{"data":{"id":"us-me/17-a-m.r.s.-2309","jurisdiction":"us-me","citation":"17-A M.R.S. §2309","heading":"Discretionary deductions based on conduct and participation for individual who committed crime on or after October 1, 1995 but before August 1, 2004","body":"1.\nApplication.\nThis 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.\n2.\nCommitment to Department of Corrections or jail; discretionary 5 days per month deduction.\nFor an individual who committed a crime on or after October 1, 1995, but before August 1, 2004, and is in the custody of the Department of Corrections or a jail in execution of a sentence of imprisonment for that crime, up to 5 days per calendar month may be deducted from that sentence, calculated from the date of its commencement, if that individual's conduct, participation in programs and fulfillment of assigned responsibilities during that calendar month are such that the deduction is determined to be warranted in the discretion of the chief administrative officer of the correctional facility or the jail administrator.\nDeductions under this subsection must be calculated as follows for partial calendar months:\nDays of partial month | Maximum deduction available\n1 to 6 days | up to 1\n7 to 12 days | up to 2\n13 to 18 days | up to 3\n19 to 24 days | up to 4\n25 to 31 days | up to 5\n3.\nWithdrawal of discretionary deductions.\nAny portion of the time deducted from the sentence of an individual pursuant to subsection 2 may be withdrawn by the chief administrative officer of the correctional facility for a disciplinary offense or for the violation of any law of the State in accordance with Title 34‑A, section 3032 and the rules adopted under that section or by the jail administrator in accordance with jail disciplinary procedures. Deductions may be withdrawn for months already served or yet to be served by the individual up to and including the maximum authorized for that sentence.\n4.\nRestoration of discretionary deductions.\nThe chief administrative officer of the correctional facility or the jail administrator may restore any portion of deductions that have been withdrawn under subsection 3 if the individual's later conduct, participation in programs and fulfillment of assigned responsibilities are such that the restoration is determined to be warranted in the discretion of the chief administrative officer or jail administrator.\n5.\nCalculation of deduction for work in excess of 8 hours.\nThe Commissioner of Corrections or the sheriff may establish policy and guidelines for crediting hours of participation in work in excess of 8 hours in a day toward another day for the purpose of calculating deductions from a sentence under subsection 2.\n6.\nCalculation of deductions following imposition of new or revised sentence of imprisonment for same offense.\nWhen a judgment of conviction involving a term of imprisonment is vacated or a sentence involving a term of imprisonment is revised or reviewed and a new sentence involving a term of imprisonment is thereafter imposed upon the individual for the same offense, the day-for-day deduction must be accorded on the new sentence both for each day the individual served in execution of the initial sentence pursuant to section 2302, subsection 1 and for all previously earned deductions specified in subsection 2 and Title 30‑A, section 1606. Prior to the day-for-day deduction being given on the new sentence, the new sentence must be reduced by any deductions specified in section 2305 previously or subsequently received. The deductions applied to the new sentence must be calculated in accordance with this section.","path":["TITLE 17-A: MAINE CRIMINAL CODE","PART 7: ADMINISTRATION OF IMPOSED SENTENCES OF IMPRISONMENT","CHAPTER 81: ADMINISTRATION OF IMPOSED SENTENCES OF IMPRISONMENT"],"source_url":"https://legislature.maine.gov/statutes/17-A/title17-Asec2309.html","current_through":"January 1, 2026","vintage":"","retrieved_at":"2026-09-04T15:12:28Z","sha256":"e991ed1356b5e101ee95f2374720744891b05b3220c354e709c32dae85aafe6d","source_id":"us-me","stale":false,"prev":"us-me/17-a-m.r.s.-2308","next":"us-me/17-a-m.r.s.-2310"},"notice":"GroundRules: Original legal text. Not legal advice."}
