LD 1674 (subjects: CORRECTIONS DEPT , PROCEDURES )
Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=1674&PID=1456&snum=127
Sponsors | Actions | Bill Text | Patterns of Support
|3/23/2016||Senate||Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY
suggested and ordered printed
On motion by Senator Rosen of Hancock REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY
Ordered sent down forthwith for concurrence.
|3/24/2016||House||On motion of Representative FREDETTE of Newport, the Bill was TABLED pending REFERENCE in concurrence.
Later today assigned.
|3/29/2016||House||Speaker laid before the House
Subsequently, the Bill and accompanying papers were INDEFINITELY POSTPONED.
In NON-CONCURRENCE and sent for concurrence.
ORDERED SENT FORTHWITH.
|3/30/2016||Senate||On motion by Senator ROSEN of Hancock The Senate RECEDED and CONCURRED With INDEFINITE POSTPONEMENT of Bill and accompanying papers
Placed in Legislative Files (DEAD).
An Act To Create Community Substance Abuse Programs
Sec. 1. 17-A MRSA 1107-A, sub- 6 is enacted to read:
For a person sentenced under this subsection, the court shall suspend the entire term of imprisonment and sentence the person to a period of probation of not less than one year but no more than the maximum sentence authorized for the crime.
Sec. 2. 17-A MRSA 1201, sub- 1, A-1, as amended by PL 2013, c. 194, 11, is further amended to read:
(1) A Class D or Class E crime relative to which, based upon both the written agreement of the parties and a court finding, the facts and circumstances of the underlying criminal episode giving rise to the conviction generated probable cause to believe the defendant had committed a Class A, Class B or Class C crime in the course of that criminal episode and, as agreed upon in writing by the parties and found by the court, the defendant has no prior conviction for murder or for a Class A, Class B or Class C crime and has not been placed on probation pursuant to this subparagraph on any prior occasion;
(2) A Class D crime that the State pleads and proves was committed against a family or household member or a dating partner under chapter 9 or 13 or section 554, 555 or 758. As used in this subparagraph, “family or household member” has the same meaning as in Title 19-A, section 4002, subsection 4; “dating partner” has the same meaning as in Title 19-A, section 4002, subsection 3-A;
(2-A) A Class D crime under Title 5, section 4659, subsection 1, Title 15, section 321, subsection 6 or Title 19-A, section 4011, subsection 1;
(3) A Class D or Class E crime in chapter 11 or 12;
(4) A Class D crime under section 210-A;
(4-A) A Class E crime under section 552;
(5) A Class D or Class E crime under section 556, section 854, excluding subsection 1, paragraph A, subparagraph (1), or section 855;
(6) A Class D crime in chapter 45 relating to a schedule W drug;
(7) A Class D or Class E crime under Title 29-A, section 2411, subsection 1-A, paragraph B;
(8) A Class D crime under Title 17, section 1031; or
(10) A Class E crime under Title 15, section 1092, subsection 1, paragraph A, if the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) and the underlying crime involved domestic violence . ; or
(11) A Class D or Class E crime under section 1107-A.
Sec. 3. 17-A MRSA 1204, sub- 2-B is enacted to read:
Sec. 4. 30-A MRSA 1659-B is enacted to read:
1659-B. Community substance abuse program
Sec. 5. 34-A MRSA 1206-B is enacted to read:
1206-B. Certification of community substance abuse program
This bill requires a court to sentence a person who is convicted of unlawful possession of a scheduled drug to a definite term of imprisonment but suspend all of the sentence if the person has no prior convictions for certain drug-related offenses or other specified crimes, such as assault or sexual assault. The person must be sentenced to a definite term of probation with the condition that the person successfully complete a community substance abuse program.
This bill specifies that probation may be imposed for a Class D or Class E crime of unlawful possession of a scheduled drug.
This bill requires each county sheriff to establish a community substance abuse program at that sheriff’s regional or county jail. Programs are administered by the counties and must meet certification standards established by the Department of Corrections by rule. The bill establishes the Community Substance Abuse Fund to annually reimburse counties for the cost of the community substance abuse programs that meet the department’s certification requirements.
A person participating in a program must comply with certain requirements in order to successfully complete the program, including submitting to electronic monitoring and daily testing for illegal drug and alcohol use, and must participate in the program for 12 months. If a person fails to successfully complete the program, the court is required to revoke the probation for that person and that person must serve the unsuspended portion of the sentence in the custody of the Department of Corrections.
Pattern of Cosponsorship by Region:
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Pattern of Cosponsorship by Campaign Finance Classification:
Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.
This information about LD 1674 was last updated on 2016-05-13.
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