| | | D.__The chief administrative officer of the state facility | | or the sheriff of the county jail may restore any portion of | | deductions that have been withdrawn under paragraph C if the | | person's later conduct and fulfillment of responsibilities | | assigned in the person's transition plan for work, education | | or rehabilitation programs are such that the restoration is | | determined to be warranted in the discretion of the chief | | administrative officer or the sheriff. |
|
| | | 11.__Subsections 9 and 10 supersede subsections 3, 3-B, 4, 5, | | 6 and 8 for persons who commit offenses on or after August 1, | | 2004. |
|
| | | Sec. 29. 17-A MRSA cc. 54-F and 54-G are enacted to read: |
|
| | | §1348.__Eligibility for deferred disposition |
|
| | | A person who has pled guilty to a Class C, Class D or Class E | | crime, except a crime expressly providing that one or more | | punishment alternatives it authorizes may not be suspended, and | | who consents to a deferred disposition in writing, is eligible | | for a deferred disposition. |
|
| | | §1348-A.__Deferred disposition |
|
| | | 1.__Following the acceptance of a plea of guilty for a crime | | for which a person is eligible for a deferred disposition under | | section 1348, the court may order sentencing deferred to a date | | certain or determinable and impose requirements upon the person, | | to be in effect during the period of deferment, considered by the | | court to be reasonable and appropriate to assist the person to | | lead a law-abiding life.__The court-imposed deferment | | requirements must include a requirement that the person refrain | | from criminal conduct.__In exchange for the deferred sentencing, | | the person shall abide by the court-imposed deferment | | requirements.__Unless the court orders otherwise, the | | requirements are immediately in effect. |
|
| | | 2.__During the period of deferment and upon application of the | | person granted deferred disposition pursuant to subsection 1 or | | of the attorney for the State or upon the court's own motion, the | | court may, after a hearing upon notice to the attorney for the | | State and the person, modify the requirements imposed by the | | court, add further requirements or relieve the person of any | | requirement imposed by the court that, in the court's opinion, | | imposes an unreasonable burden on the person. |
|
|
