17-A §1262. Sentences of imprisonment with intensive supervision
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 52: INTENSIVE SUPERVISION
§1262. Sentences of imprisonment with intensive supervision
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 be for 6 months or more, to be served with intensive supervision, and the remainder, which shall not be less than one year, suspended with probation, as authorized by chapter 49. As to both the initial unsuspended portion and the suspended portion, the court shall commit the person to the Department of Corrections. If the initial unsuspended portion is for more than 6 months, intensive supervision shall apply only to the final portion of the initial unsuspended term, with the intensive supervision portion ranging from 6 to 18 months. That portion of the initial unsuspended term not to be served on intensive supervision shall be served in institutional confinement.
[ 1987, c. 672, (AMD) .]
2. The initial unsuspended portion of the term of imprisonment shall be followed by a period of probation, which is to commence upon completion of the initial unsuspended portion of the term of imprisonment unless the court orders that it shall commence on an earlier date. As provided in chapter 49, the court may revoke probation for any criminal conduct committed at any time during the initial unsuspended portion of the term of imprisonment.
[ 1985, c. 821, §15 (NEW) .]
3. In any prosecution for a crime committed prior to the effective date of this chapter, the court may, with the consent of the defendant, impose sentence under subsection 1, if the defendant is otherwise eligible under section 1263; except that no person sentenced prior to the effective date of this chapter is eligible for sentencing under subsection 1.
[ 1985, c. 821, §15 (NEW) .]
4. During the initial unsuspended term not served on intensive supervision, if the defendant violates the criminal law or is otherwise determined to no longer be suitable for participation in the Intensive Supervision Program or the Intensive Supervision Program is determined to no longer be suitable for the defendant, the Department of Corrections shall petition the court to require the defendant to serve in institutional confinement the remaining portion of the unsuspended term of imprisonment including that which was to have been served on intensive supervision. During the initial unsuspended term not served on intensive supervision, if the defendant's conduct does not conform to institutional rules, the Department of Corrections may petition the court to require the defendant to serve in institutional confinement the remaining portion of the unsuspended term of imprisonment including that which was to have been served on intensive supervision.
[ 1991, c. 133, §2 (AMD) .]
4-A. If, while on the Intensive Supervision Program, a prisoner is convicted of another crime, that person is no longer suitable for participation in the Intensive Supervision Program and the Department of Corrections shall petition the court to require the prisoner to serve in institutional confinement the remaining portion of the unsuspended term that was to have been served in the Intensive Supervision Program.
[ 1991, c. 344, (NEW) .]
5. If, at the time the defendant is scheduled to be released to the Intensive Supervision Program, the ratio of prisoners to Intensive Supervision Program officers would exceed 25 to 2, the Department of Corrections shall petition the court to relieve it of its obligation to place the defendant in the Intensive Supervision Program until it can place the defendant in that program without exceeding the ratio of 25 to 2. If the court is satisfied that the ratio of 25 to 2 would be exceeded, it shall grant the motion relieving the department of that obligation. The department must place the defendant in the Intensive Supervision Program as soon as the ratio of 25 to 2 would not be exceeded and the placement shall occur even if the defendant would not then serve the full term of intensive supervision ordered by the court.
[ 1989, c. 113, §4 (AMD) .]
6.
[ 1991, c. 364, §2 (RP) .]
7. If, upon completion of the period of intensive supervision, the Department of Corrections, considering the supervision, guidance, assistance or direction that probation can provide, determines that probation should be reduced or terminated, it may, at any time, petition the court for reduction or early termination of probation in accordance with section 1202, subsection 3.
[ 1995, c. 502, Pt. F, §15 (AMD) .]
8. For any person eligible under section 1263, who has been sentenced after the effective date of this chapter to a split sentence of imprisonment without intensive supervision, the court may, upon motion of the department and with the consent of the defendant, modify that sentence to allow for intensive supervision if that sentence in all other respects satisfies subsection 1.
[ 1985, c. 821, §15 (NEW) .]
SECTION HISTORY
1985, c. 821, §15 (NEW). 1987, c. 672, (AMD). 1989, c. 113, §4 (AMD). 1991, c. 133, §2 (AMD). 1991, c. 344, (AMD). 1991, c. 364, §2 (AMD). 1995, c. 502, §F15 (AMD).