reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 61: GENERAL SENTENCING PROVISIONS › 17-A §1503. Sanctions for organizations

§1503. Sanctions for organizations
1.  Notice to those interested in or affected by conviction.
If an organization is convicted of a crime, the court may, in addition to or in lieu of imposing other authorized penalties, sentence the organization to give appropriate publicity to the conviction by notice to the class or classes of persons or sector of the public interested in or affected by the conviction, by advertising in designated areas or by designated media or otherwise as the court may direct. Failure of the organization to provide the notice required by the court may be punishable as contempt of court.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Disqualification from holding office.
If a director, trustee or managerial agent of an organization is convicted of a Class A or Class B crime committed on behalf of the organization, the court may include in the sentence an order disqualifying that individual from holding office in the same or another organization for a period not exceeding 5 years, if the court finds that the scope or nature of that individual's illegal actions makes it dangerous or inadvisable for such office to be entrusted to that individual.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Deferred disposition.
The court may accept a plea agreement between the attorney for the State and the defendant that provides for an agreed-upon authorized sentencing alternative the imposition of which is deferred in accordance with chapter 67, subchapter 4.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Supplementary proceedings for damages.
Prior to the imposition of sentence, the court may direct the Attorney General, a district attorney or any other attorney specially designated by the court to institute supplementary proceedings in the case in which the organization was convicted of the crime to determine, collect and distribute damages to persons in the class that the statute was designed to protect who suffered injuries by reason of the crime, if the court finds that the multiplicity of small claims or other circumstances make restitution by individual suit impractical. Such supplementary proceedings must be pursuant to rules adopted by the Supreme Judicial Court for this purpose. The court in which proceedings authorized by this subsection are commenced may order the State to make available to the attorney appointed to institute such proceedings all documents and investigative reports as are in the State's possession or control and grand jury minutes as are relevant to the proceedings.
[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 63: SENTENCES OF IMPRISONMENT › 17-A §1601. Definite term of imprisonment required

§1601. Definite term of imprisonment required
In imposing a sentencing alternative pursuant to section 1502 that includes a term of imprisonment, the court shall set a definite 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 63: SENTENCES OF IMPRISONMENT › 17-A §1602. Sentencing procedure

§1602. Sentencing procedure
1.  Class A, Class B or Class C crimes.
In imposing a sentencing alternative pursuant to section 1502 that includes a term of imprisonment for a Class A, Class B or Class C crime, in setting the appropriate length of that term as well as any unsuspended portion of that term accompanied by a period of probation or administrative release, the court shall employ the following 3-step process.
A. First, the court shall determine a basic term of imprisonment by considering the particular nature and seriousness of the offense as committed by the individual.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Second, the court shall determine the maximum term of imprisonment to be imposed by considering all other relevant sentencing factors, both aggravating and mitigating, appropriate to the case. Relevant sentencing factors include, but are not limited to, the character of the individual, the individual's criminal history, the effect of the offense on the victim and the protection of the public interest.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. Third, the court shall determine what portion, if any, of the maximum term of imprisonment under paragraph B should be suspended and, if a suspension order is to be entered, determine the appropriate period of probation or administrative release to accompany that suspension.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Crime of murder.
In imposing a sentence pursuant to section 1603 for the crime of murder, the court shall employ only the first 2 steps of the sentencing process as specified in subsection 1, paragraphs A and B.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Imposition of supervised release after imprisonment for violation of gross sexual assault.
When the court imposes a period of supervised release after imprisonment for a violation of section 253, subsection 1, paragraph C as required by section 1881, subsection 1 or chooses to impose a period of supervised release after imprisonment for any other violation of section 253, as authorized by section 1881, subsection 2, the court, after employing the first 2 steps of the sentencing process as specified in subsection 1, paragraphs A and B, shall determine the appropriate period of supervised release to follow the maximum 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 63: SENTENCES OF IMPRISONMENT › 17-A §1603. Imprisonment for crime of murder

§1603. Imprisonment for crime of murder
1.  Sentence.
A person convicted of the crime of murder must be sentenced to imprisonment for life or for any term of years that is not less than 25. The sentence of the court must specify the length of the sentence to be served and must commit the person to the Department of Corrections.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Factors of domestic violence or victim's age or pregnancy.
In setting a term of imprisonment pursuant to subsection 1, the court shall assign special weight to each of the following 3 factors as they relate to the sentencing procedure in section 1602, subsection 2:
A. That the victim is a child who had not in fact attained 6 years of age at the time the crime was committed;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. That the victim is a woman whom the convicted individual knew or had reasonable cause to believe to be in fact pregnant at the time the crime was committed; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. That the victim is a family or household member as defined in Title 19‑A, section 4102, subsection 6, paragraphs A to E or a dating partner as defined in Title 19‑A, section 4102, subsection 4 who is a victim of domestic violence committed by the convicted individual.   [PL 2023, c. 465, §15 (AMD).]
This subsection may not be construed to restrict a court in setting a term of imprisonment from considering the age of the victim in other circumstances when relevant.
[PL 2023, c. 465, §15 (AMD).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 647, Pt. B, §34 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF). PL 2023, c. 465, §15 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 63: SENTENCES OF IMPRISONMENT › 17-A §1605. Suspension of all or part of the term of imprisonment imposed

§1605. Suspension of all or part of the term of imprisonment imposed
Unless the law that the individual is convicted of violating expressly provides that an authorized term of imprisonment may not be suspended, if the individual is eligible for probation as authorized by chapter 67, subchapter 1 or administrative release as authorized by chapter 67, subchapter 2, a sentencing court may suspend the authorized term of imprisonment in whole or in part and accompany the suspension with a period of probation, which may not exceed the maximum period of probation authorized for the crime pursuant to section 1804, or a period of administrative release, which may not exceed one year.   [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 63: SENTENCES OF IMPRISONMENT › 17-A §1606. General inapplicability of deductions under chapter 81 in setting the term of imprisonment

§1606. General inapplicability of deductions under chapter 81 in setting the term of imprisonment
If a court imposes a sentencing alternative pursuant to section 1502 that includes a term of imprisonment, in setting the appropriate length of that term, as well as an unsuspended portion of that term, if any, the court may not consider the potential impact of deductions under chapter 81 except in the context of a plea agreement in which both parties are recommending to the court a particular disposition under the Maine Rules of Unified Criminal Procedure, Rule 11‑A.   [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 63: SENTENCES OF IMPRISONMENT › 17-A §1607. Prohibition against imprisonment based on incapacity to pay fine

§1607. Prohibition against imprisonment based on incapacity to pay fine
If a court finds that an individual has met the burden of proving incapacity to pay a fine pursuant to section 1702, subsection 2, the court may not impose a term of imprisonment or any other sentencing alternative involving imprisonment solely for the reason that the individual does not have the present or future capacity to pay the fine.   [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 63: SENTENCES OF IMPRISONMENT › 17-A §1609. Nonconcurrent sentence for crime attempted or committed while in execution of term of imprisonment (REPEALED)

§1609. Nonconcurrent sentence for crime attempted or committed while in execution of term of imprisonment
(REPEALED)
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 260, §2 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 63: SENTENCES OF IMPRISONMENT › 17-A §1609-A. Discretionary sentence

§1609-A. Discretionary sentence
Notwithstanding section 1608, when an individual subject to an undischarged term of imprisonment is convicted of a crime committed while in execution of any term of imprisonment, is convicted of a crime committed during a stay of execution of any term of imprisonment, is convicted of a crime committed after failure to report after a stay of execution of any term of imprisonment or is convicted of failure to report as ordered after a stay of execution of any term of imprisonment, the court may order that the sentence is not concurrent with any undischarged term of imprisonment. If the court orders that the sentence is not concurrent, the court may order that any undischarged term of imprisonment be tolled and service of the nonconcurrent sentence commence immediately, and the court shall so order if any undischarged term of imprisonment is a split sentence. No portion of the nonconcurrent sentence may be suspended. Any nonconcurrent sentence that the convicted individual receives as a result of an order entered pursuant to this section must be nonconcurrent with all other sentences.   [PL 2021, c. 260, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 260, §3 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 63: SENTENCES OF IMPRISONMENT › 17-A §1610. Place of imprisonment

§1610. Place of imprisonment
1.  Class D or Class E crimes.
The court shall specify a county jail as the place of imprisonment for an individual convicted of a Class D or Class E crime, except that, if a sentence to a term of imprisonment in a county jail is consecutive to or is to be followed by a sentence to a term of imprisonment in the custody of the Department of Corrections, the court imposing either sentence may order that both be served in the custody of the Department of Corrections. If a court imposes consecutive terms of imprisonment for Class D or Class E crimes and the aggregate length of the terms imposed is one year or more, the court may order that they be served in the custody of the Department of Corrections.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Class A, Class B or Class C crimes.
For an individual convicted of a Class A, Class B or Class C crime the court shall:
A. Specify a county jail as the place of imprisonment if the term of imprisonment is 9 months or less; or   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Commit the individual to the Department of Corrections if the term of imprisonment is more than 9 months.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Intermittent service of county jail sentence.
At the request of or with the consent of a convicted individual, the court may order a sentence of imprisonment under this chapter in a county jail, a sentence of probation involving imprisonment in a county jail under chapter 67, subchapter 1 or a sentence of administrative release involving imprisonment in a county jail under chapter 67, subchapter 2 to be served intermittently.
[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 63: SENTENCES OF IMPRISONMENT › 17-A §1611. Commitments to Department of Corrections of bound-over juveniles who have not attained 18 years of age at the time of sentencing

§1611. Commitments to Department of Corrections of bound-over juveniles who have not attained 18 years of age at the time of sentencing
A juvenile who has been bound over, pursuant to Title 15, section 3101, subsection 4, who is subsequently, as to the juvenile crime's adult counterpart, convicted and sentenced to a sentencing alternative involving imprisonment and who has not attained 18 years of age at the time of sentence imposition must be committed to a Department of Corrections juvenile correctional facility for an indeterminate period not to extend beyond the juvenile's 18th birthday to serve the term of imprisonment or any unsuspended portion until discharge from the juvenile correctional facility, and once discharged the juvenile must be transferred to a correctional facility in which adult individuals are confined to serve out the remainder of the imprisonment term or unsuspended portion, if any.   [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 63: SENTENCES OF IMPRISONMENT › 17-A §1612. Tolling of sentence of noncompliant witness

§1612. Tolling of sentence of noncompliant witness
In the event a witness in a grand jury or criminal proceeding has been ordered confined by a court in the State as a remedial coercive sanction for refusing to comply with an order of the court to testify or provide evidence, and that witness is already in execution of an undischarged term of imprisonment on a sentence in the State, that court may order that the undischarged term of imprisonment be tolled for the duration of the coercive 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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1701. Definite fine amount required

§1701. Definite fine amount required
In imposing a sentencing alternative pursuant to section 1502 that includes a fine, the court shall set a specific amount of money.   [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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1702. Criteria for imposing sentencing alternative that includes fine

§1702. Criteria for imposing sentencing alternative that includes fine
1.  Consideration of financial capacity to pay and financial burden.
In determining the amount of a fine, unless the fine amount is mandatory, and in determining the method of payment of a fine, the court shall take into account the present and future financial capacity of the convicted person to pay the fine and the nature of the financial burden that payment of the fine will impose on the person or a dependent, if any, of the person.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Burden of proving financial hardship or incapacity to pay.
A convicted person who asserts a present or future incapacity to pay a fine or asserts that the fine will cause an excessive financial hardship on the person or on a dependent of the person has the burden of proving the incapacity or excessive hardship by a preponderance of the evidence. On appeal of a sentencing alternative involving a fine, the person has the burden of demonstrating that the incapacity or excessive financial hardship 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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1703. Use of fine relative to individuals

§1703. Use of fine relative to individuals
Except when specifically precluded, in choosing the appropriate punishment for an individual convicted of a crime, the court shall consider the desirability of imposing a sentencing alternative involving a fine either in conjunction with or in lieu of a sentencing alternative involving imprisonment. A sentencing alternative involving imprisonment may not be imposed by a court solely for the reason that the individual does not have the present or future financial capacity to pay a fine.   [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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1704. Maximum fine amounts authorized for convicted individuals

§1704. Maximum fine amounts authorized for convicted individuals
An individual who has been convicted of a Class A, Class B, Class C, Class D or Class E crime may be sentenced to pay a fine. Except as provided in section 1706 and unless a different maximum fine is specified by statute, the maximum fine that may be imposed by a court on a convicted individual is as follows:   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Class A crime.
In the case of a Class A crime, $50,000;
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Class B crime.
In the case of a Class B crime, $20,000;
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Class C crime.
In the case of a Class C crime, $5,000;
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Class D crime.
In the case of a Class D crime, $2,000; and
[PL 2019, c. 113, Pt. A, §2 (NEW).]
5.  Class E crime.
In the case of a Class E crime, $1,000.
[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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1705. Maximum fine amounts authorized for convicted organizations

§1705. Maximum fine amounts authorized for convicted organizations
An organization that has been convicted of murder or a Class A, Class B, Class C, Class D or Class E crime may be sentenced to pay a fine. Except as provided in section 1706 and unless a different maximum fine is specified by statute, the maximum fine that may be imposed by a court on a convicted organization is as follows:   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Crime of murder.
In the case of the crime of murder, any amount;
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Class A crime.
In the case of a Class A crime, $100,000;
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Class B crime.
In the case of a Class B crime, $40,000;
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Class C crime.
In the case of a Class C crime, $20,000; and
[PL 2019, c. 113, Pt. A, §2 (NEW).]
5.  Class D crime or Class E crime.
In the case of a Class D crime or a Class E crime, $10,000.
[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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1706. Exceptions to maximum fine amounts

§1706. Exceptions to maximum fine amounts
Notwithstanding the maximum fine amounts specified in sections 1704 and 1705, a court may impose fines as provided in this section.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Pecuniary gain.
Regardless of the classification of the crime, the court may impose a fine on a convicted person that is in an amount greater than the maximum fine amounts specified in section 1704 for an individual and section 1705 for an organization as long as the fine does not exceed twice the pecuniary gain derived from the crime by the convicted person. The State must plead and prove the amount of money or the value of the property obtained by the person at the time of the commission of the crime. At sentencing, if the court is considering imposing a fine based upon pecuniary gain, it shall hold a hearing in order to determine the pecuniary gain. At the hearing the court shall determine whether any money or property was returned to the victim of the crime or was seized by or surrendered to a lawful authority prior to the time of sentencing, and shall determine the value of any such property. If the court finds that money or property was returned, seized or surrendered, the court shall reduce the pecuniary gain pleaded and proved by the State by the amount of money or the value of property returned, seized or surrendered in order to arrive at the net amount of pecuniary gain upon which a fine may be based pursuant to this subsection. If the court determines that no money or property was returned, seized or surrendered, the court shall base the fine on the amount pleaded and proved by the State.
As used in this subsection, "pecuniary gain" means the amount of money or the value of property at the time of the commission of the crime derived by the person from the commission of the crime.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Fine based on quantity of item illegally possessed by convicted person.
Whenever a statute makes the possession of a particular item, whether animate or inanimate, a criminal offense and provides that the amount of the fine depends upon the quantity of the item possessed by the person, if the State pleads and proves the quantity of the item possessed by the person, the fine is as provided for in the statute and is not subject to the maximum limits placed on fines by sections 1704 and 1705.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Fine based on value of scheduled drug at time of offense.
Whenever a statute authorizes that the amount of the fine for a specific drug offense be based on the value of the scheduled drug at the time of the offense upon which the conviction is based, if the State pleads and proves the value of the scheduled drug at the time of the offense, the fine may be as provided for in the statute and is not subject to the maximum limits placed on fines by sections 1704 and 1705.
[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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1707. Multiple fines imposed on convicted person; restitution

§1707. Multiple fines imposed on convicted person; restitution
When multiple fines are imposed on a convicted person at the same time or when a fine is imposed on a convicted person already subject to an unpaid or partly unpaid fine, the fines must be cumulative, unless the court specifies that only the highest single fine must be paid in the case of offenses based on the same conduct or arising out of the same criminal episode or for other good cause stated on the record or in the sentences. If the convicted person has also been ordered to pay restitution, the restitution must be paid in full prior to paying a fine under this section.   [PL 2023, c. 196, §2 (AMD).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2023, c. 196, §2 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1708. Time and method of payment of fines imposed on convicted person

§1708. Time and method of payment of fines imposed on convicted person
1.  Timing of fine payment; restitution.
If a convicted person is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If such permission is not included in the sentence, the fine must be paid immediately to the clerk of the court. If the convicted person has also been ordered to pay restitution, the restitution must be paid in full prior to paying a fine under this section.
[PL 2023, c. 196, §3 (AMD).]
2.  Payment as condition of probation or administrative release.
If a convicted person sentenced to pay a fine is also placed on probation or administrative release, the court may make the payment of the fine a condition of probation or administrative release. In the case of probation, the court may order that the fine be paid to the convicted person's probation officer.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2023, c. 196, §3 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1709. Post-conviction relief invalidating conviction; potential return of fine payments

§1709. Post-conviction relief invalidating conviction; potential return of fine payments
If, in any judicial proceeding following conviction, a court issues a final judgment invalidating the conviction, the judgment may include an order that a fine payment or any part of a fine payment that the convicted person paid pursuant to the sentence for that conviction be returned to that 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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1710. Modification of payment of fine

§1710. Modification of payment of fine
If a convicted person who has been sentenced to pay a fine is in danger of default, that person shall move the court for a modification of time or method of payment to avoid a default. The court may modify its prior order to allow additional time for payment or to reduce the amount of each installment.   [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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 1: FINES › 17-A §1712. Deposit of certain fines in Maine Military Family Relief Fund

§1712. Deposit of certain fines in Maine Military Family Relief Fund
Notwithstanding any provision of law to the contrary, if a person is convicted under section 354, subsection 2, paragraph A of theft by deception due to that person's intentional creation or reinforcement of a false impression that the person is a veteran or a member of the Armed Forces of the United States or a state military force, any fine imposed on that person by the court must be deposited in the Maine Military Family Relief Fund established in Title 37‑B, section 158.   [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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 2: FEES, ASSESSMENTS AND SURCHARGES › 17-A §1751. County jail reimbursement fee (REPEALED)

§1751. County jail reimbursement fee
(REPEALED)
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 591, §2 (RP).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 2: FEES, ASSESSMENTS AND SURCHARGES › 17-A §1752. Supervision fee as condition of probation

§1752. Supervision fee as condition of probation
If a court imposes a sentencing alternative authorized under section 1502 that includes a period of probation, it must attach as a condition of probation that the convicted individual pay, through the Department of Corrections, a supervision fee imposed pursuant to section 1807, subsection 6 for the term of probation.   [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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 2: FEES, ASSESSMENTS AND SURCHARGES › 17-A §1753. Electronic monitoring fee and substance testing fee as conditions of probation

§1753. Electronic monitoring fee and substance testing fee as conditions of probation
If a court imposes a sentencing alternative authorized under section 1502 that includes a period of probation, upon the request of the Department of Corrections, the court shall attach as a condition of probation an electronic monitoring fee, a substance testing fee or both, as governed by section 1807, subsection 7.   [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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 2: FEES, ASSESSMENTS AND SURCHARGES › 17-A §1754. Fee for applying to Department of Corrections to temporarily or periodically leave jurisdiction

§1754. Fee for applying to Department of Corrections to temporarily or periodically leave jurisdiction
If a court requires as a condition of probation that the convicted individual remain within the jurisdiction of the court, unless permission to leave temporarily is granted in writing by the convicted individual's probation officer, the Department of Corrections may impose on the individual applying for permission to leave either temporarily or periodically an application fee, as governed by section 1807, subsection 8.   [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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 2: FEES, ASSESSMENTS AND SURCHARGES › 17-A §1755. Administrative supervision fee as nonmandatory requirement of administrative release

§1755. Administrative supervision fee as nonmandatory requirement of administrative release
If a court imposes a suspended sentence with administrative release pursuant to section 1853 and attaches requirements for the term of the administrative release, the court-imposed requirements of administrative release may include an administrative supervision fee, as governed by section 1854, subsection 2, paragraph A.   [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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 2: FEES, ASSESSMENTS AND SURCHARGES › 17-A §1756. Administrative supervision fee as nonmandatory requirement of deferred disposition

§1756. Administrative supervision fee as nonmandatory requirement of deferred disposition
If an individual consents to a deferred disposition pursuant to section 1901 and a court orders sentencing to be deferred and imposes requirements to be in effect during the period of deferment, the court-imposed deferment requirements may include an administrative supervision fee, as governed by sections 1902 and 1903.   [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 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 2: FEES, ASSESSMENTS AND SURCHARGES › 17-A §1757. Surcharges and assessments outside the code

§1757. Surcharges and assessments outside the code
In addition to the fees authorized by this subchapter, the court shall impose, as applicable, the following surcharges and assessments.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Surcharge and assessment applicable to all criminal cases.
The court shall impose on all persons convicted of a crime:
A. The surcharges for the Government Operations Surcharge Fund and the General Fund authorized under Title 4, section 1057, subsection 2‑A;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. The assessment for the Victims' Compensation Fund authorized under Title 5, section 3360‑I; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. The surcharge for the County Jail Operations Fund authorized under Title 34‑A, section 1210‑E, subsection 8.   [PL 2021, c. 732, Pt. D, §1 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).]
[PL 2021, c. 732, Pt. D, §1 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).]
2.  Surcharge applicable to violation of animal welfare laws or operating under the influence laws.
The court shall impose:
A. The surcharge authorized under Title 17, section 1015 for a violation of Title 17, chapter 42; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. The surcharge authorized under Title 29‑A, section 2411, subsection 7 for a violation of Title 29‑A, section 2411.   [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. 732, Pt. D, §1 (AMD). PL 2021, c. 732, Pt. D, §7 (AFF).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 65: FINES, FEES, ASSESSMENTS AND SURCHARGES › Subchapter 2: FEES, ASSESSMENTS AND SURCHARGES › 17-A §1758. Authority to impose fees, surcharges and assessments by Supreme Judicial Court

§1758. Authority to impose fees, surcharges and assessments by Supreme Judicial Court
Nothing in this chapter limits the authority of the Supreme Judicial Court to impose fees, surcharges or assessments by administrative order or 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 67: CONDITIONAL RELEASE › Subchapter 1: PROBATION › 17-A §1801. Definitions

§1801. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Dating partner.
"Dating partner" has the same meaning as in Title 19‑A, section 4102, subsection 4.
[PL 2021, c. 647, Pt. B, §35 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Family or household member.
"Family or household member" has the same meaning as in Title 19‑A, section 4102, subsection 6, paragraphs A to E.
[PL 2021, c. 647, Pt. B, §36 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
3.  Victim.
"Victim" means:
A. A person who is the victim of a crime;   [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 by law; or   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. A person who has obtained under Title 19‑A, former section 4007 or Title 19‑A, section 4110 an active protection order or approved consent agreement against the defendant.   [PL 2021, c. 647, Pt. B, §37 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
[PL 2021, c. 647, Pt. B, §37 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 647, Pt. B, §§35-37 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 1: PROBATION › 17-A §1803. Definite period of probation required

§1803. Definite period of probation required
In imposing a sentencing alternative under section 1502 that includes a period of probation, the court shall set a definite period of probation.   [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 1: PROBATION › 17-A §1806. Wholly suspended term of imprisonment with probation

§1806. Wholly suspended term of imprisonment with probation
Unless prohibited pursuant to section 1802, subsection 1, paragraphs A to F, the court may sentence an individual to a term of imprisonment not to exceed the maximum term authorized for the crime, suspend the entire term of imprisonment and accompany the suspension with a period of probation not to exceed the maximum period authorized for the crime, to commence on the date the individual goes into actual execution of the sentence. The day the individual goes into actual execution of the sentence is counted as the first full day of the period of probation.   [PL 2021, c. 608, Pt. D, §2 (AMD).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 608, Pt. D, §2 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 1: PROBATION › 17-A §1808. Community reparations boards

§1808. Community reparations boards
1.  Persons required to appear before board.
If the court imposes a sentencing alternative that includes a period of probation, the court shall require as a condition of probation that the person appear before a community reparations board, referred to in this section as "the board," and abide by any requirement imposed by the board if:
A. The person has been sentenced to a suspended term of imprisonment with probation or a split sentence of imprisonment with probation the initial portion of which must be served in a county jail under section 1805;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. The person has not been convicted of a crime under chapter 11 or a crime of domestic violence;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. The Department of Corrections recommends that appearance before the board be required; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
D. The court finds no circumstance that makes appearance inappropriate.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Duties of person required to appear before board.
A person required to appear before a community reparations board shall:
A. Cooperate with the preparation of the intake report to be submitted to the board;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Appear before the board as directed by the person's probation officer; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. Cooperate with the board.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Powers of board.
The powers of a community reparations board are limited to requiring the person to:
A. Pay restitution in accordance with chapter 69;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Perform community service;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. Complete a prescribed course of counseling or education;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
D. Refrain from frequenting specified places or consorting with specified persons;   [PL 2019, c. 113, Pt. A, §2 (NEW).]
E. Comply with reparative sanctions other than restitution, including, but not limited to, writing an apology to the victim and fulfilling crime-impact education measures; and   [PL 2019, c. 113, Pt. A, §2 (NEW).]
F. Report to the board regarding compliance with the requirements of this subsection.   [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Time limit on requirement imposed by board.
A requirement imposed by a community reparations board may not extend longer than 6 months, except the requirement to pay restitution.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
5.  Violation.
A person who fails to abide by the requirements of this section commits a violation of probation.
[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 1: PROBATION › 17-A §1810. Commencement of probation revocation proceedings by summons

§1810. Commencement of probation revocation proceedings by summons
1.  Authority of probation officer.
If a probation officer has probable cause to believe that a person on probation has violated a condition of probation, that officer may deliver to that person, or cause to be delivered to that person, a summons ordering that person to appear for a court hearing on the alleged violation. This subsection does not apply to a violation of a condition of probation imposed pursuant to section 1807, subsection 2, paragraph I when there is no alleged violation that constitutes a crime, except as set out in section 1814.
[PL 2021, c. 403, §2 (AMD).]
2.  Contents of summons; probation officer to file motion for revocation.
The summons delivered pursuant to subsection 1 must include the signature of the probation officer; a brief statement of the alleged violation; the time and place of the alleged violation; and the time, place and date the person is to appear in court or a statement that the court will notify the person of the time, place and date to appear. As soon as practical after service of the summons, the probation officer shall file with the court a motion for revocation of probation that sets forth the facts underlying the alleged violation.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3.  Initial appearance.
A person appearing on a motion to revoke probation pursuant to a summons must be given an initial appearance as provided in section 1811, subsection 4.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4.  Failure to appear.
If the person 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, the person must be given a probable cause hearing as provided in section 1809, subsection 2 and an initial appearance as provided in section 1811, subsection 3.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 403, §2 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 1: PROBATION › 17-A §1813. Review

§1813. Review
1.  Discretionary appeal to Law Court.
Review of a revocation of probation pursuant to section 1812 must be by appeal to the Law Court. A person whose probation is revoked may not appeal 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).]
2.  Assignment and withdrawal of counsel.
Assignment and withdrawal of counsel for an appeal under this section must be in accordance with the Maine Rules of Unified Criminal Procedure.
[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 1: PROBATION › 17-A §1814. Additional conditions in lieu of probation revocation proceedings

§1814. Additional conditions in lieu of probation revocation proceedings
Whenever a probation officer has probable cause to believe that a person under the supervision of that probation officer has violated a condition of probation but the violation does not constitute a crime, the probation officer, instead of commencing a probation revocation proceeding under section 1809 or section 1810, may offer to the person the option of adding one or more of the following conditions to the person's probation:   [PL 2021, c. 403, §5 (AMD).]
1.  Participation in public restitution program or treatment program.
The person will participate in a public restitution program or treatment program in the community; and
[PL 2021, c. 403, §5 (AMD).]
2.  Residence at correctional facility or county jail.
[PL 2021, c. 403, §5 (RP).]
3.  Graduated sanction.
The person will comply with a graduated sanction, which may not consist of incarceration.
[PL 2021, c. 403, §5 (NEW).]
Notwithstanding other provisions in this subchapter, a probation officer may arrest a person for a violation of a condition imposed pursuant to section 1807, subsection 2, paragraph I and may commence probation revocation proceedings if that officer has probable cause to believe that the person has committed a violation of the condition and determines there is a significant risk to the safety of others or the person that cannot be managed through a noncustodial response.   [PL 2021, c. 403, §5 (NEW).]
If the person agrees in writing to the additional conditions under subsection 1 or 3, the conditions must be implemented. If the person does not agree or if the person fails to fulfill the additional conditions to the satisfaction of the probation officer, the probation officer may commence probation revocation proceedings under section 1809 or 1810 for the violation that the probation officer had probable cause to believe occurred. If the person fulfills the additional conditions to the satisfaction of the probation officer, the probation officer shall so notify the person in writing and the probation officer may not commence probation revocation proceedings for the violation that the probation officer had probable cause to believe occurred.   [PL 2021, c. 403, §5 (AMD).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 403, §5 (AMD).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 1: PROBATION › 17-A §1815. Completion of period of probation

§1815. Completion of period of probation
A period of probation is completed when the last day of the period, excluding any days during which the running of the period of probation is tolled, ends.   [PL 2021, c. 608, Pt. D, §4 (NEW).]
SECTION HISTORY
PL 2021, c. 608, Pt. D, §4 (NEW).
2023 Maine Revised Statutes › TITLE 17-A: MAINE CRIMINAL CODE › Part 6: PUNISHMENTS › Chapter 67: CONDITIONAL RELEASE › Subchapter 2: ADMINISTRATIVE RELEASE › 17-A §1851. Eligibility for sentencing alternative that includes period of administrative release; exceptions

§1851. Eligibility for sentencing alternative that includes period of administrative release; exceptions
The court may sentence a person who has been convicted of a Class D or Class E crime or a Class C crime under Title 29‑A, former section 2557, section 2557‑A or section 2558 to a sentencing alternative under section 1502, subsection 2, paragraphs I, J and K for an individual and section 1502, subsection 7, paragraph E for an organization, unless:   [PL 2019, c. 113, Pt. A, §2 (NEW).]
1.  Sentencing alternative includes probation.
The court sentences the person to a sentencing alternative under section 1502 that includes a period of probation; or
[PL 2019, c. 113, Pt. A, §2 (NEW).]
2.  Sentencing alternative diminishes gravity of crime.
The court finds that such a sentence would diminish the gravity of the crime for which that person was convicted.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).