Sec. 5. 17-A MRSA §1252, sub-§1, ¶¶A and B, as enacted by PL 1989, c. 693, §5, are amended to read:

A. For a Class D or Class E crime the court must specify a the county jail in the county where the crime was committed as the place of imprisonment.

B. For a Class A, Class B or Class C crime the court must:

(1) Specify a the county jail in the county where the crime was committed as the place of imprisonment if the term of imprisonment is 9 months or less; or

(2) Commit the person to the Department of Corrections if the term of imprisonment is more than 9 months.

Sec. 6. 17-A MRSA §1252, sub-§3-A, as enacted by PL 1977, c. 196, is repealed.

Sec. 7. 17-A MRSA §1252, sub-§7, as enacted by PL 1989, c. 693, §7, is amended to read:

7. If a sentence to a term of imprisonment in a county jail is consecutive to or is to be followed by a sentence to a term of imprisonment in the custody of the Department of Corrections, the court imposing either sentence may shall order that both be served in the custody of the Department of Corrections. If a court imposes consecutive terms of imprisonment for Class D or Class E crimes and the aggregate length of the terms imposed is one year 9 months or more, the court may shall order that they be served in the custody of the Department of Corrections.

SUMMARY

This bill provides that a person who commits a Class D or Class E crime must be imprisoned in the county jail in the county where the crime was committed. A person who commits a Class A, Class B or Class C crime must be imprisoned in the county jail in the county where the crime was committed if that person's sentence is 9 months or less.

This bill also requires that a person whose suspended sentence has been revoked be sent back to prison based upon the original, underlying sentence for purposes of determining what corrections facility is appropriate.

Finally, this bill precludes the sentencing of a person to the county jail for consecutive sentences that exceed a total of 9 months. Currently, a person may be sentenced to serve consecutive 9-month sentences for a total of 18 months at the county jail. This bill requires that a person sentenced to a term longer than 9 months is the responsibility of the Department of Corrections.