An Act to Establish Alternative Sentencing for Primary Caregivers
Maine Legislature, Session 131, LD 1516
Committee: Judiciary
Sponsors: TALBOT ROSS, BAILEY, KUHN, LEE, RECKITT
Amends: 17-A MRSA §1613

Legislative Document
No. 1516
H.P. 971
House of Representatives, April 5, 2023
An Act to Establish Alternative Sentencing for Primary Caregivers
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator BAILEY of York and
Representatives: KUHN of Falmouth, LEE of Auburn, RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1613 is enacted to read:
§1613.  Alternative sentencing for primary caregivers
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Dependent" has the same meaning as in Title 33, section 1021, subsection 1.
B.  "Elderly" means an individual who is 60 years of age or older.
C.  "Physical or mental disability" has the same meaning as in Title 5, section 4553-A, 
subsection 1.
D.  "Primary caregiver" means a person who has the greatest responsibility for the care 
of a minor, an elderly dependent or an individual with a physical or mental disability.
2.  Motion for alternative sentence.  Upon a conviction of an offense that may result 
in a sentence of imprisonment, unless the offense requires a sentence of imprisonment, the 
court may issue an alternative sentence under section 1502, subsection 2 due to the 
defendant's being a primary caregiver. The court shall consider the defendant's status as a 
primary caregiver if no more than 10 days after the entry of judgment the defendant makes 
a motion for an alternative sentence. A motion for an alternative sentence under this 
subsection must be supported by an affidavit by the defendant detailing the basis for the 
assertion that the defendant is a caregiver under this section.
3.  Findings.  Upon receipt of a motion for an alternative sentence under subsection 2, 
the court shall consider the defendant's status as a primary caregiver and make written 
findings of the court's decision prior to issuing the sentence. In making the decision under 
this subsection, the court shall consider:
A.  The nature and circumstances of the offense committed;
B.  The history and character of the defendant;
C.  The defendant's family circumstances and relationships; and
D.  The impact of any sentence considered on every individual for whom the defendant 
is the primary caregiver.
SUMMARY
This bill requires a court in sentencing a defendant convicted of an offense that may 
result in a term of imprisonment, upon motion of the defendant and supported by an 
affidavit, to consider an alternative sentence other than imprisonment due to the defendant's 
being a primary caregiver of a minor, elderly dependent or individual with a mental or 
physical disability. In making the decision, the court is required to consider factors such as 
the nature and circumstances of the offense, the history and character of the defendant, the 
defendant's family circumstances and relationships and the impact of any sentence 
considered on every individual for whom the defendant is the primary caregiver.  The court 
is required to make written findings of the court's decision before issuing the sentence.