An Act To Amend the Maine Criminal Code
Maine Legislature, Session 130, LD 0536
Committee: Criminal Justice and Public Safety
Sponsors: DESCHAMBAULT, PICKETT, RECKITT
Amends: 17-A MRSA §1609, 17-A MRSA §2016, 17-A MRSA §301, 34-A MRSA §11273, 37-B MRSA §504, 17-A MRSA §1111-B, 17-A MRSA §257

Legislative Document
No. 536
S.P. 223
In Senate, February 24, 2021
An Act To Amend the Maine Criminal Code
Submitted by the Criminal Law Advisory Commission pursuant to the Maine Revised 
Statutes, Title 17-A, section 1354, subsection 2.
Received by the Secretary of the Senate on February 22, 2021.  Referred to the Committee 
on Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DESCHAMBAULT of York.
Cosponsored by Representative PICKETT of Dixfield and
Representative: RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  17-A MRSA §1609, as enacted by PL 2019, c. 113, Pt. A, §2, is repealed 
and the following enacted in its place:
§1609.  Nonconcurrent sentence
1.  Mandatory nonconcurrent 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, 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 while in 
execution of a term of imprisonment must be nonconcurrent with all other sentences.
This subsection also applies to prisoners on supervised community confinement pursuant 
to Title 34-A, section 3036-A. 
2.  Discretionary nonconcurrent sentence.  Notwithstanding section 1608, when an 
individual subject to an undischarged term of imprisonment is convicted of a crime 
committed during a stay of execution of any term of imprisonment, convicted of a crime 
committed after failure to report after a stay of execution of any term of imprisonment or 
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 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 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 subsection must be nonconcurrent 
with all other sentences.
PART B
Sec. B-1.  17-A MRSA §2016, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
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 forward the funds, as provided in section 2009, to the Treasurer of State to be 
handled as unclaimed property.
Sec. B-2.  17-A MRSA §2016, sub-§2, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
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 forward the funds, as provided in section 2009, to the Treasurer of State to be 
handled as unclaimed property.  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.
PART C
Sec. C-1.  17-A MRSA §301, sub-§1, ¶A, as amended by PL 2001, c. 383, §26 
and affected by §156, is further amended to read:
A.  The actor knowingly restrains another person with the intent to:
(1)  Hold the other person for ransom or reward;
(2)  Use the other person as a shield or hostage;
(3)  Inflict bodily injury upon the other person or subject the other person to 
conduct defined as criminal in chapter 11;
(3-A)  Subject the other person to conduct defined as criminal in chapter 11;
(4)  Terrorize the other person or a 3rd person;
(5)  Facilitate the commission of another crime by any person or flight thereafter; 
or
(6)  Interfere with the performance of any governmental or political function; or
Sec. C-2.  34-A MRSA §11273, sub-§16, ¶C, as enacted by PL 2011, c. 663, §3, 
is amended to read:
C.  Title 17‑A, section 301, subsection 1, paragraph A, subparagraph (3) if the crime is 
committed prior to January 1, 2022;
Sec. C-3.  34-A MRSA §11273, sub-§16, ¶C-1 is enacted to read:
C-1.  Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3-A) if the 
crime is committed on or after January 1, 2022;
Sec. C-4.  37-B MRSA §504, sub-§4, ¶H, as enacted by PL 2015, c. 175, §1, is 
amended by amending subparagraph (3) to read:
(3)  Been convicted of a Class A or Class B crime under:
(a)  Title 17-A, chapter 11;
(b)  Title 17-A, chapter 12; or
(c)  Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3) if the 
crime is committed prior to January 1, 2022; or
(d)  Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3-A) if 
the crime is committed on or after January 1, 2022;
PART D
Sec. D-1.  17-A MRSA §1111-B, as amended by PL 2019, c. 292, §1, is further 
amended to read:
§1111-B.  Exemption from criminal liability for reporting a drug-related medical 
emergency or administering naloxone
A person who in good faith seeks medical assistance for or administers naloxone 
hydrochloride to another person experiencing a drug-related overdose or who is 
experiencing a drug-related overdose and is in need of medical assistance may not be 
arrested or prosecuted for or subject to revocation of probation based on conduct that would 
otherwise constitute a violation of section 1107‑A, 1108, 1111 or 1111‑A or a violation of 
probation as authorized by chapter 49 if the grounds for arrest or prosecution are obtained 
as a result of the person's seeking medical assistance, administering naloxone 
hydrochloride or experiencing a drug-related overdose.
PART E
Sec. E-1.  17-A MRSA §257, as amended by PL 2007, c. 476, §3, is repealed.
SUMMARY
This bill is submitted by the Criminal Law Advisory Commission pursuant to the 
Maine Revised Statutes, Title 17-A, section 1354, subsection 2.
Part A of the bill authorizes nonconcurrent sentencing when a crime is committed by a 
convicted person during a stay of execution of any term of imprisonment or after failure to 
report after a stay of execution of any term of imprisonment.  It also authorizes 
nonconcurrent sentencing when the convicted person is convicted of the crime of failure to 
report as ordered after a stay of execution of any term of imprisonment.
Part B amends Title 17-A, section 2016 to make it consistent with existing law in Title 
17-A, section 2009 with respect to disposition of funds by correctional facilities when they 
hold funds for the purposes of restitution and the victim cannot be located.  Current Title 
17-A, section 2016 requires the facility to notify the court and the court to determine 
distribution of the funds.  The bill requires the facility to forward the funds to the Treasurer 
of State to be handled as unclaimed property, consistent with current Title 17-A, section 
2009.
Part C separates 2 variants of kidnapping, restraining a person with intent to commit 
bodily injury and restraining a person with intent to commit a sexual assault, which are 
included in current law in the same provision.  This Part amends the Sex Offender 
Registration and Notification Act of 2013 to clarify that, beginning January 1, 2022, 
kidnapping with intent to commit sexual assault, and not kidnapping with intent to commit 
bodily injury, qualifies as a Tier III offense under that Act.  This Part also clarifies that, 
beginning January 1, 2022, kidnapping with intent to commit sexual assault, and not 
kidnapping with intent to commit bodily injury, renders a person ineligible for interment 
in the Maine Veterans' Memorial Cemetery System.
Part D clarifies that immunity from revocation of probation is limited to the same 
conduct for which there is immunity from prosecution under the law protecting persons 
seeking medical assistance or administering naloxone hydrochloride or experiencing a 
drug-related overdose.
Part E repeals a section of law in Title 17-A, chapter 11 on factors aiding in predicting 
high-risk sex offenders for sentencing purposes, leaving individual risk assessment at 
sentencing to the judgment of the court.