| | |
deferment and impose sentence. Following notice and hearing, if | the court finds | | the evidence that the person has inexcusably failed to comply with | | a court-imposed deferment requirement, the court may continue the | | running of the period of deferment with the requirements unchanged, | | modify the requirements, add further requirements or terminate the | | running of the period of deferment and impose a sentencing | | alternative authorized for the crime to which the person pled | | guilty. If the court finds that the person has not inexcusably | | failed to comply with a court-imposed deferment requirement, the | | court may order that the running of the period of deferment | | continue or, after notice and hearing, take any other action | | permitted under this chapter. |
|
| | | 5. A summons must | | granted deferred disposition pursuant to section 1348-A to appear | for a hearing under this section. If the person can be located | and served with a summons, the attorney for the State may not | commence a hearing under this section by having the person | arrested, except that a person whoas required | may be arrested pursuant to a bench warrant or an order of | | having been served with a summons, the court may issue a warrant | | for the arrest of the person. |
|
| | | Sec. 13. 17-A MRSA §1348-B, sub-§6, as enacted by PL 2003, c. 711, Pt. | | A, §19, is repealed. |
|
| | | Sec. 14. 17-A MRSA §1348-B, sub-§7 is enacted to read: |
|
| | | 7.__If during the period of deferment the attorney for the | | State has probable cause to believe that a person who was granted | | deferred disposition pursuant to section 1348-A has violated a | | court-imposed deferment requirement, the attorney for the State | | may apply for a warrant for the arrest of the person. |
|
| | | Sec. 15. 17-A MRSA §1349, sub-§1, as corrected by RR 2003, c. 2, §28, | | is amended to read: |
|
| | | 1. A person who has been convicted of a Class D or Class E | | crime or a Class C crime under Title 29-A, section 2557 may be | | sentenced to a sentence alternative under section 1152 that | | includes a period of administrative release, unless: |
|
| | | A. The statute that the person is convicted of violating | | expressly provides that the fine and imprisonment penalties | | it authorizes may not be suspended, in which case the | | convicted person must be sentenced to the imprisonment and | | required to pay the fine authorized therein; |
|
|
