USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 54-F. DEFERRED DISPOSITION (HEADING. PL 2003, c. 711, Pt. A, @19 (new))
Title 17-A - §1348-A. Deferred disposition
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-F: DEFERRED DISPOSITION (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1348-A. Deferred disposition
1. Following the acceptance of a plea of guilty for a crime for which a person is eligible for a deferred disposition under
section 1348, the court may order sentencing deferred to a date certain or determinable and impose requirements upon the person,
to be in effect during the period of deferment, considered by the court to be reasonable and appropriate to assist the person
to lead a law-abiding life. The court-imposed deferment requirements must include a requirement that the 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 deferment. 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. In exchange for the deferred sentencing, the person shall abide by the court-imposed deferment requirements. Unless
the court orders otherwise, the requirements are immediately in effect.
[2005, c. 288, §1 (amd).]
2. During the period of deferment and upon application of the person granted deferred disposition pursuant to subsection 1
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 relieve the person
of any requirement imposed by the court that, in the court's opinion, imposes an unreasonable burden on the person.
[2003, c. 711, Pt. A, §19 (new).]
3. During the period of deferment, if the person cannot meet a deferment requirement imposed by the court, the person shall
bring a motion pursuant to subsection 2.
[2005, c. 265, §11 (new).]
Section History:
PL 2003,
Ch. 711,
§A19
(NEW).
PL 2005,
Ch. 265,
§11
(AMD).
PL 2005,
Ch. 288,
§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 - §1348-B. Court hearing as to final disposition (CONFLICT)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-F: DEFERRED DISPOSITION (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1348-B. Court hearing as to final disposition (CONFLICT)
1. Unless a court hearing is sooner held under subsection 2, at the conclusion of the period of deferment, after notice, a
person who was granted deferred disposition pursuant to section 1348-A shall return to court for a hearing on final disposition.
If the person demonstrates by a preponderance of the evidence that the person has complied with the court-imposed deferment
requirements, the court shall impose a sentencing alternative authorized for the crime to which the person pled guilty and
consented to in writing at the time sentencing was deferred or as amended by agreement of the parties in writing prior to
sentencing, unless the attorney for the State, prior to sentence imposition, moves the court to allow the person to withdraw
the plea of guilty. Except over the objection of the defendant, the court shall grant the State's motion. Following the
granting of the State's motion, the attorney for the State shall dismiss the pending charging instrument with prejudice.
If the court finds that the person has inexcusably failed to comply with the court-imposed deferment requirements, the court
shall impose a sentencing alternative authorized for the crime to which the person pled guilty.
[2005, c. 265, §12 (amd).]
2. (CONFLICT: Text as amended by PL 2005, c. 265, §12) If during the period of deferment the attorney for the State has probable
cause to believe that a person who was granted deferred disposition pursuant to section 1348-A has violated a court-imposed
deferment requirement, the attorney for the State may move the court to terminate the remainder of the period of deferment
and impose sentence. Following notice and hearing, if the attorney for the State proves by a preponderance of the evidence
that the person has inexcusably failed to comply with a court-imposed deferment requirement, the court may continue the running
of the period of deferment with the requirements unchanged, modify the requirements, add further requirements or terminate
the running of the period of deferment and impose a sentencing alternative authorized for the crime to which the person pled
guilty. If the court finds that the person has not inexcusably failed to comply with a court-imposed deferment requirement,
the court may order that the running of the period of deferment continue or, after notice and hearing, take any other action
permitted under this chapter.
[2005, c. 265, §12 (amd).]
2. (CONFLICT: Text as amended by PL 2005, c. 288, §2) If during the period of deferment the attorney for the State has probable
cause to believe that a person who was granted deferred disposition pursuant to section 1348-A has violated a court-imposed
deferment requirement, the attorney for the State may move the court to terminate the remainder of the period of deferment
and impose sentence. Following notice and hearing, if the court finds by a preponderance of the evidence that the person
has inexcusably failed to comply with a court-imposed deferment requirement, the court may continue the running of the period
of deferment with the requirements unchanged, modify the requirements, add further requirements or terminate the running of
the period of deferment and impose a sentencing alternative authorized for the crime to which the person pled guilty. When
a person fails to pay the administrative supervision fee as required under section 1348-A, subsection 1, the court may terminate
the running of the period of deferment and impose sentence 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. If the court finds that the person has not inexcusably failed to comply with a court-imposed deferment requirement,
the court may order that the running of the period of deferment continue or, after notice and hearing, take any other action
permitted under this chapter.
[2005, c. 288, §2 (amd).]
3. A hearing under this section or section 1348-A must be held in the court that ordered the deferred disposition. The hearing
need not be conducted by the justice or judge who originally ordered the deferred disposition.
[2003, c. 711, Pt. A, §19 (new).]
4. The person at a hearing under this section or section 1348-A 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
who was granted deferred disposition pursuant to section 1348-A can not afford counsel, the court shall appoint counsel for
the person. Assignment of counsel and withdrawal of counsel must be in accordance with the Maine Rules of Criminal Procedure.
[2003, c. 711, Pt. A, §19 (new).]
5. A summons may be used to order a person who was granted deferred disposition pursuant to section 1348-A to appear for a
hearing under this section. If the person fails to appear after having been served with a summons, the court may issue a
warrant for the arrest of the person.
[2005, c. 265, §12 (amd).]
6.
[2005, c. 265, §13 (rp).]
7. If during the period of deferment the attorney for the State has probable cause to believe that a person who was granted
deferred disposition pursuant to section 1348-A has violated a court-imposed deferment requirement, the attorney for the State
may apply for a warrant for the arrest of the person.
[2005, c. 265, §14 (new).]
Section History:
PL 2003,
Ch. 711,
§A19
(NEW).
PL 2005,
Ch. 265,
§12-14
(AMD).
PL 2005,
Ch. 288,
§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 - §1348-C. Limited review by appeal
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-F: DEFERRED DISPOSITION (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1348-C. Limited review by appeal
A person is precluded from seeking to attack the legality of a deferred disposition, including a final disposition, except
that a person who has been determined by a court to have inexcusably failed to comply with a court-imposed deferment requirement
and thereafter has been sentenced to an alternative authorized for the crime may appeal to the Law Court, but not 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. 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 - §1348. Eligibility for deferred disposition
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54-F: DEFERRED DISPOSITION (HEADING: PL 2003, c. 711, Pt. A, @19 (new))
§1348. Eligibility for deferred disposition
A person who has pled guilty to a Class C, Class D or Class E crime, except a crime expressly providing that one or more punishment
alternatives it authorizes may not be suspended, and who consents to a deferred disposition in writing, is eligible for a
deferred disposition.
[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 04333-0007 
