LD 1871, Page 6 - 119th Legislature, FIRST REGULAR Session

revocation at a later date. During the service of that portion of

the sentence imposed for which the suspension of execution was

vacated upon revocation, the running of the period of probation

~~shall~~ must be interrupted and ~~shall resume~~ resumes again upon

release. If the court finds a violation of probation but vacates

none of the suspended sentence, the running of the period of

probation resumes upon entry of that final disposition. The court

may nevertheless revoke probation and vacate the suspension of

execution as to the remainder of the suspended sentence or a

portion thereof for any criminal conduct committed during the

service of that portion of the sentence for which the suspension of

execution was vacated upon revocation.

Sec. 7. 17-A MRSA з1206, sub-зз7-C and 7-D are enacted to read:

7-C.__The running of the period of probation is tolled upon
either the delivery of the summons, the filing of the written
notice with the court that the person can not be located or the
arrest of the person.__If the motion is dismissed or withdrawn,
or if the court finds no violation of probation, the running of
the period of probation is deemed not to have been tolled.

7-D.__If the attorney for the State and the attorney for the
person on probation or the person on probation reach agreement
that in return for an admission of a violation of probation the
attorney for the State will dismiss other charges; the attorney
for the State will not oppose the requested disposition requested
by the person on probation; the attorney for the State will
recommend a particular disposition; or both sides will recommend
a particular disposition; and, if the court at the time of
disposition intends to enter a disposition less favorable to the
person on probation than that recommended, the court shall on the
record:

A.__Inform the parties of this intention;

B.__Advise the person on probation personally in open court
that the court is not bound by the recommendation;

C.__Advise the person that if the person does not withdraw
the admission, the disposition of the motion will be less
favorable to the person than that recommended; and

D.__Afford the person the opportunity to withdraw the
admission.

The court shall, if possible, inform the person of the intended
disposition.

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