LD 1903
pg. 13
Page 12 of 47 PUBLIC Law Chapter 711 Page 14 of 47
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LR 2718
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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:

 
A.__The statute that the person is convicted of violating
expressly provides that the fine and imprisonment penalties
it authorizes may not be suspended, in which case the

 
convicted person must be sentenced to the imprisonment and
required to pay the fine authorized therein;

 
B.__The court sentences the person to a sentencing
alternative under section 1152 that includes a period of
probation; or

 
C.__The court finds that such a sentence would diminish the
gravity of the crime for which that person was convicted.

 
§1349-A.__Period of administrative release

 
1.__A person who has been convicted of a Class D or Class E
crime may be placed on administrative release for a period not to
exceed one year.


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