Credits under this paragraph must be calculated as follows for partial calendar months:

Days of partial month Maximum credit

available

1 to 15 days up to 1

16 to 31 days up to 2

The sheriff or other person required to furnish a statement showing the length of detention shall also furnish a statement showing the number of days credited pursuant to this paragraph.

Detention awaiting trial, during trial, post-trial awaiting sentencing or post-sentencing prior to the date on which a sentence commences to run is not punishment.

Sec. 28. 17-A MRSA §1253, sub-§§9 to 11 are enacted to read:

9.__Time may be deducted from a term of imprisonment as a result of conduct in accordance with this subsection.

A.__For any person who commits a crime, other than murder or gross sexual assault, on or after August 1, 2004 and is subsequently sentenced to a term of imprisonment for that crime, up to 4 days per calendar month may be deducted from that term, calculated from the date of commencement of that term as specified under subsection 1, if that person's conduct during that month is such that the deduction is determined to be warranted in the discretion of the chief administrative officer of the state facility or the sheriff of the county jail.

Deductions under this paragraph must be calculated as follows for partial calendar months:

Days of partial month Maximum deduction

available

1 to 7 days up to 1

8 to 15 days up to 2