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ME LD268

ME LD268
An Act to Restore Sentencing Discretion to the Judiciary by Removing Mandatory Minimum Sentences of Incarceration


summary

Introduced
01/23/2025
In Committee
01/23/2025
Crossed Over
Passed
Dead
05/07/2025

Introduced Session

132nd Legislature

Bill Summary

This bill provides for the exercise of judicial discretion beginning January 1, 2026 to change all mandatory terms of imprisonment for persons sentenced beginning on that date to maximum terms of imprisonment. The bill applies to all Titles of the Maine Revised Statutes. The bill directs the Criminal Law Advisory Commission to review the Maine Revised Statutes and compile a list of all provisions that require a court of this State in sentencing a person for a violation of law to impose a mandatory term of imprisonment. The Criminal Law Advisory Commission is required to submit a report by December 3, 2025 to the Joint Standing Committee on Criminal Justice and Public Safety listing all provisions of all Titles in the Maine Revised Statutes that require the court to impose a mandatory term of imprisonment and providing proposed language to change the mandatory term of imprisonment into a maximum term of imprisonment as determined in the discretion of the court. After receiving and reviewing the report of the Criminal Law Advisory Commission, the Joint Standing Committee on Criminal Justice and Public Safety may introduce legislation related to the report to the Second Regular Session of the 132nd Legislature.

AI Summary

This bill aims to restore judicial discretion in sentencing by removing mandatory minimum prison terms across all titles of Maine's Revised Statutes, effective January 1, 2026. Specifically, the legislation will require courts to exercise judicial discretion when sentencing, allowing judges to impose prison terms that may be shorter than previously mandated minimum sentences. The bill directs the Criminal Law Advisory Commission to conduct a comprehensive review of all state statutes that currently require mandatory imprisonment and compile a detailed report by December 3, 2025, which will list these provisions and propose alternative language that would convert mandatory minimum sentences to maximum sentences determined at the court's discretion. Following the commission's report, the Joint Standing Committee on Criminal Justice and Public Safety may introduce related legislation during the Second Regular Session of the 132nd Legislature, potentially further refining the approach to sentencing reform. The overall intent is to provide judges with more flexibility in determining appropriate sentences based on the specific circumstances of each case, moving away from the rigid mandatory minimum sentencing approach.

Committee Categories

Justice

Sponsors (4)

Last Action

Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD) (on 05/07/2025)

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