An Act To Amend the Laws Relating to Probation and Supervised Release for Sex Offenders
Sec. 1. 17-A MRSA §1201, sub-§1, ¶A-1, as amended by PL 2005, c. 265, §7, is further amended to read:
(1) A Class D or Class E crime relative to which, based upon both the written agreement of the parties and a court finding, the facts and circumstances of the underlying criminal episode giving rise to the conviction generated probable cause to believe the defendant had committed a Class A, Class B or Class C crime in the course of that criminal episode and, as agreed upon in writing by the parties and found by the court, the defendant has no prior conviction for murder or for a Class A, Class B or Class C crime and has not been placed on probation pursuant to this subparagraph on any prior occasion;
(2) A Class D crime that the State pleads and proves was committed against a family or household member under chapter 9 or 13 or section 506-B, 554, 555 or 758. As used in this subparagraph, "family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4;
(3) A Class D or Class E crime in chapter 11 or 12;
(4) A Class D crime under section 210-A;
(5) A Class D or Class E crime under section 556, section 854, excluding subsection 1, paragraph A, subparagraph (1), or section 855;
(6) A Class D crime in chapter 45 relating to a schedule W drug; or
(7) A Class D or Class E crime under Title 29-A, section 2411, subsection 1-A, paragraph B.
Sec. 2. 17-A MRSA §1203, sub-§1-A, ¶D is enacted to read:
Sec. 3. 17-A MRSA §1206, sub-§10 is enacted to read:
Sec. 4. 17-A MRSA §1231, sub-§6, as amended by PL 2005, c. 673, §2, is further amended to read:
Sec. 5. 17-A MRSA §1231, sub-§7 is enacted to read:
Sec. 6. 17-A MRSA §1349, sub-§1, ¶A, as enacted by PL 2003, c. 711, Pt. A, §19, is amended to read:
Sec. 7. 17-A MRSA §1349-D, sub-§4, as amended by PL 2005, c. 265, §18, is further amended to read:
Sec. 8. 32 MRSA §13723, sub-§7, ¶A, as amended by PL 1991, c. 274, §2, is further amended to read:
Sec. 9. 34-A MRSA §5404, sub-§2, as amended by PL 2005, c. 488, §§23 and 24, is further amended to read:
Sec. 10. 34-A MRSA §9888 is enacted to read:
§ 9888. Administrative preliminary hearing
Whenever it appears that a person accepted for supervision under this compact arrested for an alleged violation of a supervision condition is entitled under the compact to a determination of whether there is probable cause to believe the person has violated a condition of that person's supervision, the determination must be made at an administrative preliminary hearing meeting the requirements of the compact and held before an official designated by the Commissioner of Corrections within 5 days after the arrest, excluding Saturdays, Sundays and holidays.
summary
This bill amends the law relating to probation and supervised release for sex offenders as follows. The bill:
1. Provides that if a stay of execution is given by a court on a term of imprisonment on a split sentence, the court may revoke the subsequent probation for criminal conduct committed during the stay or for failure to report as ordered;
2. Clarifies that if probation is partially revoked on more than one occasion on the same sentence the periods of imprisonment imposed are successive and that a period of imprisonment imposed on a partial revocation does not commence until the initial unsuspended portion of imprisonment has been fully served;
3. Adds to the provisions for supervised release for sex offenders provisions similar to those for probation regarding revocation for criminal conduct during imprisonment or failure to cooperate with sex offender treatment during imprisonment;
4. Allows probation officers to see pharmacy records of probationers and others under the officers' supervision as the result of a court order on the same basis as other law enforcement officers;
5. Gives probation officers the power to arrest for obstruction of government administration those who interfere with them while they are performing their official functions;
6. Sets out explicitly the "plead and prove" requirement that federal constitutional law requires whenever the available sentencing alternatives depend on the crime committed;
7. Adds a cross-reference in the provision governing revocation of supervised release for sex offenders;
8. Removes the prohibition on administrative release when there is a mandatory fine provision as the imposition of administrative release is not inconsistent with the imposition of a fine;
9. Makes the timeline for an initial appearance on an administrative release revocation consistent with the timeline for an initial appearance on a probation revocation; and
10. Makes it clear that probable cause determinations for persons transferred from other jurisdictions for probation or parole supervision in Maine are done administratively since the Maine courts have no role in the imposition of supervision or the revoking of supervision.