Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill:

1. Amends the Maine Revised Statutes, Title 17-A, section 1152, subsection 2 in 2 regards. First, it adds references in paragraph G to the sentencing alternatives in paragraphs H, I, L and M since a fine may be imposed in addition to these added sentencing alternatives as well as those sentencing alternatives currently listed paragraphs B, D, E and F. Second, a paragraph M is enacted relative to a split sentence of imprisonment with administrative release as authorized by chapter 54-G because this bill creates this new sentencing alternative in Title 17-A, section 1348-B, subsection 1;

2. Amends Title 17-A, section 1172, subsection 1 by adding a reference to "deferred disposition" in paragraphs A and B and by enacting a new paragraph F that imposes a new duty on the attorney for the State when practicable to make a good faith effort to inform a crime victim of the right to comment on the proposed early termination of probation, early termination of administrative release or conversion of probation to administrative release;

3. Enacts Title 17-A, section 1174-A, which imposes a new duty on the attorney for the State after receiving notice of a motion seeking early termination of probation or early termination of administrative release or seeking to convert probation to administrative release to disclose to the court any attempts made to notify the victim of the motion and any objection to the motion by the victim. It also provides the victim a right to be heard on the motion in the event a hearing is held by the court and the victim is physically present in the courtroom;

4. Amends Title 17-A, section 1201, subsection 1, paragraph A-1 by enacting a new subparagraph (1) authorizing probation following conviction for those Class D and Class E crimes relative to which, based upon both the written agreement of the parties and a court finding, the facts and circumstances of the underlying criminal episode giving rise to the conviction generated probable cause to believe the defendant had committed a Class A, Class B or Class C crime in the course of that criminal episode, and as agreed upon in writing by the parties and found