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account the financial resources of the convicted person and the | | nature of the burden its payment imposes. A person may not be | | sentenced to imprisonment without probation solely for the reason | | the person is not able to pay the fee. When a person on probation | | fails to pay the supervision fee, the 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 fee 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 fee 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 fee to as low as $10 per month, | | but may not revoke the requirement to pay the fee unless the | | remaining period of probation is 30 days or less. |
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| | | Sec. 3. 17-A MRSA §1323, sub-§1, as amended by PL 1983, c. 793, §1, is | | further amended to read: |
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| | | 1. Inquiry as to victim's financial loss. The court shall, | whenever practicable, inquire of a prosecutor, police | | enforcement officer or victim with respect to the extent of the | victim's financial loss, and shall order restitution where | | appropriate. The order for restitution shall designate the amount | | of restitution to be paid and the person or persons to whom the | | restitution will be paid. |
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| | | Sec. 4. 17-A MRSA §1326-E is enacted to read: |
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| | | §1326-E.__Joint and several order |
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| | | If the victim's financial loss has been caused by more than | | one offender, the order must designate that the restitution is to | | be paid on a joint and several basis, unless the court | | specifically determines that one defendant should not equally | | share the burden.__The agency collecting restitution pursuant to | | a joint and several order may, after the full amount of | | restitution has been collected and disbursed to the victim, | | continue to collect payments from an offender who has not paid an | | equal share of the restitution and may disburse the money | | collected to any other offender who has paid more than an equal | | share of the restitution. |
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| | | Sec. 5. 34-A MRSA §5404, sub-§2, śC, as amended by PL 1995, c. 502, Pt. | | F, §37, is further amended to read: |
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| | | C. If the officer has probable cause to believe that a |
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