CHAPTER 288

H.P. 939 - L.D. 1356

An Act To Amend the Maine Criminal Code Regarding Deferred

Disposition and Administrative Release

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §1348-A, sub-§1, as enacted by PL 2003, c. 711, Pt. A, §19, is amended to read:

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 and may include a requirement that the person pay to the appropriate county an administrative supervision fee of not more than $50 per month, as determined by the court, for the term of the deferment. In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. 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.

Sec. 2. 17-A MRSA §1348-B, sub-§2, as enacted by PL 2003, c. 711, Pt. A, §19, is amended to read:

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