Sec. 1. 17-A MRSA §1252, sub-§5-A, as amended by PL 1999, c. 374, §6, is repealed.

Sec. 2. 17-A MRSA §1252, sub-§9 is enacted to read:

9.__When a mandatory minimum sentence of a fine or imprisonment is called for, the mandatory minimum sentence may be suspended if the deviation from the mandatory minimum sentence does not diminish the gravity of the offense or adversely affect the safety of the public and if imposition of the mandatory minimum sentence would result in substantial injustice and would frustrate the general purposes of sentencing set forth in section 1151.__A mandatory minimum fine may be suspended if it is apparent that the defendant can not pay and if the other forms of punishment administered are consistent with the gravity of the offense.__In deviating from the mandatory minimum sentence, the presiding justice shall consider relevant factors, including:

A.__The criminal act for which the defendant stands convicted, including the fact that the act was an aberration in the life of the defendant;

B.__The wishes and recommendations of the victim or the victim's family and the prosecuting attorney;

C.__The defendant's prospects for rehabilitation and credible demonstration of remorse and an understanding of the consequences of the defendant's actions; and

D.__The age, background, physical and mental condition of the defendant and the defendant's family circumstances.

SUMMARY

This bill grants the judge authority to deviate from a mandatory minimum sentence and a mandatory minimum fine in certain circumstances.