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defendant has previously been convicted and sentenced for | | committing gross sexual assault, rape or gross sexual | | misconduct against a victim who had not attained 12 years of | | age, the period of probation may be life or any term of years.__ | | In addition to any conditions imposed under section 1204, the | | court shall attach as a condition of probation that the | | convicted person participate in counseling or treatment to the | | satisfaction of the probation officer. |
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| | | Sec. B-17. 17-A MRSA §1203, sub-§1-A, ¶B, as enacted by PL 1999, c. 788, | | §4, is amended to read: |
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| | | B. The court may revoke probation if, during the initial | | unsuspended portion of the term of imprisonment, a person | sentenced as a dangerous | | pursuant to section 1252, subsection 4-B, refuses to | | actively participate in a sex offender treatment program in | | accordance with the expectations and judgment of the | | treatment providers, when requested to do so by the | | Department of Corrections. |
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| | | Sec. B-18. 17-A MRSA §1231, sub-§2, ¶A, as enacted by PL 1999, c. 788, | | §7, is amended to read: |
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| | | A. Any period of years for a person sentenced as a | dangerous | | 1252, subsection 4-B; and |
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| | | Sec. B-19. 17-A MRSA §1252, sub-§4-B, as enacted by PL 1999, c. 788, | | §8, is amended to read: |
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| | | 4-B. If the State pleads and proves that the defendant is a | dangerous | | notwithstanding subsection 2, may set a definite period of | | imprisonment for any term of years. |
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| | A. As used in this section, "dangerous | | assault offender" means a person who commits a new gross | | sexual assault after having been convicted previously and | | sentenced for any of the following: |
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| | | (1) Gross sexual assault, formerly denominated as | | gross sexual misconduct; |
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| | | (3) Attempted murder accompanied by sexual assault; |
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| | | (4) Murder accompanied by sexual assault; or |
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