17-A §1263. Eligibility for imprisonment with intensive supervision - Maine Statutes

Title 17-A: MAINE CRIMINAL CODE

Part 3:

Chapter 52: INTENSIVE SUPERVISION

§1263. Eligibility for imprisonment with intensive supervision

1. No person may be sentenced to imprisonment with intensive supervision pursuant to section 1262, unless:

A. He petitions the court therefor; [1985, c. 821, §15 (NEW).]

B. The conviction is for a Class A, Class B or Class C crime, excluding the following:

(1) Sections 755, 756 and 757; and

(2) Any sentence controlled by section 1252, subsections 4 and 5, unless the defendant is sentenced to a term of imprisonment with at least 3 years unsuspended, with the last year of the unsuspended portion to be served with intensive supervision, provided that the conditions of subsection 2 are also met. The defendant may be sentenced to imprisonment with intensive supervision under this subparagraph regardless of whether the defendant petitions the court or otherwise agrees to imprisonment with intensive supervision; [1989, c. 728, §2 (AMD).]

C. The sentence imposed conforms to the requirements of section 1262 and would, in any case, have been a split sentence under section 1203, subsection 1-A, with commitment under both portions of the sentence to the Department of Corrections; [1999, c. 788, §10 (AMD).]

D. The Department of Corrections recommends that the defendant be sentenced pursuant to this chapter; and [1985, c. 821, §15 (NEW).]

E. The court determines:

(1) That sentencing the defendant to imprisonment with intensive supervision can be done without exceeding the ratio of prisoners to Intensive Supervision Program officers of 25 to 2;

(2) That, where appropriate, the program is consistent with the defendant's vocational, educational, social, familial and other needs; and

(3) That the defendant is suitable for the program. [1985, c. 821, §15 (NEW).]

2. A person convicted of violating a law that expressly provides that the fine or imprisonment penalty it authorizes may not be suspended may not be sentenced to imprisonment with intensive supervision pursuant to section 1262, unless the penalty that may not be suspended is also imposed. If the penalty that may not be suspended is one of imprisonment, then that penalty must be served in institutional confinement as part of and at the beginning of the initial unsuspended term with the intensive supervision applying to the final portion of the initial unsuspended term.

[ 1989, c. 728, §3 (NEW) .]

SECTION HISTORY

1985, c. 821, §15 (NEW). 1989, c. 728, §§2,3 (AMD). 1999, c. 788, §10 (AMD). 1999, c. 788, §10 (AMD).