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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 47. GENERAL SENTENCING PROVISIONS
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Title 17-A - §1151. Purposes
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1151. Purposes
The general purposes of the provisions of this part are:
[1975, c. 499, § 1 (new).]
1. To prevent crime through the deterrent effect of sentences, the rehabilitation of convicted persons, and the restraint of
convicted persons when required in the interest of public safety;
[1975, c. 499, § 1 (new).]
2. To encourage restitution in all cases in which the victim can be compensated and other purposes of sentencing can be appropriately
served.
[1975, c. 499, § 1 (new).]
3. To minimize correctional experiences which serve to promote further criminality;
[1975, c. 499, § 1 (new).]
4. To give fair warning of the nature of the sentences that may be imposed on the conviction of a crime;
[1975, c. 499, § 1 (new).]
5. To eliminate inequalities in sentences that are unrelated to legitimate criminological goals;
[1975, c. 499, § 1 (new).]
6. To encourage differentiation among offenders with a view to a just individualization of sentences;
[1975, c. 499, § 1 (new).]
7. To promote the development of correctional programs which elicit the cooperation of convicted persons; and
[1975, c. 499, § 1 (new).]
8. To permit sentences that do not diminish the gravity of offenses, with reference to the factors, among others, of:
A. The age of the victim; and
[1995, c. 149, §1 (new).]
B. The selection by the defendant of the person against whom the crime was committed or of the property that was damaged or
otherwise affected by the crime because of the race, color, religion, sex, ancestry, national origin, physical or mental disability
or sexual orientation of that person or of the owner or occupant of that property.
[1995, c. 149, §1 (new).]
[1995, c. 149, §1 (amd).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1983,
Ch. 152,
§
(AMD).
PL 1983,
Ch. 480,
§B24
(AMD).
PL 1995,
Ch. 149,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1152. Authorized sentences
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1152. Authorized sentences
1. Every natural person and organization convicted of a crime shall be sentenced in accordance with the provisions of this
Part.
[1977, c. 510, §67-A (amd).]
2. Every natural person convicted of a crime shall be sentenced to one of the following:
A. Unconditional discharge as authorized by chapter 54-D;
[1999, c. 24, §1 (amd).]
B. A split sentence of imprisonment with probation as authorized by chapter 49;
[1985, c. 821, §3 (rpr).]
C. A fine, suspended in whole or in part, with, at the court's discretion, probation as authorized by chapter 49;
[1991, c. 288 (amd).]
D. A suspended term of imprisonment with probation as authorized by chapter 49;
[1985, c. 821, §3 (rpr).]
E. A split sentence of imprisonment, the initial unsuspended portion of which is served in whole or in part with intensive
supervision, followed by probation as authorized by chapter 52;
[1985, c. 821, §3 (new).]
F. A term of imprisonment as authorized by chapter 51;
[1989, c. 502, Pt. D, §11 (amd).]
G. A fine as authorized by chapter 53. Such a fine may be imposed in addition to the sentencing alternatives in paragraphs
B, D, E, F, H, I, L and M;
[2005, c. 265, §1 (amd).]
H. A county jail reimbursement fee as authorized by chapter 54-B;
[2003, c. 711, Pt. A, §7 (amd).]
I. A specified number of hours of community service work as authorized by chapter 54-C;
[2003, c. 711, Pt. A, §8 (amd).]
J. Deferred disposition as authorized by chapter 54-F;
[2003, c. 711, Pt. A, §9 (new).]
K. A fine, suspended in whole or in part, with, at the court's discretion, administrative release as authorized by chapter
54-G;
[2005, c. 265, §2 (amd).]
L. A suspended term of imprisonment with administrative release as authorized by chapter 54-G; or
[2005, c. 265, §2 (amd).]
M. A split sentence of imprisonment with administrative release as authorized by chapter 54-G.
[2005, c. 265, §3 (new).]
[2005, c. 265, §§1-3 (amd).]
2-A. Every natural person convicted of a crime may be required to make restitution as authorized by chapter 54. Subject to the
limitations of chapter 54, restitution may be imposed as a condition of probation or may be imposed in addition to any other
sentencing alternative included within subsection 2 with the exception of the alternative in subsection 2, paragraph A.
[1991, c. 824, Pt. A, §25 (amd).]
2-B. Except when specifically precluded, in choosing the appropriate punishment for every natural person convicted of a crime,
the court shall consider the desirability of imposing a sentencing alternative involving a fine either in conjunction with
or in lieu of imposing a sentencing alternative involving imprisonment.
[1993, c. 103, §2 (new).]
2-C. At the time the court imposes a sentence, the court shall order every natural person convicted of a sex offense or a sexually
violent offense as defined under Title 34-A, section 11203 to satisfy all requirements set forth in the Sex Offender Registration
and Notification Act of 1999.
[2003, c. 711, Pt. B, §13 (amd).]
3. Every organization convicted of a crime shall be sentenced to one of the following:
A. Unconditional discharge as authorized by chapter 49;
[1987, c. 157, §1 (rpr).]
B. A fine, suspended in whole or in part, with probation as authorized by chapter 49;
[1989, c. 502, Pt. D, §13 (amd).]
C. A fine as authorized by chapter 53. Such a fine may be imposed in addition to the sentencing alternative in paragraph D;
or
[1993, c. 103, §3 (amd).]
D. A sanction authorized by section 1153. This sanction may be imposed in addition to the sentencing alternatives in paragraphs
B and C.
[1987, c. 157, §1 (new).]
[1993, c. 103, §3 (amd).]
3-A. Every organization convicted of a crime may be required to make restitution as authorized by chapter 54. Subject to the
limitations of chapter 54, restitution may be imposed as a condition of probation or may be imposed in addition to any other
sentencing alternative included within subsection 3, with the exception of an unconditional discharge.
[1987, c. 157, §2 (new).]
4. The provisions of this chapter shall not deprive the court of any authority conferred by law to decree a forfeiture of property,
suspend or cancel a license, remove a person from office or impose any other civil penalty. An appropriate order exercising
such authority may be included as part of the judgment of conviction. Nor shall this chapter deprive the Department of Health
and Human Services of any authority to grant furloughs and work releases or to transfer persons from one facility to another.
[1981, c. 493, §101 (amd); 1995, c. 560, Pt. K, §82 (amd); §83 (aff); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§107,108
(AMD).
PL 1977,
Ch. 53,
§1,2
(AMD).
PL 1977,
Ch. 455,
§1
(AMD).
PL 1977,
Ch. 510,
§67-A
(AMD).
PL 1981,
Ch. 493,
§2
(AMD).
PL 1985,
Ch. 821,
§3,4
(AMD).
PL 1987,
Ch. 157,
§1,2
(AMD).
PL 1987,
Ch. 769,
§B3
(AMD).
PL 1989,
Ch. 502,
§D10-13
(AMD).
PL 1991,
Ch. 288,
§
(AMD).
PL 1991,
Ch. 824,
§A25
(AMD).
PL 1993,
Ch. 103,
§1-3
(AMD).
PL 1995,
Ch. 136,
§1-3
(AMD).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 1995,
Ch. 680,
§4
(AMD).
PL 1999,
Ch. 24,
§1
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2001,
Ch. 439,
§OOO2
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2003,
Ch. 711,
§A7-9,B13
(AMD).
PL 2005,
Ch. 265,
§1-3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1153. Sanctions for organizations
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1153. Sanctions for organizations
1. If an organization is convicted of a crime, the court may, in addition to or in lieu of imposing other authorized penalties,
sentence it to give appropriate publicity to the conviction by notice to the class or classes of persons or sector of the
public interested in or affected by the conviction, by advertising in designated areas or by designated media, or otherwise
as the court may direct. Failure to do so may be punishable as contempt of court.
[1975, c. 499, § 1 (new).]
2. If a director, trustee or managerial agent of an organization is convicted of a Class A or Class B crime committed in its
behalf, the court may include in the sentence an order disqualifying him from holding office in the same or other organizations
for a period not exceeding 5 years, if it finds the scope or nature of his illegal actions makes it dangerous or inadvisable
for such office to be entrusted to him.
[1975, c. 499, § 1 (new).]
3. Prior to the imposition of sentence, the court may direct the Attorney General, a district attorney, or any other attorney
specially designated by the court, to institute supplementary proceedings in the case in which the organization was convicted
of the crime to determine, collect and distribute damages to persons in the class which the statute was designed to protect
who suffered injuries by reason of the crime, if the court finds that the multiplicity of small claims or other circumstances
make restitution by individual suit impractical. Such supplementary proceedings shall be pursuant to rules adopted by the
Supreme Judicial Court for this purpose. The court in which proceedings authorized by this subsection are commenced may order
the State to make available to the attorney appointed to institute such proceedings all documents and investigative reports
as are in its possession or control and grand jury minutes as are relevant to the proceedings.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1154. Sentences in excess of one year deemed tentative (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1154. Sentences in excess of one year deemed tentative (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1981,
Ch. 324,
§28
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1155-A. Multiple fines (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1155-A. Multiple fines (REPEALED)
Section History:
PL 1979,
Ch. 512,
§36
(NEW).
PL 1981,
Ch. 324,
§30
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1155. Multiple sentences of imprisonment (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1155. Multiple sentences of imprisonment (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1979,
Ch. 512,
§35
(RPR).
PL 1981,
Ch. 324,
§29
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1156. Sentence for burglary (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1156. Sentence for burglary (REPEALED)
Section History:
PL 1975,
Ch. 740,
§108-A
(NEW).
PL 1979,
Ch. 512,
§37
(AMD).
PL 1981,
Ch. 324,
§31
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1157. Criminal history reports (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1157. Criminal history reports (REPEALED)
Section History:
PL 1977,
Ch. 384,
§5
(NEW).
PL 1977,
Ch. 696,
§171
(AMD).
PL 1981,
Ch. 324,
§32
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1158-A. Forfeiture of firearms
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1158-A. Forfeiture of firearms
1. As part of every sentence imposed, except as provided in subsection 2, a court shall order that a firearm must be forfeited
to the State if:
A. That firearm constitutes the basis for conviction under:
(1) Title 15, section 393;
(2) Section 1105-A, subsection 1, paragraph C-1;
(3) Section 1105-B, subsection 1, paragraph C;
(4) Section 1105-C, subsection 1, paragraph C-1; or
(5) Section 1105-D, subsection 1, paragraph B-1; or
[2003, c. 657, §7 (new).]
B. The State pleads and proves that the firearm is used by the defendant or an accomplice during the commission of any murder
or Class A, Class B or Class C crime or any Class D crime defined in chapter 9, 11 or 13.
[2003, c. 657, §7 (new).]
[2003, c. 657, §7 (new).]
2. Except as provided in subsection 3, a court may not order the forfeiture of a firearm otherwise qualifying for forfeiture
under subsection 1 if another person can satisfy the court by a preponderance of the evidence and prior to the imposition
of the defendant's sentence that:
A. Other than in the context of either subsection 1, paragraph A, subparagraph (1) or subsection 1, paragraph B relative to
murder or any other unlawful homicide crime in which the firearm used is a handgun, the other person, at the time of the commission
of the crime, had a right to possess the firearm to the exclusion of the defendant;
[2003, c. 657, §7 (new).]
B. In the context of subsection 1, paragraph A, subparagraph (1), the other person, at the time of the commission of the crime,
had a right to possess the firearm to the exclusion of the defendant; or
[2003, c. 657, §7 (new).]
C. In the context of subsection 1, paragraph B relating to murder or any other unlawful homicide crime in which the firearm
used is a handgun, the other person, at the time of the commission of the crime, was the rightful owner from whom the handgun
had been stolen and the other person was not a principal or accomplice in the commission of the crime.
[2003, c. 657, §7 (new).]
[2003, c. 657, §7 (new).]
3. If another person satisfies subsection 2, paragraph B, a court shall nonetheless order the forfeiture of a firearm otherwise
qualifying for forfeiture under subsection 1, paragraph A, subparagraph (1) if the State can satisfy the court by a preponderance
of the evidence both that the other person knew or should have known that the defendant was a prohibited person under Title
15, section 393 and that the other person intentionally, knowingly or recklessly allowed the defendant to possess or have
under the defendant's control the firearm.
[2003, c. 657, §7 (new).]
4. The Attorney General shall adopt rules governing the disposition to state, county and municipal agencies of firearms forfeited
under this section. A handgun not excepted under subsection 2, paragraph C must be destroyed by the State.
[2003, c. 657, §7 (new).]
5. As used in this section, "handgun" means a firearm, including a pistol or revolver, that has a short stock and is designed
to be held and fired by the use of a single hand.
[2003, c. 657, §7 (new).]
Section History:
PL 2003,
Ch. 657,
§7
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1158. Forfeiture of firearms (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1158. Forfeiture of firearms (REPEALED)
Section History:
PL 1989,
Ch. 382,
§
(NEW).
PL 1989,
Ch. 815,
§
(AMD).
PL 1995,
Ch. 252,
§1
(AMD).
PL 2001,
Ch. 348,
§3
(AMD).
PL 2001,
Ch. 383,
§149
(RPR).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 667,
§A37
(RPR).
PL 2001,
Ch. 667,
§A38
(AFF).
RR 2001,
Ch. 2,
§A26
(COR).
RR 2001,
Ch. 2,
§A27
(AFF).
PL 2003,
Ch. 143,
§7
(AMD).
PL 2003,
Ch. 657,
§6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1159. Recalcitrant witness in execution of sentence involving imprisonment
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 47: GENERAL SENTENCING PROVISIONS
§1159. Recalcitrant witness in execution of sentence involving imprisonment
In the event a witness in a grand jury or criminal proceeding has been ordered confined by a court of record in the State
as a remedial sanction for refusing to comply with an order of the court to testify or provide evidence, and that witness
is already in execution of an undischarged term of imprisonment on a sentence in the State, that court may order that the
undischarged term of imprisonment be tolled for the duration of the coercive imprisonment.
[2003, c. 143, §8 (new).]
Section History:
PL 2003,
Ch. 143,
§8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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