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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 53. FINES
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Title 17-A - §1301-A. Use of fine relative to natural persons
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 53: FINES
§1301-A. Use of fine relative to natural persons
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 imprisonment. A sentencing alternative involving imprisonment may not be imposed by a court solely for the
reason that the person does not have the present or future financial capacity to pay a fine.
[1999, c. 367, §2 (new).]
Section History:
PL 1999,
Ch. 367,
§2
(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 - §1301. Amounts authorized
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 53: FINES
§1301. Amounts authorized
1.
[1989, c. 872, §3 (rp).]
1-A. A natural person who has been convicted of a Class A, Class B, Class C, Class D or Class E crime may be sentenced to pay
a fine, unless the law that the person is convicted of violating expressly provides that the fine and imprisonment penalties
it authorizes may not be suspended, in which case the convicted person must be sentenced to the imprisonment and required
to pay the fine authorized in that law. Subject to these sentences and to section 1302, the fine may not exceed:
A. $50,000 for a Class A crime;
[1991, c. 355, §1 (amd).]
B. $20,000 for a Class B crime;
[1991, c. 355, §1 (amd).]
C. $5,000 for a Class C crime;
[1991, c. 355, §1 (amd).]
D. $2,000 for a Class D crime;
[1991, c. 355, §1 (amd).]
E. $1,000 for a Class E crime; and
[1991, c. 355, §1 (amd).]
F. Regardless of the classification of the crime, any higher amount that does not exceed twice the pecuniary gain derived from
the crime by the defendant.
[1989, c. 872, §4 (new).]
[1991, c. 355, §1 (amd).]
2. As used in this section, "pecuniary gain" means the amount of money or the value of property at the time of the commission
of the crime derived by the defendant from the commission of the crime, less the amount of money or the value of property
returned to the victim of the crime or seized by or surrendered to lawful authority prior to the time sentence is imposed.
When the court imposes a fine based on the amount of gain, the court shall make a finding as to the defendant's gain from
the crime. If the record does not contain sufficient evidence to support a finding, the court may conduct, in connection with
its imposition of sentence, a hearing on this issue.
[1975, c. 499, §1 (new).]
3. If the defendant convicted of a crime is an organization and the law that the organization is convicted of violating expressly
provides that the fine it authorizes may not be suspended, the organization must be sentenced to pay the fine authorized in
that law. Otherwise, the maximum allowable fine that such a defendant may be sentenced to pay is:
A. Any amount for murder;
[1981, c. 317, §27 (rpr).]
B. $100,000 for a Class A crime;
[1991, c. 355, §2 (amd).]
C. $40,000 for a Class B crime;
[1991, c. 355, §2 (amd).]
D. $20,000 for a Class C crime;
[1991, c. 355, §2 (amd).]
E. $10,000 for a Class D crime or a Class E crime; and
[1991, c. 355, §2 (amd).]
F. Any higher amount that does not exceed twice the pecuniary gain derived from the crime by the convicted organization.
[1991, c. 355, §2 (amd).]
[1991, c. 355, §2 (amd).]
4. Whenever a statute makes the possession of a particular item, whether animate or inanimate, a criminal offense, the statute
may expressly provide that the fine depends upon the quantity of the item possessed by the defendant. In such case, the fine
is as provided for in the statute and is not subject to the maximum limits placed on fines by subsections 1-A and 3.
[RR 2005, c. 1, §2 (cor).]
5. Notwithstanding any other provision of this section, any person convicted of a crime under section 1103, 1105-A, 1105-B,
1105-C, 1105-D, 1106 or 1107-A may be sentenced to pay a fine of an amount equal to the value at the time of the offense of
the scheduled drug or drugs upon which the conviction is based.
When the court imposes a fine under this subsection, the court shall make a finding as to the value of the scheduled drug
or drugs. If the record does not contain sufficient evidence to support a finding, the court may conduct, in connection with
its imposition of a sentence, a hearing on this issue.
[2001, c. 383, §152 (amd); §156 (aff).]
6. In addition to any other authorized sentencing alternative, the court shall impose a minimum fine of $400, none of which
may be suspended, for a person convicted of a crime under section 1103; 1104; 1105-A; 1105-B; 1105-C; 1105-D; 1106; 1107-A;
1108; 1109; 1110; 1111; 1111-A, subsection 4, paragraph C or D; 1116; 1117; or 1118.
[2005, c. 386, Pt. DD, §2 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§121-123
(AMD).
PL 1977,
Ch. 510,
§83-86
(AMD).
PL 1981,
Ch. 317,
§27
(AMD).
PL 1985,
Ch. 699,
§
(AMD).
PL 1989,
Ch. 872,
§3,4
(AMD).
PL 1991,
Ch. 355,
§1,2
(AMD).
PL 2001,
Ch. 383,
§152
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2005,
Ch. 386,
§DD2
(AMD).
RR 2005,
Ch. 1,
§2
(COR).
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 - §1302-A. Multiple fines
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 53: FINES
§1302-A. Multiple fines
When multiple fines are imposed on a person at the same time or when a fine is imposed on a person already subject to an unpaid
or partly unpaid fine, the fines shall be cumulative, unless the court specifies that only the highest single fine shall be
paid in the case of offenses based on the same conduct, or arising out of the same criminal episode or for other good cause
stated on the record or in the sentences.
[1981, c. 324, § 35 (new).]
Section History:
PL 1981,
Ch. 324,
§35
(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 - §1302. Criteria for imposing fines
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 53: FINES
§1302. Criteria for imposing fines
1. In determining the amount of a fine, unless the fine amount is mandatory, and in determining the method of payment of a
fine, the court shall take into account the present and future financial capacity of the offender to pay the fine and the
nature of the financial burden that payment of the fine will impose on the offender or a dependent of the offender, if any.
[2003, c. 143, §11 (amd).]
2. An offender who asserts a present or future incapacity to pay a fine or asserts that the fine will cause an excessive financial
hardship on the offender or on a dependent of the offender has the burden of proving the incapacity or excessive hardship
by a preponderance of the evidence. On appeal of a sentencing alternative involving a fine, the offender has the burden of
demonstrating that the incapacity or excessive financial hardship was proven as a matter of law.
[1999, c. 367, §3 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1993,
Ch. 103,
§4
(AMD).
PL 1999,
Ch. 367,
§3
(RPR).
PL 2003,
Ch. 143,
§11
(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 - §1303-A. Postconviction relief
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 53: FINES
§1303-A. Postconviction relief
If, in any judicial proceeding following conviction, a court issues a final judgment invalidating the conviction, the judgment
may include an order that a fine payment or any part of a fine payment that the convicted person paid pursuant to the sentence
for that conviction be returned to the convicted person.
[1999, c. 367, §4 (new).]
Section History:
PL 1999,
Ch. 367,
§4
(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 - §1303-B. Modification of payment of fine
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 53: FINES
§1303-B. Modification of payment of fine
A convicted person who has been sentenced to pay a fine shall move the court for a modification of time or method of payment
to avoid a default. The court may modify its prior order to allow additional time for payment or to reduce the amount of
each installment.
[1999, c. 367, §4 (new).]
Section History:
PL 1999,
Ch. 367,
§4
(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 - §1303. Time and method of payment of fines
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 53: FINES
§1303. Time and method of payment of fines
1. If a convicted person is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified
period of time or in specified installments. If no such permission is embodied in the sentence, the fine shall be payable
forthwith to the clerk.
[1975, c. 499, § 1 (new).]
2. If a convicted person sentenced to pay a fine is also placed on probation, the court may make the payment of the fine a
condition of probation. In such cases, the court may order that the fine be paid to the probation officer.
[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 - §1304. Default
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 53: FINES
§1304. Default
1. An offender who has been sentenced to pay a fine and has defaulted in payment of that fine must be returned to court for
further disposition.
[1999, c. 367, §5 (rpr).]
2. A probation officer having knowledge of a default in payment of a fine by an offender shall report the default to the office
of the attorney for the State. An attorney for the State having knowledge of a default in payment of a fine by an offender
shall report the default to the court. If the fine was a condition of probation, the attorney for the State may file a motion
to enforce payment of the fine or, with the written consent of the probation officer, a motion to revoke probation under section
1205. If the fine was not a condition of probation, the attorney for the State may file a motion to enforce payment of the
fine.
[1999, c. 367, §5 (rpr).]
3. Either the attorney for the State or the court may initiate a motion to enforce payment of a fine. Notification for the
hearing on the motion must be sent by regular mail to the offender's last known address. If the offender does not appear
for the hearing after proper notification has been sent, the court may issue a bench warrant.
A. Unless the offender shows by a preponderance of the evidence that the default was not attributable to an intentional or
knowing refusal to obey the court's order or to a failure on the offender's part to make a good-faith effort to obtain the
funds required for the payment, the court shall find that the default was unexcused and may commit the offender to the custody
of the sheriff until all or a specified part of the fine is paid. The length of confinement in a county jail for unexcused
default must be specified in the court's order and may not exceed one day for every $5 of unpaid fine or 6 months, whichever
is shorter. An offender committed for nonpayment of a fine is given credit toward the payment of the fine for each day of
confinement that the offender is in custody, at the rate specified in the court's order. The offender is also given credit
for each day that the offender is detained as the result of an arrest warrant issued pursuant to this section. An offender
is responsible for paying any fine remaining after receiving credit for confinement and detention. A default on the remaining
fine is also governed by this section.
[1999, c. 367, §5 (new).]
B. If it appears that the default is excusable, the court may give the offender additional time for payment or may reduce the
amount of each installment.
[1999, c. 367, §5 (new).]
C. If the court commits a person to the custody of the sheriff for nonpayment of a fine, the court may authorize, at the time
of its order only, participation of the person in a project under Title 30-A, section 1606 with the agreement of the sheriff
of the county jail where the person is committed. The person must be given credit according to Title 30-A, section 1606,
subsection 2.
[1999, c. 367, §5 (new).]
D. The confinement ordered under this subsection must be nonconcurrent with any judgment of conviction involving a term of
imprisonment.
[1999, c. 367, §5 (new).]
[1999, c. 367, §5 (rpr).]
4. Upon any default, execution may be levied and other measures authorized for the collection of unpaid civil judgments may
be taken to collect the unpaid fine. A levy of execution does not discharge an offender confined to a county jail under subsection
3 for unexcused default until the full amount of the fine has been collected.
[1999, c. 367, §5 (rpr).]
5. When a fine is imposed on an organization, the person or persons authorized to make disbursements from the assets of the
organization shall pay the fine from the organization's assets. Failure to do so may subject the person or persons to court
action pursuant to this section.
[1999, c. 367, §5 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1987,
Ch. 769,
§B4
(AMD).
PL 1987,
Ch. 861,
§15
(AMD).
PL 1997,
Ch. 54,
§1
(AMD).
PL 1997,
Ch. 135,
§3
(AMD).
PL 1997,
Ch. 393,
§B8
(AMD).
PL 1999,
Ch. 367,
§5
(RPR).
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 - §1305. Revocation of fines (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 53: FINES
§1305. Revocation of fines (REPEALED)
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1999,
Ch. 367,
§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 04333-0007
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