H.P. 570 - L.D. 791
An Act to Clarify Sentencing Alternatives Involving Probation and Unconditional Discharge Under the Criminal Code
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1152, sub-§2, ¶A, as repealed and replaced by PL 1985, c. 821, §3, is amended to read:
A. Unconditional discharge as authorized by chapter 49 54-D;
Sec. 2. 17-A MRSA §1201, as amended by PL 1987, c. 361, §3, is further amended to read:
§1201. Eligibility for a sentence alternative that includes a period of probation
1. A person who has been convicted of a crime may be sentenced to a section 1152 sentencing alternative which that includes a period of probation or to the sentencing alternative of unconditional discharge, unless:
A. The conviction is for murder;
B. The statute which 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 shall must be sentenced to the imprisonment and required to pay the fine authorized therein; or
C. The court finds that there is an undue risk that during the period of probation the convicted person would commit another crime; or
D. The court finds that such a sentence would diminish the gravity of the crime for which he that person was convicted.
2. A convicted person who is eligible for sentence under this chapter, as provided in subsection 1, shall may be sentenced to a sentencing alternative that includes a period of probation if he the person is in need of the supervision, guidance, assistance or direction that probation can provide. If there is no such need, and no proper purpose would be served by imposing any condition or supervision on his release, he shall be sentenced to an unconditional discharge. A sentence of unconditional discharge is for all purposes a final judgment of conviction.
Sec. 3. 17-A MRSA §1203, sub-§1, as amended by PL 1995, c. 425, §1, is further amended to read:
1. The court may sentence a person to a term of imprisonment, not to exceed the maximum term authorized for the crime, an initial portion of which shall must be served and the remainder of which shall must be suspended, and accompany that term with a period of probation not to exceed the maximum period authorized for the crime. As to both the suspended and unsuspended portions of the sentence term of imprisonment, the place of imprisonment must be as follows.
A. For a Class D or Class E crime the court must shall specify a county jail as the place of imprisonment.
B. For a Class A, Class B or Class C crime the court must shall:
(1) Specify a county jail as the place of imprisonment for any portion of the sentence that is 9 months or less; and
(2) Commit the person to the Department of Corrections for any portion of the sentence that is more than 9 months.
The period of probation commences on the date the person is released from the initial unsuspended portion of the term of imprisonment, unless the court orders it to commence on an earlier date. If the period of probation commences upon release of the person from the initial unsuspended portion of the term of imprisonment, the court may revoke probation for any criminal conduct committed during that initial period of imprisonment.
Sec. 4. 17-A MRSA §1203-C is enacted to read:
§1203-C. Wholly suspended sentence with probation
The court may sentence a person to a term of imprisonment not to exceed the maximum term authorized for the crime, suspend the entire term of imprisonment and accompany the suspension with a period of probation not to exceed the maximum period authorized for the crime, to commence on the date the person goes into actual execution of the sentence.
Sec. 5. 17-A MRSA c. 54-D is enacted to read:
CHAPTER 54-D
UNCONDITIONAL DISCHARGE
§1346. Sentencing alternative of unconditional discharge
A convicted person who is eligible for sentence under section 1201, subsection 1 and for whom a court determines that no other authorized sentencing alternative is appropriate punishment must be sentenced by the court to an unconditional discharge. A sentence of unconditional discharge is for all purposes a final judgment of conviction.
Effective September 18, 1999, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
