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