17-A §1264. Conditions of imprisonment with intensive supervision - Maine Statutes

Title 17-A: MAINE CRIMINAL CODE

Part 3:

Chapter 52: INTENSIVE SUPERVISION

§1264. Conditions of imprisonment with intensive supervision

1. If the defendant petitions for intensive supervision and the Department of Corrections recommends intensive supervision, the Department of Corrections shall include its recommendations for conditions for intensive supervision as a part of its presentence investigation report to the court. The mandatory conditions in subsection 2 must be included in the report.

[ 1985, c. 821, §15 (NEW) .]

2. The conditions of intensive supervision shall include the following:

A. A curfew during the hours of which the prisoner shall be at his residence as determined by an Intensive Supervision Program officer; [1985, c. 821, §15 (NEW).]

B. Travel or movement restrictions as determined by an Intensive Supervision Program officer limiting the prisoner's travel to times and places directly related to approved employment, formal education, job search, public service work or such other specific purposes approved in advance by an Intensive Supervision Program officer; [1985, c. 821, §15 (NEW).]

C. Searches of the prisoner's person, residence, papers and effects without a warrant and without probable cause, for items prohibited by law or by his conditions or otherwise subject to seizure, upon the request of any Intensive Supervision Program officer. The Department of Corrections may prohibit the prisoner from residing with anyone who does not consent to a search of his residence to the extent necessary to search the prisoner's person, residence, papers and effects; [1985, c. 821, §15 (NEW).]

D. That the prisoner not possess or use illegal drugs or other substances, and not abuse alcohol or any other legal substance; [1991, c. 845, §3 (AMD).]

E. That the prisoner submit to urinalysis, breath testing or other chemical tests without probable cause, at the request of any Intensive Supervision Program officer; [1985, c. 821, §15 (NEW).]

F. That the prisoner notify any law enforcement officer by whom he is stopped of his status as a prisoner on intensive supervision, and that he notify his Intensive Supervision Program officer within 12 hours of any such contact with any law enforcement officer; and [1985, c. 821, §15 (NEW).]

G. That the prisoner not violate state or Federal criminal law. [1985, c. 821, §15 (NEW).]

[ 1991, c. 845, §3 (AMD) .]

3. The conditions of intensive supervision may include the following:

A. Any condition which may be imposed as a condition of probation pursuant to section 1204; [1985, c. 821, §15 (NEW).]

B. Any condition which would be appropriate for the prisoner and the program. The conditions imposed may be as stringent or restrictive as, but not more stringent or restrictive than, those which may be constitutionally imposed if the prisoner were actually housed at a maximum security institution. [1985, c. 821, §15 (NEW).]

[ 1985, c. 821, §15 (NEW) .]

4. If the court sentences the defendant to imprisonment with intensive supervision, it shall impose the mandatory conditions in subsection 2 and may impose any additional conditions as provided in subsection 3, as recommended by the Department of Corrections or as determined by the court.

[ 1985, c. 821, §15 (NEW) .]

5. Prior to the completion of the Intensive Supervision Program, the court, upon petition by the Department of Corrections or on its own motion, may modify any discretionary condition imposed upon a prisoner, add a condition authorized by subsection 3 or terminate a discretionary condition imposed upon a prisoner.

[ 1985, c. 821, §15 (NEW) .]

6. The prisoner's Intensive Supervision Program officer may, at any time and in any manner he deems appropriate, investigate compliance with the conditions imposed. Such means may include, but may not be limited to, personal contact with the prisoner at his residence, place of employment or any other place; direct inquiry of the prisoner's employer, school or any other person; criminal, court and police agency checks; and credit and other financial inquiries.

[ 1985, c. 821, §15 (NEW) .]

7. If an Intensive Supervision Program officer has probable cause to believe the prisoner has committed the crime of escape, he shall file written notice of the prisoner's escape in the Superior Court in any county and the court may issue a warrant for the prisoner's arrest. Filing written notice of the prisoner's escape shall toll running of his sentence and no portion of the time between filing of the notice and the prisoner's return to custody in this State may be counted as any part of his sentence.

[ 1985, c. 821, §15 (NEW) .]

SECTION HISTORY

1985, c. 821, §15 (NEW). 1991, c. 845, §3 (AMD).