An Act To Ensure Judicial Discretion in Sentencing
Maine Legislature, Session 130, LD 1303
Committee: Judiciary
Sponsors: WARREN, BAILEY, EVANGELOS, HARNETT, LOOKNER, MORALES, O'NEIL, PLUECKER, TALBOT ROSS, WILLIAMS
Amends: 17-A MRSA §1613

Legislative Document
No. 1303
H.P. 959
House of Representatives, March 30, 2021
An Act To Ensure Judicial Discretion in Sentencing
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative WARREN of Hallowell.
Cosponsored by Senator BAILEY of York and
Representatives: EVANGELOS of Friendship, HARNETT of Gardiner, LOOKNER of 
Portland, MORALES of South Portland, O'NEIL of Saco, PLUECKER of Warren, TALBOT 
ROSS of Portland, WILLIAMS of Bar Harbor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1613 is enacted to read:
§1613.  Judicial discretion
1.  Term of imprisonment under this Title.  Beginning January 1, 2022, 
notwithstanding any provision of law to the contrary, the court shall exercise judicial 
discretion in imposing a sentencing alternative that includes a term of imprisonment under 
this Title.  Beginning January 1, 2022, any provision of this Title that requires the court to 
impose a mandatory term of imprisonment is deemed to require the court to exercise 
judicial discretion and to determine and impose a sentence of imprisonment that may be 
less than but may not exceed the length that is stated as mandatory.
2.  Term of imprisonment under other Titles.  Beginning January 1, 2022, 
notwithstanding any provision of law to the contrary, the court shall exercise judicial 
discretion in imposing a sentence of a term of imprisonment under any provision of any 
statute.  Beginning January 1, 2022, any provision of any statute that requires the court to 
impose a mandatory term of imprisonment is deemed to require the court to exercise 
judicial discretion and to determine and impose a sentence of imprisonment that may be 
less than but may not exceed the length that is stated as mandatory.
Sec. 2.  Revisor report and legislation.  The Revisor of Statutes shall review the 
Maine Revised Statutes and compile all provisions that require the court in sentencing a 
person for a violation of law to impose a mandatory term of imprisonment.  The Revisor 
of Statutes shall submit a report by January 15, 2022 to the Joint Standing Committee on 
Criminal Justice and Public Safety listing all provisions of all Titles that require the court 
to impose a mandatory term of imprisonment and providing amending language to change 
the mandatory term of imprisonment into a maximum term of imprisonment as determined 
in the discretion of the court.  After receiving and reviewing the report of the Revisor of 
Statutes, the Joint Standing Committee on Criminal Justice and Public Safety may 
introduce legislation to the Second Regular Session of the 130th Legislature.
SUMMARY
This bill provides for the exercise of judicial discretion beginning January 1, 2022 to 
change all mandatory terms of imprisonment for persons sentenced beginning on that date 
to maximum terms of imprisonment.  The bill applies to all Titles of the Maine Revised 
Statutes.  The bill directs the Revisor of Statutes to review the Maine Revised Statutes and 
compile all provisions that require the court in sentencing a person for a violation of law to 
impose a mandatory term of imprisonment.  The Revisor of Statutes is required to submit 
a report by January 15, 2022 to the Joint Standing Committee on Criminal Justice and 
Public Safety listing all provisions of all Titles that require the court to impose a mandatory 
term of imprisonment and providing amending language to change the mandatory term of 
imprisonment into a maximum term of imprisonment as determined in the discretion of the 
court.  After receiving and reviewing the report of the Revisor of Statutes, the Joint 
Standing Committee on Criminal Justice and Public Safety may introduce legislation to the 
130th Legislature.