An Act Establishing the Maine Sentencing Guidelines Commission
Maine Legislature, Session 131, LD 1865
Committee: Judiciary
Sponsors: TALBOT ROSS, MOONEN, RECKITT
Amends: 5 MRSA §960, 5 MRSA §12004-I, 17-A MRSA §1505

Legislative Document
No. 1865
H.P. 1195
House of Representatives, May 2, 2023
An Act Establishing the Maine Sentencing Guidelines Commission
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Representatives: MOONEN of Portland, RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §960 is enacted to read:
§960.  Maine Sentencing Guidelines Commission
1.  Major policy-influencing positions.  The following positions are major policy-
influencing positions within the Maine Sentencing Guidelines Commission, established by 
section 12004-I, subsection 52-D. Notwithstanding any provision of law to the contrary, 
these positions and their successor positions are subject to this chapter:
A.  Research director.
Sec. 2.  5 MRSA §12004-I, sub-§52-D is enacted to read:
52-D.   
Judiciary: 
Criminal Law
Maine Sentencing Guidelines 
Commission
Expenses Only
17-A MRSA 
§1505
Sec. 3.  17-A MRSA §1505 is enacted to read:
§1505.  Maine Sentencing Guidelines Commission
1.  Commission established.  The Maine Sentencing Guidelines Commission, 
established by Title 5, section 12004-I, subsection 52-D and referred to in this section as 
"the commission," is created for the purpose of developing and adopting advisory 
sentencing guidelines for murder and Class A, B and C crimes.
2.  Membership.  The commission consists of the following 19 members:
A.  The Chief Justice of the Supreme Judicial Court or the Chief Justice's designee;
B.  One Justice of the Superior Court, appointed by the Chief Justice of the Supreme 
Judicial Court;
C.  One Judge of the District Court, appointed by the Chief Justice of the Supreme 
Judicial Court;
D.  The Commissioner of Corrections or the commissioner's designee;
E.  The Commissioner of Public Safety or the commissioner's designee;
F.  A district attorney under Title 30-A, chapter 1, subchapter 5, appointed by the 
Governor upon recommendation of an association of prosecutors in the State;
G.  An attorney who primarily represents criminal defendants, appointed by the 
President of the Senate upon recommendation of an association of criminal defense 
lawyers in the State;
H.  A probation and parole officer under Title 34-A, section 5404, appointed by the 
President of the Senate; 
I. One member who is a representative of a statewide legal aid organization, appointed 
by the President of the Senate;
J. One member who is a representative of a statewide organization that focuses on 
restorative justice, appointed by the President of the Senate;
K. One member with expertise in mental health issues, appointed by the President of 
the Senate;
L. One member who was formerly incarcerated, appointed by the President of the 
Senate;
M.  Three members of the public, one of whom is a victim of a Class A, B or C crime, 
appointed by the Speaker of the House of Representatives;
N. One member who is a representative of a statewide legal aid organization 
specializing in criminal law, appointed by the Speaker of the House of Representatives;
O. One member who is a representative of a statewide civil rights organization that 
focuses on advancing criminal justice, appointed by the Speaker of the House of 
Representatives;
P. One member with expertise in substance use disorder, appointed by the Speaker of 
the House of Representatives; and
Q. One member who was formerly incarcerated, appointed by the Speaker of the House 
of Representatives.
When an appointing authority selects an individual for membership on the commission, the 
appointing authority shall make reasonable efforts to appoint members that reflect the 
diversity of the State's racial and gender demographics and qualified members of a 
protected class as defined in Title 5, section 4553, subsection 8-F. For purposes of this 
subsection, "restorative justice" means the rehabilitation of a criminal offender through 
reconciliation with victims and the community at large.
3.  Chair; terms; vacancy; reappointment; other officers; quorum; 
reimbursement.  The commission shall select one of its members to serve as chair of the 
commission. Members of the commission are appointed for 3-year terms. Each member 
continues in office until a successor is duly appointed. A vacancy on the commission must 
be filled in the same manner as the original appointment was made under subsection 2. 
Members are eligible for reappointment. The commission may elect any additional officers 
necessary for the efficient discharge of the commission's duties. A quorum of the 
commission consists of 10 members. Members are compensated as provided in Title 5, 
chapter 379.
4.  Meetings; procedures.  The commission shall meet as necessary, but at least 2 
times per year, to develop, adopt and modify sentencing guidelines and carry out other 
duties under this section or as directed by the Legislature. The commission may establish 
procedures to carry out its duties under this section.
5.  Sentencing guidelines advisory; do not create right; public policy.  The 
sentencing guidelines are advisory and a court is encouraged to follow the sentencing 
guidelines when sentencing a defendant, but a court shall follow the procedures of the 
sentencing guidelines when pronouncing a sentence in a proceeding to which the 
sentencing guidelines apply by operation of statute. Sentencing pursuant to the sentencing 
guidelines is not a right that accrues to a defendant. The sentencing guidelines are a 
procedure based on state public policy to maintain uniformity, proportionality, rationality 
and predictability in sentencing similarly situated persons for similar crimes.
6.  Development and modification of sentencing guidelines.  The commission shall 
develop sentencing guidelines to provide guidance to a court. In establishing and modifying 
the sentencing guidelines, the primary considerations of the commission are public safety 
and equal application of sentences under the law. The commission shall also consider 
current sentencing and release practices, correctional resources, including the capacities of 
state and local correctional facilities, and the long-term negative impact of the crime on the 
community. The sentencing guidelines must be based on reasonable offense and offender 
characteristics for murder and Class A, B and C crimes. The sentencing guidelines adopted 
by the commission must establish:
A.  The circumstances under which imprisonment of an offender is proper; and
B.  Appropriate sanctions for offenders for whom imprisonment is not proper, making 
specific reference to noninstitutional sanctions, including payment of fines, restitution, 
community service, work release programs, community-based residential and 
nonresidential programs, incarceration in a local correctional facility and probation.
7.  Clearinghouse and information center.  The commission shall serve as a 
clearinghouse and information center for the collection, preparation, analysis and 
dissemination of information on state and local sentencing practices and conduct ongoing 
research regarding sentencing guidelines, use of imprisonment and alternatives to 
imprisonment, plea bargaining and other matters relating to the improvement of the 
criminal justice system. The commission shall from time to time make recommendations 
to the Legislature regarding changes in the Maine Criminal Code, criminal procedures and 
other aspects of sentencing, including information regarding the impact of statutory 
changes to the State's criminal laws related to controlled substances.
8.  Study.  After the implementation of the sentencing guidelines, the commission shall 
periodically study at least every 2 years the impact of the sentencing guidelines and review 
the powers and duties of the Commissioner of Corrections.
9.  Administrative support; voluntary and uncompensated services; ability to 
enter contracts; request information.  The judiciary shall provide adequate office space, 
resources and administrative support for the commission. The commission may also utilize 
the services, equipment, personnel, information and resources of another state agency with 
the consent of the agency and may accept voluntary and uncompensated services, contract 
with individuals and public and private agencies and request information, reports and data 
from any agency of the State or any of its political subdivisions to the extent authorized by 
law.
10.  Funds acceptance; borrowing prohibited.  If the Federal Government or a 
person, corporation or any other entity offers funds to the commission to carry out the 
commission's purposes and duties, the commission may accept the offer by majority vote 
of its membership and upon acceptance the chair shall receive the funds subject to the terms 
of the offer. Funds may not be accepted or received as a loan and the commission may not 
incur any indebtedness except in the manner and under the limitations otherwise provided 
by law.
11.  Research director; other staffing.  The commission may select and employ a 
research director to perform the duties the commission directs, including the hiring of any 
clerical help and other employees who the commission approves. The research director 
position and compensation is in the unclassified service of the State under Title 5, chapter 
71. The position and compensation of another staff member is pursuant to Title 5, chapter 
372.
12.  Modification.  The commission shall meet as necessary, but at least 2 times per 
year, for the purpose of modifying and improving the sentencing guidelines. Any 
modification of the sentencing guidelines regarding severity levels and offender 
characteristics or that results in the reduction of any sentence or in the early release of any 
inmate, with the exception of a modification mandated or authorized by the Legislature or 
relating to a crime created or amended by the Legislature in the preceding session, must be 
submitted to the Legislature by January 15th of the year in which the commission wishes 
to make the change. All other modifications take effect according to the procedures of the 
commission under subsection 4. On or before January 15th of each year, the commission 
shall submit a written report to the joint standing committee of the Legislature having 
jurisdiction over judicial matters that identifies and explains all modifications made during 
the preceding 12 months and all proposed modifications that are being submitted to the 
Legislature that year.
13.  Rules.  The commission shall adopt rules to implement the sentencing guidelines. 
Rules adopted pursuant to this subsection are routine technical rules under Title 5, chapter 
375, subchapter 2-A.
Sec. 4.  Submission of sentencing guidelines.  By November 6, 2024, the Maine 
Sentencing Guidelines Commission, established by the Maine Revised Statutes, Title 5, 
section 12004-I, subsection 52-D, shall submit the sentencing guidelines, developed 
pursuant to Title 17-A, section 1505, subsection 6, to the joint standing committee of the 
Legislature having jurisdiction over judicial matters. 
SUMMARY
This bill establishes the Maine Sentencing Guidelines Commission to develop, adopt 
and modify sentencing guidelines for murder and Class A, B and C crimes to maintain 
uniformity, proportionality, rationality and predictability in sentencing similarly situated 
persons for similar crimes. The commission consists of 19 members including the Chief 
Justice of the Supreme Judicial Court or the Chief Justice's designee and other members of 
the judiciary, the Commissioner of Corrections or the commissioner's designee, the 
Commissioner of Public Safety or the commissioner's designee, prosecuting and defense 
attorneys, a probation and parole officer, 3 members of the public, one of whom is a victim 
of a Class A, B or C crime, experts in mental health issues and substance use disorder, 
formerly incarcerated persons and representatives of statewide organizations focusing on 
legal aid, restorative justice and civil rights.  The sentencing guidelines are advisory and 
do not create a right for the defendant.  If the commission determines it is necessary to 
modify a guideline that results in the reduction of any sentence or in the early release of 
any inmate, the commission is required to notify the Legislature. The commission also 
serves as a clearinghouse and information center for the collection, preparation, analysis 
and dissemination of information on state and local sentencing practices and conducts 
ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to 
imprisonment, plea bargaining and other matters relating to the improvement of the 
criminal justice system.