| | |
court may revoke probation as specified in section 1206, unless the | | person shows that failure to pay was not attributable to a willful | | refusal to pay or to a failure on that person's part to make a good | | faith effort to obtain the funds required for the payment. The | | court, if it determines that revocation of probation is not | | warranted, shall issue a judgment for the total amount of the fees | | and shall issue an order attaching a specified portion of money | | received by or owed to the person on probation until the total | | amount of the fees has been paid. If the person makes this | | showing, the court may allow additional time for payment within the | | remaining period of probation or reduce the size of the fees, but | | may not revoke the requirement to pay the fees unless the remaining | | period of probation is 30 days or less. Fees received from | probationers must be deposited into the department's Correctional | Program Improvement Fund | | except that when authorized by the Department of Corrections, a | | person on probation may be required to pay fees directly to a | | provider of electronic monitoring, substance testing or other | | services. Funds from this account, which may not lapse, must be | | used to defray costs associated with the purchase and operation of | | electronic monitoring and substance testing programs. |
|
| | | Sec. A-5. 17-A MRSA §1253, sub-§2, as amended by PL 2003, c. 205, §6, | | is further amended to read: |
|
| | | 2. Each person sentenced to imprisonment who has previously | | been detained for the conduct for which the sentence is imposed | | in any state facility or county institution or facility or in any | | local lockup awaiting trial, during trial, post-trial awaiting | | sentencing or post-sentencing prior to the date on which the | | sentence commenced to run either to await transportation to the | | place of imprisonment specified, or pursuant to court order, and | | not in execution of any other sentence of confinement, is | | entitled to receive a day-for-day deduction from the total term | | of imprisonment required under that sentence. Each person is | | entitled to receive the same deduction for any such period of | | detention in any federal, state or county institution, local | | lockup or similar facility in another jurisdiction, including any | | detention resulting from being a fugitive from justice, as | | defined by Title 15, section 201, subsection 4, unless the person | | is simultaneously being detained for non-Maine conduct. |
|
| | | For the purpose of calculating the day-for-day deduction | | specified by this subsection, a "day" means 24 hours. |
|
| | | 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. |
|
|
