reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 2: ADMINISTRATIVE RELEASE › 17-A §1852. Period of administrative release

§1852. Period of administrative release
1.  Time limit.
A period of administrative release imposed pursuant to this subchapter may not exceed one year.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Modification of requirements.
During the period of administrative release and upon application of a person placed on administrative release or of the attorney for the State or upon the court's own motion, the court, after notice to the attorney for the State and the person and a hearing, may modify the requirements imposed by the court, add further requirements or release the person of any requirement imposed by the court that, in the court's opinion, imposes on the person an unreasonable burden.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Inability to meet requirement; duty on person to bring motion.
During the period of administrative release, if the person cannot meet a requirement of administrative release imposed by the court, the person shall bring a motion pursuant to subsection 2.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Termination by court.
On application of the attorney for the State or of the person placed on administrative release or on the court's own motion, the court may terminate a period of administrative release and discharge the person at any time earlier than that provided in the sentence made pursuant to subsection 1 if warranted by the conduct of the person. The court may not order a termination of the period of administrative release and discharge upon the motion of the person placed on administrative release unless notice of the motion is given to the attorney for the State by the person placed on administrative release. The termination of the period of administrative release and discharge relieves the person placed on administrative release of any obligations imposed by the sentence of administrative release.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
5.  Termination to prevent delay of consecutive term of imprisonment.
The court, in order to comply with section 1608, subsection 7, shall terminate a period of administrative release that would delay commencement of a consecutive unsuspended term of imprisonment.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 2: ADMINISTRATIVE RELEASE › 17-A §1853. Suspended sentence with administrative release

§1853. Suspended sentence with administrative release
1.  Suspension of term of imprisonment accompanied by administrative release.
The court may sentence a person to a term of imprisonment not to exceed the maximum term authorized for a Class D or Class E crime or the Class C crime under Title 29‑A, former section 2557, section 2557‑A or section 2558, suspend the term of imprisonment in whole or in part and accompany the suspension with a period of administrative release.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Suspension of fine accompanied by administrative release.
The court may sentence a person to a fine, not to exceed the maximum fine authorized for a Class D or Class E crime or the Class C crime under Title 29‑A, former section 2557, section 2557‑A or section 2558, suspend the fine in whole or in part and accompany the suspension with a period of administrative release.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 2: ADMINISTRATIVE RELEASE › 17-A §1854. Requirements of administrative release

§1854. Requirements of administrative release
If the court imposes a suspended sentence with administrative release under section 1853, the court shall attach requirements of administrative release, as authorized by this section, as the court determines to be reasonable and appropriate to help ensure accountability and rehabilitation of the person.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Mandatory requirements.
The court-imposed requirements of administrative release must include a requirement that the person refrain from criminal conduct and that the person pay all assessments, surcharges, other fees and costs required by law.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Discretionary requirements.
In addition to the requirements in subsection 1, the court in its sentence may require the person:
A. To pay to the appropriate county an administrative supervision fee of not more than $50 per month, as determined by the court, for the term of the administrative release. In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. When a person fails to pay the administrative supervision fee, the court may revoke administrative release as provided in sections 1855 and 1856 unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. To pay a fine imposed by the court as part of the sentence;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. To make restitution to each victim of the crime imposed by the court as part of the sentence, which must be paid to the office of the attorney for the State who prosecuted the case;   [PL 2023, c. 196, §4 (AMD).]
D. To perform community service work imposed by the court as part of the sentence; or   [PL 2019, c. 113, Pt. A, §2 (NEW).]
E. To satisfy any requirement reasonably related to helping ensure the accountability and rehabilitation of the person.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2023, c. 196, §4 (AMD).]
3.  Opportunity to address court regarding requirements; written statement of requirements to be provided.
The person must be given an opportunity to address the court on the requirements that are proposed to be attached pursuant to subsections 1 and 2 and must, after the sentencing, be given a written statement setting forth the specific requirements on which the person is being administratively released.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2023, c. 196, §4 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 2: ADMINISTRATIVE RELEASE › 17-A §1855. Commencement of administrative release revocation proceeding

§1855. Commencement of administrative release revocation proceeding
1.  Motion to revoke administrative release.
If during the period of administrative release the attorney for the State has probable cause to believe that the person placed on administrative release has violated a requirement of administrative release, the attorney for the State may file a motion with the court seeking to revoke administrative release. The motion must set forth the facts underlying the alleged violation.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Summons.
A summons may be used to order a person who was placed on administrative release to appear on a motion to revoke that person's administrative release.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Initial appearance.
A person placed on administrative release appearing on a motion to revoke administrative release pursuant to a summons must be afforded an initial appearance as provided in section 1811, subsection 4.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Failure to appear following service of summons.
If a person placed on administrative release fails to appear in court after having been served with a summons, the court may issue a warrant for the arrest of the person. After arrest of the person, the court shall afford the person an initial appearance as provided in section 1811, subsection 4; if the person is retained in custody, section 1811, subsection 3 also applies.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
5.  Arrest of person for violation of requirement of administrative release; copy of motion to be furnished; timing of initial appearance.
If during the period of administrative release the attorney for the State has probable cause to believe that the person placed on administrative release has violated a requirement of administrative release, the attorney for the State may apply for a warrant for the arrest of the person or request that a warrantless arrest be made of the person pursuant to section 15, subsection 1, paragraph A, subparagraph (15). The court shall provide the person with an initial appearance on the revocation of administrative release within 5 days after arrest unless the person is released before that. A copy of the motion must be furnished to the person prior to or at the initial appearance. The initial appearance is governed by section 1811, subsection 4. Bail is governed by section 1811, subsections 5 and 6.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 2: ADMINISTRATIVE RELEASE › 17-A §1856. Court hearing on administrative release revocation

§1856. Court hearing on administrative release revocation
The hearing on a motion to revoke administrative release is governed by section 1812.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 2: ADMINISTRATIVE RELEASE › 17-A §1857. Review

§1857. Review
Review of a revocation of administrative release pursuant to section 1856 must be by appeal, as provided under section 1813.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 3: SUPERVISED RELEASE FOR SEX OFFENDERS › 17-A §1882. Conditions of supervised release

§1882. Conditions of supervised release
If the court imposes a sentence that includes a period of supervised release, it shall set conditions of supervised release. The conditions of release that apply to probation under section 1807 apply to conditions of supervised release. The court may also set conditions of supervised release that it determines to be reasonable and appropriate to manage the person's behavior.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 3: SUPERVISED RELEASE FOR SEX OFFENDERS › 17-A §1883. Revocation procedures

§1883. Revocation procedures
The procedures, rights and responsibilities that apply to probation revocation under sections 1809 to 1812, including bail under section 1811, subsections 5 and 6 and appellate review of revocation under section 1813, apply to revocation of supervised release.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 4: DEFERRED DISPOSITION › 17-A §1901. Eligibility for deferred disposition

§1901. Eligibility for deferred disposition
A person who has pleaded guilty to a Class B crime under chapter 45 or a Class C, Class D or Class E crime and who consents to a deferred disposition in writing is eligible for a deferred disposition.   [PL 2021, c. 308, §1 (AMD).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 308, §1 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 4: DEFERRED DISPOSITION › 17-A §1904. Limited review by appeal

§1904. Limited review by appeal
A person may not attack the legality of a deferred disposition, including a final disposition, except that a person who has been determined by a court to have inexcusably failed to comply with a court-imposed deferment requirement and thereafter has been sentenced to an alternative authorized for the crime may appeal to the Law Court, but not as of right. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2001. Purpose

§2001. Purpose
The Legislature finds and declares that the victims of crimes often suffer losses through no fault of their own and for which there is no compensation. It also finds that repayment, in whole or in part, by the offender to the victim of the offender's crime can operate to rehabilitate the offender in certain instances. It is the purpose of this chapter to encourage the compensation of victims by the person most responsible for the loss incurred by the victim, the offender. Restitution by the offender can serve to reinforce the offender's sense of responsibility for the offense, to provide the offender the opportunity to pay the offender's debt to society and to the offender's victim in a constructive manner and to ease the burden of the victim as a result of the criminal conduct.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
The Legislature recognizes that a crime is an offense against society as a whole, not only against the victim of the crime, and that restitution for victims is therefore ancillary to the central objectives of the criminal law. It intends restitution to be applied only when other purposes of sentencing can be appropriately served.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
The Legislature does not intend the use of restitution to result in preferential treatment for offenders with substantial financial resources.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2003. Mandatory consideration of restitution

§2003. Mandatory consideration of restitution
1.  Inquiry as to victim's financial loss.
The court shall, whenever practicable, inquire of a prosecutor, law enforcement officer or victim with respect to the extent of the victim's financial loss and shall order restitution when appropriate. The order for restitution must designate the amount of restitution to be paid and the person or persons to whom the restitution must be paid.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Reasons for not imposing restitution.
In any case where the court determines that restitution should not be imposed in accordance with the criteria set forth in section 2005, the court shall state in open court or in writing the reasons for not imposing restitution, including, in a case involving a defendant convicted of an offense that resulted in the death of a person who is a parent of a minor, by specifically addressing the surviving dependent's economic loss and dependent's replacement loss and the reasons for not imposing restitution to compensate for those losses.
[PL 2023, c. 277, §3 (AMD).]
3.  Restitution required.
In any prosecution for a crime committed prior to the effective date of this chapter, or any amendment to this chapter, the court may, with the consent of the defendant, require the defendant to make restitution in accordance with this chapter as amended.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2023, c. 277, §3 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2004. Authorized claimants

§2004. Authorized claimants
Restitution may be authorized for:   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Victim.
The victim or a dependent of a deceased victim, or an heir, beneficiary or recipient of the victim's estate;
[PL 2023, c. 196, §5 (AMD).]
2.  County.
The county where the offense was prosecuted if the victim voluntarily refuses restitution or if the identity of the victim cannot be ascertained;
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Person providing recovery.
Any person, firm, organization, corporation or government entity that has provided recovery to the victim as a collateral source, but only to the extent that such recovery was actually made; and
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Person acting on behalf of victim.
Any person legally authorized to act on behalf of the victim.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2023, c. 196, §5 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2005. Criteria for restitution

§2005. Criteria for restitution
1.  Restitution authorized.
Restitution may be authorized, in whole or in part, as compensation for economic loss. In determining the amount of restitution authorized, the following must be considered:
A. The contributory misconduct of the victim;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Failure to report the crime to a law enforcement officer within 72 hours after its occurrence, without good cause for failure to report within that time; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. The present and future financial capacity of the offender to pay restitution.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Restitution not authorized.
Restitution is not authorized:
A. To a victim without that victim's consent;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. To a victim who is an accomplice of the offender;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. To a victim who has otherwise been compensated from a collateral source, but economic loss in excess of the collateral compensation may be authorized; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
D. When the amount and method of payment of monetary restitution or the performance of service restitution creates an excessive financial hardship on the offender or dependent of the offender. In making this determination, all relevant factors must be considered, including, but not limited to, the following:
(1) The number of the offender's dependents;
(2) The minimum living expenses of the offender and the offender's dependents;
(3) The special needs of the offender and the offender's dependents, including necessary travel expense to and from work;
(4) The offender's present income and potential future earning capacity; and
(5) The offender's resources, from whatever source.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Exception.
The provisions of subsection 2, paragraph D do not apply to an offender that is an organization.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Burdens of proof.
An offender who asserts a present or future incapacity to pay restitution has the burden of proving the incapacity by a preponderance of the evidence. On appeal of a restitution order, the offender has the burden of demonstrating that the incapacity was proven as a matter of law.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2006. Time and method of restitution

§2006. Time and method of restitution
When restitution is authorized, and the offender is not committed to the Department of Corrections and does not receive a sentence that includes a period of probation, the time and method of payment or of the performance of the services must be specified by the court and restitution must be ordered paid to the office of the attorney for the State who is prosecuting the case. If the offender is committed to the Department of Corrections or receives a sentence that includes a period of probation, monetary compensation must be paid to the Department of Corrections and the time and method of payment must be determined by the Department of Corrections during the term of commitment or the period of probation unless at the time of sentencing the court has specified the time and method of payment. Once any term of commitment to the Department of Corrections or period of probation is completed and if the restitution ordered has not been paid in full, the offender shall continue to pay restitution to the office of the attorney for the State who prosecuted the case and is subject to the provisions of section 2011 and, in the event of a default, the provisions of section 2015. The state agency receiving the restitution shall deposit any money received in the account maintained by the Treasurer of State for deposit of state agency funds, from which funds are daily transferred to an investment account and invested. Interest accrued on that money is the property of and accrues to the State for deposit in the General Fund. The agency receiving the restitution shall make the disbursement to the victim or other authorized claimant as soon as possible after the agency receives the money.   [PL 2023, c. 196, §6 (AMD).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2023, c. 196, §6 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2007. Income withholding order

§2007. Income withholding order
1.  Instructions for employer.
When restitution is required of an offender who will not be commencing service of a period of institutional confinement, who does not receive a sentence that includes a period of probation and who is employed, the court shall, at the time of ordering restitution, enter a separate order for income withholding. When restitution is required of an offender who receives a sentence that includes a period of probation and who is employed, upon application of the offender's probation officer, the court shall enter a separate order for income withholding. The withholding order must direct the employer to deduct from all income due and payable to the offender an amount determined pursuant to section 2006 to meet the offender's restitution obligation. The withholding order must include an instruction to the employer that upon receipt of a copy of the withholding order the employer shall:
A. Immediately begin to withhold the offender's income when the offender is usually paid;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Send each amount withheld to the agency to which restitution has been ordered to be paid at the address set forth in the order within 7 business days of the withholding; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. Identify each amount sent to the agency by indicating the court's docket number.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Term of order.
The income withholding order is effective as long as the order for restitution upon which it is based is effective, including after a defendant is no longer in the custody or under the supervision of the Department of Corrections and has not paid the restitution in full as described in section 2011, or until further order of the court.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2008. Deceased victims

§2008. Deceased victims
An offender's obligation to pay restitution is not affected by the death of the victim to whom the restitution is due. The money collected as restitution must be forwarded to the estate of the victim. If an offender is an heir, beneficiary or recipient of the victim's estate, any restitution paid to the estate under this section may not benefit the offender but must be distributed to any other heir, beneficiary or recipient as if the distribution of the estate's assets did not include the offender or, if the victim's estate has no heir, beneficiary or recipient other than the offender, the restitution must be paid to the Victims' Compensation Fund under Title 5, chapter 316‑A or the Victims' Property Compensation Fund under Title 5, chapter 316‑C, determined by whether the restitution is for underlying injury or property damage.   [PL 2021, c. 307, §1 (AMD).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 307, §1 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2009. Victim unable to be located

§2009. Victim unable to be located
If the location of a victim cannot, with due diligence, be ascertained, the money collected as restitution must be forwarded to the Treasurer of State to be handled as unclaimed property.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2010. Joint and several order

§2010. Joint and several order
If the victim's financial loss has been caused by more than one offender, the order must designate that the restitution is to be paid on a joint and several basis, unless the court specifically determines that one defendant should not equally share the burden. The agency collecting restitution pursuant to a joint and several order may, after the full amount of restitution has been collected and disbursed to the victim, continue to collect payments from an offender who has not paid an equal share of the restitution and may disburse the money collected to any other offender who has paid more than an equal share of the restitution.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2011. Former Department of Corrections' clients owing restitution

§2011. Former Department of Corrections' clients owing restitution
An offender is responsible for paying any restitution outstanding at the time the term of commitment to the Department of Corrections or period of probation is completed. An offender who has complied with the time and method of payment of restitution determined by the Department of Corrections during the period of probation shall make payments to the office of the attorney for the State who prosecuted the case in accordance with that payment schedule unless modified by the court pursuant to section 2014 or 2015. An offender who has not complied with the time and method of payment of restitution determined by the Department of Corrections during the period of probation must be returned to the court for further disposition pursuant to section 2015. An offender who is unconditionally released and discharged from institutional confinement with the Department of Corrections upon the expiration of the sentence must, upon application of the office of the attorney for the State, be returned to the court for specification by the court of the time and method of payment of restitution, which must be ordered paid to the office of the attorney for the State who prosecuted the case. Prior to the offender's unconditional release and discharge from institutional confinement or completion of the period of probation, the Department of Corrections shall provide the offender with written notice that any restitution outstanding at the time the term of commitment to the department or period of probation is completed must be paid to the office of the attorney for the State who prosecuted the case. At least 30 days prior to the offender's unconditional release and discharge from institutional confinement or completion of the period of probation, the Department of Corrections shall provide the office of the attorney for the State who prosecuted the case written notice as to the amount of restitution outstanding. An income withholding order issued pursuant to section 2007 remains effective and enforceable until the restitution is paid in full, even after an offender is no longer in the custody or under the supervision of the Department of Corrections. If an offender who is required to make payments to the office of the attorney for the State who prosecuted the case under this subsection instead makes a payment to the Department of Corrections or the department otherwise receives money that is owed as restitution by an offender who is no longer in the custody or under the supervision of the department, including, but not limited to, a setoff of a tax refund pursuant to Title 36, section 185‑A, the department shall forward the money to the victim and shall inform the office of the attorney for the State who prosecuted the case of that action.   [PL 2023, c. 196, §7 (AMD).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2023, c. 196, §7 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2012. Restitution deducted from judgment in civil action

§2012. Restitution deducted from judgment in civil action
Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the victim against the offender based on the same facts. If the restitution ordered and made was work restitution, the reasonable value of the services may be deducted from any such judgment.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2013. Post-conviction relief

§2013. Post-conviction relief
If, in any judicial proceeding following conviction, a court issues a final judgment invalidating the conviction, the judgment may include an order that any or all of a restitution payment that the convicted person paid pursuant to the sentence for that conviction be returned to the convicted person.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2014. Modification of restitution

§2014. Modification of restitution
A convicted person who cannot make restitution payments in the manner ordered by the court or determined by the Department of Corrections pursuant to section 2006 shall move the court for a modification of the time or method of payment or service to avoid a default. The court may modify its prior order or the determination of the Department of Corrections to reduce the amount of each installment or to allow additional time for payment or service.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2017. Waiver of issue of excessiveness

§2017. Waiver of issue of excessiveness
If a defendant at the time of sentencing has consented to the imposition by the sentencing court of a specific amount of restitution, the defendant is thereafter precluded from seeking to attack the legality or propriety of the amount of restitution ordered if that amount does not exceed the specific amount consented to by the defendant.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2018. Restitution for benefit of victim

§2018. Restitution for benefit of victim
When compensation is awarded from the Victims' Compensation Fund pursuant to Title 5, chapter 316‑A or the Victims' Property Compensation Fund pursuant to Title 5, chapter 316‑C, the amount of any restitution ordered to be paid to or for the benefit of the victim and collected as part of a sentence imposed must be paid by the agency collecting the restitution in an amount not to exceed the amount of the payments from the fund, directly to the fund if, when added to the payments from the fund, the restitution exceeds the victim's actual loss.   [PL 2019, c. 549, §6 (AMD).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2019, c. 549, §6 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 69: RESTITUTION › 17-A §2019. Civil remedy upon default

§2019. Civil remedy upon default
Upon the request of the attorney for the State or a person entitled to restitution under an order of restitution, the clerk shall enter the order of restitution in the same manner as a judgment in a civil action. When entered under this section, the order of restitution is deemed to be a money judgment. Upon default, the order to make restitution is enforceable in accordance with Title 14, chapter 502 by any person entitled to restitution under the order.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 71: COMMUNITY SERVICE WORK › 17-A §2031. Sentencing alternative of community service work; authorization

§2031. Sentencing alternative of community service work; authorization
The court may sentence an individual convicted of a Class D or Class E crime to perform a specified number of hours of community service work for the benefit of the State, a county, a municipality, a school administrative unit or other public entity, a charitable institution or another entity approved by the court.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 71: COMMUNITY SERVICE WORK › 17-A §2032. Modification of community service work

§2032. Modification of community service work
An individual who has been sentenced to perform a specified number of hours of community service work pursuant to section 2031 and who is in danger of default for failing to complete the work in the manner ordered by the court shall move the court for a modification to avoid the default. The court may modify its prior order as to the time for completion, the nature of the work to be performed or the entity for which the work is to be performed.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 73: UNCONDITIONAL DISCHARGE › 17-A §2051. Sentencing alternative of unconditional discharge

§2051. Sentencing alternative of unconditional discharge
The court shall sentence a convicted person to an unconditional discharge if the court determines that no other authorized sentencing alternative is appropriate punishment and the convicted person is:   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Eligible for probation.
Eligible for the imposition of a sentencing alternative that includes a period of probation under section 1802, subsection 1; or
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Ineligible for probation due to excluded Class D or Class E crime.
Ineligible for the imposition of a sentencing alternative that includes a period of probation under section 1802, subsection 1 solely by operation of section 1802, subsection 1, paragraph B.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
A sentence of unconditional discharge is for all purposes a final judgment of conviction.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 75: VICTIMS' RIGHTS › 17-A §2101. Definitions

§2101. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Crime.
"Crime" means a criminal offense in which, as defined, there is a victim.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Victim.
"Victim" means:
A. A person who is the victim of a crime; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. The immediate family of a victim of a crime if:
(1) The underlying crime is one of domestic violence or sexual assault or one in which the family suffered serious physical trauma or serious financial loss; or
(2) Due to death, age, physical or mental disease, disorder or defect, the victim is unable to participate as allowed under this chapter.
As used in this paragraph, "immediate family" means the spouse, domestic partner, parent, child, sibling, stepchild or stepparent of the victim.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 75: VICTIMS' RIGHTS › 17-A §2102. Victims to be notified

§2102. Victims to be notified
1.  Information provided to victim.
The attorney for the State shall make a good faith effort to inform each victim of the following:
A. The details of a plea agreement, including a deferred disposition, before it is submitted to the court;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. The right to comment on a plea agreement, including a deferred disposition, pursuant to section 2103;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. The proposed dismissal or filing of an indictment, information or complaint pursuant to the Maine Rules of Unified Criminal Procedure, Rule 48, before that action is taken;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
D. The time and place of the trial;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
E. The time and place of sentencing;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
F. The right to participate at sentencing pursuant to section 2104;   [PL 2021, c. 174, §6 (AMD); PL 2021, c. 330, §5 (AMD).]
F-1. The termination of probation pursuant to section 1804, subsection 6;   [RR 2021, c. 1, Pt. A, §13 (COR).]
Revisor's Note: (Paragraph F-1 as enacted by PL 2021, c. 330, §6 is REALLOCATED TO TITLE 17-A, SECTION 2102, SUBSECTION 1, PARAGRAPH F-2)
F-2. (REALLOCATED FROM T. 17-A, §2102, sub-§1, ¶F-1) The final disposition of the charges against the defendant, including the amount of deductions to time served that a defendant has accumulated as of the date of sentencing. On or before the date of sentencing, the attorney for the State shall obtain information about the deductions to time served from each correctional facility at which a defendant was detained prior to sentencing on the relevant charges; and   [PL 2021, c. 330, §6 (NEW); RR 2021, c. 1, Pt. A, §14 (RAL).]
G. The right to comment on the proposed early termination of probation, early termination of administrative release or conversion of probation to administrative release, pursuant to section 2105.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2021, c. 330, §5 (AMD); RR 2021, c. 1, Pt. A, §§13, 14 (COR).]
2.  Pamphlets.
When providing notice under subsection 1, the attorney for the State shall offer to provide the victim with a pamphlet containing this chapter, Title 5, chapter 316‑A and Title 15, sections 812 and 6101. In addition, the attorney for the State, as part of any victim and witness support program that attorney administers under Title 30‑A, section 460, shall provide the victim with a pamphlet outlining in everyday language the provisions set out in this chapter, Title 5, chapter 316‑A and Title 15, sections 812 and 6101. The attorney for the State may use the pamphlet printed and distributed by the Department of Corrections or another pamphlet that meets the criteria in this section.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 174, §6 (AMD). PL 2021, c. 330, §§5, 6 (AMD). RR 2021, c. 1, Pt. A, §§13, 14 (COR).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 75: VICTIMS' RIGHTS › 17-A §2103. Plea agreement procedure

§2103. Plea agreement procedure
When a plea agreement is submitted to the court pursuant to the Maine Rules of Unified Criminal Procedure, Rule 11A(b), the attorney for the State shall disclose to the court any and all attempts made to notify each victim of the plea agreement and any objection to the plea agreement by a victim. A victim who is present in court at the submission of the plea may address the court at that time.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 75: VICTIMS' RIGHTS › 17-A §2104. Sentencing procedure

§2104. Sentencing procedure
1.  Participation by victim.
The victim must be provided the opportunity to participate at sentencing by:
A. Making an oral statement in open court; or   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Submitting a written statement to the court either directly or through the attorney for the State. A written statement must be made part of the record.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
An attorney for the victim may submit a written statement or make an oral statement on the victim's behalf.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Consideration of victim's statements.
The court shall consider any statement made under subsection 1, along with all other appropriate factors, in determining the sentence.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Participation by interested person.
An interested person, including, but not limited to, a member of the victim's family who is not immediate family of the victim, a close friend of the victim, a community member and other interested person, does not have a right to participate at sentencing. Participation by such interested persons is a matter for the court's discretion in determining what information to consider when sentencing.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 75: VICTIMS' RIGHTS › 17-A §2105. Termination or conversion procedure

§2105. Termination or conversion procedure
When the attorney for the State receives notice of a motion seeking early termination of probation or early termination of administrative release or seeking to convert probation to administrative release, the attorney for the State shall disclose to the court any attempts made to notify each victim of the motion to terminate or convert and any objection to the motion by a victim. If a hearing is held on the motion by the court and the victim is present in court, the victim may address the court at that time.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 75: VICTIMS' RIGHTS › 17-A §2109. Certain communications by victims confidential

§2109. Certain communications by victims confidential
The following communications are privileged from disclosure.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  To sexual assault counselor.
Communications by a victim, as described in Title 16, section 53‑A, subsection 2, to a sexual assault counselor, as defined in Title 16, section 53‑A, subsection 1, paragraph B, are privileged from disclosure as provided in Title 16, section 53‑A, subsection 2.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  To advocate.
Communications by a victim, as defined in Title 16, section 53‑B, subsection 1, paragraph B, to an advocate, as defined in Title 16, section 53‑B, subsection 1, paragraph A, are privileged from disclosure as provided in Title 16, section 53‑B, subsection 2, subject to exceptions in Title 16, section 53‑B, subsection 3.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  To victim witness advocate or victim witness coordinator.
Communications by a victim, as defined in Title 16, section 53‑C, subsection 1, paragraph B, to a victim witness advocate or a victim witness coordinator, as defined in Title 16, section 53‑C, subsection 1, paragraph C, are privileged from disclosure as provided in Title 16, section 53‑C, subsection 2, subject to exceptions in Title 16, section 53‑C, subsection 3.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 7: ADMINISTRATION OF IMPOSED SENTENCES OF IMPRISONMENT › Chapter 81: ADMINISTRATION OF IMPOSED SENTENCES OF IMPRISONMENT › 17-A §2301. Definitions

§2301. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Family or household member.
"Family or household member" has the same meaning as in Title 19‑A, section 4102, subsection 6.
[PL 2021, c. 647, Pt. B, §43 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
1-A.  Dating partner.
"Dating partner" has the same meaning as in Title 19‑A, section 4102, subsection 4.
[PL 2023, c. 465, §19 (NEW).]
2.  Jail.
"Jail" means a county or regional jail.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Sentence of imprisonment.
"Sentence of imprisonment" means:
A. A term of imprisonment, none of which is suspended;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. An unsuspended portion of a split sentence of imprisonment either before or after revocation of probation or administrative release;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. An unsuspended portion of a wholly suspended term of imprisonment with probation or with administrative release after revocation of that probation or administrative release; or   [PL 2019, c. 113, Pt. A, §2 (NEW).]
D. Any court-ordered time in the custody of the Department of Corrections after revocation of a period of supervised release.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 647, Pt. B, §43 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF). PL 2023, c. 465, §19 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 7: ADMINISTRATION OF IMPOSED SENTENCES OF IMPRISONMENT › Chapter 81: ADMINISTRATION OF IMPOSED SENTENCES OF IMPRISONMENT › 17-A §2302. General provisions

§2302. General provisions
1.  Deduction for each day in execution of sentence of imprisonment.
An individual committed to the custody of the Department of Corrections or a jail whose sentence of imprisonment has commenced pursuant to section 2303 must receive a day-for-day deduction from that individual's sentence of imprisonment for each day the individual is in execution of that sentence. This day-for-day deduction may not be withdrawn. Prior to the day-for-day deduction being given, the sentence must first be reduced by any deduction for time detained to which the individual is entitled pursuant to section 2305.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Start of consecutive sentence.
A consecutive sentence may not begin until the sentence involving imprisonment that the consecutive sentence immediately follows in time has been fully served.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Application of deduction for concurrent sentences.
While an individual is in execution of concurrent sentences pursuant to subsection 1, a day-for-day deduction must be accorded on all the sentences simultaneously.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Application of deduction for consecutive sentences.
While an individual is in execution of a consecutive sentence pursuant to subsection 1, a day-for-day deduction may be accorded on only one sentence at a time.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).