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deter the offender and because the offender's own repetitive | | criminal behavior currently serves as the most accurate indicator | | of future dangerousness, the new sentencing options are consistent | | with the "just deserts" philosophy of the Maine Criminal Code and | | serve primarily to enhance public safety through restraint and | | post-release management. The bill proposes 4 changes respecting | | punishment for the dangerous sexual offender. |
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| | | First, Title 17-A, section 1252, subsection 4-B, removes the | | current ceiling for terms of imprisonment for the "dangerous | | sexual offender." A court is authorized to impose a straight | | term of imprisonment or a split term of imprisonment of "any | | term of years." |
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| | | Second, Title 17-A, section 1202, subsection 1-A removes the | | current probation period caps for the "dangerous sexual | | offender." A court is authorized to impose a period of probation | | of "any term of years." |
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| | | Third, Title 17-A, chapter 50 proposes a new post-release | | mechanism identified as "supervised release." Supervised release | | is used in conjunction with the imposition of a straight term of | | imprisonment and is modeled to some degree upon federal law | | regarding supervised release (see 18 U.S.C. §3583). A term of | | supervised release of "any term of years" may be imposed by a | | court at the time of imposing a straight term of imprisonment. | | Sanctioning for a violation of a supervised release operates as | | does sanctioning for a violation of probation. As with | | probation, the sanction imposed upon revocation is intended to | | sanction the violator for failing to abide by the court-ordered | | conditions. Even in the context of new criminal conduct, the | | violator is sanctioned for the breach of trust, leaving the | | actual punishment for any new underlying criminal conduct to the | | court ultimately responsible for imposing punishment for that new | | crime. |
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| | | Fourth, the bill replaces Title 17-A, section 1203, subsection | | 1 with subsection 1-A to allow the court to revoke probation if, | | during the initial unsuspended portion of the term of | | imprisonment, a person sentenced as a "dangerous sexual offender" | | 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. By virtue of new Title 17-A, section 1233, | | supervised release may be revoked by a court before the | | completion of the straight term of imprisonment. |
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| | | Finally, the bill also provides for the inclusion of a period | | of supervised release after imprisonment for any person convicted | | of a Title 17-A, section 253 offense. Unlike the |
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