An Act Related to Community Reparations Boards
Maine Legislature, Session 129, LD 0635
Committee: Criminal Justice and Public Safety
Sponsors: CARPENTER
Amends: 17-A MRSA §1204-A, 17-A MRSA §1348-A

Legislative Document
No. 635
S.P. 197
In Senate, February 7, 2019
An Act Related to Community Reparations Boards
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARPENTER of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1204-A, sub-§1-A is enacted to read:
1-A.  If the court imposes a sentencing alternative that includes a period of deferred 
disposition, the court may, with the express approval of the prosecuting attorney, require 
as a condition of the deferred disposition that the person subject to the deferred 
disposition appear before a community reparations board and abide by any requirement 
imposed by the board if the court finds no circumstance that makes the appearance 
inappropriate.
Sec. 2.  17-A MRSA §1204-A, sub-§2, ¶B, as enacted by PL 1997, c. 421, Pt. B, 
§2, is amended to read:
B.  Appear before the board as directed by the probation officer, Department of 
Corrections employee enforcing a deferred disposition or prosecuting attorney; and
Sec. 3.  17-A MRSA §1204-A, sub-§§4 and 5, as enacted by PL 1997, c. 421, 
Pt. B, §2, are amended to read:
4.  No requirement imposed by a community reparations board may extend longer 
than 6 months, except to pay restitution or as ordered by the court.
5.  Failure to abide by the requirements of this section constitutes a violation of 
probation or of the deferred disposition.
Sec. 4.  17-A MRSA §1348-A, sub-§1, as amended by PL 2005, c. 288, §1, is 
further amended to read:
1.    Following the acceptance of a plea of guilty for a crime for which a person is 
eligible for a deferred disposition under section 1348, 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.  The court-imposed deferment requirements may include a requirement 
that a person appear before a community reparations board pursuant to section 1204-A, 
subsection 1-A.  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.
SUMMARY
This bill provides that, if a court imposes a sentencing alternative that includes a 
period of deferred disposition, the court may, with the express approval of the 
prosecuting attorney, require as a condition of the deferred disposition that the person 
subject to the deferred disposition appear before a community reparations board and 
abide by any requirement imposed by the board if the court finds no circumstance that 
makes the appearance inappropriate.