5.__A summons must be used to order a person who was granted deferred disposition pursuant to section 1348-A to appear for a hearing under this section.__If the person can be located and served with a summons, the attorney for the State may not commence a hearing under this section by having the person arrested, except that a person who fails to appear as required may be arrested pursuant to a bench warrant or an order of arrest.

6. If a person who was granted deferred disposition pursuant to section 1348-A can not, with due diligence, be located, the attorney for the State shall file a written notice of this fact with the court that ordered the deferred disposition.__If the hearing is for a final disposition at the conclusion of the period of deferment, and the person fails to appear at that hearing, the person may be arrested pursuant to a bench warrant or an order of arrest.__If the hearing is to determine whether the person has inexcusably failed to comply with a court-imposed deferment requirement, the attorney for the State shall apply for a warrant of arrest in accordance with Rule 41 of the Maine Rules of Criminal Procedure.

§1348-C.__Limited review by appeal

A person is precluded from seeking to attack the legality of a deferred disposition, including a final disposition, except that a person who has been determined by a court to have inexcusably failed to comply with a court-imposed deferment requirement and thereafter has been sentenced to an alternative authorized for the crime may appeal to the Law Court, but not as of right.__The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.

CHAPTER 54-G

ADMINISTRATIVE RELEASE

§1349.__Eligibility for sentence alternative that includes

period of administrative release

A person who has been convicted of a Class D or Class E crime may be sentenced to a sentence alternative under section 1152 that includes a period of administrative release, unless: