An Act Regarding Sentencing Options for a Person Convicted of a Crime Committed While Serving a Term of Imprisonment
Maine Legislature, Session 130, LD 0801
Committee Amendment CA_A_S242 (Senate)
Amends: 17-A MRSA §755, 17-A MRSA §1609-A

COMMITTEE AMENDMENT " f}-" to S.P. 109, L.D. 801, "An Act Regarding 
Sentencing Options for a Person Convicted of a Crime Committed While Serving a Term 
of Imprisonment" 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 17-A MRSA §755, sub-§1-E, as amended by PL 2019, c. 113, Pt. C, §62, 
is further amended by amending the first blocked paragraph to read: 
A sentence imposed for a violation of this section is subject to the requirements of section 
-¼G:9- 1609-A.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 17-A MRSA §1609-A is enacted to read: 
§1609-A. Discretionary sentence 
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, is convicted of a crime committed during a stay of execution of any term of 
imprisonment, is convicted of a crime committed after failure to report after a stay of 
execution of any term of imprisonment ot is convicted of failure to report as ordered after 
a stay of execution of any term of imprisonment, the court may order that the sentence is 
not concurrent with any undischarged term of imprisonment. If the court orders that the 
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sentence is not concurrent, the comi 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 nonconcurrent sentence that the 
convicted individual receives as a result of an order entered pursuant to this section must 
be nonconcurrent with all other sentences.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" l4 "to S.P. 109, L.D. 801 Cs-zA'u; 
SUMMARY 
This amendment adds to the bill a new section that provides that when an individual 
subject to an undischarged term of imprisonment is convicted of a crime committed while 
in execution of any term of imprisonment, is convicted of a crime committed during a stay 
of execution of any term of imprisonment, is convicted of a crime committed after failure 
to report after a stay of execution of any term of imprisonment or is convicted of failure to 
report as ordered after a stay of execution of any term of imprisonment, the comi may order 
that the sentence is not concurrent with any undischarged term of imprisonment. If the 
comi orders that the sentence is not concurrent, the court may order that any undischarged 
term of imprisonment be tolled and service of the nonconcurrent sentence commence 
immediately, and the amendment requires the court to so order if any undischarged term of 
imprisonment is a split sentence. No portion of the nonconcurrent sentence may be 
suspended. Any nonconcurrent sentence that the convicted individual receives as a result 
of an order entered pursuant to this provision must be nonconcurrent with all other 
sentences. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/26/21 ;1&:'ac 
LD 801 
LR 243(02) 
An Act Regarding Sentencing Options for a Person Convicted of a Crime Committed While Serving a 
Term of Imprisonment 
Fiscal Note for Bill as Amended by Committee Amendment '&'(s~cfV 
Committee: Criminal Justice and Public Safety 
J 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium savings - General Fund 
Fiscal Detail and Notes 
Current law requires a nonconcurrent sentence when a person is convicted of a crime committed while the person is 
serving their sentence on another conviction. The bill would allow an individual to serve a sentence concurrently 
under certain circumstances, reducing the amount of time individuals will be incarcerated and decreasing correctional 
costs. The amount of savings realized as a result of this bill will depend on how many individuals are sentenced to 
concurrent sentences. The current average cost of incarcerating an individual for one day in a correctional facility is 
$151.24, totaling $55,203 per year.