LD 1764
pg. 3
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LR 2623
Item 1

 
1-B. Upon the request of the Department of Corrections, the
court shall attach as a condition of probation that the convicted
person pay, through the department, an electronic monitoring fee,
a substance testing fee or both, as determined by the court, for
the term of probation. In determining the amount of the fees,
the court shall take into account the financial resources of the
convicted person and the nature of the burden the payment
imposes. A person may not be sentenced to imprisonment without
probation solely for the reason the person is not able to pay the
fees. When a person on probation fails to pay the fees, the
court may revoke probation as specified in section 1206, unless
the person shows that failure to pay was not attributable to a
willful refusal to pay or to a failure on that person's part to
make a good faith effort to obtain the funds required for the
payment. The court, if it determines that revocation of
probation is not warranted, shall issue a judgment for the total
amount of the fees and shall issue an order attaching a specified
portion of money received by or owed to the person on probation
until the total amount of the fees has been paid. If the person
makes this showing, the court may allow additional time for
payment within the remaining period of probation or reduce the
size of the fees, but may not revoke the requirement to pay the
fees unless the remaining period of probation is 30 days or less.
Fees received from probationers must be deposited into the
department's Correctional Program Improvement Fund adult
community corrections account, except that when authorized by the
Department of Corrections, a person on probation may be required
to pay fees directly to a provider of electronic monitoring,
substance testing or other services. Funds from this account,
which may not lapse, must be used to defray costs associated with
the purchase and operation of electronic monitoring and substance
testing programs.

 
Sec. A-6. 17-A MRSA §1253, sub-§2, as amended by PL 2003, c. 205, §6,
is further amended to read:

 
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


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