| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17-A MRSA §1201, sub-§1, ķA-1, as enacted by PL 2003, c. 711, | Pt. A, §10, is amended to read: |
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| A-1. The conviction is for a Class D or Class E crime other | than any Class D crime committed against a family or | household member under chapter 9 or 13 or section 506-B, | 554, 555 or 758; any Class D or Class E crime in chapter 11 | or 12; a Class D or Class E crime under section 556, 854, | excluding subsection 1, paragraph A, subparagraph (1), or | 855; and the Class D or Class E crime under Title 29-A, | section 2411, subsection 1-A, paragraph B. The court may | not sentence the person to a sentencing alternative that | includes a period of probation unless it is satisfied that | the period of probation is necessary to deter future | criminal conduct or for the safety of a victim of the crime. | As used in this paragraph, "family or household member" has | the same meaning as in Title 19-A, section 4002, subsection | 4; |
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| | Sec. 2. 17-A MRSA §1202, sub-§2-A, as enacted by PL 2003, c. 711, Pt. | A, §13, is amended to read: |
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| | 2-A. Once the period of probation has commenced, on | application motion of the probation officer, or of the person on | probation, or on the court's own motion, the court may convert at | any time a period of probation for a Class D or Class E crime to | a period of administrative release. A conversion to | administrative release may not be ordered upon the motion of the | person on probation unless notice of the motion is given to the | probation officer by the person on probation and the prosecuting | attorney. The provisions of chapter 54-G apply when probation is | converted to administrative release. Conversion to | administrative release serves to relieve the person on probation | of any obligations imposed by the probation conditions. |
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| | Sec. 3. 17-A MRSA §1202, sub-§3, as amended by PL 2003, c. 711, Pt. A, | §14, is further amended to read: |
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| | 3. Once the period of probation has commenced, on application | motion of the probation officer, or of the person on probation, | or on its own motion, the court may terminate at any time a | period of probation and discharge the convicted person at any | time earlier than that provided in the sentence made pursuant to | subsection 1, if warranted by the conduct of such the person. A | termination and discharge may not be ordered upon the motion of | the person on probation unless notice of the motion is given to | the probation officer by the person on probation and the | prosecuting attorney. Such The termination and discharge serves |
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