LD 308
pg. 2
Page 1 of 8 An Act to Implement the Recommendations of the 118th Legislative Joint Select C... Page 3 of 8
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LR 237
Item 1

 
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

 
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.

 
Sec. 5. 17-A MRSA §1203, sub-§1, as amended by PL 1995, c. 425, §1, is
repealed.

 
Sec. 6. 17-A MRSA §1203, sub-§1-A is enacted to read:

 
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.

 
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.

 
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


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