Other provisions of this section notwithstanding, when a person subject to an undischarged
term of imprisonment is convicted of a crime committed while in execution of any term
of imprisonment or of an attempt to commit a crime while in execution of any term
of imprisonment, the sentence is not concurrent with any undischarged term of imprisonment.
The court may order that any undischarged term of imprisonment be tolled and service
of the nonconcurrent sentence commence immediately and the court shall so order if
any undischarged term of imprisonment is a split sentence. No portion of the nonconcurrent
sentence may be suspended. All sentences that the convicted person receives as a
result of the crimes mentioned in this subsection must be nonconcurrent with all other
2005, c. 329, §4 (AMD)
Subsection 1 applies to prisoners on supervised community confinement pursuant to Title 34-A, section 3036-A.
2013, c. 133, §17 (AMD)
In all other cases, the court shall state in the sentence of imprisonment whether
a sentence shall be served concurrently with or consecutively to any other sentence
previously imposed or to another sentence imposed on the same date. The sentences
shall be concurrent unless, in considering the following factors, the court decides
to impose sentences consecutively:
A. That the convictions are for offenses based on different conduct or arising from
different criminal episodes; [1981, c. 324, §34 (NEW).]
B. That the defendant was under a previously imposed suspended or unsuspended sentence
and was on probation, under incarceration or on a release program at the time the
person committed a subsequent offense; [1983, c. 408, §4 (AMD).]
C. That the defendant had been released on bail when that person committed a subsequent
offense, either pending trial of a previously committed offense or pending the appeal
of previous conviction; or [1983, c. 408, §4 (AMD).]
D. That the seriousness of the criminal conduct involved in either a single criminal
episode or in multiple criminal episodes or the seriousness of the criminal record
of the convicted person, or both, require a sentence of imprisonment in excess of
the maximum available for the most serious offense. [1981, c. 324, §34 (NEW).]
1983, c. 408, §4 (AMD)
A defendant may not be sentenced to consecutive terms for crimes arising out of
the same criminal episode when:
A. One crime is an included crime of the other; [1981, c. 324, §34 (NEW).]
B. One crime consists only of a conspiracy, attempt, solicitation or other form of
preparation to commit, or facilitation of, the other; [1981, c. 324, §34 (NEW).]
C. The crimes differ only in that one is defined to prohibit a designated kind of conduct
generally, and the other to prohibit a specific instance of that conduct; or [1981, c. 324, §34 (NEW).]
D. Inconsistent findings of fact are required to establish the commission of the crimes. [1981, c. 324, §34 (NEW).]
1981, c. 324, §34 (NEW)
If the court decides to impose consecutive sentences, it shall state its reasons
for doing so on the record or in the sentences.
1981, c. 324, §34 (NEW)
If a person has been placed on probation pursuant to a previously imposed sentence
and the court determines that the previously imposed sentence and a new sentence shall
be served consecutively, the court shall revoke probation pursuant to section 1206,
subsections 7 and 7-A. The court may order that the sentence which had been suspended
to be served at the same institution as that which is specified by the new sentence.
1981, c. 324, §34 (NEW)
If it is discovered subsequent to the imposition of a sentence of imprisonment that
the sentencing court was unaware of a previously imposed sentence of imprisonment
which is not fully discharged, the court shall resentence the defendant and shall
specify whether the sentences are to be served concurrently or consecutively. The
court shall not resentence the defendant if the sentences are consecutive as a matter
1987, c. 361, §6 (AMD)
When a person who has been previously sentenced in another jurisdiction has not
commenced or completed that sentence, the court, subject to subsection 1, may, with
consideration of the factors stated in subsection 2, sentence the person to a term
of imprisonment which shall be treated as a concurrent sentence from the date of sentencing
although the person is incarcerated in an institution of the other jurisdiction.
No concurrent sentence pursuant to this subsection may be imposed unless the person
being sentenced consents or unless the person being sentenced executes, at the time
of sentencing, a written waiver of extradition for his return to this State, upon
completion of the sentence of the other jurisdiction, if any portion of this State's
sentence remains unserved. In the absence of an order pursuant to this subsection
requiring concurrent sentences, any sentence of imprisonment in this State shall commence
as provided in section 1253, subsection 1, and shall run consecutively to the sentence
of the other jurisdiction.
1985, c. 282, §7 (NEW)
No court may impose a sentence of imprisonment, not wholly suspended, to be served
consecutively to any split sentence, or to any sentence including supervised release
under chapter 50, previously imposed or imposed on the same date, if the net result,
even with the options made available by subsections 5 and 9 and section 1202, subsection
4, would be to have the person released from physical confinement to be on probation
or supervised release for the first sentence and thereafter be required to serve an
unsuspended term of imprisonment on the 2nd sentence.
1999, c. 788, §9 (AMD)
Any justice imposing a sentence of imprisonment to be served consecutively to any
other previously imposed sentence that the person has not yet commenced, in order
to comply with subsection 8, may rearrange the order in which the sentences are to
be served. Any judge may also do so if that judge has jurisdiction over each of the
1989, c. 739, §2 (NEW)
1981, c. 324, §34 (NEW).
1983, c. 408, §§3,4 (AMD).
1985, c. 282, §7 (AMD).
1985, c. 821, §14 (AMD).
1987, c. 361, §6 (AMD).
1989, c. 739, §2 (AMD).
1993, c. 522, §1 (AMD).
1999, c. 458, §1 (AMD).
1999, c. 788, §9 (AMD).
2005, c. 329, §4 (AMD).
2009, c. 142, §8 (AMD).
2013, c. 133, §17 (AMD).
Data for this page extracted on 12/03/2013 11:53:37.
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