| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 17-A MRSA §1252, sub-§1, ¶¶A and B, as enacted by PL 1989, c. | | 693, §5, are amended to read: |
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| | A. For a Class D or Class E crime the court must specify a | | county jail as the place of imprisonment. |
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| | B. For a Class A, Class B or, Class C or Class D crime the | | court must: |
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| | | (1) Specify a county jail as the place of imprisonment | if the term of imprisonment is 9 6 months or less; or |
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| | | (2) Commit the person to the Department of Corrections | if the term of imprisonment is more than 9 6 months. |
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| | | Sec. 2. 17-A MRSA §1252, sub-§7, as enacted by PL 1989, c. 693, §7, is | | amended to read: |
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| | | 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 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 6 | months or more, the court may shall order that they be served in | | the custody of the Department of Corrections. |
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| | | Sec. 3. 34-A MRSA §1210-B is enacted to read: |
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| | | The Legislature shall annually appropriate to each jail | | authority an amount sufficient to supplement amounts distributed | | pursuant to section 1210-A so that the total from both funding | | sources reimburses the jail authority for: |
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| | | 1.__Prisoners committed to county facilities.__The jail | | authority's average total cost of the support of prisoners | | committed by court to that jail authority's correctional | | facilities.__The average total cost of the support of prisoners | | committed by court to a jail authority's correctional facilities | | must be based on the average daily cost of supporting such | | prisoners in those facilities; and |
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| | | 2. Prisoners housed at county facilities.__The full cost | | incurred by the jail authority for the support of prisoners | | committed to the Department of Corrections but who, as a result |
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