An Act To Align the Preconviction and Post-conviction Discretionary Deductions for Time Served
Maine Legislature, Session 130, LD 0788
Committee: Judiciary
Sponsors: EVANGELOS
Amends: 12 MRSA §6004, 12 MRSA §8004, 12 MRSA §10608, 15 MRSA §3314, 17-A MRSA §2305, 29-A MRSA §115

Legislative Document
No. 788
H.P. 593
House of Representatives, March 5, 2021
An Act To Align the Preconviction and Post-conviction 
Discretionary Deductions for Time Served
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative EVANGELOS of Friendship.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6004, last ¶, as amended by PL 2019, c. 113, Pt. C, §9, is further 
amended to read:
Any period of confinement must be served concurrently with any other period of 
confinement previously imposed and not fully discharged or imposed on the same date.  
Any period of confinement is subject to Title 17‑A, section 2305, except that a statement 
is not required to be furnished and the day-for-day deduction must be determined by the 
facility, but is not subject to Title 17‑A, section 2305, subsection 4 or 4-A; section 2307, 
subsections 2, 3 and 4; section 2308, subsection 2; section 2309, subsection 2; or section 
2310, subsections 3, 6 and 7.  If the court suspends the period of confinement in whole or 
in part, the court shall impose a period of administrative release not to exceed one year.  
The administrative release must be administered pursuant to Title 17-A, chapter 67, 
subchapter 2, and revocation of the administrative release is governed by the provisions of 
that subchapter.
Sec. 2.  12 MRSA §8004, last ¶, as amended by PL 2019, c. 113, Pt. C, §16, is 
further amended to read:
Any period of confinement must be served concurrently with any other period of 
confinement previously imposed and not fully discharged or imposed on the same date.  
Any period of confinement is subject to Title 17‑A, section 2305, except that a statement 
is not required to be furnished and the day-for-day deduction must be determined by the 
facility, but is not subject to Title 17‑A, section 2305, subsection 4 or 4-A; section 2307, 
subsections 2, 3 and 4; section 2308, subsection 2; section 2309, subsection 2; or section 
2310, subsections 3, 6 and 7.  If the court suspends the period of confinement in whole or 
in part, the court shall impose a period of administrative release not to exceed one year.  
The administrative release must be administered pursuant to Title 17‑A, chapter 67, 
subchapter 2, and revocation of the administrative release is governed by the provisions of 
that subchapter.
Sec. 3.  12 MRSA §10608, last ¶, as amended by PL 2019, c. 113, Pt. C, §19, is 
further amended to read:
Any period of confinement must be served concurrently with any other period of 
confinement previously imposed and not fully discharged or imposed on the same date.  
Any period of confinement is subject to Title 17‑A, section 2305, except that a statement 
is not required to be furnished and the day-for-day deduction must be determined by the 
facility, but is not subject to Title 17‑A, section  2305, subsection 4 or 4-A; section 2307, 
subsections 2, 3 and 4; section 2308, subsection 2; section 2309, subsection 2; or section 
2310, subsections 3, 6 and 7.  If the court suspends the period of confinement in whole or 
in part, the court shall impose a period of administrative release not to exceed one year.  
The administrative release must be administered pursuant to Title 17‑A, chapter 67, 
subchapter 2, and revocation of the administrative release is governed by the provisions of 
that subchapter.
Sec. 4.  15 MRSA §3314, sub-§1, ¶H, as amended by PL 2019, c. 113, Pt. C, §48, 
is further amended to read:
H.  The court may order the juvenile to serve a period of confinement that may not 
exceed 30 days, with or without an underlying suspended disposition of commitment 
to a Department of Corrections juvenile correctional facility, which confinement must 
be served concurrently with any other period of confinement previously imposed and 
not fully discharged or imposed on the same date but may be served intermittently as 
the court may order and must be ordered served in a facility approved or operated by 
the Department of Corrections exclusively for juveniles.  The court may order such a 
disposition to be served as a part of and with a period of probation that is subject to 
such provisions of Title 17‑A, section 1807 as the court may order and that must be 
administered pursuant to Title 34‑A, chapter 5, subchapter 4.  Revocation of probation 
is governed by the procedure contained in subsection 2.  Any disposition under this 
paragraph is subject to Title 17‑A, section 2305 except that a statement is not required 
to be furnished and the day-for-day deduction must be determined by the facility, but 
is not subject to Title 17‑A, section 2305, subsection 4 or 4-A; section 2307, 
subsections 2, 3 and 4; section 2308, subsection 2; section 2309, subsection 2; or 
section 2310, subsections 3, 6 and 7.  For purposes of calculating the commencement 
of the period of confinement, credit is accorded only for the portion of the first day for 
which the juvenile is actually confined; the juvenile may not be released until the 
juvenile has served the full term of hours or days imposed by the court.  When a 
juvenile is committed for a period of confinement, the court shall determine whether 
reasonable efforts have been made to prevent or eliminate the need for removal of the 
juvenile from the juvenile's home or that reasonable efforts are not necessary because 
of the existence of an aggravating factor as defined in Title 22, section 4002, subsection 
1-B and whether continuation in the juvenile's home would be contrary to the welfare 
of the juvenile.  This determination does not affect whether the court orders a period 
of confinement.
Sec. 5.  17-A MRSA §2305, sub-§4-A is enacted to read:
4-A.  Additional deduction when warranted for crime committed on or after 
August 1, 2020.  An individual may receive a deduction of up to 4 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, 2020 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:
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
Sec. 6.  17-A MRSA §2305, sub-§6, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
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 and 4-A, if any, unless, within 15 days of its receipt, the attorney for 
the State furnishes a revised statement to the administrator.
Sec. 7.  29-A MRSA §115, 3rd ¶, as amended by PL 2019, c. 113, Pt. C, §73, is 
further amended to read:
Any period of confinement must be served concurrently with any other period of 
confinement previously imposed and not fully discharged or imposed on the same date.  
Any period of confinement is subject to Title 17‑A, section 2305, except that a statement 
is not required to be furnished and the day-for-day deduction must be determined by the 
facility, but is not subject to Title 17‑A, section 2305, subsection 4 or 4-A; section 2307, 
subsections 2, 3 and 4; section 2308, subsection 2; section 2309, subsection 2; or section 
2310, subsections 3, 6 and 7.  If the court suspends the period of confinement in whole or 
in part, the court shall impose a period of administrative release not to exceed one year.  
The administrative release must be administered pursuant to Title 17-A, chapter 67, 
subchapter 2, and revocation of the administrative release is governed by the provisions of 
that subchapter.
SUMMARY
This bill increases the discretionary deduction for time served for a person who serves 
time 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 or imprisonment.  The bill makes the discretionary deduction for time 
served the same for preconviction and post-conviction time served.  The new deduction 
applies to an individual who commits a crime on or after August 1, 2020.