Usa Maine

USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 49. PROBATION (HEADING. PL 2003, c. 688, Pt. A, @13 (rpr))
Title 17-A - §1201. Eligibility for a sentence alternative that includes a period of probation
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1201. Eligibility for a sentence alternative that includes a period of probation

1. A person who has been convicted of a crime may be sentenced to a section 1152 sentencing alternative that includes a period of probation, unless:

A. The conviction is for murder; [1977, c. 510, §68 (amd).]

A-1. The conviction is for a Class D or Class E crime other than:

(1) A Class D or Class E crime relative to which, based upon both the written agreement of the parties and a court finding, the facts and circumstances of the underlying criminal episode giving rise to the conviction generated probable cause to believe the defendant had committed a Class A, Class B or Class C crime in the course of that criminal episode and, as agreed upon in writing by the parties and found by the court, the defendant has no prior conviction for murder or for a Class A, Class B or Class C crime and has not been placed on probation pursuant to this subparagraph on any prior occasion;

(2) A Class D crime committed against a family or household member under chapter 9 or 13 or section 506-B, 554, 555 or 758. As used in this subparagraph, "family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4;

(3) A Class D or Class E crime in chapter 11 or 12;

(4) A Class D crime under section 210-A;

(5) A Class D or Class E crime under section 556, section 854, excluding subsection 1, paragraph A, subparagraph (1), or section 855;

(6) A Class D crime in chapter 45 relating to a schedule W drug; or

(7) A Class D or Class E crime under Title 29-A, section 2411, subsection 1-A, paragraph B.
[2005, c. 265, §7 (amd).]

A-2. The court sentences the person to a sentencing alternative under section 1152 that includes a period of administrative release; [2003, c. 711, Pt. A, §10 (new).]

B. 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; or [1999, c. 24, §2 (amd).]

C. [1999, c. 24, §2 (rp).]

D. The court finds that such a sentence would diminish the gravity of the crime for which that person was convicted. [1999, c. 24, §2 (amd).]

[2005, c. 265, §7 (amd).]

2. A convicted person who is eligible for sentence under this chapter, as provided in subsection 1, may be sentenced to a sentencing alternative that includes a period of probation if the person is in need of the supervision, guidance, assistance or direction that probation can provide. [1999, c. 24, §2 (amd).]

Section History:
PL 1975,
Ch. 499,
§1 (NEW).
PL 1975,
Ch. 740,
§109 (AMD).
PL 1977,
Ch. 53,
§3 (AMD).
PL 1977,
Ch. 510,
§68 (AMD).
PL 1987,
Ch. 361,
§3 (AMD).
PL 1999,
Ch. 24,
§2 (AMD).
PL 2003,
Ch. 711,
§A10 (AMD).
PL 2005,
Ch. 265,
§7 (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 - §1202. Period of probation; modification and discharge
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1202. Period of probation; modification and discharge

1. A person convicted of a Class A crime may be placed on probation for a period not to exceed 4 years; for a Class B crime, for a period of probation not to exceed 3 years; for a Class C crime, for a period of probation not to exceed 2 years; and for Class D and Class E crimes, for a period not to exceed one year. [2003, c. 711, Pt. A, §11 (amd).]

1-A. Notwithstanding subsection 1:

A. If the State pleads and proves that at the time of the crime the victim had not attained 12 years of age, the period of probation for a person convicted under chapter 11 or 12 may not exceed:

(1) Eighteen years for a Class A crime;

(2) Twelve years for a Class B crime; and

(3) Six years for a Class C crime;
[2003, c. 711, Pt. B, §14 (rpr).]

A-1. If the State pleads and proves that the person was convicted of committing against a family or household member a crime under chapter 9 or 13 or section 554 or if the person was convicted under chapter 11 or 12 or section 556, the period of probation may not exceed:

(1) Six years for a Class A crime; or

(2) Four years for a Class B or Class C crime.

As used in this paragraph, "family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4; and [2003, c. 711, Pt. A, §12 (new).]

B. The period of probation for a person sentenced as a repeat sexual assault offender pursuant to section 1252, subsection 4-B is any term of years; and [2003, c. 711, Pt. B, §15 (amd).]

C. In the case of a crime of gross sexual assault, if the State pleads and proves that at the time of the crime the victim had not attained 12 years of age and that the defendant has previously been convicted and sentenced for committing gross sexual assault, rape or gross sexual misconduct against a victim who had not attained 12 years of age, the period of probation may be life or any term of years. In addition to any conditions imposed under section 1204, the court shall attach as a condition of probation that the convicted person participate in counseling or treatment to the satisfaction of the probation officer. [2003, c. 711, Pt. B, §16 (new).]

[2003, c. 711, Pt. A, §12 (amd); Pt. B, §§14-16 (amd).]

1-B. Notwithstanding subsection 1, if the State pleads and proves that the enumerated Class D or Class E crime was committed by the person against a family or household member, and if the court orders the person to complete a certified batterers' intervention program as defined in Title 19-A, section 4014, the person may be placed on probation for a period not to exceed 2 years, except that the term of probation must be terminated by the court when the probationer has served at least one year of probation, has completed the certified batterers' intervention program and has met all other conditions of probation.

A. As used in this subsection, the following definitions apply.

(1) "Enumerated Class D or Class E crime" means any Class D crime in chapter 9, any Class D or Class E crime in chapter 11, the Class D crimes described in sections 302 and 506-B and the Class D crimes described in sections 554, 555 and 758.

(2) "Family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4.
[2003, c. 657, §8 (new).]

B. Termination under this subsection requires a judicial finding that the probationer has served at least one year of probation, has successfully completed a certified batterers' intervention program and has met all other conditions of probation. [2003, c. 657, §8 (new).]

[2003, c. 657, §8 (rpr).]

2. During the period of probation specified in the sentence made pursuant to subsection 1, and upon application of a person on probation 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 probation, modify the requirements imposed by the court or a community reparations board, add further requirements authorized by section 1204 or relieve the person on probation of any requirement imposed by the court or a community reparations board that, in its opinion, imposes on the person an unreasonable burden. If the person on probation cannot meet a requirement imposed by the court or a community reparations board, the person shall bring a motion under this subsection. 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 probation. 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 shall hold a hearing on the added requirements, is given to the person on probation. [2005, c. 265, §8 (amd).]

2-A. Once the period of probation has commenced, on motion of the probation officer, or of the person on probation, or on the court's own motion, the court may convert at any time a period of probation for a Class D or Class E crime or a Class C crime under Title 29-A, section 2557 to a period of administrative release. A conversion to administrative release may not be ordered unless notice of the motion is given to the probation officer and the attorney for the State. The provisions of chapter 54-G apply when probation is converted to administrative release. Conversion to administrative release serves to relieve the person on probation of any obligations imposed by the probation conditions. [2005, c. 265, §9 (amd).]

3. Once the period of probation has commenced, on motion of the probation officer, or of the person on probation, or on its own motion, the court may terminate at any time a period of probation 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. A termination and discharge may not be ordered unless notice of the motion is given to the probation officer and the attorney for the State. Such termination and discharge serves to relieve the person on probation of any obligations imposed by the sentence of probation. [2005, c. 265, §10 (amd).]

4. Any justice, in order to comply with section 1256, subsection 8, may terminate a period of probation 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. [1989, c. 739, §1 (new).]

Section History:
PL 1975,
Ch. 499,
§1 (NEW).
PL 1985,
Ch. 821,
§5 (AMD).
PL 1989,
Ch. 393,
§ (AMD).
PL 1989,
Ch. 739,
§1 (AMD).
PL 1991,
Ch. 258,
§ (AMD).
PL 1997,
Ch. 395,
§M1 (AMD).
PL 1997,
Ch. 421,
§B1 (AMD).
PL 1999,
Ch. 492,
§1 (AMD).
PL 1999,
Ch. 788,
§2 (AMD).
PL 2001,
Ch. 386,
§3 (AMD).
PL 2003,
Ch. 154,
§1 (AMD).
PL 2003,
Ch. 657,
§8 (AMD).
PL 2003,
Ch. 711,
§A11-14,B14-16 (AMD).
PL 2005,
Ch. 265,
§8-10 (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 - §1203-A. Suspension of last portion of sentence with probation (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1203-A. Suspension of last portion of sentence with probation (REPEALED)

Section History:
PL 1979,
Ch. 512,
§41 (NEW).
PL 1979,
Ch. 707,
§2 (RP ).
PL 1981,
Ch. 470,
§A39 (REN).
PL 1983,
Ch. 268,
§3 (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 - §1203-B. Suspension; probation (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1203-B. Suspension; probation (REPEALED)

Section History:
PL 1979,
Ch. 701,
§27 (NEW).
PL 1981,
Ch. 470,
§A40 (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 - §1203-C. Wholly suspended sentence with probation
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1203-C. Wholly suspended sentence with probation

The court may sentence a person to a term of imprisonment not to exceed the maximum term authorized for the crime, suspend the entire term of imprisonment and accompany the suspension with a period of probation not to exceed the maximum period authorized for the crime, to commence on the date the person goes into actual execution of the sentence. [1999, c. 24, §4 (new).]

Section History:
PL 1999,
Ch. 24,
§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 - §1203. Split sentences
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1203. Split sentences

1. [1999, c. 788, §3 (rp).]

1-A. The court may sentence a person to a term of imprisonment, not to exceed the maximum term authorized for the crime, an initial portion of which must be served and the remainder of which must be suspended. The period of probation commences on the date the person is released from the initial unsuspended portion of the term of imprisonment, unless the court orders it to commence on an earlier date.

A. If the period of probation commences upon release of the person from the initial unsuspended portion of the term of imprisonment, the court may revoke probation for any criminal conduct committed during that initial period of imprisonment. [1999, c. 788, §4 (new).]

B. The court may revoke probation if, during the initial unsuspended portion of the term of imprisonment, a person sentenced as a repeat sexual assault offender, pursuant to section 1252, subsection 4-B, refuses to actively participate in a sex offender treatment program in accordance with the expectations and judgment of the treatment providers, when requested to do so by the Department of Corrections. [2003, c. 711, Pt. B, §17 (amd).]

C. As to both the suspended and unsuspended portions of the sentence, the place of imprisonment must be as follows.

(1) For a Class D or Class E crime the court must specify a county jail as the place of imprisonment.

(2) For a Class A, Class B or Class C crime the court must:

(a) Specify a county jail as the place of imprisonment for any portion of the sentence that is 9 months or less; and

(b) Commit the person to the Department of Corrections for any portion of the sentence that is more than 9 months.

[1999, c. 788, §4 (new).]

[2003, c. 711, Pt. B, §17 (amd).]

2. [1983, c. 268, §2 (rp).]

2-A. In any prosecution for a crime committed prior to September 23, 1983, the court may, with the consent of the defendant, impose sentence under subsection 1-A. [1999, c. 788, §5 (amd).]

3. [1985, c. 282, §5 (rp).]

4. Each person sentenced to an initial unsuspended term of imprisonment in excess of 120 days under this section for a crime committed on or after July 6, 1978, and on or before September 13, 1979, shall earn deductions authorized by section 1253, subsections 3, 3-A, 3-B and 4. [1979, c. 707, §1 (new).]

Section History:
PL 1975,
Ch. 499,
§1 (NEW).
PL 1977,
Ch. 510,
§69 (AMD).
PL 1977,
Ch. 671,
§27 (RPR).
PL 1979,
Ch. 379,
§1,2 (AMD).
PL 1979,
Ch. 512,
§38-40 (AMD).
PL 1979,
Ch. 663,
§122 (AMD).
PL 1979,
Ch. 707,
§1 (AMD).
PL 1983,
Ch. 268,
§1,2 (AMD).
PL 1983,
Ch. 673,
§1,2 (AMD).
PL 1985,
Ch. 282,
§5 (AMD).
PL 1985,
Ch. 821,
§6 (AMD).
PL 1989,
Ch. 693,
§1 (AMD).
PL 1989,
Ch. 925,
§10 (AMD).
PL 1995,
Ch. 425,
§1 (AMD).
PL 1999,
Ch. 24,
§3 (AMD).
PL 1999,
Ch. 788,
§3-5 (AMD).
PL 2003,
Ch. 711,
§B17 (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 - §1204-A. Community reparations boards
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1204-A. Community reparations boards

1. If the court imposes a sentencing alternative that includes a period of probation, the court shall require as a condition of probation that the convicted person appear before a community reparations board and abide by any requirement imposed by the board if:

A. The person has been sentenced to a suspended term of imprisonment with probation or a split sentence of imprisonment with probation the initial portion of which must be served in a county jail under section 1203; [1997, c. 421, Pt. B, §2 (new).]

B. The person has not been convicted of a crime under chapter 11 or a crime of domestic violence; [1997, c. 421, Pt. B, §2 (new).]

C. The Department of Corrections recommends that appearance before the board be required; and [1997, c. 421, Pt. B, §2 (new).]

D. The court finds no circumstance that makes appearance inappropriate. [1997, c. 421, Pt. B, §2 (new).]

[1997, c. 421, Pt. B, §2 (new).]

2. A person required to appear before a community reparations board shall:

A. Cooperate with the preparation of the intake report to be submitted to the board; [1997, c. 421, Pt. B, §2 (new).]

B. Appear before the board as directed by the probation officer; and [1997, c. 421, Pt. B, §2 (new).]

C. Cooperate with the board. [1997, c. 421, Pt. B, §2 (new).]

[1997, c. 421, Pt. B, §2 (new).]

3. The powers of a community reparations board are limited to requiring the convicted person to:

A. Pay restitution in accordance with chapter 54; [1997, c. 421, Pt. B, §2 (new).]

B. Perform community service; [1997, c. 421, Pt. B, §2 (new).]

C. Complete a prescribed course of counseling or education; [1997, c. 421, Pt. B, §2 (new).]

D. Refrain from frequenting specified places or consorting with specified persons; [1997, c. 421, Pt. B, §2 (new).]

E. Comply with reparative sanctions other than restitution, including, but not limited to, writing an apology to the victim and fulfilling crime-impact education measures; and [1997, c. 421, Pt. B, §2 (new).]

F. Report to the board regarding compliance with the other requirements of this subsection. [1997, c. 421, Pt. B, §2 (new).]

[1997, c. 421, Pt. B, §2 (new).]

4. No requirement imposed by a community reparations board may extend longer than 6 months, except to pay restitution. [1997, c. 421, Pt. B, §2 (new).]

5. Failure to abide by the requirements of this section constitutes a violation of probation. [1997, c. 421, Pt. B, §2 (new).]

6. [1999, c. 167, §2 (rp); c. 790, Pt. A, §54 (aff).]

Section History:
PL 1997,
Ch. 421,
§B2 (NEW).
PL 1999,
Ch. 167,
§2 (AMD).
PL 1999,
Ch. 790,
§A54 (AFF).
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 - §1204. Conditions of probation
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1204. Conditions of probation

1. If the court imposes a section 1152 sentencing alternative which includes a period of probation, it shall attach such conditions of probation, as authorized by this section, as it deems to be reasonable and appropriate to assist the convicted person to lead a law-abiding life, provided that in every case it shall be a condition of probation that the convicted person refrain from criminal conduct. [1987, c. 361, §4 (amd).]

1-A. The court shall attach as a condition of probation that the convicted person pay, through the Department of Corrections, a supervision fee of between $10 and $50 per month, as determined by the court, for the term of probation. Notwithstanding the attachment of supervision fee conditions on more than one sentence, a person on probation on concurrent sentences is required to pay only one supervision fee. In determining the amount of the fee, the court shall take into 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. [2005, c. 389, §2 (amd).]

1-B. Upon the request of the Department of Corrections, the court shall attach as a condition of probation that the convicted person pay, through the department, an electronic monitoring fee, a substance testing fee or both, as determined by the court, for the term of probation. In determining the amount of the fees, the court shall take into account the financial resources of the convicted person and the nature of the burden the payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fees. When a person on probation fails to pay the fees, 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 fees 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 fees 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 fees, but may not revoke the requirement to pay the fees unless the remaining period of probation is 30 days or less. Fees received from probationers must be deposited into the department's adult community corrections account, except that when authorized by the Department of Corrections, a person on probation may be required to pay fees directly to a provider of electronic monitoring, substance testing or other services. Funds from this account, which may not lapse, must be used to defray costs associated with the purchase and operation of electronic monitoring and substance testing programs. [2003, c. 706, Pt. A, §5 (amd).]

1-C. The court shall attach as a condition of probation that the convicted sex offender, as defined under Title 34-A, section 11203, subsection 5, or the convicted sexually violent predator, as defined under Title 34-A, section 11203, subsection 8, satisfy all responsibilities set forth in Title 34-A, chapter 15, the Sex Offender Registration and Notification Act of 1999. [2001, c. 439, Pt. OOO, §3 (amd).]

2. [1975, c. 740, §110 (rp).]

2-A. As a condition of probation, the court in its sentence may require the convicted person:

A. To support his dependents and to meet his family responsibilities; [1975, c. 740, §110-A (new).]

B. To make restitution pursuant to chapter 54 to each victim of his crime, or to the county where the offense is prosecuted if the identity of the victim cannot be ascertained or if the victim voluntarily refuses the restitution. [1977, c. 455, §2 (rpr).]

C. To devote himself to an approved employment or occupation; [1975, c. 740, §110-A (new).]

D. To undergo, as an out-patient, available medical or psychiatric treatment, or to enter and remain, as a voluntary patient, in a specified institution when required for that purpose. Failure to comply with this condition is considered only as a violation of probation and may not, in itself, authorize involuntary treatment or hospitalization. The court may not order and the State may not pay for the defendant to attend a batterers' intervention program unless the program is certified under Title 19-A, section 4014; [1995, c. 694, Pt. D, §26 (amd); Pt. E, §2 (aff).]

E. To pursue a prescribed secular course of study or vocational training; [1975, c. 740, §110-A (new).]

F. To refrain from frequenting specified places or consorting with specified persons; [1977, c. 671, §29 (rpr).]

G. To refrain from possessing any firearms or other dangerous weapon; [1975, c. 740, §110-A (new).]

H. To remain within the jurisdiction of the court, unless permission to leave temporarily is granted in writing by the probation officer, and to notify the probation officer of any change in his address or his employment; [1975, c. 740, §110-A (new).]

I. To refrain from drug abuse and use or excessive use of alcohol; [1989, c. 693, §2 (amd).]

J. To report as directed to the court or the probation officer, to answer all reasonable inquiries by the probation officer and to permit the officer to visit him at reasonable times at his home or elsewhere; [1975, c. 740, §110-A (new).]

K. To pay any monetary penalty imposed by the court as part of the sentence; [1989, c. 693, §3 (rpr).]

L. To perform specified work for the benefit of the State, a county, a municipality, a School Administrative District, other public entity or a charitable institution; or [1977, c. 53, §4 (rpr).]

M. To satisfy any other conditions reasonably related to the rehabilitation of the convicted person or the public safety or security. [1977, c. 53, §4 (new).]

[1995, c. 694, Pt. D, §26 (amd); Pt. E, §2 (aff).]

3. The convicted person shall be given an opportunity to address the court on the conditions which are proposed to be attached and shall, after sentence, be given a written statement setting forth the particular conditions on which he is released on probation. [1977, c. 510, §70 (rpr).]

4. Before imposing any condition of psychiatric outpatient or inpatient treatment or mental health counseling, the court may request a report be submitted by an agent of the Department of Health and Human Services who has been designated pursuant to Title 34-B, section 1220 for the purpose of assessing the appropriateness of psychiatric treatment or mental health counseling for the individual and the availability of this treatment or counseling. Whether or not a report is requested, the court shall notify the designated agent of the Department of Health and Human Services when any conditions of probation are imposed that include psychiatric outpatient or inpatient treatment or mental health counseling. This notification must include the name and last known address of the individual placed on probation, the name and address of the attorney of record and the conditions of probation. [1997, c. 422, §1 (new); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]

Section History:
PL 1975,
Ch. 499,
§1 (NEW).
PL 1975,
Ch. 740,
§110,110-A (AMD).
PL 1977,
Ch. 53,
§4 (AMD).
PL 1977,
Ch. 455,
§2 (AMD).
PL 1977,
Ch. 510,
§70 (AMD).
PL 1977,
Ch. 671,
§28,29 (AMD).
PL 1987,
Ch. 361,
§4 (AMD).
PL 1989,
Ch. 693,
§2,3 (AMD).
PL 1989,
Ch. 875,
§E23,24 (AMD).
PL 1991,
Ch. 783,
§1 (AMD).
PL 1993,
Ch. 511,
§1 (AMD).
PL 1995,
Ch. 368,
§R2,3 (AMD).
PL 1995,
Ch. 405,
§1 (AMD).
PL 1995,
Ch. 502,
§F11,12 (AMD).
PL 1995,
Ch. 680,
§6 (AMD).
PL 1995,
Ch. 694,
§D26 (AMD).
PL 1995,
Ch. 694,
§E2 (AFF).
PL 1997,
Ch. 422,
§1 (AMD).
PL 1999,
Ch. 437,
§1 (AMD).
PL 2001,
Ch. 354,
§3 (AMD).
PL 2001,
Ch. 439,
§OOO3 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
PL 2003,
Ch. 706,
§A5 (AMD).
PL 2005,
Ch. 389,
§2 (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 - §1205-A. Administrative preliminary hearing for arrested probationer
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1205-A. Administrative preliminary hearing for arrested probationer

1. Whenever it appears that a person arrested for an alleged violation of probation is entitled to a preliminary hearing under section 1205, the probation officer shall forthwith furnish the person with a written notice of a preliminary hearing to determine whether there is probable cause to believe that the person has violated a condition of that person's probation. The notice must name the place and time of the preliminary hearing, state the conduct alleged to constitute the violation, and inform the person of the person's rights under this section. [1999, c. 246, §2 (amd).]

2. The preliminary hearing must be held before an official designated by the Commissioner of Corrections. It must be held at a location as near to the place where the violation is alleged to have taken place as is reasonable under the circumstances. If it is alleged that the person violated probation because of the commission of a new offense, the preliminary hearing is limited to the issue of identification, if probable cause on the new offense has been found by the District Court or by the Superior Court, or the person has been indicted, has waived indictment or has been convicted. [2005, c. 326, §4 (amd); §5 (aff).]

3. At the preliminary hearing, the person alleged to have violated a condition of probation has the right to confront and cross-examine persons who have information to give against that person, the right to present evidence on that person's behalf and the right to remain silent. If the hearing officer determines on the basis of the evidence before the officer that there is not probable cause to believe that a condition of probation has been violated, the officer shall terminate the proceedings and order the person on probation released at once from any detention resulting from the alleged violation. If the hearing officer determines that there is such probable cause, the officer shall prepare a written statement summarizing the evidence that was brought before the officer, and particularly describing that which supports the belief that there is probable cause. At the outset of the preliminary hearing, the hearing officer shall inform the person of that person's rights under this section and of the provisions of section 1206. That person may waive, at the preliminary hearing, the right to confront and cross-examine witnesses against that person, the right to present evidence on that person's behalf and the right to remain silent. No other rights may then be waived, nor may there be a waiver of the right to a preliminary hearing. [1995, c. 502, Pt. F, §14 (amd).]

4. [1999, c. 246, §2 (rp).]

Section History:
PL 1977,
Ch. 510,
§72 (NEW).
PL 1995,
Ch. 502,
§F14 (AMD).
PL 1999,
Ch. 246,
§2 (AMD).
PL 2005,
Ch. 326,
§4 (AMD).
PL 2005,
Ch. 326,
§5 (AFF).
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 - §1205-B. Commencement of probation revocation proceedings by summons
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1205-B. Commencement of probation revocation proceedings by summons

1. If a probation officer has probable cause to believe that a person on probation has violated a condition of probation, that officer may deliver to that person, or cause to be delivered to that person, a summons ordering that person to appear for a court hearing on the alleged violation. [1999, c. 246, §3 (new).]

2. The summons delivered pursuant to subsection 1 must include the signature of the probation officer; a brief statement of the alleged violation; the time and place of the alleged violation; and the time, place and date the person is to appear in court or a statement that the court will notify the person of the time, place and date to appear. As soon as practical after service of the summons, the probation officer shall file with the court a motion for revocation of probation that sets forth the facts underlying the alleged violation. [1999, c. 246, §3 (new).]

3. A person appearing on a motion to revoke probation pursuant to a summons must be afforded an initial appearance as provided in section 1205-C, subsection 4. [1999, c. 246, §3 (new).]

4. If the person 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, the person must be afforded a preliminary hearing as provided in section 1205 and, if retained in custody, section 1205-C, subsection 3 applies. [1999, c. 246, §3 (new).]

Section History:
PL 1999,
Ch. 246,
§3 (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 - §1205-C. Initial proceedings on probation violation; filing of motion; initial appearance
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1205-C. Initial proceedings on probation violation; filing of motion; initial appearance

1. A motion for probation revocation, which first must be approved by the prosecuting attorney, must be filed within 5 days, excluding Saturdays, Sundays and holidays, of the arrest of a probationer pursuant to section 1205. [1999, c. 246, §3 (new).]

2. The motion must set forth the facts underlying the alleged violation and be accompanied by the written statement prepared pursuant to section 1205-A, subsection 3 or by a copy of the summons delivered to the probationer. [1999, c. 246, §3 (new).]

3. Upon receipt of a motion for revocation of probation with respect to a person arrested pursuant to section 1205 or section 1205-B, subsection 4 who is not sooner released, the court shall provide the person with an initial appearance on the revocation of probation within 14 days after the arrest. A copy of the motion must be furnished to the probationer prior to or at the initial appearance. [1999, c. 246, §3 (new).]

4. At the initial appearance, the court shall advise the probationer of the contents of the motion, the right to a hearing on the motion, the right to be represented by counsel at a hearing and the right to appointed counsel. If the probationer can not afford counsel, the court shall appoint counsel for the probationer. The court shall call upon the probationer to admit or deny the alleged violation. If the probationer refuses to admit or deny, a denial must be entered. In the case of a denial, the court shall set the motion for hearing and may commit the person, with or without bail, pending hearing. [1999, c. 246, §3 (new).]

5. In deciding whether to set bail under this section and in setting the kind and amount of that bail, the court must be guided by the standards of post-conviction bail in Title 15, section 1051, subsections 2 and 3. Appeal is governed by Title 15, section 1051, subsections 5 and 6. Bail set under this section is also governed by the sureties and other forms of bail provisions in Title 15, chapter 105-A, subchapter IV and the enforcement provisions in Title 15, chapter 105-A, subchapter V, articles 1 and 3, including the appeal provisions in Title 15, section 1099-A, subsection 2. [1999, c. 246, §3 (new).]

6. Failure to comply with the time limits set forth in this section is not grounds for dismissal of a motion for probation revocation but may be grounds for the probationer's release on personal recognizance pending further proceedings. [2003, c. 657, §9 (amd).]

Section History:
PL 1999,
Ch. 246,
§3 (NEW).
PL 2003,
Ch. 657,
§9 (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 - §1205. Commencement of probation revocation proceedings by arrest
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1205. Commencement of probation revocation proceedings by arrest

1. If a probation officer has probable cause to believe that a person on probation has violated a condition of that person's probation, that officer may arrest the person or cause the person to be arrested for the alleged violation. If the probation officer can not, with due diligence, locate the person, the officer shall file a written notice of this fact with the court that placed the person on probation. Upon the filing of that written notice, the court shall issue a warrant for the arrest of that person. [1999, c. 246, §1 (amd).]

2. [1999, c. 246, §1 (rp).]

3. [1999, c. 246, §1 (rp).]

4. A person arrested pursuant to subsection 1, with or without a warrant, must be afforded a preliminary hearing as soon as reasonably possible, but not later than on the 3rd day after arrest, excluding Saturdays, Sundays and holidays, in accordance with the procedures set forth in section 1205-A. A preliminary hearing may not be afforded if, within the 3-day period, the person is released on bail or is afforded an opportunity for a court hearing on the alleged violation. A preliminary hearing is not required if the person is charged with or convicted of a new offense and is incarcerated as a result of the pending charge or conviction. [1999, c. 246, §1 (amd).]

5. [1999, c. 246, §1 (rp).]

6. Whenever a person is entitled to a preliminary hearing, the failure to hold the hearing within the time period specified in subsection 4 is grounds for the person's release on personal recognizance pending further proceedings. [1999, c. 246, §1 (amd).]

7. [1999, c. 246, §1 (rp).]

8. [1999, c. 246, §1 (rp).]

Section History:
PL 1975,
Ch. 499,
§1 (NEW).
PL 1975,
Ch. 740,
§111,112 (AMD).
PL 1977,
Ch. 510,
§71 (RPR).
PL 1979,
Ch. 701,
§28 (AMD).
PL 1987,
Ch. 315,
§1 (AMD).
PL 1995,
Ch. 502,
§F13 (AMD).
PL 1997,
Ch. 273,
§1 (AMD).
PL 1999,
Ch. 246,
§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 - §1206. Court hearing on probation revocation
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1206. Court hearing on probation revocation

1. [1999, c. 246, §4 (rp).]

2. The hearing on the motion to revoke probation must be held in the court that sentenced the person to probation in either the county or division in which the person resides or is incarcerated, unless the court orders otherwise in the interests of justice. A motion for revocation of probation need not be heard by the justice or judge who originally imposed probation, but may be heard by any justice or judge. [1993, c. 234, §1 (amd).]

3. [1999, c. 246, §5 (rp).]

4. If a hearing is held, the person on probation must be afforded the opportunity to confront and cross-examine witnesses against the person, to present evidence on that person's own behalf and to be represented by counsel. If the person on probation can not afford counsel, the court shall appoint counsel for the person. Assignment of counsel, to the extent not covered in this subsection, and withdrawal of counsel must be in accordance with the Maine Rules of Criminal Procedure. [1993, c. 234, §1 (amd).]

5. When the alleged violation constitutes a crime for which the person on probation has not been convicted, the court may revoke probation if it finds by a preponderance of the evidence that the person on probation committed the crime. If the person is subsequently convicted of the crime, or any other crime or crimes arising out of the same conduct, sentencing shall be subject to the requirements of section 1256. If concurrent terms of imprisonment are imposed and the terms do not commence on the same date, any time served as a result of the probation revocation shall be deducted from the time the person is required to serve as a result of the new conviction. [1983, c. 450, §5 (amd).]

6. If the alleged violation does not constitute a crime and the court finds by a preponderance of the evidence that the person has inexcusably failed to comply with a requirement imposed as a condition of probation, it may revoke probation. [1983, c. 450, §6 (amd).]

7. If a person on probation is convicted of a new crime during the period of probation, the court may sentence that person for the crime and revoke probation. If the person has been sentenced for the new crime and probation revocation proceedings are subsequently commenced, the court that conducts the revocation hearing may revoke probation. Sentencing for the multiple offenses is subject to section 1256. If concurrent terms of imprisonment are imposed and the terms do not commence on the same date, any time served as a result of the new conviction must be deducted from the time the person is required to serve as a result of the probation revocation. [1993, c. 234, §2 (amd).]

7-A. Upon a finding of a violation of probation, the court may vacate all, part or none of the suspension of execution as to imprisonment or fine specified when probation was granted, considering the nature of the violation and the reasons for granting probation. The remaining portion of the sentence for which suspension of execution is not vacated upon the revocation of probation remains suspended and subject to revocation at a later date. During the service of that portion of the sentence imposed for which the suspension of execution was vacated upon revocation, the running of the period of probation must be interrupted and resumes again upon release. If the court finds a violation of probation but vacates none of the suspended sentence, the running of the period of probation resumes upon entry of that final disposition. The court may nevertheless revoke probation and vacate the suspension of execution as to the remainder of the suspended sentence or a portion thereof for any criminal conduct committed during the service of that portion of the sentence for which the suspension of execution was vacated upon revocation. [1999, c. 246, §6 (amd).]

7-B. Upon revocation of probation in accordance with subsection 5, 6 or 7, the court may act in accordance with section 1267. [1989, c. 728, §1 (new).]

7-C. The running of the period of probation is tolled upon either the delivery of the summons, the filing of the written notice with the court that the person can not be located or the arrest of the person. If the motion is dismissed or withdrawn, or if the court finds no violation of probation, the running of the period of probation is deemed not to have been tolled. [1999, c. 246, §7 (new).]

7-D. If the attorney for the State and the attorney for the person on probation or the person on probation reach agreement that in return for an admission of a violation of probation the attorney for the State will dismiss other charges; the attorney for the State will not oppose the requested disposition requested by the person on probation; the attorney for the State will recommend a particular disposition; or both sides will recommend a particular disposition; and, if the court at the time of disposition intends to enter a disposition less favorable to the person on probation than that recommended, the court shall on the record:

A. Inform the parties of this intention; [1999, c. 246, §7 (new).]

B. Advise the person on probation personally in open court that the court is not bound by the recommendation; [1999, c. 246, §7 (new).]

C. Advise the person that if the person does not withdraw the admission, the disposition of the motion will be less favorable to the person than that recommended; and [1999, c. 246, §7 (new).]

D. Afford the person the opportunity to withdraw the admission. [1999, c. 246, §7 (new).]

The court shall, if possible, inform the person of the intended disposition. [1999, c. 246, §7 (new).]

8. Whenever a person is detained in any state or county institution pending a probation revocation proceeding, such period of detention shall be deducted from the time the person is required to serve under that portion of the sentence for which the suspension of execution was vacated as a result of the probation revocation. [1983, c. 450, §9 (amd).]

9. Whenever a previously suspended sentence of imprisonment for a Class A, Class B or Class C crime is vacated, in whole or in part, as the result of a probation revocation, the court must respecify the place of imprisonment for both the portion required to be served and any remaining suspended portion, if necessary, to carry out the intent of section 1203, subsection 1-A. [1999, c. 788, §6 (amd).]

Section History:
PL 1975,
Ch. 499,
§1 (NEW).
PL 1975,
Ch. 740,
§113 (AMD).
PL 1977,
Ch. 510,
§73 (RPR).
PL 1979,
Ch. 512,
§42,43 (AMD).
PL 1983,
Ch. 450,
§5-9 (AMD).
PL 1989,
Ch. 693,
§4 (AMD).
PL 1989,
Ch. 728,
§1 (AMD).
PL 1993,
Ch. 234,
§1,2 (AMD).
PL 1997,
Ch. 273,
§2 (AMD).
PL 1999,
Ch. 246,
§4-7 (AMD).
PL 1999,
Ch. 788,
§6 (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 - §1207. Review
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1207. Review

Review of a revocation of probation pursuant to section 1206 must be by appeal. [1997, c. 273, §3 (rpr).]

1. District Court proceeding. In a probation revocation proceeding in the District Court, a person whose probation is revoked may appeal to the Superior Court under Title 15, section 2111 and the applicable Maine Rules of Criminal Procedure. The determination by the Superior Court is final and no further relief is available. [1999, c. 731, Pt. ZZZ, §25 (amd); §42 (aff).]

2. Superior Court proceeding. In a probation revocation proceeding in the Superior Court, a person whose probation is revoked may not appeal as of right. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule. [2003, c. 17, §5 (amd).]

3. Assignment and withdrawal of counsel. Assignment and withdrawal of counsel must be in accordance with the Maine Rules of Criminal Procedure. [1997, c. 273, §3 (new).]

Section History:
PL 1979,
Ch. 701,
§29 (NEW).
PL 1981,
Ch. 238,
§9 (AMD).
PL 1993,
Ch. 234,
§3 (AMD).
PL 1997,
Ch. 273,
§3 (RPR).
PL 1999,
Ch. 731,
§ZZZ25 (AMD).
PL 1999,
Ch. 731,
§ZZZ42 (AFF).
PL 2003,
Ch. 17,
§5 (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 - §1208. In lieu of probation revocation proceedings
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 49: PROBATION (HEADING: PL 2003, c. 688, Pt. A, @13 (rpr))

§1208. In lieu of probation revocation proceedings

Whenever a probation officer has probable cause to believe that a person under the supervision of the probation officer has violated a condition of probation but the violation does not constitute a crime or constitutes only a Class E crime, the probation officer, instead of commencing probation revocation proceedings under section 1205, may offer to the person on probation the option of adding one or more of the following conditions to the person's probation: [1995, c. 368, Pt. R, §4 (new).]

1. Daily reporting program. Participation in a daily reporting program; [1995, c. 368, Pt. R, §4 (new).]

2. Public restitution program; treatment program. Participation in a public restitution program or treatment program administered through a Department of Corrections' prerelease center; or [1995, c. 368, Pt. R, §4 (new).]

3. Residing at prerelease center. Residing at a Department of Corrections' prerelease center for a period of time not to exceed 90 days. [1995, c. 368, Pt. R, §4 (new).]
div>
If the person on probation agrees, in writing, to the additional conditions, the conditions must be implemented. If the person on probation does not agree or if the person fails to fulfill the additional conditions to the satisfaction of the probation officer, the probation officer may commence probation revocation proceedings under section 1205 for the violation that the probation officer had probable cause to believe occurred. [1995, c. 368, Pt. R, §4 (new).]

Section History:
PL 1995,
Ch. 368,
§R4 (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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