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to relieve the person on probation of any obligations imposed by | | the sentence of probation. |
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| | | Sec. 4. 17-A MRSA §1348-B, sub-§§1 and 5, as enacted by PL 2003, c. 711, | | Pt. A, §19, are amended to read: |
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| | | 1. Unless a court hearing is sooner held under subsection 2, | | at the conclusion of the period of deferment, after notice, a | | person who was granted deferred disposition pursuant to section | | 1348-A shall return to court for a hearing on final disposition. | | If the court finds that the person has complied with the court- | imposed deferment requirements, the court shall impose a sentence | of unconditional discharge under section 1346 | | alternative authorized for the crime to which the person pled | | guilty and consented to in writing by the person at the time | | sentencing was deferred, unless the attorney for the State, prior | | to sentence imposition, moves the court to allow the person to | | withdraw the plea of guilty. Except over the objection of the | | defendant, the court shall grant the State's motion. Following | | the granting of the State's motion, the attorney for the State | | shall dismiss the pending charging instrument with prejudice. If | | the court finds that the person has inexcusably failed to comply | | with the court-imposed deferment requirements, the court shall | | impose a sentencing alternative authorized for the crime to which | | the person pled guilty. |
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| | | 5. A summons must | | 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. | | with a summons, the court may issue a warrant for the arrest of | | the person. |
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| | | Sec. 5. 17-A MRSA §1348-B, sub-§6, as enacted by PL 2003, c. 711, Pt. | | A, §19, is repealed. |
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| | | Sec. 6. 17-A MRSA §1348-B, sub-§7 is enacted to read: |
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| | | 7.__If, during the period of deferment, the attorney for the | | State has probable cause to believe that a person who was granted | | deferred disposition pursuant to section 1348-A has violated a | | court-imposed deferment requirement, the attorney for the State | | may apply for a warrant for the arrest of the person. |
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| | | Sec. 7. 17-A MRSA §1349, as corrected by RR 2003, c. 2, §28, is | | amended to read: |
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