Sec. 1. 17-A MRSA §1256, sub-§2, as amended by PL 1983, c. 408, §4, is further amended to read:

2. In all other cases, the court shall state in the sentence of imprisonment whether a sentence shall must be served concurrently with or consecutively to any other sentence previously imposed or to another sentence imposed on the same date. The sentences must be consecutive for murder and Class A, B and C crimes absent a reason stated on the record. The sentences shall for Class D and E crimes must be concurrent unless, in considering the following factors, the court decides to impose sentences consecutively:

A. That the convictions are for offenses based on different conduct or arising from different criminal episodes;

B. That the defendant was under a previously imposed suspended or unsuspended sentence and was on probation, under incarceration or on a release program at the time the person committed a subsequent offense;

C. That the defendant had been released on bail when that person committed a subsequent offense, either pending trial of a previously committed offense or pending the appeal of previous conviction; or

D. That the seriousness of the criminal conduct involved in either a single criminal episode or in multiple criminal episodes or the seriousness of the criminal record of the convicted person, or both, require a sentence of imprisonment in excess of the maximum available for the most serious offense.

Sec. 2. 17-A MRSA §1256, sub-§§3 and 4, as enacted by PL 1981, c. 324, §34, are amended to read:

3. A Notwithstanding subsection 2, a defendant may not be sentenced to consecutive terms for crimes arising out of the same criminal episode when:

A. One crime is an included crime of the other;

B. One crime consists only of a conspiracy, attempt, solicitation or other form of preparation to commit, or facilitation of, the other;