CHAPTER 265

S.P. 521 - L.D. 1505

An Act To Amend the Sentencing Laws

Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, the Commission to Improve the Sentencing, Supervision, Management and Incarceration of Prisoners was established by the Legislature to examine the factors leading to prison overcrowding, the impact of current sentencing laws, the use of alternative sentences and means to reduce recidivism, in particular recidivism caused by mental illness and substance abuse; and

Whereas, the commission's recommendations to create sentencing alternatives for certain classes of offenses were enacted; however, greater judicial discretion is necessary to deter future criminal conduct and for the safety of victims of crime; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §1152, sub-§2, ¶G, as amended by PL 1995, c. 136, §1, is further amended to read: