LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
402
JUNE 22, 2025 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 112 - L.D. 246
An Act to Establish the Option of Sentencing Alternatives for Primary
Caregivers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1602, sub-§1, ¶B, as enacted by PL 2019, c. 113, Pt. A, §2,
is amended to read:
B. Second, the court shall determine the maximum term of imprisonment to be
imposed by considering all other relevant sentencing factors, both aggravating and
mitigating, appropriate to the case. Relevant sentencing factors include, but are not
limited to, the character of the individual, the individual's criminal history, the effect
of the offense on the victim, the effect of the potential term of imprisonment on those
relying on the individual as a primary caregiver and the protection of the public interest.
Sec. 2. 17-A MRSA §1602, sub-§4 is enacted to read:
4. Class D or Class E crimes. In imposing a sentencing alternative for a Class D or
Class E crime pursuant to section 1502 that is contested by the parties and setting the
appropriate length of that term as well as any unsuspended portion of that term
accompanied by a period of probation or administrative release, the court shall consider all
relevant sentencing factors, both aggravating and mitigating, appropriate to the case.
Relevant sentencing factors include, but are not limited to, the character of the individual,
the individual's criminal history, the effect of the offense on the victim, the effect of the
potential sentencing alternative on those relying on the individual as a primary caregiver
and the protection of the public interest.
Sec. 3. 17-A MRSA §1602, sub-§5 is enacted to read:
5. Primary caregiver defined. As used in this section, "primary caregiver" means an
individual who has the greatest responsibility for the care of a minor, a dependent person
or an incapacitated adult as defined by Title 22, section 3472, subsection 10.
Page 1 - 132LR0203(04)


Statutes affected:
Bill Text ACTPUB , Chapter 402: 17-A.1602