| | B. While in custody in a penal institution or other | facility | he | corrections supervisor or another member of the staff of the | an institution or facility | | performing official duties. As used in this paragraph | | "assault" means the crime defined in section 207, subsection | | 1, paragraph A. |
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| | | Sec. 5. 17-A MRSA §1231, sub-§6, as enacted by PL 1999, c. 788, §7, is | | amended to read: |
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| | | 6. The court may revoke a period of supervised release | | pursuant to section 1233. If the court revokes a period of | | supervised release, the court may require the person to serve | | time in prison under the custody of the Department of | | Corrections. This time in prison may equal all or part of the | | period of supervised release, without credit for time served on | | post-release supervision, but may not exceed 1/3 of the straight | | term of imprisonment imposed. The remaining portion of the | | period of supervised release that is not required to be served in | | prison remains in effect to be served after the person's release | | and is subject to revocation at a later date. |
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| | | Sec. 6. 17-A MRSA §1253, sub-§2, as amended by PL 1997, c. 464, §4, is | | further amended to read: |
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| | | 2. Each person sentenced to imprisonment who has previously | | been detained for the conduct for which the sentence is imposed | | in any state facility or county institution or facility or in any | | local lockup awaiting trial, during trial, post-trial awaiting | | sentencing or post-sentencing prior to the date on which the | | sentence commenced to run either to await transportation to the | | place of imprisonment specified, or pursuant to court order, and | | not in execution of any other sentence of confinement, is | | entitled to receive a day-for-day deduction from the total term | | of imprisonment required under that sentence. Each person is | | entitled to receive the same deduction for any such period of | | detention in any federal, state or county institution, local | | lockup or similar facility in another jurisdiction, including any | | detention resulting from being a fugitive from justice, as | | defined by Title 15, section 201, subsection 4, unless the person | | is simultaneously being detained for non-Maine conduct. |
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| | | For the purpose of calculating the day-for-day deduction | | specified by this subsection, a "day" means 24 hours. |
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| | | The total term required under the sentence of imprisonment is | | reduced by the total deduction of this subsection prior to |
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