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and for Class D and Class E crimes, for a period not to exceed one | | year. |
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| | | Sec. 25. 17-A MRSA §1202, sub-§2-A is enacted to read: |
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| | | 2-A.__On application of the probation officer, or of the | | person on probation, or on the court's own motion, the court may | | convert 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. |
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| | | Sec. 26. 17-A MRSA §1252, sub-§9 is enacted to read: |
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| | | 9.__Whenever a mandatory minimum fine or period of | | imprisonment is required by law, the mandatory minimum sentence | | may be suspended if imposition of the mandatory minimum sentence | | would create substantial injustice and if the deviation from the | | mandatory minimum sentence neither diminishes the gravity of the | | offense nor adversely affects the safety of the public and would | | not frustrate the general purposes of sentencing set forth in | | section 1151.__In deviating from the mandatory minimum sentence, | | the court shall consider all relevant factors, including: |
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| | | A.__The nature of the criminal act; |
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| | | B. The defendant's prior record; |
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| | | C.__The recommendations of the victim or the victim's family | | and the prosecuting attorney; |
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| | | D.__The defendant's prospects for rehabilitation, credible | | demonstration of remorse and comprehension of the | | consequences of the defendant's actions; and |
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| | | E.__The age, background and physical and mental condition of | | the defendant, the defendant's family circumstances, and | | whether the criminal act was an isolated aberration in the | | life of the defendant. |
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| | | Sec. 27. 17-A MRSA §1253, sub-§2, ķA is enacted to read: |
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| | | 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 |
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