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| | | C.__Any portion of the time deducted from the sentence of | | any person pursuant to this subsection may be withdrawn by | | the chief administrative officer of the state facility for a | | disciplinary offense or for the violation of any law of the | | State in accordance with Title 34-A, section 3032 and the | | rules adopted under that section, or by the sheriff of the | | county jail in accordance with jail disciplinary procedures. | | Deductions may be withdrawn for months already served or yet | | to be served by the person up to and including the maximum | | authorized for that sentence. |
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| | | 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of the state facility | | or the sheriff of the county jail may restore any portion of | | deductions that have been withdrawn under paragraph C if the | | person's later conduct and fulfillment of responsibilities | | assigned in the person's transition plan for work, education | | or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. |
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| | | 11.__As used in this section, "family or household member" has | | the same meaning as in Title 19-A, section 4002, subsection 4. |
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| | | 12.__Subsections 9 and 10 supersede subsections 3, 3-B, 4, 5, | | 6 and 8 for a person who commits a crime other than murder and | | for a person who commits a crime under chapter 11 or 12; under | | section 556; under section 854, excluding subsection 1, paragraph | | A, subparagraph (1); or against a family or household member | | under chapter 9 or 13, section 506-B, 554, 555 or 758, on or | | after August 1, 2004. |
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| | | 13.__If a court imposes a sentencing alternative pursuant to | | section 1152 that includes a term of imprisonment, in setting the |
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| | | appropriate length of that term, as well as an unsuspended | | portion of that term, if any, the court may not consider the | | potential impact of deductions under subsections 2, 3, 3-B, 4, 5, | | 8, 9 and 10 except in the context of a plea agreement in which | | both parties are recommending to the court a particular | | disposition under the Maine Rules of Criminal Procedure, Rule 11- | | A. |
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| | | Sec. A-19. 17-A MRSA cc. 54-F and 54-G are enacted to read: |
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