satisfaction of the probation officer, the probation 
officer may commence probation revocation proceedings under section 1809 or 1810 for 
the violation that the probation officer had probable cause to believe occurred.  If the 
person fulfills the additional conditions to the satisfaction of the probation officer, the 
probation officer shall so notify the person in writing and the probation officer may not 
commence probation revocation proceedings for the violation that the probation officer 
had probable cause to believe occurred. 
SUBCHAPTER 2 
ADMINISTRATIVE RELEASE 
§1851.  Eligibility for sentencing alternative that includes period of administrative 
release; exceptions 
The court may sentence a person who has been convicted of a Class D or Class E 
crime or a Class C crime under Title 29-A, former section 2557, section 2557-A or 
section 2558 to a sentencing alternative under section 1502, subsection 2, paragraphs I, J 
and K for an individual and section 1502, subsection 7, paragraph E for an organization, 
unless: 
1.  Sentencing alternative includes probation.   The court sentences the person to a 
sentencing alternative under section 1502 that includes a period of probation; or 
2.  Sentencing alternative diminishes gravity of crime.  The court finds that such a 
sentence would diminish the gravity of the crime for which that person was convicted. 
§1852.  Period of administrative release 
1.  Time limit.  A period of administrative release imposed pursuant to this 
subchapter may not exceed one year. 
2.  Modification of requirements.  During the period of administrative release and 
upon application of a person placed on administrative release or of the attorney for the 
State or upon the court's own motion, the court, after notice to the attorney for the State 
and the person and a hearing, may modify the requirements imposed by the court, add 
further requirements or release the person of any requirement imposed by the court that, 
in the court's opinion, imposes on the person an unreasonable burden. 
3.  Inability to meet requirement; duty on person to bring motion.  During the 
period of administrative release, if the person cannot meet a requirement of 
administrative release imposed by the court, the person shall bring a motion pursuant to 
subsection 2. 
4.  Termination by court.  On application of the attorney for the State or of the 
person placed on administrative release or on the court's own motion, the court may 
terminate a period of administrative release and discharge the person at any time earlier 
than that provided in the sentence made pursuant to subsection 1 if warranted by the 
conduct of the person.  The court may not order a termination of the period of 
administrative release and discharge upon the motion of the person placed on 
administrative release unless notice of the motion is given to the attorney for the State by 
the person placed on administrative release.  The termination of the period of 
administrative release and discharge relieves the person placed on administrative release 
of any obligations imposed by the sentence of administrative release. 
5.  Termination to prevent delay of consecutive term of imprisonment.  The 
court, in order to comply with section 1608, subsection 7, may terminate a period of 
administrative release that would delay commencement of a consecutive unsuspended 
term of imprisonment. 
§1853.  Suspended sentence with administrative release 
1.  Suspension of term of imprisonment accompanied by administrative release.  
The court may sentence a person to a term of imprisonment not to exceed the maximum 
term authorized for a Class D or Class E crime or the Class C crime under Title 29-A, 
former section 2557, section 2557-A or section 2558, suspend the term of imprisonment 
in whole or in part and accompany the suspension with a period of administrative release. 
2.  Suspension of fine accompanied by administrative release.  The court may 
sentence a person to a fine, not to exceed the maximum fine authorized for a Class D or 
Class E crime or the Class C crime under Title 29-A, former section 2557, section 
2557-A or section 2558, suspend the fine in whole or in part and accompany the 
suspension with a period of administrative release. 
§1854.  Requirements of administrative release 
If the court imposes a suspended sentence with administrative release under section 
1853, the court shall attach requirements of administrative release, as authorized by this 
section, as the court determines to be reasonable and appropriate to help ensure 
accountability and rehabilitation of the person. 
1.  Mandatory requirements.  The court-imposed requirements of administrative 
release must include a requirement that the person refrain from criminal conduct and that 
the person pay all assessments, surcharges, other fees and costs required by law. 
2.  Discretionary requirements.  In addition to the requirements in subsection 1, the 
court in its sentence may require the person: 
A.  To pay to the appropriate county an administrative supervision fee of not more 
than $50 per month, as determined by the court, for the term of the administrative 
release.  In determining the amount of the fee, the court shall take into account the 
financial resources of the person and the nature of the burden its payment imposes.  
When a person fails to pay the administrative supervision fee, the court may revoke 
administrative release as provided in sections 1855 and 1856 unless the person shows 
that failure to pay was not attributable to a willful refusal to pay or to a failure on that 
person's part to make a good faith effort to obtain the funds required for the payment; 
B.  To pay a fine imposed by the court as part of the sentence; 
C.  To make restitution to each victim of the crime imposed by the court as part of the 
sentence; 
D.  To perform community service work imposed by the court as part of the sentence; 
or 
E.  To satisfy any requirement reasonably related to helping ensure the accountability 
and rehabilitation of the person. 
3.  Opportunity to address court regarding requirements; written statement of 
requirements to be provided.  The person must be given an opportunity to address the 
court on the requirements that are proposed to be attached pursuant to subsections 1 and 2 
and must, after the sentencing, be given a written statement setting forth the specific 
requirements on which the person is being administratively released. 
§1855.  Commencement of administrative release revocation proceeding 
1.  Motion to revoke administrative release.  If during the period of administrative 
release the attorney for the State has probable cause to believe that the person placed on 
administrative release has violated a requirement of administrative release, the attorney 
for the State may file a motion with the court seeking to revoke administrative release.  
The motion must set forth the facts underlying the alleged violation. 
2.  Summons.  A summons may be used to order a person who was placed on 
administrative release to appear on a motion to revoke that person's administrative 
release. 
3.  Initial appearance.  A person placed on administrative release appearing on a 
motion to revoke administrative release pursuant to a summons must be afforded an 
initial appearance as provided in section 1811, subsection 4. 
4.  Failure to appear following service of summons.  If a person placed on 
administrative release fails to appear in court after having been served with a summons, 
the court may issue a warrant for the arrest of the person.  After arrest of the person, the 
court shall afford the person an initial appearance as provided in section 1811, subsection 
4; if the person is retained in custody, section 1811, subsection 3 also applies. 
5.  Arrest of person for violation of requirement of administrative release; copy 
of motion to be furnished; timing of initial appearance.   If during the period of 
administrative release the attorney for the State has probable cause to believe that the 
person placed on administrative release has violated a requirement of administrative 
release, the attorney for the State may apply for a warrant for the arrest of the person or 
request that a warrantless arrest be made of the person pursuant to section 15, subsection 
1, paragraph A, subparagraph (15).  The court shall provide the person with an initial 
appearance on the revocation of administrative release within 5 days after arrest unless 
the person is released before that.  A copy of the motion must be furnished to the person 
prior to or at the initial appearance.  The initial appearance is governed by section 1811, 
subsection 4.  Bail is governed by section 1811, subsections 5 and 6. 
§1856.  Court hearing on administrative release revocation 
The hearing on a motion to revoke administrative release is governed by section 
1812. 
§1857.  Review 
Review of a revocation of administrative release pursuant to section 1856 must be by 
appeal, as provided under section 1813. 
SUBCHAPTER 3 
SUPERVISED RELEASE FOR SEX OFFENDERS 
§1881.  Inclusion of period of supervised release after imprisonment 
1.  Mandatory imposition of supervised release.  If a person is convicted of gross 
sexual assault with a person who has not yet attained 12 years of age, in violation of 
section 253, subsection 1, paragraph C, the court, in addition to imposing as part of the 
sentence a definite term of imprisonment in accordance with section 253-A, subsection 2, 
shall impose as part of the sentence a period of supervised release of up to life to 
immediately follow that imprisonment.  The period of supervised release commences on 
the date the person is released from confinement pursuant to section 2314 and must 
include the best available monitoring technology for the full period of supervised release. 
2.  Discretionary imposition of supervised release.  If a person is convicted of 
gross sexual assault in violation of any provision of section 253 other than section 253, 
subsection 1, paragraph C, the court, if it imposes as part of the sentence a definite term 
of imprisonment that does not include a period of probation, also may impose as part of 
the sentence a period of supervised release to immediately follow that imprisonment.  The 
period of supervised release commences on the date the person is released from 
confinement pursuant to section 2314. 
If a person has been convicted of violating any provision of section 253 other than section 
253, subsection 1, paragraph C, the authorized period of supervised release is: 
A.  Any period of years for a person sentenced as a repeat sexual assault offender 
pursuant to section 253-A, subsection 1; and 
B.  For a person not sentenced under section 253-A, subsection 1 or 2, a period not to 
exceed 10 years for a Class A violation of section 253 and a period not to exceed 6 
years for a Class B or Class C violation of section 253. 
3.  Modification of requirements.  During the period of supervised release specified 
in the sentence made pursuant to subsections 1 and 2, and upon application of a person on 
supervised release or the person's probation officer, or upon the court's own motion, the 
court, after notice to the probation officer and the person on supervised release and a 
hearing, may modify the requirements imposed by the court, add further requirements 
authorized by section 1882 or relieve the person on supervised release of any requirement 
imposed by the court that, in its opinion, imposes on the person an unreasonable burden. 
4.  Ex parte modification of requirements for immediate necessity.  
Notwithstanding subsection 3, the court may grant, ex parte, a motion brought by the 
probation officer of the person on supervised release to add further requirements if the 
court determines that all reasonable efforts have been made to give written or oral notice 
to the person on supervised release and the requirements are immediately necessary to 
protect the safety of an individual or the public.  Any requirements added pursuant to an 
ex parte motion do not take effect until written notice of the requirements, along with 
written notice of the scheduled date, time and place when the court will hold a hearing on 
the added requirements, is given to the person on supervised release. 
5.  Termination by court.  On application of the person on supervised release or the 
person's probation officer, or on the court's own motion, and if warranted by the conduct 
of the person, the court may terminate a period of supervised release and discharge the 
person at any time earlier than that provided in the sentence made pursuant to subsections 
and 2.  A termination and discharge may not be ordered unless notice of the motion is 
given to the probation officer and the attorney for the State.  A termination and discharge 
relieves the person on supervised release of any obligations imposed by the sentence of 
supervised release. 
6.  Termination to prevent delay of consecutive term of imprisonment.  The 
court, in order to comply with section 1608, subsection 7, may terminate a period of 
supervised release that would delay commencement of a consecutive unsuspended term 
of imprisonment. 
7.  Revoked period of supervised release to be served in prison.  The court may 
revoke a period of supervised release pursuant to section 1883 for any ground specified in 
subsection 8.  If the court revokes a period of supervised release, the court shall require 
the person to serve time in prison under the custody of the Department of Corrections.  
This time in prison may equal all or part of the period of supervised release, without 
credit for time served on post-release supervision.  The remaining portion of the period of 
supervised release that is not required to be served in prison, if any, may not run during 
the time in prison and must resume again after the person's release and is subject to 
revocation at a later date. 
8.  Grounds for revocation.  The court may revoke a period of supervised release 
for: 
A.  A violation of supervised release; 
B.  Criminal conduct committed during the term of imprisonment; or 
C.  Refusal during the term of imprisonment to actively participate, when requested 
to do so by the Department of Corrections, in a sex offender treatment program in 
accordance with the expectations and judgment of the treatment providers. 
§1882.  Conditions of supervised release 
If the court imposes a sentence that includes a period of supervised release, it shall set 
conditions of supervised release.  The conditions of release that apply to probation under 
section 1807 apply to conditions of supervised release.  The court may also set conditions 
of supervised release that it determines to be reasonable and appropriate to manage the 
person's behavior. 
§1883.  Revocation procedures 
The procedures, rights and responsibilities that apply to probation revocation under 
sections 1809 to 1812, including bail under section 1811, subsections 5 and 6 and 
appellate review of revocation under section 1813, apply to revocation of supervised 
release. 
SUBCHAPTER 4 
DEFERRED DISPOSITION 
§1901.  Eligibility for deferred disposition 
A person who has pleaded guilty to a Class C, Class D or Class E crime and who 
consents to a deferred disposition in writing is eligible for a deferred disposition. 
§1902.  Deferred disposition 
1.  Authority of court to order deferment and impose requirements; 
administrative supervision fee.  Following the acceptance of a plea of guilty for a crime 
for which a person is eligible for a deferred disposition under section 1901, the court may 
order sentencing deferred to a date certain or determinable and impose requirements upon 
the person, to be in effect during the period of deferment, considered by the court to be 
reasonable and appropriate to assist the person to lead a law-abiding life.  The court-
imposed deferment requirements must include a requirement that the person refrain from 
criminal conduct and may include a requirement that the person pay to the appropriate 
county an administrative supervision fee of not more than $50 per month, as determined 
by the court, for the term of the deferment.  In determining the amount of the fee, the 
court shall take into account the financial resources of the person and the nature of the 
burden its payment imposes.  In exchange for the deferred sentencing, the person shall 
abide by the court-imposed deferment requirements.  Unless the court orders otherwise, 
the requirements are immediately in effect. 
2.  Modification of requirements.  During the period of deferment and upon 
application of the person granted deferred disposition pursuant to subsection 1 or of the 
attorney for the State or upon the court's own motion, the court may, after a hearing upon 
notice to the attorney for the State and the person, modify the requirements imposed by 
the court, add further requirements or relieve the person of any requirement imposed by 
the court that, in the court's opinion, imposes an unreasonable burden on the person. 
3.  Inability to meet requirement; duty on person to bring motion.  During the 
period of deferment, if the person cannot meet a deferment requirement imposed by the 
court, the person shall bring a motion pursuant to subsection 2. 
4.  Determination of date of conviction; bail.  For purposes of a deferred 
disposition, a person is deemed to have been convicted when the court imposes the 
sentence.  Notwithstanding Title 15, chapter 105-A, subchapter 3, prior to sentence 
imposition, preconviction bail applies to the person. 
5.  Preferred disposition in prosecution for possession of schedule W drug.  A 
deferred disposition is a preferred disposition in a prosecution for possession of schedule 
W drugs under section 1107-A, subsection 1, paragraphs B and B-1. 
§1903.  Court hearing as to final disposition 
1.  Final disposition following period of deferment.  Unless a court hearing is 
sooner held under subsection 3, and except as provided in subsection 2, at the conclusion 
of the period of deferment, after notice, a person who was granted deferred disposition 
pursuant to section 1902 shall return to court for a hearing on final disposition.  If the 
person demonstrates by a preponderance of the evidence that the person has complied 
with the court-imposed deferment requirements, the court shall impose a sentencing 
alternative authorized for the crime to which the person pled guilty and consented to in 
writing at the time sentencing was deferred or as amended by agreement of the parties in 
writing prior to sentencing, unless the attorney for the State, prior to sentence imposition, 
moves the court to allow the person to withdraw the plea of guilty.  Except over the 
objection of the person, the court shall grant the State's motion.  If the court grants the 
State's motion, the attorney for the State shall dismiss the pending charging instrument 
with prejudice.  If the court finds that the person has inexcusably failed to comply with 
the court-imposed deferment requirements, the court shall impose a sentencing alternative 
authorized for the crime to which the person pled guilty. 
2.  Consensual withdrawal of guilty plea by parties.  Notwithstanding subsection 
1, if at the conclusion of the period of deferment and prior to sentence imposition the 
attorney for the State in writing moves the court to allow the person to withdraw the plea 
of guilty and the person in writing agrees to such withdrawal, the court may, without a 
hearing on final disposition and in the absence of the person, grant the attorney for the 
State's motion and allow the person to withdraw the plea.  Following such court action, 
the attorney for the State shall dismiss the pending charging instrument with prejudice. 
3.  Violation of deferment requirement.  If during the period of deferment the 
attorney for the State has probable cause to believe that a person who was granted 
deferred disposition pursuant to section 1902 has violated a court-imposed deferment 
requirement, the attorney for the State may move the court to terminate the remainder of 
the period of deferment and impose sentence.  Following notice and hearing, if the 
attorney for the State proves by a preponderance of the evidence that the person has 
inexcusably failed to comply with a court-imposed deferment requirement, the court may 
continue the running of the period of deferment with the requirements unchanged, modify 
the requirements, add further requirements or terminate the running of the period of 
deferment and impose a sentencing alternative authorized for the crime to which the 
person pled guilty.  When a person fails to pay an administrative supervision fee imposed 
under section 1902, subsection 1, the court may terminate the running of the period of 
deferment and impose sentence unless the person shows that failure to pay was not 
attributable to a willful refusal to pay or to a failure on that person's part to make a good 
faith effort to obtain the funds required for the payment.  If the court finds that the person 
has not inexcusably failed to comply with a court-imposed deferment requirement, the 
court may order that the running of the period of deferment continue or, after notice and 
hearing, take any other action permitted under this subchapter. 
4.  Place of hearing.  A hearing under this section or section 1902 must be held in 
the court that ordered the deferred disposition.  The hearing need not be conducted by the 
justice or judge who originally ordered the deferred disposition. 
5.  Rights of person at hearing.  The person at a hearing under this section or 
section 1902 must be given the opportunity to confront and cross-examine witnesses 
against the person, to present evidence on that person's own behalf and to be represented 
by counsel.  If the person who was granted deferred disposition pursuant to section 1902 
cannot afford counsel, the court shall appoint counsel for the person.  Assignment of 
counsel and withdrawal of counsel must be in accordance with the Maine Rules of 
Unified Criminal Procedure. 
6.  Summons to appear at hearing; failure to appear.  A summons may be used to 
order a person who was granted deferred disposition pursuant to section 1902 to appear 
for a hearing under this section.  If the person fails to appear after having been served 
with a summons, the court may issue a warrant for the arrest of the person. 
7.  Authority of attorney for State regarding violation of condition of deferment.  
If during the period of deferment the attorney for the State has probable cause to believe 
that a person who was granted deferred disposition pursuant to section 1902 has violated 
a court-imposed deferment requirement, the attorney for the State may apply for a 
warrant for the arrest of the person or request that a warrantless arrest be made of the 
person pursuant to section 15, subsection 1, paragraph A, subparagraph (17). 
§1904.  Limited review by appeal 
A person may not attack the legality of a deferred disposition, including a final 
disposition, except that a person who has been determined by a court to have inexcusably 
failed to comply with a court-imposed deferment requirement and thereafter has been 
sentenced to an alternative authorized for the crime may appeal to the Law Court, but not 
as of right.  The time for taking the appeal and the manner and any conditions for the 
taking of the appeal are as the Supreme Judicial Court provides by rule. 
CHAPTER 69 
RESTITUTION 
§2001.  Purpose 
The Legislature finds and declares that the victims of crimes often suffer losses 
through no fault of their own and for which there is no compensation. It also finds that 
repayment, in whole or in part, by the offender to the victim of the offender's crime can 
operate to rehabilitate the offender in certain instances. It is the purpose of this chapter to 
encourage the compensation of victims by the person most responsible for the loss 
incurred by the victim, the offender. Restitution by the offender can serve to reinforce the 
offender's sense of responsibility for the offense, to provide the offender the opportunity 
to pay the offender's debt to society and to the offender's victim in a constructive manner 
and to ease the burden of the victim as a result of the criminal conduct. 
The Legislature recognizes that a crime is an offense against society as a whole, not 
only against the victim of the crime, and that restitution for victims is therefore ancillary 
to the central objectives of the criminal law. It intends restitution to be applied only when 
other purposes of sentencing can be appropriately served. 
The Legislature does not intend the use of restitution to result in preferential 
treatment for offenders with substantial financial resources. 
§2002.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following words 
have the following meanings. 
1.  Collateral source.  "Collateral source" means a source of benefits or advantages 
for economic loss resulting from a crime, which the victim has received, or which is 
readily available to the victim from:  
A.  The Government of the United States or any agency thereof, a state or any of its 
political subdivisions or an instrumentality of 2 or more states unless the law 
providing for the benefits or advantages makes them excess or secondary to benefits 
under this chapter; 
B.  Social security, Medicare and Medicaid; 
C.  Workers' compensation; 
D.  Wage continuation programs of any employer; 
E.  Proceeds of a contract of insurance payable to the victim for loss that the victim 
sustained because of the criminal conduct; or 
F.  A contract providing prepaid hospital and other health care services or benefits for 
disability. 
2.  Dependent.  "Dependent" means an individual who is wholly or partially 
dependent upon the victim for care or support and includes a child of the victim born after 
the victim's death. 
3.  Economic loss.  "Economic loss" includes economic detriment consisting of 
environmental clean-up expense, property loss, allowable expense, work loss, 
replacement services loss and, if injury causes death, dependent's economic loss and 
dependent's replacement services loss. Noneconomic detriment is not loss. Economic 
detriment is loss although caused by pain and suffering or physical impairment.  
"Economic loss" includes expenses of an emergency response by any public agency and 
critical investigation expenses. 
A.  "Allowable expense" means reasonable charges incurred for reasonably needed 
products, services and accommodations, including those for medical care, 
rehabilitation, rehabilitative occupational training, counseling services and other 
remedial treatment and care, and nonmedical remedial care and treatment rendered in 
accordance with a recognized religious method of healing.  The term includes 
reasonable and customary charges incurred for expenses in any way related to 
funeral, cremation and burial.  It does not include that portion of a charge for a room 
in a hospital, clinic, convalescent or nursing home, or any other institution engaged in 
providing nursing care and related services, in excess of a reasonable and customary 
charge for semiprivate accommodations, unless other accommodations are medically 
required. 
B.  "Critical investigation expense" means a necessary expense incurred by a 
government or by a victim while investigating or prosecuting suspected criminal 
conduct.  "Critical investigation expense" is limited to the cost of an audit or other 
financial analysis when that analysis is necessary to determine whether and to what 
extent a victim has suffered financial harm from criminal conduct by an employee or 
other person in a position of trust and the cost of analysis of suspected illegal drugs. 
C.  "Dependent's economic loss" means loss after a decedent's death of contributions 
of things of economic value to the decedent's dependents, not including services they 
would have received from the decedent if the decedent had not suffered the fatal 
injury, less expenses of the dependents avoided by reason of decedent's death. 
D.  "Dependent's replacement loss" means loss reasonably incurred by dependents 
after a decedent's death in obtaining ordinary and necessary services in lieu of those 
the decedent would have performed for their benefit if the decedent had not suffered 
the fatal injury, less expenses of the dependents avoided by reason of the decedent's 
death and not subtracted in calculating dependent's economic loss. 
E.  "Environmental clean-up expense" means any reasonable expense incurred for 
products and services needed to clean up any harm or damage caused to the 
environment, including any harm or damage caused by chemicals; to restore the 
environment to its previous condition prior to any harm or damage; and to properly 
dispose of chemicals and other materials, including those used in the manufacture of 
scheduled drugs in violation of chapter 45.  
F.  "Expense of an emergency response" means reasonable costs incurred by a public 
agency in reasonably making an appropriate emergency response to the incident, 
including a response to a suspected unlawful methamphetamine laboratory under 
section 1124, but only includes those costs directly arising because of the response to 
the particular incident.  Reasonable costs include the costs of providing police, 
firefighting, rescue and emergency medical services at the scene of the incident, as 
well as the compensation for the personnel, including trained laboratory personnel, 
responding to the incident.  "Public agency" means the State or any county, 
municipality, district or public authority located, in whole or in part, within this State 
that provides or may provide laboratory services or police, firefighting, ambulance or 
other emergency services. 
G.  "Property loss" means the value of property taken from the victim, or of property 
destroyed or otherwise broken or harmed.  A property loss includes the value of taxes 
or other obligations due to the government that have not been paid.  "Property loss" 
also includes, in cases involving a violation of chapter 45, the value of money or 
other consideration given or offered in exchange for scheduled drugs by a law 
enforcement officer or another at the direction of a law enforcement officer that are 
not, in fact, recovered by the State at the time of sentencing, regardless of whether 
other money or items of value are sought, acquired or forfeited pursuant to Title 15, 
chapter 517.  In cases involving a violation of chapter 45, the court must make a 
finding that the property loss is specifically related to that case. 
H.  "Replacement services loss" means expenses reasonably incurred in obtaining 
ordinary and necessary services in lieu of those the injured person would have 
performed, not for income but for the benefit of the injured person or the injured 
person's family, if the injured person had not been injured. 
I.  "Work loss" means loss of income from work the injured person would have 
performed if the injured person had not been injured and expenses reasonably 
incurred by the injured person in obtaining services in lieu of those the injured person 
would have performed for income, reduced by any income for substitute work 
actually performed by the injured person or by income the injured person would have 
earned in available appropriate substitute work the injured person was capable of 
performing but unreasonably failed to undertake.  For a victim of a human trafficking 
offense as defined in Title 5, section 4701, subsection 1, paragraph C, "work loss" 
includes pay or benefits unfairly or illegally withheld from the victim by the offender 
or any unfair labor agreement under Title 26, section 629, as defined by rules adopted 
by the Department of Labor. 
4.  Noneconomic detriment.  "Noneconomic detriment" means pain, suffering, 
inconvenience, physical impairment and other nonpecuniary damage. 
5.  Offender.  "Offender" means an individual or an organization convicted of a 
crime. 
6.  Restitution.  "Restitution" means: 
A.  Monetary reimbursement, in whole or in part, for economic loss; 
B.  Work or service provided to a victim for economic loss; or 
C.  Any combination of service or monetary reimbursement by an offender to the 
victim of the offender's crime or to other authorized claimants, either directly or 
indirectly. 
7.  Victim.  "Victim" means a government that suffers economic loss or a person who 
suffers personal injury, death or economic loss as a result of a crime or the good faith 
effort of any person to prevent a crime. 
§2003.  Mandatory consideration of restitution 
1.  Inquiry as to victim's financial loss.  The court shall, whenever practicable, 
inquire of a prosecutor, law enforcement officer or victim with respect to the extent of the 
victim's financial loss and shall order restitution when appropriate. The order for 
restitution must designate the amount of restitution to be paid and the person or persons 
to whom the restitution must be paid. 
2.  Reasons for not imposing restitution.  In any case where the court determines 
that restitution should not be imposed in accordance with the criteria set forth in section 
2005, the court shall state in open court or in writing the reasons for not imposing 
restitution. 
3.  Restitution required.  In any prosecution for a crime committed prior to the 
effective date of this chapter, or any amendment to this chapter, the court may, with the 
consent of the defendant, require the defendant to make restitution in accordance with this 
chapter as amended. 
§2004.  Authorized claimants 
Restitution may be authorized for: 
1.  Victim.  The victim or a dependent of a deceased victim; 
2.  County.  The county where the offense was prosecuted if the victim voluntarily 
refuses restitution or if the identity of the victim cannot be ascertained; 
3.  Person providing recovery.  Any person, firm, organization, corporation or 
government entity that has provided recovery to the victim as a collateral source, but only 
to the extent that such recovery was actually made; and 
4.  Person acting on behalf of victim.  Any person legally authorized to act on 
behalf of the victim. 
§2005.  Criteria for restitution 
1.  Restitution authorized.  Restitution may be authorized, in whole or in part, as 
compensation for economic loss. In determining the amount of restitution authorized, the 
following must be considered: 
A.  The contributory misconduct of the victim; 
B.  Failure to report the crime to a law enforcement officer within 72 hours after its 
occurrence, without good cause for failure to report within that time; and 
C.  The present and future financial capacity of the offender to pay restitution. 
2.  Restitution not authorized.  Restitution is not authorized:  
A.  To a victim without that victim's consent; 
B.  To a victim who is an accomplice of the offender; 
C.  To a victim who has otherwise been compensated from a collateral source, but 
economic loss in excess of the collateral compensation may be authorized; and 
D.  When the amount and method of payment of monetary restitution or the 
performance of service restitution creates an excessive financial hardship on the 
offender or dependent of the offender. In making this determination, all relevant 
factors must be considered, including, but not limited to, the following: 
(1)  The number of the offender's dependents; 
(2)  The minimum living expenses of the offender and the offender's dependents; 
(3)  The special needs of the offender and the offender's dependents, including 
necessary travel expense to and from work; 
(4)  The offender's present income and potential future earning capacity; and 
(5)  The offender's resources, from whatever source. 
3.  Exception.  The provisions of subsection 2, paragraph D do not apply to an 
offender that is an organization. 
4.  Burdens of proof.  An offender who asserts a present or future incapacity to pay 
restitution has the burden of proving the incapacity by a preponderance of the evidence.  
On appeal of a restitution order, the offender has the burden of demonstrating that the 
incapacity was proven as a matter of law. 
§2006.  Time and method of restitution 
When restitution is authorized, and the offender is not committed to the Department 
of Corrections and does not receive a sentence that includes a period of probation, the 
time and method of payment or of the performance of the services must be specified by 
the court and monetary compensation may be ordered paid to the office of the prosecuting 
attorney who is prosecuting the case or to the clerk of the court.  If the offender is 
committed to the Department of Corrections or receives a sentence that includes a period 
of probation, monetary compensation must be paid to the Department of Corrections and 
the time and method of payment must be determined by the Department of Corrections 
during the term of commitment or the period of probation unless at the time of sentencing 
the court has specified the time and method of payment.  Once any term of commitment 
to the Department of Corrections or period of probation is completed and if the restitution 
ordered has not been paid in full, the offender is subject to the provisions of section 2011 
and, in the event of a default, the provisions of section 2015.  The state agency receiving 
the restitution shall deposit any money received in the account maintained by the 
Treasurer of State for deposit of state agency funds, from which funds are daily 
transferred to an investment account and invested.  Interest accrued on that money is the 
property of and accrues to the State for deposit in the General Fund.  The agency 
receiving the restitution shall make the disbursement to the victim or other authorized 
claimant as soon as possible after the agency receives the money. 
§2007.  Income withholding order 
1.  Instructions for employer.  When restitution is required of an offender who will 
not be commencing service of a period of institutional confinement, who does not receive 
a sentence that includes a period of probation and who is employed, the court shall, at the 
time of ordering restitution, enter a separate order for income withholding.  When 
restitution is required of an offender who receives a sentence that includes a period of 
probation and who is employed, upon application of the offender's probation officer, the 
court shall enter a separate order for income withholding.  The withholding order must 
direct the employer to deduct from all income due and payable to the offender an amount 
determined pursuant to section 2006 to meet the offender's restitution obligation.  The 
withholding order must include an instruction to the employer that upon receipt of a copy 
of the withholding order the employer shall: 
A.  Immediately begin to withhold the offender's income when the offender is usually 
paid; 
B.  Send each amount withheld to the agency to which restitution has been ordered to 
be paid at the address set forth in the order within 7 business days of the withholding; 
and 
C.  Identify each amount sent to the agency by indicating the court's docket number. 
2.  Term of order.  The income withholding order is effective as long as the order for 
restitution upon which it is based is effective, including after a defendant is no longer in 
the custody or under the supervision of the Department of Corrections and has not paid 
the restitution in full as described in section 2011, or until further order of the court. 
§2008.  Deceased victims 
An offender's obligation to pay restitution is not affected by the death of the victim to 
whom the restitution is due.  The money collected as restitution must be forwarded to the 
estate of the victim. 
§2009.  Victim unable to be located 
If the location of a victim cannot, with due diligence, be ascertained, the money 
collected as restitution must be forwarded to the Treasurer of State to be handled as 
unclaimed property. 
§2010.  Joint and several order 
If the victim's financial loss has been caused by more than one offender, the order 
must designate that the restitution is to be paid on a joint and several basis, unless the 
court specifically determines that one defendant should not equally share the burden.  The 
agency collecting restitution pursuant to a joint and several order may, after the full 
amount of restitution has been collected and disbursed to the victim, continue to collect 
payments from an offender who has not paid an equal share of the restitution and may 
disburse the money collected to any other offender who has paid more than an equal 
share of the restitution. 
§2011.  Former Department of Corrections’ clients owing restitution 
An offender is responsible for paying any restitution outstanding at the time the term 
of commitment to the Department of Corrections or period of probation is completed.  An 
offender who has complied with the time and method of payment of monetary 
compensation determined by the Department of Corrections during the period of 
probation shall continue to make payments to the Department of Corrections in 
accordance with that payment schedule unless modified by the court pursuant to section 
2014 or 2015.  An offender who has not complied with the time and method of payment 
of monetary compensation determined by the Department of Corrections during the 
period of probation must be returned to the court for further disposition pursuant to 
section 2015.  An offender who is unconditionally released and discharged from 
institutional confinement with the Department of Corrections upon the expiration of the 
sentence must, upon application of the office of the attorney for the State, be returned to 
the court for specification by the court of the time and method of payment of monetary 
compensation, which may be ordered paid to the office of the attorney for the State who 
prosecuted the case or to the clerk of the court.  Prior to the offender's release and 
discharge, the Department of Corrections shall provide the office of the attorney for the 
State who prosecuted the case written notice as to the amount of restitution outstanding.  
An income withholding order issued pursuant to section 2007 remains effective and 
enforceable until the restitution is paid in full, even after an offender is no longer in the 
custody or under the supervision of the Department of Corrections. 
§2012.  Restitution deducted from judgment in civil action 
Any restitution ordered and paid must be deducted from the amount of any judgment 
awarded in a civil action brought by the victim against the offender based on the same 
facts. If the restitution ordered and made was work restitution, the reasonable value of the 
services may be deducted from any such judgment. 
§2013.  Post-conviction relief 
If, in any judicial proceeding following conviction, a court issues a final judgment 
invalidating the conviction, the judgment may include an order that any or all of a 
restitution payment that the convicted person paid pursuant to the sentence for that 
conviction be returned to the convicted person. 
§2014.  Modification of restitution 
A convicted person who cannot make restitution payments in the manner ordered by 
the court or determined by the Department of Corrections pursuant to section 2006 shall 
move the court for a modification of the time or method of payment or service to avoid a 
default.  The court may modify its prior order or the determination of the Department of 
Corrections to reduce the amount of each installment or to allow additional time for 
payment or service. 
§2015.  Default 
1.  Return to court. An offender who has been sentenced to make restitution and has 
defaulted in payment or service thereof must be returned to court to explain the failure to 
pay or perform the service. 
2.  Reports.  A probation officer having knowledge of a default in restitution by an 
offender shall report the default to the office of the attorney for the State.  An attorney for 
the State having knowledge of a default in restitution by an offender shall report the 
default to the court.  If the restitution was a condition of probation, the attorney for the 
State may file a motion to enforce payment of restitution or, with the written consent of 
the probation officer, a motion to revoke probation under section 1811.  If the restitution 
was not a condition of probation, the attorney for the State may file a motion to enforce 
payment of restitution. 
3.  Motion to enforce payment of restitution.  Either the attorney for the State or 
the court may initiate a motion to enforce payment of restitution.  Notification for the 
hearing on the motion must be sent by regular mail to the offender's last known address.  
If the offender does not appear for the hearing after proper notification has been sent, the 
court may issue a bench warrant. 
A.  Unless the offender shows by a preponderance of the evidence that the default 
was not attributable to an intentional or knowing refusal to obey the court's order or 
to a failure on the offender's part to make a good-faith effort to obtain the funds 
required to make payment, the court shall find that the default was unexcused and 
may commit the offender to the custody of the sheriff until all or a specified part of 
the restitution is paid.  The length of confinement in a county jail for unexcused 
default must be specified in the court's order and may not exceed one day for every 
$5 of unpaid restitution or 6 months, whichever is shorter. An offender committed for 
nonpayment of restitution is given credit toward the payment of restitution for each 
day of confinement that the offender is in custody, at the rate specified in the court's 
order.  The offender is also given credit for each day that the offender has been 
detained as the result of an arrest warrant issued pursuant to this section.  An offender 
is responsible for paying any restitution remaining after receiving credit for 
confinement and detention.  A default on the remaining restitution is also governed 
by this section. 
B.  If it appears that the default is excusable, the court may give the offender 
additional time for payment or may reduce the amount of each installment. 
C.  The confinement ordered under this subsection must be nonconcurrent with any 
judgment of conviction involving a term of imprisonment. 
4.  Forfeiture of bail.  When an offender who has been sentenced to make restitution 
and has defaulted in payment or service of the restitution is declared in forfeiture of bail 
in the proceeding brought under this section pursuant to Title 15, section 1094, the 
obligation and sureties of the defendant must be enforced pursuant to Title 15, section 
1094 and the district attorney shall use the proceeds to satisfy the offender’s restitution 
obligation.  Any proceeds from the forfeited bail remaining after the offender’s restitution 
obligation has been satisfied must be used in accordance with Title 15, section 224-A, 
subsection 2. 
5.  Collection.  Upon any default, execution may be levied and other measures 
authorized for the collection of unpaid civil judgments may be taken to collect the unpaid 
restitution.  A levy of execution does not discharge an offender confined to a county jail 
under subsection 3 for unexcused default until the full amount of the restitution has been 
collected. 
6.  Organizations.  When restitution is imposed on an organization, the person or 
persons authorized to make disbursements from the assets of the organization shall pay 
the restitution from the organization's assets.  Failure to do so may subject the person or 
persons to court action pursuant to this section. 
7.  Payments.  Payments made pursuant to this section must be made to the same 
agency to which the restitution was required to be paid under section 2006 or section 
2011, except that if the offender is no longer in the custody or under the supervision of 
the Department of Corrections the payments must be made to the office of the attorney 
for the State who prosecuted the case or the clerk of the court, as ordered by the court. 
§2016.  Work program release; restitution 
1.  Work program; payment of restitution and fines.  A prisoner who has been 
ordered to pay restitution or fines may not be released pursuant to a work program 
administered by the Department of Corrections under Title 34-A, section 3035, or a 
sheriff under Title 30-A, section 1605, or participate in an industry program under Title 
34-A, section 1403, subsection 9 or any other program administered by the Department of 
Corrections or a sheriff by which a prisoner is able to generate money, unless the prisoner 
consents to pay at least 25% of the prisoner's gross weekly wages or other money 
generated to the victim or the court until such time as full restitution has been made or the 
fine is paid in full.  The chief administrative officer of the correctional facility where the 
prisoner is incarcerated shall collect and disburse to the victim or victims that portion of 
the prisoner's wages or other money generated agreed to as payment of restitution.  The 
chief administrative officer of the correctional facility where the prisoner is incarcerated 
shall also collect and disburse to the court that portion of the prisoner's wages or other 
money generated agreed to as payment of fines after the restitution is paid in full.  If the 
victim or victims ordered by the court to receive restitution cannot be located, the 
correctional facility shall inform the court that ordered restitution. The court shall 
determine the distribution of these funds. 
2.  Payment of restitution or fines from other sources.  A prisoner, other than one 
addressed by subsection 1, who receives money, from any source, shall pay 25% of that 
money to any victim or the court if the court has ordered that restitution or a fine be paid.  
The chief administrative officer of the correctional facility in which the prisoner is 
incarcerated shall collect and disburse to the victim or victims that portion of the 
prisoner's money ordered as restitution.  The chief administrative officer of the 
correctional facility where the prisoner is incarcerated shall also collect and disburse to 
the court that portion of the prisoner's money ordered as fines after the restitution is paid 
in full.  If the victim or victims ordered by the court to receive restitution cannot be 
located, the correctional facility shall inform the court that ordered restitution. The court 
shall determine the distribution of these funds.  Money received by the prisoner and 
directly deposited into a telephone call account established by the Department of 
Corrections for the sole purpose of paying for use of the department's client telephone 
system is not subject to this subsection, except that 25% of any money received by the 
prisoner and transferred from the telephone call account to the department's general client 
account at the time of the prisoner's discharge or transfer to supervised community 
confinement must be collected and disbursed as provided in this subsection. 
3.  Restitution; absolute.  The requirements imposed on a prisoner by this section to 
pay restitution and fines during incarceration apply regardless of whether: 
A.  The court order to pay restitution or fines constitutes a sentence or is imposed as a 
condition of probation; 
B.  Payment has been stayed in the court order; 
C.  The court has specified a time and method of payment pursuant to section 1708, 
subsection 1 or section 2006; or 
D.  The person's incarceration resulted from a revocation of probation. 
§2017.  Waiver of issue of excessiveness 
If a defendant at the time of sentencing has consented to the imposition by the 
sentencing court of a specific amount of restitution, the defendant is thereafter precluded 
from seeking to attack the legality or propriety of the amount of restitution ordered if that 
amount does not exceed the specific amount consented to by the defendant. 
§2018.  Restitution for benefit of victim 
When compensation is awarded from the Victims' Compensation Fund pursuant to 
Title 5, chapter 316-A, the amount of any restitution ordered to be paid to or for the 
benefit of the victim and collected as part of a sentence imposed must be paid by the 
agency collecting the restitution in an amount not to exceed the amount of the payments 
from the fund, directly to the fund if, when added to the payments from the fund, the 
restitution exceeds the victim's actual loss. 
§2019.  Civil remedy upon default 
Upon the request of the attorney for the State or a person entitled to restitution under 
an order of restitution, the clerk shall enter the order of restitution in the same manner as 
a judgment in a civil action.  When entered under this section, the order of restitution is 
deemed to be a money judgment.  Upon default, the order to make restitution is 
enforceable in accordance with Title 14, chapter 502 by any person entitled to restitution 
under the order. 
CHAPTER 71 
COMMUNITY SERVICE WORK 
§2031.  Sentencing alternative of community service work; authorization 
The court may sentence an individual convicted of a Class D or Class E crime to 
perform a specified number of hours of community service work for the benefit of the 
State, a county, a municipality, a school administrative unit or other public entity, a 
charitable institution or another entity approved by the court. 
§2032.  Modification of community service work 
An individual who has been sentenced to perform a specified number of hours of 
community service work pursuant to section 2031 and who is in danger of default for 
failing to complete the work in the manner ordered by the court shall move the court for a 
modification to avoid the default.  The court may modify its prior order as to the time for 
completion, the nature of the work to be performed or the entity for which the work is to 
be performed. 
§2033.  Default 
1.  Return to court.  An individual who has been sentenced to perform community 
service work pursuant to section 2031 and fails to complete the specified number of hours 
of work in the manner ordered by the court must be returned to the court to explain the 
failure. 
2.  Report of failure.    If the entity for which the court orders an individual to 
perform community service work pursuant to section 2031 knows that the individual has 
failed to meet the requirements of the order, the entity may report the failure to the 
attorney for the State or to the court.  If the attorney for the State knows of the default, the 
attorney for the State shall report the default to the court. 
3.  Motion to enforce sentence or motion to seek coercive or punitive sanction.  
Either the attorney for the State or the court may initiate a motion to enforce completion 
of community service work ordered by the court pursuant to section 2031 or may initiate 
a motion seeking a coercive or punitive sanction for the default as specified in subsection 
4, paragraphs C and D.  The court shall send notification of the hearing on the motion by 
regular mail to the individual’s last known address.  If the individual does not appear for 
the hearing after proper notification has been sent, the court may issue a bench warrant. 
4.  Hearing on motion.  At a hearing under subsection 3, unless the individual who 
has been sentenced to perform community service work shows by a preponderance of the 
evidence that the default was not attributable to an intentional or knowing refusal to obey 
the court’s order or to a failure on the individual's part to make a good faith effort to 
comply with the order, the court shall find that the default was unexcused and may:  
A.  Reaffirm the requirement that the individual complete the community service 
work as previously ordered; 
B.  Modify the original order as to: 
(1)  When the community service work is to be performed; 
(2)  The entity for whom the work is to be performed; or 
(3)  The nature of the work to be performed; 
C.  Impose a coercive sanction by committing the individual to the custody of a 
sheriff until such time as the individual demonstrates to the court a willingness to 
comply with the order.  The commitment imposed pursuant to this paragraph may not 
exceed 6 months; or 
D.  Impose a punitive sanction by committing the individual to the custody of a 
sheriff.  The commitment imposed pursuant to this paragraph may not exceed 6 
months. 
The provisions of Rule 66 of the Maine Rules of Civil Procedure do not apply to a 
hearing on a motion seeking a coercive or punitive sanction imposed pursuant to 
paragraph C or D. 
5.  Commitment order; tolling of undischarged term; no deductions.  If the court 
orders an individual committed as a coercive sanction pursuant to subsection 4, paragraph 
C: 
A.  The court may order that an undischarged term of imprisonment be tolled for the 
duration of the coercive commitment if the individual is in execution of the 
undischarged term of imprisonment on a sentence in this State; and 
B.  The individual may not receive a deduction for time detained as a result of an 
arrest made under subsection 3 or a deduction based on conduct or participation in 
programs established or approved by the administrator of the jail to which the 
individual is committed during the coercive commitment. 
6.  Commitment order; nonconcurrent with any term of imprisonment; 
deduction only for time detained.  If the court orders an individual committed as a 
punitive sanction pursuant to subsection 4, paragraph D:  
A.  The committal must not be concurrent with another term of imprisonment in this 
State imposed pursuant to a judgment of conviction; 
B.  The individual must receive a day-for-day deduction for time detained as a result 
of an arrest made under subsection 3; and 
C.  The individual may not receive a deduction based on conduct or participation in 
programs established or approved by the administrator of the jail to which the 
individual is committed during the commitment imposed as a punitive sanction. 
7.  Right to counsel.  At a hearing under subsection 3 in which the State seeks a 
coercive or punitive sanction for a default, the individual has the right to be represented 
by counsel.  If the individual cannot afford counsel, the court shall assign counsel for the 
individual unless the court concludes that in the event of a finding of an unexcused 
default the options in subsection 4, paragraphs C and D will not be employed by the 
court. 
8.  Excused default.  If at a hearing under subsection 3 the court finds the default to 
be excused, the court may leave its prior order in place or modify the order as to the time 
for completion, the nature of the work to be performed or the entity for which the work is 
to be performed. 
9.  Supervision of work.  The Department of Corrections is not responsible for 
supervision of community service work imposed pursuant to section 2031. 
CHAPTER 73 
UNCONDITIONAL DISCHARGE 
§2051.  Sentencing alternative of unconditional discharge 
The court shall sentence a convicted person to an unconditional discharge if the court 
determines that no other authorized sentencing alternative is appropriate punishment and 
the convicted person is: 
1.  Eligible for probation.  Eligible for the imposition of a sentencing alternative that 
includes a period of probation under section 1802, subsection 1; or 
2.  Ineligible for probation due to excluded Class D or Class E crime.  Ineligible 
for the imposition of a sentencing alternative that includes a period of probation under 
section 1802, subsection 1 solely by operation of section 1802, subsection 1, paragraph B. 
A sentence of unconditional discharge is for all purposes a final judgment of 
conviction. 
CHAPTER 75 
VICTIMS' RIGHTS 
§2101.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Crime.  "Crime" means a criminal offense in which, as defined, there is a victim. 
2.  Victim.  "Victim" means: 
A.  A person who is the victim of a crime; and 
B.  The immediate family of a victim of a crime if: 
(1)  The underlying crime is one of domestic violence or sexual assault or one in 
which the family suffered serious physical trauma or serious financial loss; or 
(2)  Due to death, age, physical or mental disease, disorder or defect, the victim is 
unable to participate as allowed under this chapter. 
As used in this paragraph, "immediate family" means the spouse, domestic partner, 
parent, child, sibling, stepchild or stepparent of the victim. 
§2102.  Victims to be notified 
1.  Information provided to victim.  When practicable, the attorney for the State 
shall make a good faith effort to inform each victim of the following: 
A.  The details of a plea agreement, including a deferred disposition, before it is 
submitted to the court; 
B.  The right to comment on a plea agreement, including a deferred disposition, 
pursuant to section 2103; 
C.  The proposed dismissal or filing of an indictment, information or complaint 
pursuant to the Maine Rules of Unified Criminal Procedure, Rule 48, before that 
action is taken; 
D.  The time and place of the trial; 
E.  The time and place of sentencing; 
F.  The right to participate at sentencing pursuant to section 2104; and 
G.  The right to comment on the proposed early termination of probation, early 
termination of administrative release or conversion of probation to administrative 
release, pursuant to section 2105. 
2.  Pamphlets.  When providing notice under subsection 1, the attorney for the State 
shall offer to provide the victim with a pamphlet containing this chapter, Title 5, chapter 
316-A and Title 15, sections 812 and 6101.  In addition, the attorney for the State, as part 
of any victim and witness support program that attorney administers under Title 30-A, 
section 460, shall provide the victim with a pamphlet outlining in everyday language the 
provisions set out in this chapter, Title 5, chapter 316-A and Title 15, sections 812 and 
6101.  The attorney for the State may use the pamphlet printed and distributed by the 
Department of Corrections or another pamphlet that meets the criteria in this section. 
§2103.  Plea agreement procedure 
When a plea agreement is submitted to the court pursuant to the Maine Rules of 
Unified Criminal Procedure, Rule 11A (b), the attorney for the State shall disclose to the 
court any and all attempts made to notify each victim of the plea agreement and any 
objection to the plea agreement by a victim.  A victim who is present in court at the 
submission of the plea may address the court at that time. 
§2104.  Sentencing procedure 
1.  Participation by victim.  The victim must be provided the opportunity to 
participate at sentencing by: 
A.  Making an oral statement in open court; or 
B.  Submitting a written statement to the court either directly or through the attorney 
for the State.  A written statement must be made part of the record. 
An attorney for the victim may submit a written statement or make an oral statement on 
the victim's behalf. 
2.  Consideration of victim's statements.  The court shall consider any statement 
made under subsection 1, along with all other appropriate factors, in determining the 
sentence. 
3.  Participation by interested person.  An interested person, including, but not 
limited to, a member of the victim's family who is not immediate family of the victim, a 
close friend of the victim, a community member and other interested person, does not 
have a right to participate at sentencing.  Participation by such interested persons is a 
matter for the court's discretion in determining what information to consider when 
sentencing. 
§2105.  Termination or conversion procedure 
When the attorney for the State receives notice of a motion seeking early termination 
of probation or early termination of administrative release or seeking to convert probation 
to administrative release, the attorney for the State shall disclose to the court any attempts 
made to notify each victim of the motion to terminate or convert and any objection to the 
motion by a victim.  If a hearing is held on the motion by the court and the victim is 
present in court, the victim may address the court at that time. 
§2106.  Notification of defendant's release 
Upon complying with subsection 1, a victim of a crime of murder or of a Class A, 
Class B or Class C crime or of a Class D crime under chapters 9, 11 and 12 for which the 
defendant is committed to the Department of Corrections or to a county jail or is 
committed to the custody of the Commissioner of Health and Human Services either 
under Title 15, section 103 after having been found not criminally responsible by reason 
of insanity or under Title 15, section 101-D after having been found incompetent to stand 
trial must receive notification of the defendant's unconditional release and discharge from 
institutional confinement upon the expiration of the sentence or upon release from 
commitment under Title 15, section 101-D or upon discharge under Title 15, section 
104-A and must receive notification of any conditional release of the defendant from 
institutional confinement, including probation, supervised release for sex offenders, 
parole, furlough, work release, supervised community confinement, home release 
monitoring or similar program, administrative release or release under Title 15, section 
104-A. 
1.  Request for notification.  A victim who wishes to receive notification must file a 
written request for that notification of the defendant's release under this section with the 
office of the attorney for the State.  The attorney for the State shall forward this request 
form to the Department of Corrections or to the state mental health institute or to the 
county jail to which that defendant is committed. 
2.  Notification of victim.  The Department of Corrections or the state mental health 
institute or the county jail to which the defendant is committed shall keep the victim's 
written request for a notification under subsection 1 in the file of the defendant and shall 
notify the victim by mail of any impending release as soon as the release date is set.  This 
notification must be mailed to the address provided in the request or any subsequent 
address provided by the victim. 
3.  Contents of notification.  The notification required by this section must contain: 
A.  The name of the defendant; 
B.  The nature of the release authorized, whether it is a conditional release, including 
probation, supervised release for sex offenders, parole, furlough, work release, 
supervised community confinement, home release monitoring or a similar program, 
administrative release or release under Title 15, section 104-A, or an unconditional 
release and discharge upon release from commitment under Title 15, section 101-D 
or upon the expiration of a sentence or upon discharge under Title 15, section 104-A; 
C.  The anticipated date of the defendant's release from institutional confinement and 
any date on which the defendant must return to institutional confinement, if 
applicable; 
D.  The geographic area to which the defendant's release is limited, if any; 
E.  The address at which the defendant will reside; and 
F.  The address at which the defendant will work, if applicable. 
4.  Termination of notification requirement.  The notification requirement under 
this section ends when: 
A.  Notification has been provided of an unconditional release or discharge upon the 
expiration of the sentence or upon release under Title 15, section 101-D or upon 
discharge under Title 15, section 104-A; or 
B.  The victim has filed a written request for a notification under subsection 1 with 
the Department of Corrections or the state mental health institute or the county jail to 
which the defendant is committed asking that no further notification be given. 
5.  Liability.  Neither the failure to perform the requirements of this chapter nor 
compliance with this chapter subjects the attorney for the State, the Commissioner of 
Corrections, the Department of Corrections, the Commissioner of Health and Human 
Services, the state mental health institute or the county jail or the employees or officers of 
the attorney for the State, the Commissioner of Corrections, the Department of 
Corrections, the Commissioner of Health and Human Services, the state mental health 
institute or the county jail to liability in a civil action. 
§2107.  Notification of defendant's release on preconviction bail 
1.  Contact information for victim of certain crimes.  In the case of an alleged 
crime involving domestic violence, sexual assault under chapter 11 or stalking, the 
arresting law enforcement officer shall obtain the victim's contact information and 
provide that information to the jail to which the defendant is delivered.  
2.  Notification of victim of certain crimes by jail or law enforcement agency.  In 
a case of an alleged crime involving domestic violence, sexual assault under chapter 11 or 
stalking, the jail to which the defendant is delivered shall notify the victim of the 
defendant's release on preconviction bail under Title 15, chapter 105-A as soon as 
possible but no later than one hour after the defendant's release.  If the defendant is 
released on preconviction bail before being delivered to a jail, the arresting law 
enforcement agency shall notify the victim as provided in this section. 
3.  Method of notification.  Notification under subsection 2 must be made by a 
telephone call either directly to the victim or as provided in subsection 5.  In the event 
that the jail has not succeeded in contacting the victim after the jail has exercised due 
diligence in attempting to contact the victim, notification of the defendant's release must 
be made to the law enforcement agency that investigated the report of domestic violence, 
sexual assault under chapter 11 or stalking.  That law enforcement agency shall make a 
reasonable attempt to notify the victim of the defendant's release on preconviction bail. 
4.  Request by victim to not be notified.  Notwithstanding subsection 2, a victim of 
an alleged crime described in subsection 1 may request in writing that the jail or arresting 
law enforcement agency not notify the victim of the defendant's release on preconviction 
bail. 
5.  Notification based on age of victim.  Notification under this section to an adult 
victim must be made to the victim. Notification to a minor victim must be made to an 
adult who is the victim's parent or legal guardian or, if a parent or legal guardian is not 
available, to another immediate family member of the victim unless the jail or arresting 
law enforcement agency reasonably believes that it is in the best interest of the minor 
victim to be notified directly. 
6.  Liability.  Neither the failure to perform the requirements of this section nor 
compliance with this section subjects the State, the arresting law enforcement agency, the 
jail to which the defendant was delivered, the Department of Corrections or officers or 
employees of the law enforcement agency, jail or Department of Corrections to liability 
in a civil action. 
For purposes of this section, "crime involving domestic violence" has the same 
meaning as in Title 15, section 1003, subsection 3-A and includes those crimes under 
section 152, subsection 1, paragraph A, section 208 and section 208-B when the victim is 
a family or household member as defined in Title 19-A, section 4002, subsection 4. 
§2108.  Confidentiality of victim records 
1.  General rule of confidentiality.  Records that pertain to a victim's current address 
or location or that contain information from which a victim's current address or location 
could be determined must be kept confidential, subject to disclosure only as authorized in 
this section. 
2.  Disclosure to law enforcement or victims' service agency.  Records that pertain 
to a victim's current address or location or that contain information from which a victim's 
current address or location could be determined may be disclosed only to: 
A.  A state agency if necessary to carry out the statutory duties of that agency; 
B.  A criminal justice agency if necessary to carry out the administration of criminal 
justice or the administration of juvenile justice; 
C.  A victims' service agency with a written agreement with a criminal justice agency 
to provide services as a victim advocate; or 
D.  A person or agency upon request of the victim. 
3.  Limited disclosure as part of bail condition or court order.  A bail 
commissioner, judge, justice, court clerk, law enforcement officer or attorney for the 
State may disclose a victim's current address or location to the defendant or accused 
person, or the attorney or authorized agent of the defendant or accused person, as part of a 
bail condition or court order restricting contact with the victim only when it is clear that 
the defendant already knows the victim's current address or location or when the victim 
requests that such bail condition or court order be issued and the victim requests that the 
current address or location be specified. 
4.  Limited disclosure pursuant to discovery.  An attorney for the State may 
withhold the current address or location of a victim from the defendant, or the attorney or 
authorized agent of the defendant, if the attorney for the State has a good faith belief that 
such disclosure may compromise the safety of the victim. 
5.  Disclosure of victim's request for notice prohibited.  In no case may a victim's 
request for notification of the defendant's release under section 2106 be disclosed except 
to those employees of the agency to which the defendant is committed and the office of 
the attorney for the State with which the request was filed in order for those persons to 
perform their official duties under this chapter. 
§2109.  Certain communications by victims confidential 
The following communications are privileged from disclosure. 
1.  To sexual assault counselor.  Communications by a victim, as described in Title 
16, section 53-A, subsection 2, to a sexual assault counselor, as defined in Title 16, 
section 53-A, subsection 1, paragraph B, are privileged from disclosure as provided in 
Title 16, section 53-A, subsection 2. 
2.  To advocate.  Communications by a victim, as defined in Title 16, section 53-B, 
subsection 1, paragraph B, to an advocate, as defined in Title 16, section 53-B, subsection 
1, paragraph A, are privileged from disclosure as provided in Title 16, section 53-B, 
subsection 2, subject to exceptions in Title 16, section 53-B, subsection 3. 
3.  To victim witness advocate or victim witness coordinator.  Communications by 
a victim, as defined in Title 16, section 53-C, subsection 1, paragraph B, to a victim 
witness advocate or a victim witness coordinator, as defined in Title 16, section 53-C, 
subsection 1, paragraph C, are privileged from disclosure as provided in Title 16, section 
53-C, subsection 2, subject to exceptions in Title 16, section 53-C, subsection 3. 
PART 7 
ADMINISTRATION OF IMPOSED SENTENCES OF IMPRISONMENT 
CHAPTER 81 
ADMINISTRATION OF IMPOSED SENTENCES OF IMPRISONMENT 
§2301.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Family or household member.  "Family or household member" has the same 
meaning as in Title 19-A, section 4002, subsection 4. 
2.  Jail.  "Jail" means a county or regional jail. 
3.  Sentence of imprisonment.  "Sentence of imprisonment" means: 
A.  A term of imprisonment, none of which is suspended; 
B.  An unsuspended portion of a split sentence of imprisonment either before or after 
revocation of probation or administrative release; 
C.  An unsuspended portion of a wholly suspended term of imprisonment with 
probation or with administrative release after revocation of that probation or 
administrative release; or 
D.  Any court-ordered time in the custody of the Department of Corrections after 
revocation of a period of supervised release. 
§2302.  General provisions 
1.  Deduction for each day in execution of sentence of imprisonment.  An 
individual committed to the custody of the Department of Corrections or a jail whose 
sentence of imprisonment has commenced pursuant to section 2303 must receive a day-
for-day deduction from that individual’s sentence of imprisonment for each day the 
individual is in execution of that sentence.  This day-for-day deduction may not be 
withdrawn.  Prior to the day-for-day deduction being given, the sentence must first be 
reduced by any deduction for time detained to which the individual is entitled pursuant to 
section 2305. 
2.  Start of consecutive sentence.  A consecutive sentence may not begin until the 
sentence involving imprisonment that the consecutive sentence immediately follows in 
time has been fully served. 
3.  Application of deduction for concurrent sentences.  While an individual is in 
execution of concurrent sentences pursuant to subsection 1, a day-for-day deduction must 
be accorded on all the sentences simultaneously. 
4.  Application of deduction for consecutive sentences.  While an individual is in 
execution of a consecutive sentence pursuant to subsection 1, a day-for-day deduction 
may be accorded on only one sentence at a time. 
§2303.  Commencement of sentence of imprisonment 
1.  Commitment to Department of Corrections.  The sentence of imprisonment of 
an individual committed to the custody of the Department of Corrections to serve that 
sentence commences on the date on which that individual is received into the correctional 
facility designated as the initial place of confinement by the Commissioner of Corrections 
pursuant to section 2304.  That day is counted as the first full day of the sentence. 
2.  Commitment to specified jail.  The sentence of imprisonment of an individual 
committed to the custody of a jail to serve that sentence commences on the date on which 
that individual is received into the jail specified in the sentence.  That day is counted as 
the first full day of the sentence if the term of imprisonment, or the unsuspended portion 
of the term of imprisonment, is over 30 days; otherwise, a deduction is accorded only for 
the portion of that day for which the individual is actually in execution of the sentence. 
3.  Commitment with concurrent sentence of imprisonment from another 
jurisdiction.  When an individual is sentenced to a concurrent sentence of imprisonment 
as authorized by section 1608, subsection 6, the provisions of this chapter apply and must 
be administered by the chief administrative officer of this State's correctional facility 
when the individual is committed to the custody of the Department of Corrections or by 
the jail administrator of a jail in this State when the individual is committed to the 
custody of the jail.  If the individual is released from imprisonment under the sentence of 
the other jurisdiction prior to the termination of this State's sentence, the individual shall 
serve the remainder of this State's sentence at the appropriate correctional facility or jail 
in this State. 
§2304.  Notification of commitment to Department of Corrections 
At the time of sentencing, the sheriff or the sheriff's designee shall notify the 
Commissioner of Corrections or the commissioner's designee that an individual has been 
committed to the Department of Corrections and shall inquire as to the correctional 
facility to which the individual must be delivered by the sheriff or the sheriff's designee.  
The commissioner or the commissioner's designee has complete discretion to determine 
the initial place of confinement.  In making this determination, the commissioner or the 
commissioner's designee shall review all relevant information, including any available 
mental health information.  The commissioner or the commissioner's designee shall 
immediately inform the sheriff or the sheriff's designee of the location of the correctional 
facility to which the individual must be transported. 
§2305.  Deductions from sentence of imprisonment for time detained 
1.  Deductions for detention permitted.  An individual sentenced to imprisonment 
who has been detained for the conduct for which that sentence is imposed while awaiting 
trial, during trial, post-trial while awaiting sentencing or post-sentencing prior to the date 
on which the sentence commenced 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, must receive a day-for-day deduction from the total term of 
imprisonment required under that sentence if that individual is detained in: 
A.  This State in a correctional facility, mental health institute or jail or in any local 
lockup; or 
B.  Another jurisdiction in a federal, state or county institution, local lockup or 
similar facility, including any detention resulting from being a fugitive from justice, 
as defined by Title 15, section 201, subsection 4, unless the individual has 
simultaneously been detained for non-Maine conduct. 
For the purpose of calculating the day-for-day deduction specified by this subsection, 
"day" means 24 hours, except that for an individual who commits a crime on or after 
October 15, 2011, who has been detained for the conduct for which the individual is 
sentenced to a term of imprisonment of 96 hours or less, any portion of a day detained 
short of 24 hours must also be deducted from the total term of imprisonment required 
under that sentence. 
2.  Deductions for detention not permitted.  An individual who, in addition to 
being detained pursuant to subsection 1, has been simultaneously detained for conduct for 
which the individual is sentenced to a consecutive sentence may not 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 sentence to be served prior to the consecutive sentence. 
3.  Timing of application of deductions.  The total term required under a sentence of 
imprisonment is reduced by the total deduction under this section prior to applying any of 
the other deductions specified in this chapter or in Title 30-A, section 1606. 
4.  Additional deduction when warranted for crime committed on or after 
August 1, 2004.  An individual may receive a deduction of up to 2 days per calendar 
month in addition to the day-for-day deduction provided pursuant to subsection 1 if: 
A.  The individual commits a crime on or after August 1, 2004 and is sentenced to a 
term of imprisonment for that crime; and 
B.  The individual is entitled to a day-for-day deduction pursuant to subsection 1 and 
the individual’s conduct during that period of detention is such that the additional 
deduction is determined to be warranted in the discretion of the chief administrative 
officer of the facility in which the individual has been detained. 
Deductions under this subsection must be calculated as follows for partial calendar 
months: 
5.  Deduction for detention may not be withdrawn.  A deduction for detention to 
which the individual is entitled may not be withdrawn. 
6.  Transporter's duty to provide statement of time detained.  The sheriff or the 
sheriff's designee shall furnish to the administrator of the facility to which the individual 
is being delivered and the attorney for the State, within 30 days of delivery, a statement 
showing the length of that detention.  The administrator shall use the statement furnished 
to determine the day-for-day deduction to which the individual is entitled pursuant to 
subsections 1 and 4, if any, unless, within 15 days of its receipt, the attorney for the State 
furnishes a revised statement to the administrator. 
§2306.  Deductions for time detained; special circumstances 
1.  Time detained for failure to appear for a default hearing.  An individual 
arrested and detained for failing to appear for a hearing to explain nonpayment of a fine, a 
county jail reimbursement fee or restitution or to explain nonperformance of community 
service work who subsequently is committed by the court conducting the default hearing 
to the custody of a jail for an unexcused default must receive a day-for-day deduction 
from the length of the confinement specified in the court’s order for each day detained as 
a result of the arrest pursuant to section 1711, subsection 4; section 1751, subsection 6; 
section 2015, subsection 3; or section 2033, subsection 6. 
2.  Arrest and detention pending probation or administrative release revocation 
proceeding.  If an individual is detained in a correctional facility or jail pending a 
probation or administrative release revocation proceeding and is not in execution of any 
other sentence of confinement, that period of detention must be deducted from the time 
the individual is required to serve under that portion of the sentence for which the 
suspension of execution was vacated as a result of the probation or administrative release 
revocation.  An individual who is simultaneously detained for conduct for which the 
Days of partial month 
Maximum deduction available 
to 15 days 
up to 1 
to 31 days 
up to 2 
individual receives a consecutive term of imprisonment is not entitled to receive a day-
for-day deduction from the consecutive term of imprisonment for the period of 
simultaneous detention except for any period of detention that is longer than the term of 
imprisonment to be served prior to the consecutive sentence. 
§2307.  Discretionary deductions for individual who commits crime on or after 
August 1, 2004, except for certain listed crimes 
1.  Application.  The provisions of this section apply only to an individual who, on or 
after August 1, 2004, commits a crime and is sentenced to imprisonment for that crime, 
except for the following: 
A.  Murder; 
B.  A crime listed under chapter 11; 
C.  A crime listed under section 556; 
D.  A crime listed under section 854, excluding subsection 1, paragraph A, 
subparagraph (1); 
E.  A crime listed under chapter 12; or 
F.  A crime against a family or household member listed under chapter 9 or 13 or 
section 506-B, 554, 555 or 758. 
2.  Discretionary 4 days per month deduction based on conduct.  For an 
individual who commits a crime and is subsequently in the custody of the Department of 
Corrections or a jail in execution of a sentence of imprisonment for that crime, up to 4 
days per calendar month may be deducted from that sentence, calculated from the date of 
its commencement, if that individual's conduct during that calendar month is such that the 
deduction is determined to be warranted in the discretion of the chief administrative 
officer of the correctional facility or the jail administrator. 
Deductions under this subsection must be calculated as follows for partial calendar 
months: 
3.  Discretionary 3 days per month deduction based on fulfillment of assigned 
responsibilities for individual in custody of Department of Corrections or jail.  For 
an individual who commits a crime and is subsequently in the custody of the Department 
of Corrections or a jail in execution of a sentence of imprisonment for that crime, in 
addition to the days of deduction provided for in subsection 2, up to 3 days per calendar 
month may be deducted from that sentence, calculated from the date of its 
commencement, if that  individual's fulfillment of responsibilities assigned in the 
individual's transition plan for work, education or rehabilitation programs during that 
Days of partial month 
Maximum deduction available 
to 7 days 
up to 1 
to 15 days 
up to 2 
to 23 days 
up to 3 
to 31 days 
up to 4 
calendar month is such that the deduction is determined to be warranted in the discretion 
of the chief administrative officer of the correctional facility or the jail administrator. 
Deductions under this subsection must be calculated as follows for partial calendar 
months: 
4.  Discretionary 2 days per month deduction based on fulfillment of assigned 
responsibilities only for individual in custody of Department of Corrections.  For an 
individual who commits a crime and is subsequently in the custody of the Department of 
Corrections in execution of a sentence of imprisonment for that crime, in addition to the 
days of deduction provided for in subsections 2 and 3, up to 2 days per calendar month 
also may be deducted from that sentence, calculated from the date of its commencement, 
if that individual's fulfillment of responsibilities assigned in the individual's transition 
plan for community work, education or rehabilitation programs during that calendar 
month is such that the deduction is determined to be warranted in the discretion of the 
chief administrative officer of the correctional facility. 
Deductions under this subsection must be calculated as follows for partial calendar 
months: 
5.  Withdrawal of discretionary deductions.  Any portion of the time deducted 
from the sentence of an individual pursuant to subsection 2, 3 or 4 may be withdrawn by 
the chief administrative officer of the correctional facility for a disciplinary offense or for 
the violation of any law of the State in accordance with Title 34-A, section 3032 and the 
rules adopted under that section or by the jail administrator in accordance with jail 
disciplinary procedures. Deductions may be withdrawn for months already served or yet 
to be served by the individual up to and including the maximum authorized for that 
sentence. 
6.  Restoration of discretionary deductions.  The chief administrative officer of the 
correctional facility or the jail administrator may restore any portion of deductions that 
have been withdrawn under subsection 5 if the individual's later conduct and fulfillment 
of responsibilities assigned in the individual's transition plan for work, education or 
rehabilitation programs are such that the restoration is determined to be warranted by the 
chief administrative officer or the jail administrator. 
7.  Calculation of deduction for work in excess of 8 hours.  The Commissioner of 
Corrections or the sheriff may establish policy and guidelines for crediting hours of 
Days of partial month 
Maximum deduction available 
to 10 days 
up to 1 
to 20 days 
up to 2 
to 31 days 
up to 3 
Days of partial month 
Maximum deduction available 
to 15 days 
up to 1 
to 31 days 
up to 2 
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 3 and 4. 
8.  Calculation of deductions following imposition of new or revised sentence of 
imprisonment for same offense.  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 individual for the same offense, the day-for-day deduction must be accorded on 
the new sentence both for each day the individual served in execution of the initial 
sentence pursuant to section 2302, subsection 1 and for all previously earned deductions 
specified in this section and Title 30-A, section 1606.  Prior to the day-for-day deduction 
being given on the new sentence, the new sentence must be reduced by any deductions 
specified in section 2305 previously or subsequently received.  The deductions applied to 
the new sentence must be calculated in accordance with this section. 
§2308.  Discretionary deductions based on conduct and fulfillment of responsibilities 
for individuals who commit certain crimes on or after August 1, 2004 
1.  Application.  The provisions of this section apply only to an individual who 
commits on or after August 1, 2004 one or more of the following crimes and is sentenced 
to imprisonment for that crime: 
A.  Murder; 
B.  A crime listed under chapter 11; 
C.  A crime listed under section 556; 
D.  A crime listed under section 854, excluding subsection 1, paragraph A, 
subparagraph (1); 
E.  A crime listed under chapter 12; or 
F.  A crime against a family or household member listed under chapter 9 or 13 or 
section 506-B, 554, 555 or 758. 
2.  Commitment to Department of Corrections or specified jail; discretionary 5 
days per month deduction.  For an individual who commits a crime and is in the 
custody of the Department of Corrections or a jail in execution of a sentence of 
imprisonment for that crime, up to 5 days per calendar month may be deducted from that 
sentence, calculated from the date of its commencement, if that individual's conduct, 
participation in programs and fulfillment of assigned responsibilities during that calendar 
month are such that the deduction is determined to be warranted by the chief 
administrative officer of the correctional facility or the jail administrator. 
Deductions under this subsection must be calculated as follows for partial calendar 
months: 
Days of partial month 
Maximum deduction available 
to 6 days 
up to 1 
to 12 days 
up to 2 
to 18 days 
up to 3 
3.  Withdrawal of discretionary deductions.  Any portion of the time deducted 
from the sentence of an individual pursuant to subsection 2 may be withdrawn by the 
chief administrative officer of the correctional facility for a disciplinary offense or for the 
violation of any law of the State in accordance with Title 34-A, section 3032 and the rules 
adopted under that section or by the jail administrator in accordance with jail disciplinary 
procedures.  Deductions may be withdrawn for months already served or yet to be served 
by the individual up to and including the maximum authorized for that sentence. 
4.  Restoration of discretionary deductions.  The chief administrative officer of the 
correctional facility or the jail administrator may restore any portion of deductions that 
have been withdrawn under subsection 3 if the individual's later conduct, participation in 
programs and fulfillment of assigned responsibilities are such that the restoration is 
determined to be warranted by the chief administrative officer or jail administrator. 
5.  Calculation of deduction for work in excess of 8 hours.  The Commissioner of 
Corrections or the sheriff 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 subsection 2. 
6.  Calculation of deductions following imposition of new or revised sentence of 
imprisonment for same offense.  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 individual for the same offense, the day-for-day deduction must be accorded on 
the new sentence both for each day the individual served in execution of the initial 
sentence pursuant to section 2302, subsection 1 and for all previously earned deductions 
specified in this section and Title 30-A, section 1606.  Prior to the day-for-day deduction 
being given on the new sentence, the new sentence must be reduced by any deductions 
specified in section 2305 previously or subsequently received.  The deductions applied to 
the new sentence must be calculated in accordance with this section. 
§2309.  Discretionary deductions based on conduct and participation for individual 
who committed crime on or after October 1, 1995 but before August 1, 2004 
1.  Application.  This section applies only to an individual who committed a crime 
on or after October 1, 1995 but before August 1, 2004 and was sentenced to 
imprisonment for that crime.  
2.  Commitment to Department of Corrections or jail; discretionary 5 days per 
month deduction.  For an individual who committed a crime on or after October 1, 1995, 
but before August 1, 2004, and is in the custody of the Department of Corrections or a jail 
in execution of a sentence of imprisonment for that crime, up to 5 days per calendar 
month may be deducted from that sentence, calculated from the date of its 
to 24 days 
up to 4 
to 31 days 
up to 5 
commencement, if that individual's conduct, participation in programs and fulfillment of 
assigned responsibilities during that calendar month are such that the deduction is 
determined to be warranted in the discretion of the chief administrative officer of the 
correctional facility or the jail administrator. 
Deductions under this subsection must be calculated as follows for partial calendar 
months: 
3.  Withdrawal of discretionary deductions.  Any portion of the time deducted 
from the sentence of an individual pursuant to subsection 2 may be withdrawn by the 
chief administrative officer of the correctional facility for a disciplinary offense or for the 
violation of any law of the State in accordance with Title 34-A, section 3032 and the rules 
adopted under that section or by the jail administrator in accordance with jail disciplinary 
procedures.  Deductions may be withdrawn for months already served or yet to be served 
by the individual up to and including the maximum authorized for that sentence. 
4.  Restoration of discretionary deductions.  The chief administrative officer of the 
correctional facility or the jail administrator may restore any portion of deductions that 
have been withdrawn under subsection 3 if the individual's later conduct, participation in 
programs and fulfillment of assigned responsibilities are such that the restoration is 
determined to be warranted by the chief administrative officer or jail administrator. 
5.  Calculation of deduction for work in excess of 8 hours.  The Commissioner of 
Corrections or the sheriff 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 subsection 2. 
6.  Calculation of deductions following imposition of new or revised sentence of 
imprisonment for same offense.  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 individual for the same offense, the day-for-day deduction must be accorded on 
the new sentence both for each day the individual served in execution of the initial 
sentence pursuant to section 2302, subsection 1 and for all previously earned deductions 
specified in subsection 2 and Title 30-A, section 1606.  Prior to the day-for-day deduction 
being given on the new sentence, the new sentence must be reduced by any deductions 
specified in section 2305 previously or subsequently received.  The deductions applied to 
the new sentence must be calculated in accordance with this section. 
Days of partial month 
Maximum deduction available 
to 6 days 
up to 1 
to 12 days 
up to 2 
to 18 days 
up to 3 
to 24 days 
up to 4 
to 31 days 
up to 5 
§2310.  Deductions for individual who committed crime before October 1, 1995 and 
was sentenced on or after October 1, 1983 
1.  Application.  This section applies only to an individual who committed a crime 
on or after May 1, 1976 but before October 1, 1995 and who was sentenced on or after 
October 1, 1983 to imprisonment for that crime. 
2.  Deduction for individual sentenced to imprisonment for more than 6 months.   
Beginning October 1, 1983, an individual sentenced to imprisonment for more than 6 
months must receive a deduction of 10 days per month for observing all rules of the 
Department of Corrections and the correctional facility where that individual is confined 
or the jail where that individual is confined.  The period from which the deduction is 
made must be calculated from the first day the individual is received into the custody of 
the department or the jail and includes the full length of any imprisonment ordered to be 
served.  This deduction does not apply to any suspended portion of the individual's 
sentence.  For the purpose of calculating the deduction under this subsection, a month is 
days and a year is 12 months. 
Deductions under this subsection must be calculated as follows for partial months: 
3.  Deduction for individual sentenced to imprisonment for 6 months or less.  
Beginning October 1, 1983, an individual sentenced to imprisonment for 6 months or less 
must receive a deduction of 3 days per month for observing all the rules of the 
Department of Corrections and the correctional facility where that individual is confined 
or the jail where that individual is confined.  The period from which the deduction is 
made must be calculated from the first day the individual is received into the custody of 
the department or the jail and includes the full length of any imprisonment order to be 
served. This deduction does not apply to any suspended imprisonment portion of an 
individual's sentence.  For the purpose of calculating the deduction under this subsection, 
a month is 30 days. 
Deductions under this subsection must be calculated as follows for partial months: 
Days of partial month 
Maximum  deduction available 
to 2 days 
to 5 days 
to 8 days 
to 11 days 
to 14 days 
to 17 days 
to 20 days 
to 23 days 
to 26 days 
to 29 days 
days 
4.  Withdrawal of deductions.  Any portion of the time deducted from the sentence 
of an individual pursuant to subsection 2 or 3 may be withdrawn by the chief 
administrative officer of the correctional facility or the jail administrator for the infraction 
of any rule of the correctional facility or jail, for any misconduct or for the violation of 
any law of the State.  The withdrawal of a deduction may be made at the discretion of the 
chief administrative officer or jail administrator, in accordance with policies and 
guidelines established by the Department of Corrections or by the jail administrator in 
accordance with jail disciplinary procedures. 
5.  Restoration of deductions.  The chief administrative officer of the correctional 
facility or the jail administrator may restore any portion of the deductions that have been 
withdrawn pursuant to subsection 4 if the individual's later conduct and outstanding effort 
are determined by the chief administrative officer or jail administrator to warrant that 
restoration. 
6.  Commitment to Department of Corrections or jail; additional 3 days per 
month deduction not subject to withdrawal.  An individual in the custody of the 
Department of Corrections or a jail in execution of a sentence of imprisonment for a 
crime committed before October 1, 1995 may earn and have deducted up to 3 days per 
month in addition to the deduction provided pursuant to subsections 2 and 3 if the 
individual is assigned to or participates in work, education or other responsibilities within 
the correctional facility or jail or a program that are determined to be of sufficient 
importance to warrant those deductions by the chief administrative officer of the 
correctional facility or the jail administrator in accordance with policy and guidelines 
established by the Department of Corrections or sheriff.  A deduction awarded under this 
subsection may not be withdrawn by the chief administrative officer or the jail 
administrator.  For the purpose of calculating a deduction under this subsection, "month" 
means a calendar month. 
Deductions made under this subsection must be calculated as follows for partial months: 
7.  Commitment to Department of Corrections for crime committed before 
October 1, 1995; additional 2 days per month deduction not subject to withdrawal.  
An individual in the custody of the Department of Corrections in execution of a sentence 
of imprisonment for a crime committed before October 1, 1995 may earn and have 
Days of partial month 
Maximum deduction available 
to 7 days 
to 15 days 
to 23 days 
to 30 days 
Days of partial month 
Maximum deduction available 
to 10 days 
up to 1 
to 20 days 
up to 2 
to 31 days 
up to 3 
deducted up to 2 days per month in addition to the days of deductions provided for in 
subsections 2, 3 and 6 if the individual is assigned to and participates in minimum 
security or community programs administered by the department.  These deductions may 
also apply if the individual is assigned to or participates in minimum security or 
community programs through agencies providing services to the department.  These 
deductions may be authorized for work and responsibilities, to include public restitution, 
that are considered to be of sufficient importance to warrant those deductions by the chief 
administrative officer of the correctional facility in accordance with department policy 
and guidelines.  A deduction awarded under this subsection may not be withdrawn by the 
chief administrative officer.  For the purpose of calculating a deduction under this 
subsection, "month" means a calendar month. 
Deductions made under this subsection must be calculated as follows for partial months: 
8.  Calculation of deduction for work in excess of 8 hours.  The Commissioner of 
Corrections or the sheriff 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 of imprisonment under subsections 6 and 7. 
9.  Calculation of deductions following imposition of new or revised sentence of 
imprisonment for same offense.  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 individual for the same offense, the day-for-day deduction must be accorded on 
the new sentence both for each day the individual served in execution of the initial 
sentence pursuant to section 2302, subsection 1 and for all previously earned deductions 
specified in subsections 2, 3, 6 and 7 and Title 30-A, section 1606.  Prior to the day-for-
day deduction being given on the new sentence, the new sentence must be reduced by any 
deductions specified in section 2305 previously or subsequently received.  The 
deductions applied to the new sentence must be calculated in accordance with this 
section. 
§2311.  Deductions for individual who committed crime before October 1, 1995 and 
was sentenced prior to October 1, 1983 
1.  Application.  This section applies only to an individual who committed a crime 
on or after May 1, 1976 but before October 1, 1995 and who was sentenced prior to 
October 1, 1983 to imprisonment for that crime. 
2.  Deductions based on law in effect at time of offense.  Unless otherwise 
specifically provided by law, deductions based on conduct and participation from a 
sentence that was imposed prior to October 1, 1983 must be calculated in accordance 
with the laws in effect on the date the offense was committed. When a judgment of 
conviction involving a term of imprisonment is vacated or a sentence involving a term of 
Days of partial month 
Maximum deduction available 
to 15 days 
up to 1 
to 31 days 
up to 2 
imprisonment is revised or reviewed and a new sentence involving a term of 
imprisonment is thereafter imposed for the same offense, calculation of deductions based 
on conduct and participation must be in accordance with the laws in effect on the date 
that offense was committed. 
§2312.  Deductions applicable to concurrent sentences resulting from new criminal 
conduct while on probation or administrative release 
1.  Revocation of probation or administrative release by court before conviction 
and sentence for new criminal conduct.  An individual whose probation or 
administrative release is revoked by a court for new criminal conduct must receive a 
deduction for the time the individual serves as a result of the revocation from the sentence 
that is the result of a conviction for the new criminal conduct if: 
A.  The new criminal conduct is committed during the probation or administrative 
release; 
B.  The revocation of probation or administrative release occurs before the conviction 
for the new criminal conduct; 
C.  The individual is subsequently convicted of a crime arising out of the new 
criminal conduct; and 
D.  Concurrent sentences are imposed by the court that do not commence on the same 
date. 
2.  Revocation of probation or administrative release by court after conviction 
and sentence for new criminal conduct.  An individual whose probation or 
administrative release is revoked by a court following a conviction for new criminal 
conduct must receive a deduction for the time the individual serves as a result of the 
conviction for the new criminal conduct from the time the individual is required to serve 
as a result of the revocation if: 
A.  The new criminal conduct is committed during the probation or administrative 
release; 
B.  The revocation of probation or administrative release occurs after the conviction 
for the new criminal conduct; 
C.  The individual is subsequently convicted of a crime arising out of the new 
criminal conduct; and 
D.  Concurrent sentences are imposed by the court that do not commence on the same 
date. 
§2313.  Deductions for individual sentenced prior to effective date of Maine 
Criminal Code 
An individual convicted of an offense committed prior to May 1, 1976 and sentenced 
under the law then in effect may elect to have that individual's parole eligibility calculated 
using the deductions based on conduct and participation available to individuals 
sentenced under this Code.  The election must result in the application of deductions 
pursuant to section 2310.  The parole eligibility and deductions based on conduct and 
participation of an individual who does not so elect must be calculated in accordance with 
the laws in effect on the date the offense was committed.  This section may not be 
construed to compel or permit discharge of any individual sooner than the discharge 
would have occurred under the law in effect on the date the offense was committed. 
§2314.  Release from imprisonment 
1.  Unconditional release and discharge.  An individual committed to the custody 
of the Department of Corrections or a jail in execution of a sentence of imprisonment 
must be unconditionally released and discharged upon the expiration of that individual’s 
sentence, as determined after the deductions afforded that individual under this chapter, 
except that release is subject to the following provisions. 
A.  If the applicable calculations for an individual committed to the custody of the 
Department of Corrections fix the release and discharge date on a Saturday, Sunday 
or legal holiday, that individual may be released and discharged on the last regular 
business day of the correctional facility preceding that Saturday, Sunday or legal 
holiday. 
B.  If the length of the term of imprisonment to be served by an individual committed 
to the custody of a jail is 8 days or more, that individual may be released at any time 
on the final day of imprisonment, in accordance with jail release procedures; 
otherwise, that individual may not be released until the sentence expires. 
2.  Release of individual sentenced prior to effective date of Maine Criminal 
Code.  An individual in the custody of the Department of Corrections pursuant to a 
sentence imposed under the law in effect prior to May 1, 1976 must be released and 
discharged according to the law as it was in force prior to May 1, 1976 and such law 
continues in force for this purpose as if this Code were not enacted. 
PART B 
Sec. B-1.  17-A MRSA §2, sub-§§5-C and 5-D are enacted to read: 
5-C.  Concurrent sentence.  "Concurrent sentence" means a sentence involving 
imprisonment that runs at the same time as one or more other sentences involving 
imprisonment while an individual is simultaneously in execution of each of them.  A 
sentence involving imprisonment does not need to be imposed at the same time or begin 
or end at the same time as another sentence to be a concurrent sentence. 
5-D.  Consecutive sentence.  "Consecutive sentence" means a sentence involving 
imprisonment that immediately follows in time another sentence involving imprisonment.  
A sentence is not a consecutive sentence with respect to another sentence if an individual 
is in execution of both sentences at any time.  A sentence involving imprisonment does 
not need to be imposed at the same time as another sentence to be a consecutive sentence. 
Sec. B-2.  17-A MRSA §2, sub-§7-A is enacted to read: 
7-A.  Day.  "Day," for purposes of imposing imprisonment or probation, 
administrative release or supervised release, means 24 hours. 
Sec. B-3.  17-A MRSA §2, sub-§14-A is enacted to read: 
14-A.  Individual.  "Individual" means a human being. 
Sec. B-4.  17-A MRSA §2, sub-§17-A is enacted to read: 
17-A.  Month.  "Month," for purposes of imposing imprisonment or probation, 
administrative release or supervised release, means 30 days. 
Sec. B-5.  17-A MRSA §2, sub-§23-B is enacted to read: 
23-B.  Split sentence.  "Split sentence" means a sentence involving imprisonment, an 
initial portion of which is served and the remainder of which is suspended, accompanied 
by probation or administrative release.  
Sec. B-6.  17-A MRSA §2, sub-§§26 and 27 are enacted to read: 
26.  Week.  "Week," for purposes of imposing imprisonment or probation, 
administrative release or supervised release, means 7 days. 
27.  Year.  "Year," for purposes of imposing imprisonment or probation, 
administrative release or supervised release, means 365 days. 
Sec. B-7.  17-A MRSA §201, sub-§2, as amended by PL 2001, c. 383, §8 and 
affected by §156, is further amended to read: 
2.  Murder.  The sentence for murder is as authorized in chapter 51 63. 
Sec. B-8.  17-A MRSA §207, sub-§3, as enacted by PL 2005, c. 12, Pt. JJ, §1, is 
amended to read: 
3.  Minimum fine.  For a violation under subsection 1, the court shall impose a 
sentencing alternative that involves a fine of not less than $300, which may not be 
suspended except as provided in subsection 4. 
Sec. B-9.  17-A MRSA §207, sub-§4 is enacted to read: 
4.  Finding by court necessary to impose other than minimum fine.  In the case of 
an individual, the court may suspend all or a portion of a minimum fine under subsection 
or impose a lesser fine other than the mandatory fine if the court finds by a 
preponderance of the evidence that there are exceptional circumstances that justify 
imposition of a lesser financial penalty.  In making a finding of exceptional 
circumstances, the court may consider: 
A.  Reliable evidence of financial hardship on the part of the individual and the 
individual's family and dependents; 
B.  Reliable evidence of special needs of the individual or the individual's family and 
dependents; 
C.  Reliable evidence of the individual's income and future earning capacity and the 
individual's assets and financial resources from whatever source; 
D.  Reliable evidence regarding any pecuniary gain derived from the commission of 
the offense; and 
E.  The impact of imposition of the mandatory fine on the individual's reasonable 
ability to pay restitution under chapter 69. 
Sec. B-10.  17-A MRSA §253, sub-§6, as amended by PL 2001, c. 383, §20 and 
affected by §156, is repealed. 
Sec. B-11.  17-A MRSA §253, sub-§7, as enacted by PL 1997, c. 768, §2, is 
repealed. 
Sec. B-12.  17-A MRSA §253-A is enacted to read: 
§253-A.  Special sentencing provisions for gross sexual assault 
1.  Any term of years; nonmandatory sentence alternative.  If the State pleads and 
proves that the defendant is a repeat sexual assault offender, the court may impose a 
definite term of imprisonment for any term of years.  The court also may impose as part 
of the sentence either a period of probation of any term of years pursuant to section 1804, 
subsection 4 or a period of supervised release of any term of years pursuant to section 
1881, subsection 2, paragraph A. 
As used in this subsection, "repeat sexual assault offender" means a person who commits 
a new gross sexual assault after having been convicted previously and sentenced for any 
of the following: 
A.  Gross sexual assault, formerly denominated as gross sexual misconduct; 
B.  Rape; 
C.  Attempted murder accompanied by sexual assault; 
D.  Murder accompanied by sexual assault; or 
E.  Conduct substantially similar to a crime listed in paragraphs A to D that is a crime 
under the laws of another jurisdiction. 
For purposes of determining whether a defendant is a repeat sexual assault offender, the 
date of sentencing is the date of the oral pronouncement of the sentence by the trial court, 
even if an appeal is taken. 
"Accompanied by sexual assault" as used with respect to attempted murder, murder and 
crimes involving substantially similar conduct in another jurisdiction is satisfied if it was 
definitionally an element of the crime or was pleaded and proved. 
2.  Any term of years; mandatory sentence alternative.  If the State pleads and 
proves that a crime under section 253 was committed against an individual who had not 
yet attained 12 years of age, the court shall impose a definite term of imprisonment for 
any term of years.  In determining the basic term of imprisonment as the first step in the 
sentencing process specified in section 1602, subsection 1, paragraph A, the court shall 
select a definite term of at least 20 years.  The court shall also impose as part of the 
sentence a period of supervised release to immediately follow that definite term of 
imprisonment as mandated by section 1881, subsection 1. 
3.  Aggravating sentencing factors.  The court shall treat the following as an 
aggravating sentencing factor. 
A.  If the State pleads and proves that a Class A crime of gross sexual assault was 
committed by an individual who had previously been convicted and sentenced for a 
Class B or Class C crime of unlawful sexual contact, or an essentially similar crime 
in another jurisdiction, the court, in determining the appropriate sentence, shall treat 
as an aggravating sentencing factor that prior conviction. 
B.  If the State pleads and proves that a violation of section 253, subsection 1 or 2 
was committed in a safe children zone, the court, in determining the appropriate 
sentence, shall treat this as an aggravating sentencing factor. 
C.  In using a sentencing alternative involving a term of imprisonment for an 
individual convicted of violating section 253, a court, in determining the maximum 
period of incarceration as the 2nd step in the sentencing process specified in section 
1602, subsection 1, paragraph B, shall treat each prior Maine conviction for a 
violation of section 253 as an aggravating sentencing factor. 
(1)  When the sentencing class for a prior conviction under section 253 is Class 
A, the court shall enhance the basic period of incarceration by a minimum of 4 
years of imprisonment. 
(2)  When the sentencing class for a prior conviction under section 253 is Class 
B, the court shall enhance the basic period of incarceration by a minimum of 2 
years of imprisonment. 
(3)  When the sentencing class for a prior conviction under section 253 is Class 
C, the court shall enhance the basic period of incarceration by a minimum of one 
year of imprisonment. 
D.  In arriving at the final sentence as the 3rd step in the sentencing process specified 
in section 1602, subsection 1, paragraph C, the court may not suspend that portion of 
the maximum term of incarceration based on a prior conviction. 
Sec. B-13.  17-A MRSA §282, sub-§3 is enacted to read: 
3.  Aggravating sentencing factor of victim under 12 years of age.  If the State 
pleads and proves that a crime under this section was committed against an individual 
who had not attained 12 years of age, the court, in determining the appropriate sentence, 
shall treat the age of the victim as an aggravating sentencing factor. 
Sec. B-14.  17-A MRSA §1125 is enacted to read: 
§1125.  Mandatory minimum term of imprisonment for certain drug offenses 
1.  Minimum term of imprisonment.  Except as otherwise provided in subsections 2 
and 3, the minimum term of imprisonment, which may not be suspended, is as follows: 
A.  When the sentencing class is Class A, the minimum term of imprisonment is 4 
years; 
B.  When the sentencing class is Class B, the minimum term of imprisonment is 2 
years; and 
C.  With the exception of a conviction under section 1105-A, 1105-B, 1105-C or 
1105-D when the drug that is the basis for the charge is marijuana, when the 
sentencing class is Class C, the minimum term of imprisonment is one year. 
2.  Finding by court necessary to impose other than mandatory minimum term 
of imprisonment.  The court may impose a sentence other than a minimum unsuspended 
term of imprisonment set forth in subsection 1 if: 
A.  The court finds by substantial evidence that: 
(1)  Imposition of a minimum unsuspended term of imprisonment under 
subsection 1 will result in substantial injustice to the individual.  In making this 
determination, the court shall consider, among other considerations, whether the 
individual did not know and reasonably should not have known that the victim 
was less than 18 years of age; 
(2)  Failure to impose a minimum unsuspended term of imprisonment under 
subsection 1 will not have an adverse effect on public safety; and 
(3)  Failure to impose a minimum unsuspended term of imprisonment under 
subsection 1 will not appreciably impair the effect of subsection 1 in deterring 
others from violating section 1105-A, 1105-B, 1105-C, 1105-D or 1118-A; and 
B.  The court finds that the individual's background, attitude and prospects for 
rehabilitation and the nature of the victim and the offense indicate that imposition of 
a sentence under subsection 1 would frustrate the general purposes of sentencing set 
forth in section 1501. 
If the court imposes a sentence under this subsection, the court shall state in writing or on 
the record its reasons for its findings and for imposing a sentence under this subsection 
rather than under subsection 1. 
3.  Reduced mandatory minimum term of imprisonment.  If the court imposes a 
sentence under subsection 2, the minimum term of imprisonment, which may not be 
suspended, is as follows: 
A.  When the sentencing class is Class A, the minimum term of imprisonment is 9 
months; 
B.  When the sentencing class is Class B, the minimum term of imprisonment is 6 
months; and 
C.  With the exception of trafficking or furnishing marijuana under section 1105-A or 
1105-C, when the sentencing class is Class C, the minimum term of imprisonment is 
months. 
Sec. B-15.  17-A MRSA §1126 is enacted to read: 
§1126.  Special sentencing provisions regarding fines for certain drug offenses 
1.  Fine based on value of scheduled drugs at time of offense.  As authorized by 
section 1706, subsection 3, if the State pleads and proves the value at the time of the 
commission of a crime of a scheduled drug that is the basis for a conviction under section 
1103, 1105-A, 1105-B, 1105-C, 1105-D, 1106 or 1107-A, the convicted person may be 
sentenced to pay a fine in an amount up to the value, as pleaded and proved by the State, 
of that scheduled drug. 
2.  Mandatory minimum fine barring court finding exceptional circumstances.  
In addition to any other authorized sentencing alternative specified in section 1502, 
subsection 1 for individuals or section 1502, subsection 2 for organizations, the court 
shall impose a minimum fine of $400, none of which may be suspended, except as 
provided in subsection 3, for an individual convicted of a crime under section 1103; 
1104; 1105-A; 1105-B; 1105-C; 1105-D; 1106; 1107-A; 1108; 1109; 1110; 1111; 
1111-A, subsection 4-A; 1116; 1117; or 1118. 
3.  Finding by court necessary to impose other than minimum fine.  In the case of 
an individual, the court may suspend all or a portion of a minimum fine under subsection 
or impose a fine less than the minimum fine specified in subsection 2 if the court finds 
by a preponderance of the evidence that there are exceptional circumstances that justify 
imposition of a lesser financial penalty.  In making a finding of exceptional 
circumstances, the court may consider: 
A.  Reliable evidence of financial hardship on the part of the individual and the 
individual's family and dependents; 
B.  Reliable evidence of special needs of the individual or the individual's family and 
dependents; 
C.  Reliable evidence of the individual's income and future earning capacity and the 
individual's assets and financial resources from whatever source; 
D.  Reliable evidence regarding any pecuniary gain derived from the commission of 
the offense; and 
E.  The impact of imposition of the mandatory fine on the individual's reasonable 
ability to pay restitution under chapter 69. 
Sec. B-16.  29-A MRSA §2412-A, sub-§3, as amended by PL 2003, c. 673, Pt. 
TT, §5, is further amended to read: 
3.  Minimum mandatory sentences for certain suspension.  If the suspension was 
for OUI or an OUI offense, the court shall impose a minimum fine of $600, a term of 
imprisonment of 7 consecutive days and a suspension of license of not less than one year 
nor more than 3 years consecutive to the original suspension.  The penalties may not be 
suspended except as provided in subsection 3-A. 
A.  If the person has a prior conviction for violating this section within a 10-year 
period and was subject to the minimum mandatory sentences, then the following 
minimum penalties, which may not be suspended by the court, apply in the event the 
suspension was for OUI: 
(1)  A minimum fine of $1,000, a term of imprisonment of 30 consecutive days 
and a suspension of license for not less than one year nor more than 3 years 
consecutive to the original suspension in the event of one prior conviction; 
(2)  A minimum fine of $2,000, a term of imprisonment of 60 consecutive days 
and a suspension of license for not less than one year nor more than 3 years 
consecutive to the original suspension in the event of 2 prior convictions; or 
(3)  A minimum fine of $3,000, a term of imprisonment of 6 months and a 
suspension of license for not less than one year nor more than 3 years consecutive 
to the original suspension in the event of 3 or more prior convictions.  The 
sentencing class for this offense is a Class C crime. 
B.  For all other suspensions, the minimum fine for a first offense is $250, which may 
not be suspended by the court.  The minimum fine for 2nd and subsequent offenses is 
$500, which may not be suspended by the court. 
A separate reading of the allegation and a separate trial are not required under this 
subsection. 
Sec. B-17.  29-A MRSA §2412-A, sub-§3-A is enacted to read: 
3-A.  Finding by court necessary to impose other than minimum fine.  In the case 
of an individual, the court may suspend all or a portion of a minimum fine under 
subsection 3 or impose a fine less than the minimum fine specified in subsection 3 if the 
court finds by a preponderance of the evidence that there are exceptional circumstances 
that justify imposition of a lesser financial penalty.  In making a finding of exceptional 
circumstances, the court may consider: 
A.  Reliable evidence of financial hardship on the part of the offender and the 
offender's family and dependents; 
B.  Reliable evidence of special needs of the offender or the offender's family and 
dependents; 
C.  Reliable evidence of the offender's income and future earning capacity and the 
offender's assets and financial resources from whatever source; 
D.  Reliable evidence regarding any pecuniary gain derived from the commission of 
the offense; and 
E.  The impact of imposition of the mandatory fine on the offender's reasonable 
ability to pay restitution under Title 17-A, chapter 69. 
PART C 
Sec. C-1.  Revisor's review; cross-references.  The Revisor of Statutes shall 
review the Maine Revised Statutes and include in the errors and inconsistencies bill 
submitted to the First Regular Session of the 128th Legislature pursuant to Title 1, section 
any sections necessary to correct and update any cross-references in the statutes to 
provisions of law repealed in this Act. 
SUMMARY 
This bill, which is being submitted by the Criminal Law Advisory Commission, 
recodifies and revises the Maine Revised Statutes, Title 17-A, Part 3 and other portions of 
the Maine Criminal Code and amends other laws affected by this recodification and 
revision accordingly.  The purpose of this bill is to reorganize certain portions of the 
Maine Criminal Code to be more logical and user-friendly while bringing the language 
into conformity with current drafting standards, clarifying current law and eliminating 
inconsistencies within Title 17-A.  While much of the revision throughout this bill is 
intended to be technical in nature, the following changes are more substantive. 
Part A 
Part A recodifies and revises the Maine Revised Statutes, Title 17-A, Part 3. 
1. Chapter 61, General Sentencing Provisions, which is the current chapter 47: 
A.  Allows the court to accept a plea agreement between the attorney for the State and 
the defendant that provides for an agreed-upon authorized sentencing alternative, the 
imposition of which is deferred; 
B.  Specifies that, as with the Department of Corrections, the legal authority of jails 
to transfer individuals from one facility to another by agreement is not impaired by 
the provisions of chapter 61; and 
C.  Subjects to forfeiture a firearm that constitutes the basis for a conviction of 
aggravated unlawful operation of a methamphetamine laboratory. 
2.  Chapter 63, Sentences of Imprisonment, which is the current chapter 51: 
A.  Specifies that, in imposing a sentencing alternative that includes a term of 
imprisonment, the court is required to set a definite period of imprisonment; 
B.  Specifies the steps of the sentencing process the court must take in imposing a 
sentence for the crime of murder; 
C.  Specifies that the court must employ specific steps of the sentencing process when 
imposing a period of supervised release after imprisonment and determine the 
appropriate period of supervised release;  
D.  Specifies that no portion of a term of imprisonment for murder may be 
suspended;  
E.  Specifies that, unless the law that the individual is convicted of violating 
expressly provides that an authorized term of imprisonment may not be suspended 
and if the individual is eligible for probation or administrative release, a court may 
suspend the authorized term of imprisonment in whole or in part and accompany the 
suspension with a period of probation or administrative release.  The period of 
probation may not exceed the maximum period of probation authorized for the crime, 
and the period of administrative release may not exceed one year; 
F.  Clarifies that provisions regarding a previously imposed sentence when a new 
sentence is to be served consecutively apply to administrative release as well as 
probation; 
G.   Does not retain the provision in current law prohibiting the court from 
resentencing a defendant if the sentences are consecutive as a matter of law;  
H.  Includes administrative release in the provision prohibiting a court from imposing 
a sentence of imprisonment, not wholly suspended, to be served consecutively with 
any split sentence, or to any sentence including supervised release previously 
imposed or imposed on the same date, if the net result would be to have the 
individual released from physical confinement be on probation, administrative release 
or supervised release for the first sentence and thereafter be required to serve an 
unsuspended term of imprisonment on the 2nd sentence; and 
I.  Allows the court to rearrange the order of sentences. 
3.  Chapter 65, Fines, Fees, Assessments and Surcharges, gathers various provisions 
regarding fines, fees, assessments and surcharges from throughout Part 3 into one 
chapter.  Specifically, chapter 65 does the following. 
A.  Subchapter 1, Fines, which is the current chapter 53: 
(1)  Requires the court, in imposing a sentencing alternative that includes a fine, 
to set a specific amount of money; 
(2)  Collects the current statutory exceptions to the maximum fine amounts based 
on the class of the crime and requires that the State plead and prove each of them.  
The definition and sentence hearing procedure for the pecuniary gain exception 
are also changed;   
(3)  Specifies that, for purposes of a default hearing, “convicted person” includes 
an individual or individuals authorized to make disbursements from the assets of 
a convicted organization;   
(4)  Subjects a person on administrative release to the provisions regarding 
reporting of default and motions to revoke based on failure to pay a fine; and 
(5)  Changes the treatment of the imposition of community service work for an 
unexcused default as a stand-alone court sanction instead of as a sentencing 
alternative as under current law. 
B. Subchapter 2, Fees, Assessments and Surcharges, which is the current chapters 49, 
54-B, 54-F and 54-G:  
(1)  Specifies that the provisions regarding failure to pay a county jail 
reimbursement fee apply to a person on administrative release as well as on 
probation;   
(2)  Changes the credit that an individual committed for nonpayment of a 
reimbursement fee is given toward the payment of a reimbursement fee for each 
day of confinement that the individual is in custody to not be less than $25 or 
more than $100;   
(3)  Specifies that a court may impose other surcharges and assessments that are 
outside the Maine Criminal Code; and 
(4)  Specifies that the authority of the Supreme Judicial Court to impose fees, 
surcharges or assessments by administrative order or rule is not affected by the 
provisions of chapter 65.   
4.  Chapter 67, Conditional Release, contains the provisions of law regarding 
probation, administrative release, supervised release for sex offenders and deferred 
disposition with the following changes. 
A.  Subchapter 1, Probation, which is the current chapter 49: 
(1)  Requires the court in imposing a sentencing alternative under section 1152 
that includes a period of probation to set a definite period of probation;  
(2)  Authorizes any court to rearrange the order of sentences; and 
(3)  Authorizes a probation officer to offer a person who has violated probation in 
a noncriminal manner the option of participating in a public restitution program 
or treatment program administered through a correctional facility or county jail 
instead of commencing a probation revocation proceeding or residing at a county 
jail or, as under current law, a correctional facility, for a period of time not 
exceeding 90 days. 
B. Subchapter 2, Administrative Release, which is the current chapter 54-G: 
(1)  Allows a court to terminate a period of administrative release that would 
delay commencement of a consecutive unsuspended term of imprisonment; 
(2)  Requires the court, as a result of an administrative release revocation hearing, 
to respecify the place of imprisonment for both the portion of previously 
suspended sentence of imprisonment required to be served and any remaining 
suspended portion if necessary to carry out the intent of section 1805, subsection 
1, paragraph D; and 
(3)  Does not retain the current provisions of law that specifies a suspended 
sentence with administrative release commences on the date the person goes into 
actual execution of the sentence. 
C.  Subchapter 3, Supervised Release for Sex Offenders, which is the current chapter 
50, authorizes a court to terminate a period of supervised release that would delay 
commencement of a consecutive unsuspended term of imprisonment. 
5.  Chapter 71, Community Service Work, which is the current Chapter 54-C: 
A.  Requires an individual who has been sentenced to perform a specified number of 
hours of community service work and who is in danger of default for failing to 
complete the work in the manner ordered by the court to request a modification to 
avoid the default.  The court may modify its prior order as to the time for completion, 
the nature of the work to be performed or the entity for which the work is to be 
performed; and 
B.  Specifies the process for a default proceeding for an individual who has been 
sentenced to perform community service work who fails to complete the sentence, 
including a reporting process to the court, a motion and hearing process to adjudicate 
the default, which includes the right to counsel, and specific dispositional alternatives 
available to the court both in the case of an unexcused default and an excused default. 
6.  Chapter 75, Victims' Rights, which is current the chapter 48, provides a definition 
of "immediate family" of the victim. 
7.  Chapter 81, Administration of Imposed Sentences of Imprisonment, contains the 
provisions of law regarding administration of imposed sentences of imprisonment, 
including the place of commitment and calculations of deductions for time detained prior 
to and after conviction, including discretionary deductions, and: 
A.  Establishes definitions of "jail" and "sentence of imprisonment" for purposes of 
the chapter; 
B.  Establishes a section for provisions that apply generally to sentences of 
imprisonment, such as deductions and how those deductions are applied to concurrent 
and consecutive sentences; 
C.  Specifies that detention in a mental health institution is considered the same as 
detention in a correctional facility, jail or local lockup for purposes of calculating 
deductions; and 
D.  Does not retain the current provision of law giving the attorney for the State the 
right to be heard at the time of sentence and to recommend a specific sentence or 
other disposition and requiring the court to consider any statements made by the 
attorney for the State, along with all other appropriate factors, in determining the 
sentence.  It also does not retain the references to chapter 75, Victims' Rights. 
Part B 
Part B makes changes to the current law to reflect the changes made in Part A, 
including: 
1.  Adding new definitions of "concurrent sentence," "consecutive sentence," 
"individual" and "split sentence" for purposes of the Maine Criminal Code; 
2.  Specifying that the definitions of "day," "week," "month" and "year" apply for the 
purposes of imposing imprisonment or probation, administrative release or supervised 
release; 
3.  Allows the court, but only for an individual, to suspend all or a portion of a 
minimum fine or impose a lesser fine other than the mandatory fine for certain drug 
offenses, assault and operating under the influence if the court finds by a preponderance 
of the evidence that there are exceptional circumstances that justify imposition of a lesser 
financial penalty; and 
4. For purposes of imposition of a fine based on the value of a scheduled drug that is 
the basis for a conviction, requires the State to plead and prove the value of the scheduled 
drug. 
Part C 
Part C provides for the correction and update of other sections of law not touched in 
the bill, such as cross-references in the Maine Revised Statutes to provisions of law 
repealed in this bill.