An Act To Implement the Recommendations of the Criminal Law Advisory Commission Relative to the Maine Criminal Code and Related Statutes
Sec. 1. 15 MRSA §101-D, sub-§5, ¶A, as enacted by PL 2009, c. 268, §3, is amended to read:
Sec. 2. 15 MRSA §101-D, sub-§9, as enacted by PL 2009, c. 268, §3, is amended to read:
Sec. 3. 15 MRSA §3103, sub-§1, ¶B, as corrected by RR 2009, c. 2, §34, is amended to read:
(1) The possession of a useable amount of marijuana, as provided in Title 22, section 2383, unless the juvenile is authorized to possess marijuana for medical use pursuant to Title 22, chapter 558-C;
(2) The use or possession of drug paraphernalia as provided in Title 17-A, section 1111-A, subsection 4, paragraphs A and B 4-B; and
(3) Illegal transportation of drugs by a minor as provided in Title 22, section 2389, subsection 2;
Sec. 4. 17-A MRSA §15, sub-§1, ¶A, as amended by PL 2009, c. 142, §3, is further amended to read:
(1) Murder;
(2) Any Class A, Class B or Class C crime;
(3) Assault while hunting;
(4) Any offense defined in chapter 45;
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19-A, section 4002, subsection 4;
(5-B) Domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct;
(6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(9) A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer;
(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;
(11) Theft involving a detention under Title 17, section 3521;
(12) Harassment, as set forth in section 506-A;
(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, subsection 3; and Title 19-A, section 4012, subsection 5;
(14) A violation of a sex offender registration provision under Title 34-A, chapter 15;
(15) A violation of a requirement of administrative release when requested by the attorney for the State;
(16) A violation of a condition of supervised release for sex offenders when requested by a probation officer;
(17) A violation of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State;
(18) A violation of a condition of release as provided in Title 15, section 3203-A, subsection 9;
(19) A violation of a condition of supervised community confinement granted pursuant to Title 34-A, section 3036-A when requested by a probation officer;
(20) A violation of a condition of placement on community reintegration status granted pursuant to Title 34-A, sections 3810 and 4112 when requested by a juvenile community corrections officer; or
(21) A violation of a condition of furlough or other rehabilitative program authorized under Title 34-A, section 3035 when requested by a probation officer or juvenile community corrections officer; and or
(22) A violation of a condition of release from a community confinement monitoring program pursuant to Title 30-A, section 1659-A; and
Sec. 5. 17-A MRSA §253, sub-§2, ¶I, as amended by PL 2001, c. 383, §16 and affected by §156, is further amended to read:
Sec. 6. 17-A MRSA §254, sub-§1, ¶D, as amended by PL 2003, c. 138, §2, is further amended to read:
Sec. 7. 17-A MRSA §254, sub-§1, ¶E, as amended by PL 2003, c. 138, §2, is further amended to read:
Sec. 8. 17-A MRSA §254, sub-§1, ¶F, as enacted by PL 2003, c. 138, §3, is repealed.
Sec. 9. 17-A MRSA §255-A, sub-§1, ¶F-2 is enacted to read:
Sec. 10. 17-A MRSA §255-A, sub-§1, ¶U, as enacted by PL 2005, c. 450, §2, is amended to read:
Sec. 11. 17-A MRSA §255-A, sub-§1, ¶V, as enacted by PL 2005, c. 450, §2, is amended to read:
Sec. 12. 17-A MRSA §260, sub-§1, ¶K, as enacted by PL 2005, c. 450, §5, is amended to read:
Sec. 13. 17-A MRSA §284, sub-§5, as amended by PL 2011, c. 50, §3, is further amended to read:
Sec. 14. 17-A MRSA §506, as amended by PL 1981, c. 317, §20, is further amended to read:
§ 506. Harassment by telephone or by electronic communication device
Sec. 15. 17-A MRSA §755, sub-§1-E is enacted to read:
A sentence imposed for a violation of this section is subject to the requirements of section 1256, subsection 1.
Sec. 16. 17-A MRSA §755, sub-§3-A, ¶F is enacted to read:
Sec. 17. 17-A MRSA §757, sub-§2, as amended by PL 2009, c. 608, §6, is further amended to read:
Sec. 18. 17-A MRSA §1055, as amended by PL 2011, c. 31, §1, is further amended to read:
§ 1055. Possession or distribution of dangerous knives
Sec. 19. 17-A MRSA §1107-A, sub-§4, as enacted by PL 2005, c. 252, §1, is amended to read:
Sec. 20. 17-A MRSA §1111-A, as amended by IB 2009, c. 1, §2 and corrected by RR 2009, c. 2, §39, is further amended to read:
§ 1111-A. Use of drug paraphernalia
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(11) Chillums;
(12) Bongs; or
(13) Ice pipes or chillers.
(1) At least 16 years of age. Violation of this subparagraph is a Class E crime; or
(2) Less than 16 years of age. Violation of this subparagraph is a Class D crime; or
This subsection does not apply to a person who is authorized to possess marijuana for medical use pursuant to Title 22, chapter 558-C to the extent the drug paraphernalia is required for that person's medical use of marijuana.
(1) At least 16 years of age. Violation of this subparagraph is a Class E crime; or
(2) Less than 16 years of age. Violation of this subparagraph is a Class D crime; or
Sec. 21. 17-A MRSA §1253, sub-§2, as amended by PL 2005, c. 507, §16, is further amended to read:
For the purpose of calculating the day-for-day deduction specified by this subsection, a "day" means 24 hours , except that for a person who commits a crime on or after October 15, 2011, who has previously been detained for the conduct for which the person is sentenced to a term of imprisonment of 96 hours or less, for the purposes of calculating the day-for-day deduction specified in this subsection, any portion of a day detained short of 24 hours will also be deducted from the total term of imprisonment required under that sentence.
The total term required under the sentence of imprisonment is reduced by the total deduction of this subsection prior to applying any of the other deductions specified in this section or in Title 30-A, section 1606.
The sheriff or other person upon whom the legal duty is imposed to deliver a sentenced person who has been detained as specified in this subsection shall, within 30 days of delivery, furnish to the custodian a statement showing the length of that detention. In addition, the transporter shall furnish to the attorney for the State the same statement. The custodian shall use the statement furnished to determine the day-for-day deduction to which the person is entitled, if any, unless, within 15 days of its receipt, the attorney for the State furnishes a revised statement to the custodian.
Credits under this paragraph must be calculated as follows for partial calendar months:
Days of partial month | Maximum credit available |
1 to 15 days | up to 1 |
16 to 31 days | up to 2 |
The sheriff or other person required to furnish a statement showing the length of detention shall also furnish a statement showing the number of days credited pursuant to this paragraph.
Detention awaiting trial, during trial, post-trial awaiting sentencing or post-sentencing prior to the date on which a sentence commences to run is not punishment.
Sec. 22. 17-A MRSA §1301, sub-§6, as enacted by PL 2005, c. 386, Pt. DD, §2, is amended to read:
Sec. 23. 17-A MRSA §1326-A, as amended by PL 2009, c. 608, §12, is further amended to read:
§ 1326-A. Time and method of restitution
When restitution is authorized, and the offender is not committed to the Department of Corrections and does not receive a sentence that includes a period of probation, the time and method of payment or of the performance of the services must be specified by the court and monetary compensation may be ordered paid to the office of the prosecuting attorney who is prosecuting the case or to the clerk of the court. If the offender is committed to the Department of Corrections or receives a sentence that includes a period of probation, monetary compensation must be paid to the Department of Corrections and the time and method of payment must be determined by the Department of Corrections during the term of commitment or the period of probation unless at the time of sentencing the court has specified the time and method of payment. Once any term of commitment to the Department of Corrections or period of probation is completed and if the restitution ordered has not been paid in full, the offender is subject to the provisions of section 1326-F and, in the event of a default, the provisions of section 1329. The state agency receiving the restitution shall deposit any money received in the account maintained by the Treasurer of State for deposit of state agency funds, from which funds are daily transferred to an investment account and invested. Interest accrued on that money is the property of and accrues to the State for deposit in the General Fund. The agency receiving the restitution shall make the disbursement to the victim or other authorized claimant as soon as possible after the agency receives the money.
Sec. 24. 17-A MRSA §1326-B, sub-§2, as enacted by PL 1999, c. 469, §1, is amended to read:
Sec. 25. 17-A MRSA §1326-F, as enacted by PL 2009, c. 608, §14, is amended to read:
§ 1326-F. Former Department of Corrections’ clients owing restitution
An offender is responsible for paying any restitution outstanding at the time the term of commitment to the Department of Corrections or period of probation is completed. An offender who has complied with the time and method of payment of monetary compensation determined by the Department of Corrections during the period of probation shall continue to make payments to the Department of Corrections in accordance with that payment schedule unless modified by the court pursuant to section 1328-A or 1329. An offender who has not complied with the time and method of payment of monetary compensation determined by the Department of Corrections during the period of probation must be returned to the court for further disposition pursuant to section 1329. An offender who is unconditionally released and discharged from institutional confinement with the Department of Corrections upon the expiration of the sentence must, upon application of the office of the attorney for the State, be returned to the court for specification by the court of the time and method of payment of monetary compensation, which may be ordered paid to the office of the attorney for the State who prosecuted the case or to the clerk of the court. Prior to the offender's release and discharge, the Department of Corrections shall provide the office of the attorney for the State who prosecuted the case written notice as to the amount of restitution outstanding. An income withholding order issued pursuant to section 1326-B remains effective and enforceable until the restitution is paid in full, even after an offender is no longer in the custody or under the supervision of the Department of Corrections.
Sec. 26. 17-A MRSA §1330, sub-§3, as enacted by PL 1997, c. 752, §30, is amended to read:
Sec. 27. 17-A MRSA §1346, as enacted by PL 1999, c. 24, §5, is amended to read:
§ 1346. Sentencing alternative of unconditional discharge
A convicted person who is either eligible for the imposition of a sentence alternative that includes a period of probation under section 1201, subsection 1 or is ineligible for the imposition of such a sentence alternative solely by operation of section 1201, subsection 1, paragraph A-1 and for whom a court determines that no other authorized sentencing alternative is appropriate punishment must be sentenced by the court to an unconditional discharge. A sentence of unconditional discharge is for all purposes a final judgment of conviction.
Sec. 28. 30-A MRSA §1659-A, sub-§5, as enacted by PL 2009, c. 391, §6, is repealed and the following enacted in its place:
Sec. 29. Appropriations and allocations. The following appropriations and allocations are made.
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
Maine Commission on Indigent Legal Services Z112
Initiative: Provides funds for an anticipated increase in indigent legal service costs.
GENERAL FUND | 2011-12 | 2012-13 |
All Other
|
$0 | $7,614 |
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GENERAL FUND TOTAL | $0 | $7,614 |
Sec. 30. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 17-A, section 506 takes effect July 1, 2012.