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by the court, the defendant has no prior conviction for murder or | | for a Class A, Class B or Class C crime and has not been placed on | | probation pursuant to this subparagraph on any prior occasion. The | | availability of probation provides the impetus for the attorney for | | the State to forego the felony in favor of a misdemeanor | | disposition. The bill enacts a new subparagraph (4) to paragraph | | A-1 authorizing probation following conviction for a Class D crime | | of stalking, a violation of Title 17-A, section 210-A, subsection | | 1, paragraph A. Currently, probation is authorized for Class D | | stalking only if committed against a family or household member. | | It enacts a new subparagraph (6) to paragraph A-1 authorizing | | probation following conviction for a Class D crime in Title 17-A, | | chapter 45 relating to a schedule W drug. Chapter 45 includes | | unlawful possession of scheduled drugs as well as various criminal | | attempts; |
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| | | 5. Amends Title 17-A, section 1202, subsection 2 by imposing | | on a person on probation the duty to bring a motion pursuant to | | the subsection if the probationer, at any time during the period | | of probation, cannot meet a requirement imposed by the court or a | | community reparations board; |
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| | | 6. Amends Title 17-A, section 1202, subsection 2-A in 3 ways. | | First, the word "application" is replaced by the word "motion," | | which more accurately describes the process. Second, a court is | | authorized to convert a period of probation imposed for the Class | | C crime of operating after habitual offender revocation, pursuant | | to Title 29-A, section 2557, to a period of administrative | | release. Third, a conversion from probation to administrative | | release by a court sought by the probationer, the probation | | officer or the court on its own motion is made contingent upon | | notice of the motion being provided to the attorney for the State | | as well as the probation officer; |
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| | | 7. Amends Title 17-A, section 1202, subsection 3 in 2 ways. | | First, the word "application" is replaced by the word "motion." | | Second, a termination of probation and discharge by a court | | sought by the probationer, the probation officer or the court on | | its own motion is made contingent upon notice of the motion being | | provided to the attorney for the State as well as the probation | | officer; |
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| | | 8. Enacts Title 17-A, section 1348-A, subsection 3, which | | imposes on the person granted a deferred disposition the duty to | | bring a motion pursuant to section 1348-A, subsection 2 if, at | | any time during the period of deferment, the person cannot meet a | | deferment requirement imposed by the court; |
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| | | 9. Amends Title 17-A, section 1348-B, subsection 1 in 2 ways. | | First, it clarifies which party has the burden of proof |
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