An Act to Restore Sentencing Discretion to the Judiciary by
Maine Legislature, Session 132, LD 0268
Committee: Criminal Justice
Sponsors: SINCLAIR
Amends: 17-A MRSA §1613

Legislative Document
No. 268
H.P. 171
House of Representatives, January 28, 2025
An Act to Restore Sentencing Discretion to the Judiciary by 
Removing Mandatory Minimum Sentences of Incarceration
Received by the Clerk of the House on January 23, 2025.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative SINCLAIR of Bath.
Cosponsored by Representatives: BECK of South Portland, LEE of Auburn, SATO of Gorham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1613 is enacted to read:
§1613.  Judicial discretion
1.  Term of imprisonment under this Title.  Beginning January 1, 2026, 
notwithstanding any provision of law to the contrary, the court shall exercise judicial 
discretion in imposing a sentencing alternative that includes a term of imprisonment under 
this Title.  Beginning January 1, 2026, any provision of this Title that requires the court to 
impose a mandatory term of imprisonment is deemed to require the court to exercise 
judicial discretion and to determine and impose a sentence of imprisonment that may be 
less than the length that is stated as mandatory.
2.  Term of imprisonment under other Titles.  Beginning January 1, 2026, 
notwithstanding any provision of law to the contrary, the court shall exercise judicial 
discretion in imposing a sentence of a term of imprisonment under any provision of any 
other Title.  Beginning January 1, 2026, any provision of any other Title that requires the 
court to impose a mandatory term of imprisonment is deemed to require the court to 
exercise judicial discretion and to determine and impose a sentence of imprisonment that 
may be less than the length that is stated as mandatory.
Sec. 2.  Report and legislation.  The Criminal Law Advisory Commission, 
established pursuant to the Maine Revised Statutes, Title 5, section 12004-I, subsection 52 
and referred to in this section as "the commission," shall review the Maine Revised Statutes 
and compile a list of all provisions that require a court of this State in sentencing a person 
for a violation of law to impose a mandatory term of imprisonment.  The commission shall 
submit a report by December 3, 2025 to the Joint Standing Committee on Criminal Justice 
and Public Safety listing all provisions of all Titles in the Maine Revised Statutes that 
require the court to impose a mandatory term of imprisonment and providing proposed 
language to change the mandatory term of imprisonment into a maximum term of 
imprisonment as determined in the discretion of the court.  After receiving and reviewing 
the report of the commission, the Joint Standing Committee on Criminal Justice and Public 
Safety may introduce legislation related to the report to the Second Regular Session of the 
132nd Legislature.
SUMMARY
This bill provides for the exercise of judicial discretion beginning January 1, 2026 to 
change all mandatory terms of imprisonment for persons sentenced beginning on that date 
to maximum terms of imprisonment.  The bill applies to all Titles of the Maine Revised 
Statutes.  
The bill directs the Criminal Law Advisory Commission to review the Maine Revised 
Statutes and compile a list of all provisions that require a court of this State in sentencing 
a person for a violation of law to impose a mandatory term of imprisonment.  The Criminal 
Law Advisory Commission is required to submit a report by December 3, 2025 to the Joint 
Standing Committee on Criminal Justice and Public Safety listing all provisions of all Titles 
in the Maine Revised Statutes that require the court to impose a mandatory term of 
imprisonment and providing proposed language to change the mandatory term of 
imprisonment into a maximum term of imprisonment as determined in the discretion of the 
court.  After receiving and reviewing the report of the Criminal Law Advisory Commission, 
the Joint Standing Committee on Criminal Justice and Public Safety may introduce 
legislation related to the report to the Second Regular Session of the 132nd Legislature.