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the public from the person because, based on one or more of | the factors in section 257, the court determines that the | person is a high-risk sex offender; and |
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| B.__The period of probation for a person sentenced as a | dangerous sexual offender pursuant to section 1252, | subsection 4-B is any term of years. |
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| | Sec. 5. 17-A MRSA §1203, sub-§1, as amended by PL 1995, c. 425, §1, is | repealed. |
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| | Sec. 6. 17-A MRSA §1203, sub-§1-A is enacted to read: |
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| | 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. |
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| 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. |
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| B. The court may revoke probation if, during the initial | unsuspended portion of the term of imprisonment, a person | sentenced as a dangerous sexual 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. |
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| C.__As to both the suspended and unsuspended portions of the | sentence, the place of imprisonment must be as follows. |
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| (1)__For a Class D or Class E crime the court must | specify a county jail as the place of imprisonment. |
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| (2)__For a Class A, Class B or Class C crime the court | must: |
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| (a)__Specify a county jail as the place of | imprisonment for any portion of the sentence that | is 9 months or less; and |
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