USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 52. INTENSIVE SUPERVISION
Title 17-A - §1261. Intensive supervision established
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 52: INTENSIVE SUPERVISION
§1261. Intensive supervision established
1. A sentence to imprisonment with intensive supervision means a sentence to confinement outside an institution under a set
of rigorous conditions imposed at the time of sentencing. It is an alternative to institutional confinement which may be
imposed in accordance with this chapter following a period of institutional confinement or as the initial unsuspended portion
of a split sentence. It is a sentencing alternative available to the courts for those persons who would otherwise have been
sentenced to institutional confinement.
[1991, c. 133, §1 (amd).]
2. The Intensive Supervision Program shall be composed of up to 10 intensive supervision teams. Each team shall be comprised
of 2 Intensive Supervision Program officers. Each team shall have a maximum caseload of 25 offenders. The team shall contact
each offender at least 5 times a week.
[1985, c. 821, §15 (new).]
3. A sentence to intensive supervision is a sentence to a term of imprisonment. In the event that the Intensive Supervision
Program or any essential aspect of the program is determined by the court to be constitutionally flawed, offenders sentenced
to the program shall serve the sentences imposed at a state correctional facility determined by the Department of Corrections,
just as each of them would have been compelled to serve the sentences in the absence of this program.
[1985, c. 821, §15 (new).]
4. A person sentenced to a period of intensive supervision pursuant to this chapter is in the official custody of the Department
of Corrections.
[1985, c. 821, §15 (new).]
Section History:
PL 1985,
Ch. 821,
§15
(NEW).
PL 1991,
Ch. 133,
§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 - §1262. Sentences of imprisonment with intensive supervision
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 52: INTENSIVE SUPERVISION
§1262. Sentences of imprisonment with intensive supervision
1. 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 shall be for 6 months or more, to be served with intensive supervision, and the remainder, which shall not
be less than one year, suspended with probation, as authorized by chapter 49. As to both the initial unsuspended portion
and the suspended portion, the court shall commit the person to the Department of Corrections. If the initial unsuspended
portion is for more than 6 months, intensive supervision shall apply only to the final portion of the initial unsuspended
term, with the intensive supervision portion ranging from 6 to 18 months. That portion of the initial unsuspended term not
to be served on intensive supervision shall be served in institutional confinement.
[1987, c. 672 (amd).]
2. The initial unsuspended portion of the term of imprisonment shall be followed by a period of probation, which is to commence
upon completion of the initial unsuspended portion of the term of imprisonment unless the court orders that it shall commence
on an earlier date. As provided in chapter 49, the court may revoke probation for any criminal conduct committed at any time
during the initial unsuspended portion of the term of imprisonment.
[1985, c. 821, §15 (new).]
3. In any prosecution for a crime committed prior to the effective date of this chapter, the court may, with the consent of
the defendant, impose sentence under subsection 1, if the defendant is otherwise eligible under section 1263; except that
no person sentenced prior to the effective date of this chapter is eligible for sentencing under subsection 1.
[1985, c. 821, §15 (new).]
4. During the initial unsuspended term not served on intensive supervision, if the defendant violates the criminal law or is
otherwise determined to no longer be suitable for participation in the Intensive Supervision Program or the Intensive Supervision
Program is determined to no longer be suitable for the defendant, the Department of Corrections shall petition the court to
require the defendant to serve in institutional confinement the remaining portion of the unsuspended term of imprisonment
including that which was to have been served on intensive supervision. During the initial unsuspended term not served on
intensive supervision, if the defendant's conduct does not conform to institutional rules, the Department of Corrections may
petition the court to require the defendant to serve in institutional confinement the remaining portion of the unsuspended
term of imprisonment including that which was to have been served on intensive supervision.
[1991, c. 133, §2 (amd).]
4-A. If, while on the Intensive Supervision Program, a prisoner is convicted of another crime, that person is no longer suitable
for participation in the Intensive Supervision Program and the Department of Corrections shall petition the court to require
the prisoner to serve in institutional confinement the remaining portion of the unsuspended term that was to have been served
in the Intensive Supervision Program.
[1991, c. 344 (new).]
5. If, at the time the defendant is scheduled to be released to the Intensive Supervision Program, the ratio of prisoners to
Intensive Supervision Program officers would exceed 25 to 2, the Department of Corrections shall petition the court to relieve
it of its obligation to place the defendant in the Intensive Supervision Program until it can place the defendant in that
program without exceeding the ratio of 25 to 2. If the court is satisfied that the ratio of 25 to 2 would be exceeded, it
shall grant the motion relieving the department of that obligation. The department must place the defendant in the Intensive
Supervision Program as soon as the ratio of 25 to 2 would not be exceeded and the placement shall occur even if the defendant
would not then serve the full term of intensive supervision ordered by the court.
[1989, c. 113, §4 (amd).]
6.
[1991, c. 364, §2 (rp).]
7. If, upon completion of the period of intensive supervision, the Department of Corrections, considering the supervision,
guidance, assistance or direction that probation can provide, determines that probation should be reduced or terminated, it
may, at any time, petition the court for reduction or early termination of probation in accordance with section 1202, subsection
3.
[1995, c. 502, Pt. F, §15 (amd).]
8. For any person eligible under section 1263, who has been sentenced after the effective date of this chapter to a split sentence
of imprisonment without intensive supervision, the court may, upon motion of the department and with the consent of the defendant,
modify that sentence to allow for intensive supervision if that sentence in all other respects satisfies subsection 1.
[1985, c. 821, §15 (new).]
Section History:
PL 1985,
Ch. 821,
§15
(NEW).
PL 1987,
Ch. 672,
§
(AMD).
PL 1989,
Ch. 113,
§4
(AMD).
PL 1991,
Ch. 133,
§2
(AMD).
PL 1991,
Ch. 344,
§
(AMD).
PL 1991,
Ch. 364,
§2
(AMD).
PL 1995,
Ch. 502,
§F15
(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 - §1263. Eligibility for imprisonment with intensive supervision
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 52: INTENSIVE SUPERVISION
§1263. Eligibility for imprisonment with intensive supervision
1. No person may be sentenced to imprisonment with intensive supervision pursuant to section 1262, unless:
A. He petitions the court therefor;
[1985, c. 821, § 15 (new).]
B. The conviction is for a Class A, Class B or Class C crime, excluding the following:
(1) Sections 755, 756 and 757; and
(2) Any sentence controlled by section 1252, subsections 4 and 5, unless the defendant is sentenced to a term of imprisonment
with at least 3 years unsuspended, with the last year of the unsuspended portion to be served with intensive supervision,
provided that the conditions of subsection 2 are also met. The defendant may be sentenced to imprisonment with intensive
supervision under this subparagraph regardless of whether the defendant petitions the court or otherwise agrees to imprisonment
with intensive supervision;
[1989, c. 728, §2 (amd).]
C. The sentence imposed conforms to the requirements of section 1262 and would, in any case, have been a split sentence under
section 1203, subsection 1-A, with commitment under both portions of the sentence to the Department of Corrections;
[1999, c. 788, §10 (amd).]
D. The Department of Corrections recommends that the defendant be sentenced pursuant to this chapter; and
[1985, c. 821, § 15 (new).]
E. The court determines:
(1) That sentencing the defendant to imprisonment with intensive supervision can be done without exceeding the ratio of prisoners
to Intensive Supervision Program officers of 25 to 2;
(2) That, where appropriate, the program is consistent with the defendant's vocational, educational, social, familial and
other needs; and
(3) That the defendant is suitable for the program.
[1985, c. 821, § 15 (new).]
[1999, c. 788, §10 (amd).]
2. A person convicted of violating a law that expressly provides that the fine or imprisonment penalty it authorizes may not
be suspended may not be sentenced to imprisonment with intensive supervision pursuant to section 1262, unless the penalty
that may not be suspended is also imposed. If the penalty that may not be suspended is one of imprisonment, then that penalty
must be served in institutional confinement as part of and at the beginning of the initial unsuspended term with the intensive
supervision applying to the final portion of the initial unsuspended term.
[1989, c. 728, §3 (new).]
Section History:
PL 1985,
Ch. 821,
§15
(NEW).
PL 1989,
Ch. 728,
§2,3
(AMD).
PL 1999,
Ch. 788,
§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 - §1264. Conditions of imprisonment with intensive supervision
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 52: INTENSIVE SUPERVISION
§1264. Conditions of imprisonment with intensive supervision
1. If the defendant petitions for intensive supervision and the Department of Corrections recommends intensive supervision,
the Department of Corrections shall include its recommendations for conditions for intensive supervision as a part of its
presentence investigation report to the court. The mandatory conditions in subsection 2 must be included in the report.
[1985, c. 821, § 15 (new).]
2. The conditions of intensive supervision shall include the following:
A. A curfew during the hours of which the prisoner shall be at his residence as determined by an Intensive Supervision Program
officer;
[1985, c. 821, § 15 (new).]
B. Travel or movement restrictions as determined by an Intensive Supervision Program officer limiting the prisoner's travel
to times and places directly related to approved employment, formal education, job search, public service work or such other
specific purposes approved in advance by an Intensive Supervision Program officer;
[1985, c. 821, § 15 (new).]
C. Searches of the prisoner's person, residence, papers and effects without a warrant and without probable cause, for items
prohibited by law or by his conditions or otherwise subject to seizure, upon the request of any Intensive Supervision Program
officer. The Department of Corrections may prohibit the prisoner from residing with anyone who does not consent to a search
of his residence to the extent necessary to search the prisoner's person, residence, papers and effects;
[1985, c. 821, § 15 (new).]
D. That the prisoner not possess or use illegal drugs or other substances, and not abuse alcohol or any other legal substance;
[1991, c. 845, §3 (amd).]
E. That the prisoner submit to urinalysis, breath testing or other chemical tests without probable cause, at the request of
any Intensive Supervision Program officer;
[1985, c. 821, § 15 (new).]
F. That the prisoner notify any law enforcement officer by whom he is stopped of his status as a prisoner on intensive supervision,
and that he notify his Intensive Supervision Program officer within 12 hours of any such contact with any law enforcement
officer; and
[1985, c. 821, § 15 (new).]
G. That the prisoner not violate state or Federal criminal law.
[1985, c. 821, § 15 (new).]
[1991, c. 845, §3 (amd).]
3. The conditions of intensive supervision may include the following:
A. Any condition which may be imposed as a condition of probation pursuant to section 1204;
[1985, c. 821, § 15 (new).]
B. Any condition which would be appropriate for the prisoner and the program. The conditions imposed may be as stringent or
restrictive as, but not more stringent or restrictive than, those which may be constitutionally imposed if the prisoner were
actually housed at a maximum security institution.
[1985, c. 821, § 15 (new).]
[1985, c. 821, § 15 (new).]
4. If the court sentences the defendant to imprisonment with intensive supervision, it shall impose the mandatory conditions
in subsection 2 and may impose any additional conditions as provided in subsection 3, as recommended by the Department of
Corrections or as determined by the court.
[1985, c. 821, § 15 (new).]
5. Prior to the completion of the Intensive Supervision Program, the court, upon petition by the Department of Corrections
or on its own motion, may modify any discretionary condition imposed upon a prisoner, add a condition authorized by subsection
3 or terminate a discretionary condition imposed upon a prisoner.
[1985, c. 821, § 15 (new).]
6. The prisoner's Intensive Supervision Program officer may, at any time and in any manner he deems appropriate, investigate
compliance with the conditions imposed. Such means may include, but may not be limited to, personal contact with the prisoner
at his residence, place of employment or any other place; direct inquiry of the prisoner's employer, school or any other person;
criminal, court and police agency checks; and credit and other financial inquiries.
[1985, c. 821, § 15 (new).]
7. If an Intensive Supervision Program officer has probable cause to believe the prisoner has committed the crime of escape,
he shall file written notice of the prisoner's escape in the Superior Court in any county and the court may issue a warrant
for the prisoner's arrest. Filing written notice of the prisoner's escape shall toll running of his sentence and no portion
of the time between filing of the notice and the prisoner's return to custody in this State may be counted as any part of
his sentence.
[1985, c. 821, § 15 (new).]
Section History:
PL 1985,
Ch. 821,
§15
(NEW).
PL 1991,
Ch. 845,
§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 - §1265. Termination of intensive supervision
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 52: INTENSIVE SUPERVISION
§1265. Termination of intensive supervision
1. Upon probable cause to believe that a prisoner on the Intensive Supervision Program has violated any condition of that program,
that prisoner may be immediately apprehended. Notice of the violation shall be filed with the sentencing court or any Superior
Court within 2 court days and a copy shall be provided to the prisoner.
[1985, c. 821, § 15 (new).]
2. A hearing shall be held within 7 court days of the filing of notice of the violation. The hearing shall follow the procedures
for a probation revocation hearing under section 1206, subsection 4. The only issue at the hearing is whether the violation
occurred.
[1985, c. 821, § 15 (new).]
3. If the court finds by a preponderance of the evidence that the prisoner has violated a condition of his intensive supervision,
the prisoner shall serve, in institutional confinement, the balance of the portion of the sentence of imprisonment which was
to be served with intensive supervision. If the violation conduct is also found to be a violation of the conditions of probation,
the court may also revoke probation as specified in section 1206.
[1985, c. 821, § 15 (new).]
4. Review of the court's finding of violation shall be by direct appeal.
[1985, c. 821, § 15 (new).]
5. Pending a hearing under subsection 2 or pending the appeal of the Superior Court's finding under subsection 3, bail is not
authorized.
[1985, c. 821, § 15 (new).]
Section History:
PL 1985,
Ch. 821,
§15
(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 - §1266. Sentence for crime committed by prisoner on intensive supervision
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 52: INTENSIVE SUPERVISION
§1266. Sentence for crime committed by prisoner on intensive supervision
Any prisoner who, while on intensive supervision, commits an offense punishable by imprisonment for one year or more and who
is sentenced therefor to a term of imprisonment and committed to the Department of Corrections shall serve the 2nd sentence
to commence from the date of the termination of the first sentence, whether that sentence is served or annulled.
[1985, c. 821, § 15 (new).]
Section History:
PL 1985,
Ch. 821,
§15
(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 - §1267. Intensive supervision upon revocation of probation
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 52: INTENSIVE SUPERVISION
§1267. Intensive supervision upon revocation of probation
1. Upon revocation of probation pursuant to section 1206 and if recommended by the Department of Corrections, the court may
vacate, in whole or in part, the suspension of execution as to the imprisonment specified when probation was granted and may
order that part or all of the imprisonment be served with intensive supervision provided that there remains at the time of
revocation at least 6 months of imprisonment suspended.
[1989, c. 728, §4 (new).]
2. If the court requires that the imprisonment be served with intensive supervision, the court shall specify how much of the
imprisonment is to be served with intensive supervision, with that portion ranging from 6 to 18 months. Any portion of the
imprisonment not to be served with intensive supervision must be served with institutional confinement prior to the intensive
supervision.
[1989, c. 728, §4 (new).]
3. Imprisonment with intensive supervision may be ordered under this section regardless of whether there remains any portion
of the sentence for which suspension of execution is not vacated upon the revocation of probation. Any portion for which
suspension of execution is not vacated is governed by section 1206, subsection 7-A.
[1989, c. 728, §4 (new).]
4. The court may order a person to serve a term of imprisonment with intensive supervision under this section regardless of
whether the person petitions the court or otherwise agrees to imprisonment with intensive supervision.
[1989, c. 728, §4 (new).]
5. Except to the extent that they are inconsistent with this section, the other sections in this chapter apply to persons ordered
to serve imprisonment with intensive supervision under this section as if those persons had been sentenced to a term of imprisonment
with intensive supervision under those sections.
[1989, c. 728, §4 (new).]
Section History:
PL 1989,
Ch. 728,
§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 - §1268. Application
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 52: INTENSIVE SUPERVISION
§1268. Application
Section 1204, subsections 1-A and 1-B apply to both the intensive supervision portion and the probation portion of a sentence
imposed under this chapter.
[1995, c. 368, Pt. R, §5 (new).]
Section History:
PL 1995,
Ch. 368,
§R5
(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 
