Whereas, the Commission to Improve the Sentencing, Supervision, Management and Incarceration of Prisoners was established by the Legislature to examine the factors leading to prison overcrowding, the impact of current sentencing laws, the use of alternative sentences and means to reduce recidivism, in particular recidivism caused by mental illness and substance abuse; and

Whereas, the commission's recommendations to create sentencing alternatives for certain classes of offenses were enacted; however, greater judicial discretion is necessary to deter future criminal conduct and for the safety of victims of crime; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §1152, sub-§2, ¶G, as amended by PL 1995, c. 136, §1, is further amended to read:

G. A fine as authorized by chapter 53. Such a fine may be imposed in addition to the sentencing alternatives in paragraphs B, D, E and, F, H, I, L and M;

Sec. 2. 17-A MRSA §1152, sub-§2, ¶¶K and L, as enacted by PL 2003, c. 711, Pt. A, §9, are amended to read:

K. A fine, suspended in whole or in part, with, at the court's discretion, administrative release as authorized by chapter 54-G; or

L. A suspended term of imprisonment with administrative release as authorized by chapter 54-G.; or

Sec. 3. 17-A MRSA §1152, sub-§2, ¶M is enacted to read:

M.__A split sentence of imprisonment with administrative release as authorized by chapter 54-G.

Sec. 4. 17-A MRSA §1172, sub-§1, ¶¶A, B, D and E, as enacted by PL 1995, c. 680, §5, are amended to read: