An Act to Establish the Option of Sentencing Alternatives for
Maine Legislature, Session 132, LD 0246
Committee: Judiciary
Sponsors: TALBOT ROSS, KUHN
Amends: 17-A MRSA §1613

Legislative Document
No. 246
S.P. 112
In Senate, January 21, 2025
An Act to Establish the Option of Sentencing Alternatives for 
Primary Caregivers
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TALBOT ROSS of Cumberland.
Cosponsored by Representative KUHN of Falmouth and
Senators: BEEBE-CENTER of Knox, CARNEY of Cumberland, HICKMAN of Kennebec, 
Representatives: HASENFUS of Readfield, 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.  Sentencing alternatives 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 that an individual 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 an individual who has the greatest responsibility for the 
care of a minor, an elderly dependent person or an individual with a physical or mental 
disability.
2.  Motion for sentencing alternative.  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 a sentencing alternative under section 1502, subsection 
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 a sentencing alternative. A motion for a sentencing 
alternative under this subsection must be supported by an affidavit by the defendant 
detailing the basis for the assertion that the defendant is a primary caregiver under this 
section.
3.  Findings.  Upon receipt of a motion for a sentencing alternative 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 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 a sentencing alternative other than imprisonment due to the 
defendant's being a primary caregiver of a minor, elderly dependent or individual with a 
physical or mental 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.