CHAPTER 232
H.P. 633 - L.D. 856
An Act To Change Mandatory Minimum Sentences in Certain Cases
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1252, sub-§5-A, ¶B, as amended by PL 2001, c. 383, §151 and affected by §156, is further amended to read:
B. The court may impose a sentence other than a minimum unsuspended term of imprisonment set forth in paragraph A, if:
(1) The court finds by substantial evidence that:
(a) Imposition of a minimum unsuspended term of imprisonment under paragraph A will result in substantial injustice to the defendant. In making this determination, the court shall consider, among other considerations, whether the defendant did not know and reasonably should not have known that the victim was less than 18 years of age;
(b) Failure to impose a minimum unsuspended term of imprisonment under paragraph A will not have an adverse effect on public safety; and
(c) Failure to impose a minimum unsuspended term of imprisonment under paragraph A will not appreciably impair the effect of paragraph A in deterring others from violating section 1105-A, 1105-B, 1105-C or 1105-D; and
(2) The court finds that:
(a) The defendant has no prior criminal history; and
(b) The defendant is an appropriate candidate for an intensive supervision program, but would be ineligible to participate under a sentence imposed under paragraph A; or
(c) The defendant's background, attitude and prospects for rehabilitation and the nature of the victim and the offense indicate that imposition of a sentence under paragraph A would frustrate the general purposes of sentencing set forth in section 1151.
If the court imposes a sentence under this paragraph, the court shall state in writing its reasons for its findings and for imposing a sentence under this paragraph rather than under paragraph A; and
Effective September 13, 2003, unless otherwise indicated.
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