SP0113
LD 400		 First Regular Session - 125th Maine Legislature
 
 LR 1332
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act Regarding County Jail Sentences of Less than 24 Hours

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

Sec. 1. 17-A MRSA §1253, sub-§1,  as repealed and replaced by PL 1985, c. 821, §11, is amended to read:

1.    The sentence of any person committed to the custody of the Department of Corrections shall commence commences to run on the date on which that person is received into the correctional facility designated as the initial place of confinement by the Commissioner of Corrections pursuant to section 1258 except as otherwise provided in this subsection. That day is counted as the first full day of the sentence.

The sentence of any person committed to the custody of a sheriff shall commence , other than a sentence for less than 24 hours, commences to run on the date on which that person is received into the county jail specified in the sentence. That day is counted as the first full day of the sentence if the term of imprisonment, or the initial unsuspended portion of a split sentence, is over 30 days; otherwise, credit is accorded only for the portion of that day for which the person is actually in execution of the sentence.

The sentence of any person committed to the custody of the sheriff for less than 24 hours commences to run at the time of day at which the person is received into the county jail on the date specified in the sentence.

Sec. 2. 17-A MRSA §1253, sub-§2,  as amended by PL 2005, c. 507, §16, 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 , except when a person is sentenced to imprisonment for less than 24 hours, in which case the person is entitled to receive an hour-for-hour 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 has simultaneously 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 under this subsection 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.

For the purpose of calculating the day-for-day deduction specified by this subsection, a "day" means 24 hours.

The total term required under the sentence of imprisonment is reduced by the total deduction of this subsection prior to applying any of the other deductions specified in this section or in Title 30-A, section 1606.

The sheriff or other person upon whom the legal duty is imposed to deliver a sentenced person who has been detained as specified in this subsection shall, within 30 days of delivery, furnish to the custodian a statement showing the length of that detention. In addition, the transporter shall furnish to the attorney for the State the same statement. The custodian shall use the statement furnished to determine the day-for-day deduction to which the person is entitled, if any, unless, within 15 days of its receipt, the attorney for the State furnishes a revised statement to the custodian.

A.  For any person who commits a crime on or after August 1, 2004, is subsequently sentenced to a term of imprisonment for that crime and is entitled to receive a day-for-day deduction pursuant to this subsection, up to 2 additional days per calendar month may be credited to that deduction if the person's conduct during that period of detention was such that the credit is determined to be warranted in the discretion of the chief administrative officer of the facility in which the person has previously been detained.

Credits under this paragraph must be calculated as follows for partial calendar months:

Days of partial month Maximum credit available
1 to 15 days up to 1
16 to 31 days up to 2

The sheriff or other person required to furnish a statement showing the length of detention shall also furnish a statement showing the number of days credited pursuant to this paragraph.

Detention awaiting trial, during trial, post-trial awaiting sentencing or post-sentencing prior to the date on which a sentence commences to run is not punishment.

Sec. 3. 17-A MRSA §1253, sub-§15  is enacted to read:

15.    The provisions of subsections 3, 3-B, 4, 5, 6, 7, 8, 9 and 10 do not apply to a sentence of less than 24 hours.

summary

The bill clarifies that a court may sentence a defendant to serve a term of imprisonment of less than 24 hours and sets the commencement of that sentence as the time of day that the defendant is received in the county jail.

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