Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT
§103-A. Commitment affected by certain sentences
1.Interruption of commitment.
When a person while in the custody of the Commissioner of Health and Human Services
pursuant to a commitment order under section 103 is found by a court to be in violation
of the person's conditional release for a Maine conviction and new institutional confinement
is ordered, or a person commits a Maine crime for which the person is subsequently
convicted and the sentence imposed includes a straight term of imprisonment or a split
sentence, the person must be placed in execution of that punishment, and custody pursuant
to the commitment order under section 103 must automatically be interrupted thereby.
In the event execution of that punishment is stayed pending appeal, the commitment
under section 103 continues for the stay's duration. The person must be returned
to the custody of the Commissioner of Health and Human Services pursuant to the commitment
order under section 103 when the new institutional confinement ordered or the straight
term of imprisonment or the unsuspended portion of the split sentence imposed has
been fully served.
2007, c. 475, §3 (NEW)
2.Commencement of commitment.
When a person subject to an undischarged straight term of imprisonment or to an unsuspended
portion of a split sentence for a Maine conviction is, for a different Maine offense,
found not criminally responsible by reason of insanity or is the recipient of a negotiated
insanity plea, the person must first serve the undischarged term of imprisonment or
the unsuspended portion of the split sentence before commencing the commitment to
the custody of the Commissioner of Health and Human Services ordered by the court
pursuant to section 103 unless the court orders otherwise.
2013, c. 265, §4 (NEW)
2007, c. 475, §3 (NEW).
2013, c. 265, §4 (AMD).
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