Title 17-A, Title 17-A

An offender's obligation to pay restitution is not affected by the death of the victim to whom the restitution is due. The money collected as restitution must be forwarded to the estate of the victim. If an offender is an heir, beneficiary or recipient of the victim's estate, any…

If the location of a victim cannot, with due diligence, be ascertained, the money collected as restitution must be forwarded to the Treasurer of State to be handled as unclaimed property.

If the victim's financial loss has been caused by more than one offender, the order must designate that the restitution is to be paid on a joint and several basis, unless the court specifically determines that one defendant should not equally share the burden. The agency collecti…

An offender is responsible for paying any restitution outstanding at the time the term of commitment to the Department of Corrections or period of probation is completed. An offender who has complied with the time and method of payment of restitution determined by the Department …

Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the victim against the offender based on the same facts. If the restitution ordered and made was work restitution, the reasonable value of the services may be de…

If, in any judicial proceeding following conviction, a court issues a final judgment invalidating the conviction, the judgment may include an order that any or all of a restitution payment that the convicted person paid pursuant to the sentence for that conviction be returned to …

A convicted person who cannot make restitution payments in the manner ordered by the court or determined by the Department of Corrections pursuant to section 2006 shall move the court for a modification of the time or method of payment or service to avoid a default. The court may…

1. Return to court. An offender who has been sentenced to make restitution and has defaulted in payment or service thereof must be returned to court to explain the failure to pay or perform the service. 2. Reports. A probation officer having knowledge of a default in restitution …

1. Work program; payment of restitution and fines. A prisoner who has been ordered to pay restitution or fines may not be released pursuant to a work program administered by the Department of Corrections under Title 34‑A, section 3035, or a sheriff under Title 30‑A, section 1605,…

If a defendant at the time of sentencing has consented to the imposition by the sentencing court of a specific amount of restitution, the defendant is thereafter precluded from seeking to attack the legality or propriety of the amount of restitution ordered if that amount does no…

When compensation is awarded from the Victims' Compensation Fund pursuant to Title 5, chapter 316‑A or the Victims' Property Compensation Fund pursuant to Title 5, chapter 316‑C, the amount of any restitution ordered to be paid to or for the benefit of the victim and collected as…

Upon the request of the attorney for the State or a person entitled to restitution under an order of restitution, the clerk shall enter the order of restitution in the same manner as a judgment in a civil action. When entered under this section, the order of restitution is deemed…

The court may sentence an individual convicted of a Class D or Class E crime to perform a specified number of hours of community service work for the benefit of the State, a county, a municipality, a school administrative unit or other public entity, a charitable institution or a…

An individual who has been sentenced to perform a specified number of hours of community service work pursuant to section 2031 and who is in danger of default for failing to complete the work in the manner ordered by the court shall move the court for a modification to avoid the …

1. Return to court. An individual who has been sentenced to perform community service work pursuant to section 2031 and fails to complete the specified number of hours of work in the manner ordered by the court must be returned to the court to explain the failure. 2. Report of fa…

The court shall sentence a convicted person to an unconditional discharge if the court determines that no other authorized sentencing alternative is appropriate punishment and the convicted person is: [PL 2019, c. 113, Pt. A, §2 (NEW).] 1. Eligible for probation. Eligible for the…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 113, Pt. A, §2 (NEW).] 1. Crime. "Crime" means a criminal offense in which, as defined, there is a victim. 2. Victim. "Victim" means: A. A person who is …

1. Information provided to victim. The attorney for the State shall make a good faith effort to inform each victim of the following: A. The details of a plea agreement, including a deferred disposition, before it is submitted to the court; [PL 2019, c. 113, Pt. A, §2 (NEW).] B. T…

When a plea agreement is submitted to the court pursuant to the Maine Rules of Unified Criminal Procedure, Rule 11A(b), the attorney for the State shall disclose to the court any and all attempts made to notify each victim of the plea agreement and any objection to the plea agree…

1. Participation by victim. The victim must be provided the opportunity to participate at sentencing by: A. Making an oral statement in open court; or [PL 2019, c. 113, Pt. A, §2 (NEW).] B. Submitting a written statement to the court either directly or through the attorney for th…

When the attorney for the State receives notice of a motion seeking early termination of probation or early termination of administrative release or seeking to convert probation to administrative release, the attorney for the State shall disclose to the court any attempts made to…

Upon complying with subsection 1, a victim of a crime of murder or of a Class A, Class B or Class C crime or of a Class D crime under chapters 9, 11 and 12 for which the defendant is committed to the Department of Corrections or to a county jail or is committed to the custody of …

1. Contact information for victim of certain crimes. In the case of an alleged crime involving domestic violence, sexual assault under chapter 11 or stalking, the arresting law enforcement officer shall obtain the victim's contact information and provide that information to the j…

1. General rule of confidentiality. Records that pertain to a victim's current address or location or that contain information from which a victim's current address or location could be determined must be kept confidential, subject to disclosure only as authorized in this section…

The following communications are privileged from disclosure. [PL 2019, c. 113, Pt. A, §2 (NEW).] 1. To sexual assault counselor. Communications by a victim, as described in Title 16, section 53‑A, subsection 2, to a sexual assault counselor, as defined in Title 16, section 53‑A, …

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 113, Pt. A, §2 (NEW).] 1. Family or household member. "Family or household member" has the same meaning as in Title 19‑A, section 4102, subsection 6. 1-A…

1. Deduction for each day in execution of sentence of imprisonment. An individual committed to the custody of the Department of Corrections or a jail whose sentence of imprisonment has commenced pursuant to section 2303 must receive a day-for-day deduction from that individual's …

1. Commitment to Department of Corrections. The sentence of imprisonment of an individual committed to the custody of the Department of Corrections to serve that sentence commences on the date on which that individual is received into the correctional facility designated as the i…

At the time of sentencing, the sheriff or the sheriff's designee shall notify the Commissioner of Corrections or the commissioner's designee that an individual has been committed to the Department of Corrections and shall inquire as to the correctional facility to which the indiv…

1. Deductions for detention permitted. An individual sentenced to imprisonment who has been detained for the conduct for which that sentence is imposed while awaiting trial, during trial, post-trial while awaiting sentencing or post-sentencing prior to the date on which the sente…

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 subsequ…

1. Application. The provisions of this section apply only to an individual who, on or after August 1, 2004, commits a crime and is sentenced to imprisonment for that crime, except for the following: A. Murder; [PL 2019, c. 113, Pt. A, §2 (NEW).] B. A crime listed under chapter 11…

1. Application. The provisions of this section apply only to an individual who commits on or after August 1, 2004 one or more of the following crimes and is sentenced to imprisonment for that crime: A. Murder; [PL 2019, c. 113, Pt. A, §2 (NEW).] B. A crime listed under chapter 11…

1. Application. This section applies only to an individual who committed a crime on or after October 1, 1995 but before August 1, 2004 and was sentenced to imprisonment for that crime. 2. Commitment to Department of Corrections or jail; discretionary 5 days per month deduction. F…

1. Application. This section applies only to an individual who committed a crime on or after May 1, 1976 but before October 1, 1995 and who was sentenced on or after October 1, 1983 to imprisonment for that crime. 2. Deduction for individual sentenced to imprisonment for more tha…

1. Application. This section applies only to an individual who committed a crime on or after May 1, 1976 but before October 1, 1995 and who was sentenced prior to October 1, 1983 to imprisonment for that crime. 2. Deductions based on law in effect at time of offense. Unless other…

1. Revocation of probation or administrative release by court before conviction and sentence for new criminal conduct. An individual whose probation or administrative release is revoked by a court for new criminal conduct must receive a deduction for the time the individual serve…

An individual convicted of an offense committed prior to May 1, 1976 and sentenced under the law then in effect may elect to have that individual's parole eligibility calculated using the deductions based on conduct and participation available to individuals sentenced under this …

1. Unconditional release and discharge. An individual committed to the custody of the Department of Corrections or a jail in execution of a sentence of imprisonment must be unconditionally released and discharged upon the expiration of that individual's sentence, as determined af…