1. Time detained for failure to appear for a default hearing. An individual arrested and detained for failing to appear for a hearing to explain nonpayment of a fine, a county jail reimbursement fee or restitution or to explain nonperformance of community service work who subsequently is committed by the court conducting the default hearing to the custody of a jail for an unexcused default must receive a day-for-day deduction from the length of the confinement specified in the court’s order for each day detained as a result of the arrest pursuant to section 1711, subsection 4; section 2015, subsection 3; or section 2033, subsection 6.

[PL 2021, c. 591, §3 (AMD).]

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Terms Used In Maine Revised Statutes Title 17-A Sec. 2306

  • Arrest: Taking physical custody of a person by lawful authority.
  • Jail: means a county or regional jail. See Maine Revised Statutes Title 17-A Sec. 2301
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. Arrest and detention pending probation or administrative release revocation proceeding. If an individual is detained in a correctional facility, mental health institute or jail pending a probation or administrative release revocation proceeding and is not in execution of any other sentence of confinement, that period of detention must be deducted from the time the individual is required to serve under that portion of the sentence for which the suspension of execution was vacated as a result of the probation or administrative release revocation. An individual who is simultaneously detained for conduct for which the individual receives a consecutive term of imprisonment is not entitled to receive a day-for-day deduction from the consecutive term of imprisonment for the period of simultaneous detention except for any period of detention that is longer than the term of imprisonment to be served prior to the consecutive sentence.

[PL 2019, c. 113, Pt. A, §2 (NEW).]

SECTION HISTORY

PL 2019, c. 113, Pt. A, §2 (NEW). PL 2021, c. 591, §3 (AMD).