| | | B. The court sentences the person to a sentencing | | alternative under section 1152 that includes a period of | | probation; or |
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| | | C. The court finds that such a sentence would diminish the | | gravity of the crime for which that person was convicted. |
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| | | Sec. 16. 17-A MRSA §1349-A, sub-§2-A is enacted to read: |
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| | | 2-A.__During the period of administrative release, if the | | person cannot meet a requirement of administrative release | | imposed by the court, the person shall bring a motion pursuant to | | subsection 2. |
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| | | Sec. 17. 17-A MRSA §1349-B, sub-§1, as enacted by PL 2003, c. 711, Pt. | | A, §19, is amended to read: |
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| | | 1. The court may sentence a person to a term of imprisonment | | not to exceed the maximum term authorized for the Class D or | | Class E crime or the Class C crime under Title 29-A, section | 2557, suspend the entire term of imprisonment in whole or in part | | and accompany the suspension with a period of administrative | | release not to exceed the one year authorized under section 1349- | | A, subsection 1. |
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| | | Sec. 18. 17-A MRSA §1349-D, as enacted by PL 2003, c. 711, Pt. A, | | §19, is amended to read: |
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| | | §1349-D. Commencement of administrative release |
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| | | 1. If during the period of administrative release the | | attorney for the State has probable cause to believe that the | | person placed on administrative release has violated a | | requirement of administrative release, the attorney for the State | | may file a motion with the court seeking to revoke administrative | release and cause a summons to be delivered to the person placed | on administrative release ordering that person to appear for a | court hearing on the alleged violation. The motion must set | forth the facts underlying the alleged violation. The summons | must be in the same form as a summons under section 1205-B, | subsection 2 except that the summons must include the signature | of a law enforcement officer other than a probation officer. |
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| | | 1-A.__A summons may be used to order a person who was placed | | on administrative release to appear on a motion to revoke that | | person's administrative release. |
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| | | 2. A person placed on administrative release appearing on a | | motion to revoke administrative release pursuant to a summons |
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