LD 1505
pg. 11
Page 10 of 12 An Act To Amend the Sentencing Laws Page 12 of 12
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LR 2267
Item 1

 
and what that burden is by expressly providing that at the hearing
on final disposition at the conclusion of the period of deferment
the person granted a deferred disposition must demonstrate
compliance with the court-imposed deferment requirements by a
preponderance of the evidence. Second, it changes current law by
providing that in the event the person granted a deferred
disposition meets the person's burden of proof, the sentence to be
imposed by the court is any sentence alternative authorized for the
crime that was either agreed to in writing at the time the
sentencing was originally deferred or as amended by agreement of
the parties in writing subsequently but prior to the actual
sentence being imposed;

 
10. Amends Title 17-A, section 1348-B, subsection 2 to
clarify which party has the burden of proof by expressly
providing that at the hearing on the State's motion to terminate
the remainder of the period of deferment and impose sentence the
State must demonstrate that the person granted a deferred
disposition has inexcusably failed to comply with a court-imposed
deferment requirement;

 
11. Amends Title 17-A, section 1348-B, subsection 5, repeals
section 1348-B, subsection 6 and enacts section 1348-B,
subsection 7, simplifying the summons process and the arrest
warrant process for persons on deferred disposition. To obtain
the presence of the person granted a deferred disposition at the
hearing on final disposition at the conclusion of the period of
deferment, the summons process is contemplated. If the person
fails to appear after having been served with a summons, the
court may issue a warrant of arrest of the person. To obtain the
presence of the person granted a deferred disposition at the
hearing on the State's motion to terminate the remainder of the
period of deferment and impose sentence, both the arrest warrant
process and the summons process are available to the State in
order to obtain the appearance of the person;

 
12. Amends Title 17-A, section 1349 to make a person who has
been convicted of operating after habitual offender revocation,
pursuant to Title 29-A, section 2557, eligible for a sentence
alternative that includes a period of administrative release;

 
13. Enacts Title 17-A, section 1349-A, subsection 2-A, which
imposes on the person placed on administrative release the duty
to bring a motion under section 1349-A, subsection 2 if, at any
time during the period of administrative release, the person
cannot meet a requirement of administrative release imposed by
the court;

 
14. Amends Title 17-A, section 1349-B, subsection 1 in 2


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