LD 1356
pg. 2
Page 1 of 2 PUBLIC Law Chapter 288 LD 1356 Title Page
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LR 1855
Item 1

 
court-imposed deferment requirement, the attorney for the State may
move the court to terminate the remainder of the period of
deferment and impose sentence. Following notice and hearing, if
the court finds by a preponderance of the evidence that the person
has inexcusably failed to comply with a court-imposed deferment
requirement, the court may continue the running of the period of
deferment with the requirements unchanged, modify the requirements,
add further requirements or terminate the running of the period of
deferment and impose a sentencing alternative authorized for the
crime to which the person pled guilty. When a person fails to pay
the administrative supervision fee as required under section 1348-
A, subsection 1, the court may terminate the running of the period
of deferment and impose sentence unless the person shows that
failure to pay was not attributable to a willful refusal to pay or
to a failure on that person's part to make a good faith effort to
obtain the funds required for the payment. If the court finds that
the person has not inexcusably failed to comply with a court-
imposed deferment requirement, the court may order that the running
of the period of deferment continue or, after notice and hearing,
take any other action permitted under this chapter.

 
Sec. 3. 17-A MRSA §1349-C, sub-§1, as enacted by PL 2003, c. 711, Pt.
A, §19, is amended to read:

 
1. If the court imposes a suspended sentence with
administrative release under section 1349-B, the court shall
attach requirements of administrative release, as authorized by
this section, as the court determines to be reasonable and
appropriate to help ensure accountability and rehabilitation of
the person. The court-imposed requirements of administrative
release must include a requirement that the convicted person
refrain from criminal conduct and may include a requirement that
the person pay to the appropriate county an administrative
supervision fee of not more than $50 per month, as determined by
the court, for the term of the administrative release. In
determining the amount of the fee, the court shall take into
account the financial resources of the person and the nature of
the burden its payment imposes.__When a person fails to pay the
administrative supervision fee, the court may revoke
administrative release as provided in sections 1349-D and 1349-E
unless the person shows that failure to pay was not attributable
to a willful refusal to pay or to a failure on that person's part
to make a good faith effort to obtain the funds required for the
payment.


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