APPROVED CHAPTER
JUNE 23, 2021 338
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 309 - L.D. 957
An Act To Authorize Expanded Deferred Disposition Requirements
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1902, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is
amended to read:
1. Authority of court to order deferment and impose requirements;
administrative supervision fee. Following the acceptance of a plea of guilty for a crime
for which a person is eligible for a deferred disposition under section 1901, the court may
order sentencing deferred to a date certain or determinable and impose requirements upon
the person, to be in effect during the period of deferment, considered by the court to be
reasonable and appropriate to assist the person to lead a law-abiding life. The court-
imposed deferment requirements may include a requirement that the person participate for
a specified number of days in a program run by a county sheriff that may involve overnight
housing, community service work and education. The court-imposed deferment
requirements must include a requirement that the person refrain from criminal conduct and
may include a requirement that the person pay to the appropriate county an administrative
supervision fee of not more than $50 per month, as determined by the court, for the term
of the deferment. In determining the amount of the fee, the court shall take into account
the financial resources of the person and the nature of the burden its payment imposes. In
exchange for the deferred sentencing, the person shall abide by the court-imposed
deferment requirements. Unless the court orders otherwise, the requirements are
immediately in effect.
Sec. 2. 30-A MRSA §1606, sub-§1, as amended by PL 2011, c. 506, §1, is further
amended to read:
1. Participation in public works projects authorized. The sheriff in charge of a
county jail, or the sheriff of a county that shares a regional jail with other counties, may
permit certain inmates of that jail, as well as others required to do so pursuant to Title 17-A,
section 1902, subsection 1, to participate in public works-related projects or in the
improvement of property owned by charitable organizations in that county or another
county. A project or improvement must be supervised by the sheriff of the county in which
the project or improvement is being conducted. The sheriff may request payment from
Page 1 - 130LR1359(03)
charitable organizations for the transportation of the prisoners and for the transportation
and per diem compensation for any guards who accompany the prisoners. For the purposes
of this section, "charitable organization" means any nonprofit organization organized or
incorporated in this State or having a principal place of business in this State that is exempt
from federal income taxation under the United States Internal Revenue Code of 1986,
Section 501(a), because the nonprofit organization is described in the United States Internal
Revenue Code of 1986, Section 501(c)(3).
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Statutes affected:
Bill Text LD 957, SP 309: 17-A.1902, 30-A.1606
Bill Text ACTPUB , Chapter 338: 17-A.1902, 30-A.1606