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underlying criminal episode giving rise to the conviction | | generated probable cause to believe the defendant had | | committed a Class A, Class B or Class C crime in the | | course of that criminal episode and, as agreed upon in | | writing by the parties and found by the court, the | | defendant has no prior conviction for murder or for a | | Class A, Class B or Class C crime and has not been placed | | on probation pursuant to this subparagraph on any prior | | occasion; |
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| | | (2)__A Class D crime committed against a family or | | household member under chapter 9 or 13 or section 506- | | B, 554, 555 or 758.__As used in this subparagraph, | | "family or household member" has the same meaning as in | | Title 19-A, section 4002, subsection 4; |
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| | | (3)__A Class D or Class E crime in chapter 11 or 12; |
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| | | (4)__A Class D crime under section 210-A; |
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| | | (5)__A Class D or Class E crime under section 556, | | section 854, excluding subsection 1, paragraph A, | | subparagraph (1), or section 855; |
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| | | (6)__A Class D crime in chapter 45 relating to a | | schedule W drug; or |
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| | | (7)__A Class D or Class E crime under Title 29-A, | | section 2411, subsection__1-A, paragraph B. |
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| | | Sec. 8. 17-A MRSA §1202, sub-§2, as amended by PL 1997, c. 421, Pt. B, | | §1, is further amended to read: |
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| | | 2. During the period of probation specified in the sentence | | made pursuant to subsection 1, and upon application of a person | | on probation or the person's probation officer, or upon its own | | motion, the court may, after a hearing upon notice to the | | probation officer and the person on probation, modify the | | requirements imposed by the court or a community reparations | board, add further requirements authorized by section 1204, | | relieve the person on probation of any requirement imposed by the | | court or a community reparations board that, in its opinion, | | imposes on the person an unreasonable burden. If the person on | | probation cannot meet a requirement imposed by the court or a | | community reparations board, the person shall bring a motion | | under this subsection. |
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| | | Notwithstanding this subsection, the court may grant, ex parte, a | | motion brought by the probation officer to add further | | requirements if the requirements are immediately necessary to |
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