LD 1505
pg. 7
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LR 2267
Item 1

 
B. The court sentences the person to a sentencing
alternative under section 1152 that includes a period of
probation; or

 
C. The court finds that such a sentence would diminish the
gravity of the crime for which that person was convicted.

 
Sec. 16. 17-A MRSA §1349-A, sub-§2-A is enacted to read:

 
2-A.__During the period of administrative release, if the
person cannot meet a requirement of administrative release
imposed by the court, the person shall bring a motion pursuant to
subsection 2.

 
Sec. 17. 17-A MRSA §1349-B, sub-§1, as enacted by PL 2003, c. 711, Pt.
A, §19, is amended to read:

 
1. The court may sentence a person to a term of imprisonment
not to exceed the maximum term authorized for the Class D or
Class E crime or the Class C crime under Title 29-A, section
2557, suspend the entire term of imprisonment in whole or in part
and accompany the suspension with a period of administrative
release not to exceed the one year authorized under section 1349-
A, subsection 1.

 
Sec. 18. 17-A MRSA §1349-D, as enacted by PL 2003, c. 711, Pt. A,
§19, is amended to read:

 
§1349-D. Commencement of administrative release

 
revocation proceeding

 
1. If during the period of administrative release the
attorney for the State has probable cause to believe that the
person placed on administrative release has violated a
requirement of administrative release, the attorney for the State
may file a motion with the court seeking to revoke administrative
release and cause a summons to be delivered to the person placed
on administrative release ordering that person to appear for a
court hearing on the alleged violation. The motion must set
forth the facts underlying the alleged violation. The summons
must be in the same form as a summons under section 1205-B,
subsection 2 except that the summons must include the signature
of a law enforcement officer other than a probation officer.

 
1-A.__A summons may be used to order a person who was placed
on administrative release to appear on a motion to revoke that
person's administrative release.

 
2. A person placed on administrative release appearing on a
motion to revoke administrative release pursuant to a summons


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