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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 50. SUPERVISED RELEASE FOR SEX OFFENDERS (HEADING. PL 1999, c. 788, @7 (new))
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Title 17-A - §1231. Inclusion of period of supervised release after imprisonment
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 50: SUPERVISED RELEASE FOR SEX OFFENDERS (HEADING: PL 1999, c. 788, @7 (new))
§1231. Inclusion of period of supervised release after imprisonment
1. The court, in imposing a sentence of a term of imprisonment that does not include probation for a violation of section 253,
may include as part of the sentence a requirement that the defendant be placed on a period of supervised release after imprisonment.
The period of supervised release commences on the date the person is released from confinement pursuant to section 1254.
[1999, c. 788, §7 (new).]
2. The authorized period of supervised release is:
A. Any period of years for a person sentenced as a repeat sexual assault offender pursuant to section 1252, subsection 4-B;
and
[2003, c. 711, Pt. B, §18 (amd).]
B. For a person not sentenced under section 1252, subsection 4-B, a period not to exceed 10 years for a Class A violation of
section 253 and a period not to exceed 6 years for a Class B or Class C violation of section 253.
[1999, c. 788, §7 (new).]
[2003, c. 711, Pt. B, §18 (amd).]
3. During the period of supervised release specified in the sentence made pursuant to subsections 1 and 2, and upon application
of a person on supervised release or the person's probation officer, or upon its own motion, the court may, after a hearing
upon notice to the probation officer and the person on supervised release, modify the requirements imposed by the court, add
further requirements authorized by section 1232, or relieve the person on supervised release of any requirement imposed by
the court that, in its opinion, imposes on the person an unreasonable burden.
Notwithstanding this subsection, the court may grant, ex parte, a motion brought by the probation officer to add further requirements
if the requirements are immediately necessary to protect the safety of an individual or the public and if all reasonable efforts
have been made to give written or oral notice to the person on supervised release. Any requirements added pursuant to an
ex parte motion do not take effect until written notice of the requirements, along with written notice of the scheduled date,
time and place when the court will hold a hearing on the added requirements, is given to the person on supervised release.
[1999, c. 788, §7 (new).]
4. On application of the probation officer, or of the person on supervised release, or on its own motion, and if warranted
by the conduct of the person, the court may terminate a period of supervised release and discharge the convicted person at
any time earlier than that provided in the sentence made pursuant to subsections 1 and 2. A termination and discharge may
not be ordered upon the motion of the person on supervised release unless notice of the motion is given to the probation officer
by the person on supervised release. A termination and discharge relieves the person on supervised release of any obligations
imposed by the sentence of supervised release.
[1999, c. 788, §7 (new).]
5. Any justice, in order to comply with section 1256, subsection 8, may terminate a period of supervised release that would
delay commencement of a consecutive unsuspended term of imprisonment. Any judge may also do so if that judge has jurisdiction
over each of the sentences involved.
[1999, c. 788, §7 (new).]
6. The court may revoke a period of supervised release pursuant to section 1233. If the court revokes a period of supervised
release, the court may require the person to serve time in prison under the custody of the Department of Corrections. This
time in prison may equal all or part of the period of supervised release, without credit for time served on post-release supervision,
but may not exceed 13 of the straight term of imprisonment imposed. The remaining portion of the period of supervised release
that is not required to be served in prison remains in effect to be served after the person's release and is subject to revocation
at a later date.
[2003, c. 205, §5 (amd).]
Section History:
PL 1999,
Ch. 788,
§7
(NEW).
PL 2003,
Ch. 205,
§5
(AMD).
PL 2003,
Ch. 711,
§B18
(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 - §1232. Conditions of supervised release
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 50: SUPERVISED RELEASE FOR SEX OFFENDERS (HEADING: PL 1999, c. 788, @7 (new))
§1232. Conditions of supervised release
If the court imposes a sentence that includes a period of supervised release, it shall set conditions of supervised release.
The conditions of release that apply to probation under section 1204 apply to conditions of supervised release. The court
may also set conditions of supervised release that it determines to be reasonable and appropriate to manage the person's behavior.
[1999, c. 788, §7 (new).]
Section History:
PL 1999,
Ch. 788,
§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 - §1233. Revocation procedures
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 50: SUPERVISED RELEASE FOR SEX OFFENDERS (HEADING: PL 1999, c. 788, @7 (new))
§1233. Revocation procedures
The procedures, rights and responsibilities that apply to probation revocation under sections 1205 to 1208, including bail
under section 1205-C, subsections 5 and 6 and appellate review of revocation under section 1207, apply to revocation of supervised
release.
[2005, c. 207, §3 (amd).]
Section History:
PL 1999,
Ch. 788,
§7
(NEW).
PL 2005,
Ch. 207,
§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 04333-0007
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