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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 54-G. ADMINISTRATIVE RELEASE (HEADING. PL 2003, c. 711, Pt. A, @19 (new))
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Title 17-A - §1349-A. Period of administrative release
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-G: ADMINISTRATIVE RELEASE (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1349-A. Period of administrative release
1. A person who has been convicted of a Class D or Class E crime may be placed on administrative release for a period not to
exceed one year.
[2003, c. 711, Pt. A, §19 (new).]
2. During the period of administrative release and upon application of a person placed on administrative release or of the
attorney for the State or upon the court's own motion, the court may, after a hearing upon notice to the attorney for the
State and the person, modify the requirements imposed by the court, add further requirements or release the person of any
requirement imposed by the court that, in the court's opinion, imposes on the person an unreasonable burden.
[2003, c. 711, Pt. A, §19 (new).]
2-A. During the period of administrative release, if the person cannot meet a requirement of administrative release imposed by
the court, the person shall bring a motion pursuant to subsection 2.
[2005, c. 265, §16 (new).]
3. On application of the attorney for the State or of the person placed on administrative release or on the court's own motion,
the court may terminate a period of administrative release and discharge the convicted person at any time earlier than that
provided in the sentence made pursuant to subsection 1 if warranted by the conduct of such person. The court may not order
a termination of the period of administrative release and discharge upon the motion of the person placed on administrative
release unless notice of the motion is given to the attorney for the State by the person placed on administrative release.
The termination of the period of administrative release and discharge relieves the person placed on administrative release
of any obligations imposed by the sentence of administrative release.
[2003, c. 711, Pt. A, §19 (new).]
4. A justice, in order to comply with section 1256, subsection 8, may terminate a period of administrative release that would
delay commencement of a consecutive unsuspended term of imprisonment. A judge may terminate a period of administrative release
that would delay commencement of a consecutive unsuspended term of imprisonment if that judge has jurisdiction over each of
the sentences involved.
[2003, c. 711, Pt. A, §19 (new).]
Section History:
PL 2003,
Ch. 711,
§A19
(NEW).
PL 2005,
Ch. 265,
§16
(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 - §1349-B. Suspended sentence with administrative release
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-G: ADMINISTRATIVE RELEASE (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1349-B. Suspended sentence with administrative release
1. The court may sentence a person to a term of imprisonment not to exceed the maximum term authorized for the Class D or Class
E crime or the Class C crime under Title 29-A, section 2557, suspend the term of imprisonment in whole or in part and accompany
the suspension with a period of administrative release not to exceed the one year authorized under section 1349-A, subsection
1.
[2005, c. 265, §17 (amd).]
2. The court may sentence a person to a fine, not to exceed the maximum fine authorized for the Class D or Class E crime, suspend
the fine in whole or in part and accompany the suspension with a period of administrative release not to exceed the one year
authorized under section 1349-A, subsection 1.
[2003, c. 711, Pt. A, §19 (new).]
3. A sentence imposed under subsection 1 or subsection 2 commences on the date the person goes into actual execution of the
sentence.
[2003, c. 711, Pt. A, §19 (new).]
Section History:
PL 2003,
Ch. 711,
§A19
(NEW).
PL 2005,
Ch. 265,
§17
(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 - §1349-C. Requirements of administrative release
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-G: ADMINISTRATIVE RELEASE (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1349-C. Requirements of administrative release
1. If the court imposes a suspended sentence with administrative release under section 1349-B, the court shall attach requirements
of administrative release, as authorized by this section, as the court determines to be reasonable and appropriate to help
ensure accountability and rehabilitation of the person. The court-imposed requirements of administrative release must include
a requirement that the convicted 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 administrative release. 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. When a person fails to pay the administrative supervision
fee, the court may revoke administrative release as provided in sections 1349-D and 1349-E 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.
[2005, c. 288, §3 (amd).]
2. In addition to a requirement that the convicted person refrain from criminal conduct and a requirement that the convicted
person pay all assessments, surcharges, fees and costs required by law, the court in its sentence may require the convicted
person:
A. To pay any fine imposed by the court as part of the sentence;
[2003, c. 711, Pt. A, §19 (new).]
B. To make any restitution to each victim of the crime imposed by the court;
[2003, c. 711, Pt. A, §19 (new).]
C. To perform any community service work imposed by the court as part of the sentence; or
[2003, c. 711, Pt. A, §19 (new).]
D. To satisfy any other requirement reasonably related to helping ensure the accountability and rehabilitation of the person.
[2003, c. 711, Pt. A, §19 (new).]
[2003, c. 711, Pt. A, §19 (new).]
3. The convicted person must be given an opportunity to address the court on the requirements that are proposed to be attached
and must, after the sentencing, be given a written statement setting forth the specific requirements on which the person is
being administratively released.
[2003, c. 711, Pt. A, §19 (new).]
Section History:
PL 2003,
Ch. 711,
§A19
(NEW).
PL 2005,
Ch. 288,
§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 - §1349-D. Commencement of administrative release revocation proceeding
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-G: ADMINISTRATIVE RELEASE (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1349-D. Commencement of administrative release revocation proceeding
1. If during the period of administrative release the attorney for the State has probable cause to believe that the person
placed on administrative release has violated a requirement of administrative release, the attorney for the State may file
a motion with the court seeking to revoke administrative release. The motion must set forth the facts underlying the alleged
violation.
[2005, c. 265, §18 (amd).]
1-A. A summons may be used to order a person who was placed on administrative release to appear on a motion to revoke that person's
administrative release.
[2005, c. 265, §18 (new).]
2. A person placed on administrative release appearing on a motion to revoke administrative release pursuant to a summons must
be afforded an initial appearance as provided in section 1205-C, subsection 4.
[2003, c. 711, Pt. A, §19 (new).]
3. If the person placed on administrative release fails to appear in court after having been served with a summons, the court
may issue a warrant for the arrest of the person. After arrest of the person, the court shall afford the person an initial
appearance as provided in section 1205-C, subsection 4, and, if retained in custody, section 1205-C, subsection 3 applies.
[2005, c. 265, §18 (amd).]
4. If during the period of administrative release the attorney for the State has probable cause to believe that the person
placed on administrative release has violated a requirement of administrative release, the attorney for the State may apply
for a warrant for the arrest of the person. Unless sooner released, the court shall provide the person with an initial appearance
on the revocation of administrative release within 14 days after arrest. A copy of the motion must be furnished to the person
prior to or at the initial appearance. The initial appearance is as provided in section 1205-C, subsection 4. Bail is as
provided in section 1205-C, subsections 5 and 6.
[2005, c. 265, §18 (amd).]
Section History:
PL 2003,
Ch. 711,
§A19
(NEW).
PL 2005,
Ch. 265,
§18
(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 - §1349-E. Court hearing on administrative release revocation
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-G: ADMINISTRATIVE RELEASE (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1349-E. Court hearing on administrative release revocation
The hearing on a motion to revoke administrative release is as provided under section 1206, except that subsections 7-B and
9 do not apply.
[2003, c. 711, Pt. A, §19 (new).]
Section History:
PL 2003,
Ch. 711,
§A19
(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 - §1349-F. Review
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-G: ADMINISTRATIVE RELEASE (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1349-F. Review
Review of a revocation of administrative release pursuant to section 1349-E must be by appeal. The appeal is as provided
under section 1207.
[2003, c. 711, Pt. A, §19 (new).]
Section History:
PL 2003,
Ch. 711,
§A19
(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 - §1349. Eligibility for sentence alternative that includes period of administrative release
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-G: ADMINISTRATIVE RELEASE (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1349. Eligibility for sentence alternative that includes period of administrative release
1.A person who has been convicted of a Class D or Class E crime or a Class C crime under Title 29-A, section 2557 may be sentenced
to a sentence alternative under section 1152 that includes a period of administrative release, unless:
A. The statute 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 therein;
[2003, c. 711, Pt. A, §19 (new).]
B. The court sentences the person to a sentencing alternative under section 1152 that includes a period of probation; or
[2003, c. 711, Pt. A, §19 (new).]
C. The court finds that such a sentence would diminish the gravity of the crime for which that person was convicted.
[2003, c. 711, Pt. A, §19 (new).]
[2005, c. 265, §15 (amd).]
Section History:
PL 2003,
Ch. 711,
§A19
(NEW).
RR 2003,
Ch. 2,
§28
(COR).
PL 2005,
Ch. 265,
§15
(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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