LD 1903
pg. 14
Page 13 of 30 An Act To Further Implement the Recommendations of the Commission To Improve th... Page 15 of 30
Download Bill Text
LR 2718
Item 1

 
and for Class D and Class E crimes, for a period not to exceed one
year.

 
Sec. 25. 17-A MRSA §1202, sub-§2-A is enacted to read:

 
2-A.__On application of the probation officer, or of the
person on probation, or on the court's own motion, the court may
convert a period of probation for a Class D or Class E crime to a
period of administrative release. A conversion to administrative
release may not be ordered upon the motion of the person on
probation unless notice of the motion is given to the probation
officer by the person on probation.__The provisions of chapter
54-G apply when probation is converted to administrative release.__
Conversion to administrative release serves to relieve the person
on probation of any obligations imposed by the probation
conditions.

 
Sec. 26. 17-A MRSA §1252, sub-§9 is enacted to read:

 
9.__Whenever a mandatory minimum fine or period of
imprisonment is required by law, the mandatory minimum sentence
may be suspended if imposition of the mandatory minimum sentence
would create substantial injustice and if the deviation from the
mandatory minimum sentence neither diminishes the gravity of the
offense nor adversely affects the safety of the public and would
not frustrate the general purposes of sentencing set forth in
section 1151.__In deviating from the mandatory minimum sentence,
the court shall consider all relevant factors, including:

 
A.__The nature of the criminal act;

 
B. The defendant's prior record;

 
C.__The recommendations of the victim or the victim's family
and the prosecuting attorney;

 
D.__The defendant's prospects for rehabilitation, credible
demonstration of remorse and comprehension of the
consequences of the defendant's actions; and

 
E.__The age, background and physical and mental condition of
the defendant, the defendant's family circumstances, and
whether the criminal act was an isolated aberration in the
life of the defendant.

 
Sec. 27. 17-A MRSA §1253, sub-§2, ķA is enacted to read:

 
A.__For any person who commits a crime on or after August 1,
2004, is subsequently sentenced to a term of imprisonment for
that crime and is entitled to receive a day-for-day


Page 13 of 30 Top of Page Page 15 of 30