LD 1771
pg. 7
Page 6 of 12 An Act To Amend the Maine Criminal Code and Various Provisions Related to Juven... Page 8 of 12
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LR 3016
Item 1

 
arrest of the person. If the motion is dismissed or withdrawn, or
if the court finds no violation of probation, the running of the
period of probation is deemed not to have been tolled. The
conditions of probation continue in effect during the tolling of
the running of the period of probation, and any violation of a
condition subjects the person to a revocation of probation pursuant
to the provisions of this chapter.

 
Sec. 13. 17-A MRSA §1206, sub-§8, as amended by PL 1983, c. 450, §9,
is further amended to read:

 
8. Whenever a person is detained in any state or county
institution pending a probation revocation proceeding, such and
not in execution of any other sentence of confinement, that
period of detention shall must be deducted from the time the
person is required to serve under that portion of the sentence
for which the suspension of execution was vacated as a result of
the probation revocation. A person who is simultaneously
detained for conduct for which the person receives a consecutive
term of imprisonment is not entitled to receive a day-for-day
deduction from the consecutive term of imprisonment for the
period of simultaneous detention except for any period of
detention that is longer than the prior term of imprisonment.

 
Sec. 14. 17-A MRSA §1253, sub-§2, as amended by PL 2003, c. 706, Pt.
A, §6 and c. 711, Pt. A, §15, is further amended to read:

 
2. Each person sentenced to imprisonment who has previously
been detained for the conduct for which the sentence is imposed
in any state facility or county institution or facility or in any
local lockup awaiting trial, during trial, post-trial awaiting
sentencing or post-sentencing prior to the date on which the
sentence commenced to run either to await transportation to the
place of imprisonment specified, or pursuant to court order, and
not in execution of any other sentence of confinement, is
entitled to receive a day-for-day deduction from the total term
of imprisonment required under that sentence. Each person is
entitled to receive the same deduction for any such period of
detention in any federal, state or county institution, local
lockup or similar facility in another jurisdiction, including any
detention resulting from being a fugitive from justice, as
defined by Title 15, section 201, subsection 4, unless the person
is has simultaneously being been detained for non-Maine conduct.
A person who has been simultaneously detained for conduct for
which the person is sentenced to a consecutive sentence is not
entitled to receive a day-for-day deduction from the consecutive
sentence for the period of simultaneous detention except for any
period of detention that is longer than the total term of
imprisonment required under the prior sentence.


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