Sec. A-1. 4 MRSA §422, sub-§1, as enacted by PL 1999, c. 780, §1, is repealed and the following enacted in its place:
1. Coordinator of Diversion and Rehabilitation Programs. The judicial branch shall employ a Coordinator of Diversion and Rehabilitation Programs. The Coordinator of Diversion and Rehabilitation Programs is responsible for helping the judicial branch establish, staff, coordinate, operate and evaluate diversion and rehabilitation programs in the courts.
Sec. A-2. 4 MRSA §422, sub-§2, as enacted by PL 1999, c. 780, §1 and amended by PL 2001, c. 354, §3, is further amended to read:
2. Pass-through services. The Administrative Office of the Courts, with the assistance of the Drug Court Coordinator of Diversion and Rehabilitation Programs, may enter into cooperative agreements or contracts with:
A. The Department of Behavioral and Developmental Services, Office of Substance Abuse or other federal-licensed treatment providers or state-licensed treatment providers to provide substance abuse services for alcohol and drug treatment program participants. To the extent possible, the alcohol and drug treatment programs must access existing substance abuse treatment resources for alcohol and drug treatment program participants;
B. The Department of Corrections, Division of Community Corrections or other appropriate or-ganizations to provide for supervision of alcohol and drug treatment program participants;
C. The Department of Corrections or other appropriate organizations to provide for drug testing of alcohol and drug treatment program participants;
D. Appropriate organizations to provide for a drug court manager at each alcohol and drug treatment program location; and
E. Appropriate organizations and agencies for training of alcohol and drug treatment program staff and for evaluation of alcohol and drug treatment program operations.;
F. Appropriate local, county and state governmental entities and other appropriate organizations and agencies to encourage the development of diversion and rehabilitation programs; and
G. Appropriate organizations and agencies for the provision of medical, educational, vocational, social and psychological services, training, counseling, residential care and other rehabilitative services designed to create, improve or coordinate diversion or rehabilitation programs.
Sec. A-3. 15 MRSA §1004, as amended by PL 1999, c. 788, §1, is further amended to read:
§1004. Applicability and exclusions
This chapter applies to the setting of bail for a defendant in a criminal proceeding, including the setting of bail for an alleged contemnor in a plenary contempt proceeding involving a punitive sanction under the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66. It does not apply to the setting of bail in extradition proceedings under sections 201 to 229 or post-conviction review proceedings under sections 2121 to 2132, probation revocation proceedings under Title 17-A, sections 1205 to 1207 or, supervised release revocation proceedings under Title 17-A, section 1233 or administrative release revocation proceedings under Title 17-A, sections 1349 to 1349-F, except to the extent and under the conditions stated in those sections. This chapter applies to the setting of bail for an alleged contemnor in a summary contempt proceeding involving a punitive sanction under the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66 and to the setting of bail relative to a material witness only as specified in sections 1103 and 1104, respectively.
Sec. A-4. 17-A MRSA §405, as enacted by PL 1989, c. 263, is repealed and the following enacted in its place:
§405. Burglary of motor vehicle
1. A person is guilty of burglary of a motor vehicle if:
A. The person enters a motor vehicle, knowing that the person is not licensed or privileged to do so, with the intent to commit a crime therein. Violation of this paragraph is a Class D crime; or
B. The person violates paragraph A, and the person forcibly enters a motor vehicle that is locked. Violation of this paragraph is a Class C crime.
2-A. As used in subsection 1, "forcibly" means with the use of a burglar's tool or by the use of physical force that damages or destroys the motor vehicle. "Burglar's tool" means any device described in section 403, subsection 1, paragraph A.
Sec. A-5. 17-A MRSA §755, sub-§1-A, ¶A, as enacted by PL 2001, c. 383, §91 and affected by §156, is amended to read:
A. Fails to appear for work, for school or for a meeting with the person's Intensive Supervision Program officer or otherwise intentionally violates Violates a curfew, time or travel restriction. Violation of this paragraph is a Class C crime; or
Sec. A-6. 17-A MRSA §755, sub-§1-B, ¶A, as enacted by PL 2001, c. 383, §92 and affected by §156, is amended to read:
A. Fails to appear for work, for school or for a meeting with that person's supervising officer or intentionally fails Fails to return to the correctional facility from which transfer was made upon the direction of the Commissioner of Corrections or otherwise intentionally violates a curfew, residence, time or travel restriction. Violation of this paragraph is a Class C crime; or
Sec. A-7. 17-A MRSA §1152, sub-§2, ¶H, as amended by PL 1995, c. 136, §2, is further amended to read:
H. A county jail reimbursement fee as authorized by chapter 54-B; or
Sec. A-8. 17-A MRSA §1152, sub-§2, ¶I, as enacted by PL 1995, c. 136, §3, is amended to read:
I. A specified number of hours of community service work as authorized by chapter 54-C.;
Sec. A-9. 17-A MRSA §1152, sub-§2, ¶¶J to L are enacted to read:
J. Deferred disposition as authorized by chapter 54-F;
K. A fine, suspended in whole or in part, with, at the court's discretion, administrative release as authorized by chapter 54-G; or
L. A suspended term of imprisonment with administrative release as authorized by chapter 54-G.
Sec. A-10. 17-A MRSA §1201, sub-§1, ¶¶A-1 and A-2 are enacted to read:
A-1. The conviction is for a Class D or Class E crime other than any Class D crime committed against a family or household member under chapter 9 or 13 or section 506-B, 554, 555 or 758; any Class D or Class E crime in chapter 11 or 12; a Class D or Class E crime under section 556, 854, excluding subsection 1, paragraph A, subparagraph (1), or 855; and the Class D or Class E crime under Title 29-A, section 2411, subsection 1-A, paragraph B. As used in this paragraph, "family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4;
A-2. The court sentences the person to a sentencing alternative under section 1152 that includes a period of administrative release;
Sec. A-11. 17-A MRSA §1202, sub-§1, as repealed and replaced by PL 1985, c. 821, §5, is amended to read:
1. A person convicted of a Class A crime may be placed on probation for a period not to exceed 6 4 years; for a Class B or Class C crime, for a period of probation not to exceed 4 3 years; and for a Class C crime, for a period of probation not to exceed 2 years; and for Class D and Class E crimes, for a period not to exceed one year.
Sec. A-12. 17-A MRSA §1202, sub-§1-A, ¶A-1 is enacted to read:
A-1. If the State pleads and proves that the person was convicted of committing against a family or household member a crime under chapter 9 or 13 or section 554 or if the person was convicted under chapter 11 or 12 or section 556, the period of probation may not exceed:
(1) Six years for a Class A crime; or
(2) Four years for a Class B or Class C crime.
As used in this paragraph, "family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4; and
Sec. A-13. 17-A MRSA §1202, sub-§2-A is enacted to read:
2-A. Once the period of probation has commenced, on application of the probation officer, or of the person on probation, or on the court's own motion, the court may convert at any time a period of probation for a Class D or Class E crime to a period of administrative release. A conversion to administrative release may not be ordered upon the motion of the person on probation unless notice of the motion is given to the probation officer by the person on probation. The provisions of chapter 54-G apply when probation is converted to administrative release. Conversion to administrative release serves to relieve the person on probation of any obligations imposed by the probation conditions.
Sec. A-14. 17-A MRSA §1202, sub-§3, as amended by PL 1991, c. 258, is further amended to read:
3. On Once the period of probation has commenced, on application of the probation officer, or of the person on probation, or on its own motion, the court may terminate at any time a period of probation and discharge the convicted person at any time earlier than that provided in the sentence made pursuant to subsection 1, if warranted by the conduct of such person. A termination and discharge may not be ordered upon the motion of the person on probation unless notice of the motion is given to the probation officer by the person on probation. Such termination and discharge shall serve serves to relieve the person on probation of any obligations imposed by the sentence of probation.
Sec. A-15. 17-A MRSA §1253, sub-§2, ¶A is enacted to read:
A. For any person who commits a crime on or after August 1, 2004, is subsequently sentenced to a term of imprisonment for that crime and is entitled to receive a day-for-day deduction pursuant to this subsection, up to 2 additional days per calendar month may be credited to that deduction if the person's conduct during that period of detention was such that the credit is determined to be warranted in the discretion of the chief administrative officer of the facility in which the person has previously been detained.
Credits under this paragraph must be calculated as follows for partial calendar months:
Days of partial month |
Maximum credit |
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. A-16. 17-A MRSA §1253, sub-§6-A, as amended by PL 1995, c. 433, §2, is further amended to read:
6-A. When a judgment of conviction involving a term of imprisonment is vacated or a sentence involving a term of imprisonment is revised or reviewed and a new sentence involving a term of imprisonment is thereafter imposed upon the person for the same offense, day-for-day credit must be accorded on the new sentence both for each day the person served in execution of the initial sentence and for all previously earned deductions specified in subsections 4, 5 and, 8, 9 and 10 and Title 30-A, section 1606. Prior to the day-for-day credit being given on the new sentence, the new sentence must, after first having been reduced by any deductions specified in subsection 2 previously or subsequently received, have applied to it the controlling deduction specified in either subsection 3 or 3-B, if applicable.
Sec. A-17. 17-A MRSA §1253, sub-§7, as repealed and replaced by PL 1995, c. 433, §3, is amended to read:
7. Notwithstanding the fact that subsections 3, 3-B and 4 directly address only persons who are committed to the custody of the Department of Corrections, they apply also to persons who are committed to the custody of a sheriff. Subsection 5 does and subsection 10, paragraph B do not apply to persons who are committed to the custody of a sheriff.
Sec. A-18. 17-A MRSA §1253, sub-§§9 to 13 are enacted to read:
9. Time may be deducted from a term of imprisonment as a result of conduct in accordance with this subsection.
A. For a person who commits a crime, except for a crime set forth in subparagraphs (1) to (6), on or after August 1, 2004 and is subsequently sentenced to a term of imprisonment for that crime, up to 4 days per calendar month may be deducted from that term, calculated from the date of commencement of that term as specified under subsection 1, if that person's conduct during that month is such that the deduction is determined to be warranted in the discretion of the chief administrative officer of the state facility or the sheriff of the county jail. Deductions under this paragraph may not be applied to the sentence of a person who commits:
(1) Murder;
(2) A crime under chapter 11;
(3) A crime under section 556;
(4) A crime under section 854, excluding subsection 1, paragraph A, subparagraph (1);
(5) A crime under chapter 12; or
(6) A crime against a family or household member under chapter 9 or 13 or section 506-B, 554, 555 or 758.
Deductions under this paragraph must be calculated as follows for partial calendar months:
Days of partial month |
Maximum deduction |
1 to 7 days |
up to 1 |
8 to 15 days |
up to 2 |
16 to 23 days |
up to 3 |
24 to 31 days |
up to 4 |
B. Any portion of the time deducted from the sentence of any person pursuant to this subsection may be withdrawn by the chief administrative officer of the state facility for a disciplinary offense or for the violation of any law of the State in accordance with Title 34-A, section 3032 and the rules adopted under that section, or by the sheriff of the county jail in accordance with jail disciplinary procedures. Deductions may be withdrawn for months already served or yet to be served by the person up to and including the maximum authorized for that sentence.
C. The chief administrative officer of the state facility or the sheriff of the county jail may restore any portion of deductions that have been withdrawn under paragraph B if the person's later conduct is such that the restoration is determined to be warranted in the discretion of the chief administrative officer or the sheriff.
10. Time may be deducted from a term of imprisonment as a result of fulfillment of assigned responsibilities in accordance with this subsection.
A. In addition to the days of deduction provided for in subsection 9, paragraph A, for any person who commits a crime, except for a crime set forth in subparagraphs (1) to (6) on or after August 1, 2004 and is subsequently sentenced to a term of imprisonment for that crime, up to 3 days per calendar month may be deducted from that term, calculated from the date of commencement of that term as specified under subsection 1, if that person's fulfillment of responsibilities assigned in the person's transition plan for work, education or rehabilitation programs during that month is such that the deduction is determined to be warranted in the discretion of the chief administrative officer of the state facility or the sheriff of the county jail. Deductions under this paragraph may not be applied to the sentence of a person who commits:
(1) Murder;
(2) A crime under chapter 11;
(3) A crime under section 556;
(4) A crime under section 854, excluding subsection 1, paragraph A, subparagraph (1);
(5) A crime under chapter 12; or
(6) A crime against a family or household member under chapter 9 or 13 or section 506-B, 554, 555 or 758.
Deductions under this paragraph must be calculated as follows for partial calendar months:
Days of partial month |
Maximum deduction |
1 to 10 days |
up to 1 |
11 to 20 days |
up to 2 |
21 to 31 days |
up to 3 |
B. In addition to the days of deduction provided for in paragraph A, for any person who commits a crime, except for a crime set forth in subparagraphs (1) to (6), on or after August 1, 2004 and is subsequently sentenced to a term of imprisonment for that crime to a state facility, up to 2 days per calendar month may also be deducted from that term, calculated from the date of commencement of that term as specified under subsection 1, if that person's fulfillment of responsibilities assigned in the person's transition plan for community work, education or rehabilitation programs during that month is such that the deduction is determined to be warranted in the discretion of the chief administrative officer of the state facility. Deductions under this paragraph may not be applied to the sentence of a person who commits:
(1) Murder;
(2) A crime under chapter 11;
(3) A crime under section 556;
(4) A crime under section 854, excluding subsection 1, paragraph A, subparagraph (1);
(5) A crime under chapter 12; or
(6) A crime against a family or household member under chapter 9 or 13 or section 506-B, 554, 555 or 758.
Deductions under this paragraph must be calculated as follows for partial calendar months:
Days of partial month |
Maximum deduction |
1 to 15 days |
up to 1 |
16 to 31 days |
up to 2 |
C. Any portion of the time deducted from the sentence of any person pursuant to this subsection may be withdrawn by the chief administrative officer of the state facility for a disciplinary offense or for the violation of any law of the State in accordance with Title 34-A, section 3032 and the rules adopted under that section, or by the sheriff of the county jail in accordance with jail disciplinary procedures. Deductions may be withdrawn for months already served or yet to be served by the person up to and including the maximum authorized for that sentence.
D. The chief administrative officer of the state facility or the sheriff of the county jail may restore any portion of deductions that have been withdrawn under paragraph C if the person's later conduct and fulfillment of responsibilities assigned in the person's transition plan for work, education or rehabilitation programs are such that the restoration is determined to be warranted in the discretion of the chief administrative officer or the sheriff.
11. As used in this section, "family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4.
12. Subsections 9 and 10 supersede subsections 3, 3-B, 4, 5, 6 and 8 for a person who commits a crime other than murder and for a person who commits a crime under chapter 11 or 12; under section 556; under section 854, excluding subsection 1, paragraph A, subparagraph (1); or against a family or household member under chapter 9 or 13, section 506-B, 554, 555 or 758, on or after August 1, 2004.
13. If a court imposes a sentencing alternative pursuant to section 1152 that includes a term of imprisonment, in setting the appropriate length of that term, as well as an unsuspended portion of that term, if any, the court may not consider the potential impact of deductions under subsections 2, 3, 3-B, 4, 5, 8, 9 and 10 except in the context of a plea agreement in which both parties are recommending to the court a particular disposition under the Maine Rules of Criminal Procedure, Rule 11-A.
Sec. A-19. 17-A MRSA cc. 54-F and 54-G are enacted to read:
CHAPTER 54-F
DEFERRED DISPOSITION
§1348. Eligibility for deferred disposition
A person who has pled guilty to a Class C, Class D or Class E crime, except a crime expressly providing that one or more punishment alternatives it authorizes may not be suspended, and who consents to a deferred disposition in writing, is eligible for a deferred disposition.
1. Following the acceptance of a plea of guilty for a crime for which a person is eligible for a deferred disposition under section 1348, the court may order sentencing deferred to a date certain or determinable and impose requirements upon the person, to be in effect during the period of deferment, considered by the court to be reasonable and appropriate to assist the person to lead a law-abiding life. The court-imposed deferment requirements must include a requirement that the person refrain from criminal conduct. In exchange for the deferred sentencing, the person shall abide by the court-imposed deferment requirements. Unless the court orders otherwise, the requirements are immediately in effect.
2. During the period of deferment and upon application of the person granted deferred disposition pursuant to subsection 1 or of the attorney for the State or upon the court's own motion, the court may, after a hearing upon notice to the attorney for the State and the person, modify the requirements imposed by the court, add further requirements or relieve the person of any requirement imposed by the court that, in the court's opinion, imposes an unreasonable burden on the person.
§1348-B. Court hearing as to final disposition
1. Unless a court hearing is sooner held under subsection 2, at the conclusion of the period of deferment, after notice, a person who was granted deferred disposition pursuant to section 1348-A shall return to court for a hearing on final disposition. If the court finds that the person has complied with the court-imposed deferment requirements, the court shall impose a sentence of unconditional discharge under section 1346, unless the attorney for the State, prior to sentence imposition, moves the court to allow the person to withdraw the plea of guilty. Except over the objection of the defendant, the court shall grant the State's motion. Following the granting of the State's motion, the attorney for the State shall dismiss the pending charging instrument with prejudice. If the court finds that the person has inexcusably failed to comply with the court-imposed deferment requirements, the court shall impose a sentencing alternative authorized for the crime to which the person pled guilty.
2. If during the period of deferment the attorney for the State has probable cause to believe that a person who was granted deferred disposition pursuant to section 1348-A has violated a 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. 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.
3. A hearing under this section or section 1348-A must be held in the court that ordered the deferred disposition. The hearing need not be conducted by the justice or judge who originally ordered the deferred disposition.
4. The person at a hearing under this section or section 1348-A must be afforded the opportunity to confront and cross-examine witnesses against the person, to present evidence on that person's own behalf and to be represented by counsel. If the person who was granted deferred disposition pursuant to section 1348-A can not afford counsel, the court shall appoint counsel for the person. Assignment of counsel and withdrawal of counsel must be in accordance with the Maine Rules of Criminal Procedure.
5. A summons must be used to order a person who was granted deferred disposition pursuant to section 1348-A to appear for a hearing under this section. If the person can be located and served with a summons, the attorney for the State may not commence a hearing under this section by having the person arrested, except that a person who fails to appear as required may be arrested pursuant to a bench warrant or an order of arrest.
6. If a person who was granted deferred disposition pursuant to section 1348-A can not, with due diligence, be located, the attorney for the State shall file a written notice of this fact with the court that ordered the deferred disposition. If the hearing is for a final disposition at the conclusion of the period of deferment, and the person fails to appear at that hearing, the person may be arrested pursuant to a bench warrant or an order of arrest. If the hearing is to determine whether the person has inexcusably failed to comply with a court-imposed deferment requirement, the attorney for the State shall apply for a warrant of arrest in accordance with Rule 41 of the Maine Rules of Criminal Procedure.
§1348-C. Limited review by appeal
A person is precluded from seeking to attack the legality of a deferred disposition, including a final disposition, except that a person who has been determined by a court to have inexcusably failed to comply with a court-imposed deferment requirement and thereafter has been sentenced to an alternative authorized for the crime may appeal to the Law Court, but not as of right. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
CHAPTER 54-G
ADMINISTRATIVE RELEASE
§1349. Eligibility for sentence alternative that includes period of administrative release
A person who has been convicted of a Class D or Class E crime may be sentenced to a sentence alternative under section 1152 that includes a period of administrative release, unless:
A. The statute that the person is convicted of violating expressly provides that the fine and imprisonment penalties it authorizes may not be suspended, in which case the convicted person must be sentenced to the imprisonment and required to pay the fine authorized therein;
B. The court sentences the person to a sentencing alternative under section 1152 that includes a period of probation; or
C. The court finds that such a sentence would diminish the gravity of the crime for which that person was convicted.
§1349-A. Period of administrative release
1. A person who has been convicted of a Class D or Class E crime may be placed on administrative release for a period not to exceed one year.
2. During the period of administrative release and upon application of a person placed on administrative release or of the attorney for the State or upon the court's own motion, the court may, after a hearing upon notice to the attorney for the State and the person, modify the requirements imposed by the court, add further requirements or release the person of any requirement imposed by the court that, in the court's opinion, imposes on the person an unreasonable burden.
3. On application of the attorney for the State or of the person placed on administrative release or on the court's own motion, the court may terminate a period of administrative release and discharge the convicted person at any time earlier than that provided in the sentence made pursuant to subsection 1 if warranted by the conduct of such person. The court may not order a termination of the period of administrative release and discharge upon the motion of the person placed on administrative release unless notice of the motion is given to the attorney for the State by the person placed on administrative release. The termination of the period of administrative release and discharge relieves the person placed on administrative release of any obligations imposed by the sentence of administrative release.
4. A justice, in order to comply with section 1256, subsection 8, may terminate a period of administrative release that would delay commencement of a consecutive unsuspended term of imprisonment. A judge may terminate a period of administrative release that would delay commencement of a consecutive unsuspended term of imprisonment if that judge has jurisdiction over each of the sentences involved.
§1349-B. Suspended sentence with administrative release
1. The court may sentence a person to a term of imprisonment not to exceed the maximum term authorized for the Class D or Class E crime, suspend the entire term of imprisonment and accompany the suspension with a period of administrative release not to exceed the one year authorized under section 1349-A, subsection 1.
2. The court may sentence a person to a fine, not to exceed the maximum fine authorized for the Class D or Class E crime, suspend the fine in whole or in part and accompany the suspension with a period of administrative release not to exceed the one year authorized under section 1349-A, subsection 1.
3. A sentence imposed under subsection 1 or subsection 2 commences on the date the person goes into actual execution of the sentence.
§1349-C. Requirements of administrative release
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.
2. In addition to a requirement that the convicted person refrain from criminal conduct and a requirement that the convicted person pay all assessments, surcharges, fees and costs required by law, the court in its sentence may require the convicted person:
A. To pay any fine imposed by the court as part of the sentence;
B. To make any restitution to each victim of the crime imposed by the court;
C. To perform any community service work imposed by the court as part of the sentence; or
D. To satisfy any other requirement reasonably related to helping ensure the accountability and rehabilitation of the person.
3. The convicted person must be given an opportunity to address the court on the requirements that are proposed to be attached and must, after the sentencing, be given a written statement setting forth the specific requirements on which the person is being administratively released.
§1349-D. Commencement of administrative release revocation proceeding
1. If during the period of administrative release the attorney for the State has probable cause to believe that the person placed on administrative release has violated a requirement of administrative release, the attorney for the State may file a motion with the court seeking to revoke administrative release and cause a summons to be delivered to the person placed on administrative release ordering that person to appear for a court hearing on the alleged violation. The motion must set forth the facts underlying the alleged violation. The summons must be in the same form as a summons under section 1205-B, subsection 2 except that the summons must include the signature of a law enforcement officer other than a probation officer.
2. A person placed on administrative release appearing on a motion to revoke administrative release pursuant to a summons must be afforded an initial appearance as provided in section 1205-C, subsection 4.
3. If the person placed on administrative release fails to appear in court after having been served with a summons, the court may issue a warrant for the arrest of the person. After arrest of the person, the court shall afford the person a preliminary hearing as provided in section 1205, subsection 4, and, if retained in custody, section 1205-C, subsection 3 applies.
4. If the person placed on administrative release can be located and served a summons, the attorney for the State may not commence the administrative release proceeding by having the person arrested. However, if the person can not, with due diligence, be located, the attorney for the State shall file a written notice of this fact with the court and obtain a warrant of arrest under Rule 41 of the Maine Rules of Criminal Procedure. Unless sooner released, the court shall provide the person with an initial appearance on the revocation of administrative release within 14 days after arrest. A copy of the motion must be furnished to the person prior to or at the initial appearance. The initial appearance is as provided in section 1205-C, subsection 4. Bail is as provided in section 1205-C, subsections 5 and 6.
§1349-E. Court hearing on administrative release revocation
The hearing on a motion to revoke administrative release is as provided under section 1206, except that subsections 7-B and 9 do not apply.
Review of a revocation of administrative release pursuant to section 1349-E must be by appeal. The appeal is as provided under section 1207.
Sec. A-20. 34-A MRSA §1210-A, sub-§5, as enacted by PL 1997, c. 753, §2, is repealed and the following enacted in its place:
5. Community corrections program account. Each county treasurer shall place 20% of the funds received from the department pursuant to this section into a separate community corrections program account. A county may use funds placed in this account only for adult or juvenile community corrections as defined in subsection 1.
Before distributing to a county that county's entire distribution from the County Jail Prisoner Support and Community Corrections Fund, the department shall require that county to submit appropriate documentation verifying that the county expended 20% of its prior distribution for the purpose of community corrections as defined in subsection 1. If a county fails to submit appropriate documentation verifying that the county expended 20% of its prior distribution for the purpose of community corrections, the department shall distribute to that county only 80% of its distribution from the County Jail Prisoner Support and Community Corrections Fund. The department shall distribute the 20% not distributed to that county to all other counties that submit appropriate documentation verifying compliance with the 20% expenditure requirement for the purpose of community corrections. The department shall distribute these funds to those qualifying counties in an amount equal to each county's percent distribution pursuant to subsection 3.
Sec. A-21. 34-A MRSA §3036-A, sub-§2, ¶C, as enacted by PL 1991, c. 845, §4, is amended to read:
C. A Except as provided in paragraph C-1, a prisoner may not be transferred to supervised community confinement unless the prisoner has no more than one year remaining on the term of imprisonment or, in the case of a split sentence, on the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17-A, section 1253.
Sec. A-22. 34-A MRSA §3036-A, sub-§2, ¶C-1 is enacted to read:
C-1. If the commissioner determines that the average statewide probation case load is no more than 90 probationers to one probation officer, then a prisoner may be transferred to supervised community confinement if that prisoner has no more than 2 years remaining on the term of imprisonment or, in the case of a split sentence, on the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17-A, section 1253.
Sec. A-23. Addressing mental illness in prisons and jails. No later than July 1, 2004, the Department of Corrections and the Department of Behavioral and Developmental Services shall develop a joint plan of action to address mental illness in the criminal justice community. In developing the plan the departments shall invite the Maine Sheriffs' Association to participate. The plan will be delivered to the Commission to Improve the Sentencing, Supervision, Management and Incarceration of Prisoners. No later than January 1, 2005, the Department of Corrections and the Department of Behavioral and Developmental Services shall present the plan to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters.
Sec. A-24. Review of probation case load. No later than July 1, 2004, the Department of Corrections, Adult Community Services Division shall direct each probation officer to review that officer's own case load to identify and proceed with those cases appropriate for early termination. An application for early termination must include the reasons for recommending early termination. The victim and the prosecuting attorney must be notified of the filing of the application. Judges and prosecutors are urged to give deference to these applications. The department shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters by February 1, 2005 on the numbers of applications for early termination that were filed, the number of cases that were reviewed by the court and the number of cases terminated from July 1, 2004 to December 31, 2004.
Sec. A-25. Review and report regarding deferred disposition and administrative release. By February 1, 2005, the Office of Substance Abuse, within the Department of Behavioral and Developmental Services or a successor agency, and the Department of Public Safety, in consultation with the district attorneys, shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters regarding matters associated with the implementation of this Part. This report is preliminary and may be presented orally or in writing at a time scheduled by the committee and must be prepared within available existing resources. The Legislature requests that by September 30, 2005 the courts, in consultation with the district attorneys, report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters:
1. How often the sentencing alternatives of deferred disposition and administrative release were used and an assessment of the effectiveness of these alternatives in ensuring the accountability and rehabilitation of offenders, as well as any impact on recidivism rates;
2. The impact of the use of deferred disposition and administrative release on the resources of the courts;
3. The impact of the use of deferred disposition and administrative release on the resources of the district attorneys; and
4. Any recommendations regarding how to improve the procedures for imposing and enforcing the sentencing alternatives of deferred disposition and administrative release.
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