LD 638
pg. 4
Page 3 of 4 An Act To Protect Public Safety and Help Offenders Return Safely to the Communi... LD 638 Title Page
Download Bill Text
LR 396
Item 1

 
SUMMARY

 
This bill expands the list of Class D and Class E offenses for
which probation may be imposed to include:

 
1. A Class D or Class E crime that was initially charged by
the attorney for the State as a Class A, Class B or Class C
crime;

 
2. A Class D crime committed by a person who has a prior
conviction for a Class A, Class B, Class C or Class D crime under
the Maine Revised Statutes, Title 17-A; a prior conviction under
the laws governing operating under the influence; or a prior
conviction under the laws governing habitual offenders;

 
3. A Class D crime for failure to control or report a
dangerous fire;

 
4. A Class D crime for possession of a schedule W drug; and

 
5. A Class D crime for cruelty to animals.

 
The bill also expands the list of Class A, Class B and Class C
offenses for which the former statutory length of probation,
which is 6 years for Class A crimes and 4 years for Class B and C
crimes, may be imposed. The former statutory length of probation
may be imposed if the State pleads and proves that a person was
convicted of a Class A, Class B or Class C crime and has a prior
conviction for a Class A, Class B, Class C or Class D crime under
Title 17-A, a prior conviction under the laws governing operating
under the influence or a prior conviction under the laws
governing habitual offenders. The former statutory length of
probation may be imposed if the State pleads and proves that a
person was convicted of unlawful trafficking in a schedule W
drug, aggravated trafficking of scheduled drugs or certain
offenses involving possession of a schedule W drug.

 
The bill also provides that a person sentenced to a term of
imprisonment on or after October 1, 2005 may receive a reduction
in that term of imprisonment of up to 3 days per calendar month
for good behavior and up to 2 days per calendar month for
fulfillment of responsibilities assigned in the person's
transition plan for work, education or rehabilitation programs.


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