§ 17-A §1602 — Sentencing procedure

1.
Class A, Class B or Class C crimes.
In imposing a sentencing alternative pursuant to section 1502 that includes a term of imprisonment for a Class A, Class B or Class C crime, in setting the appropriate length of that term as well as any unsuspended portion of that term accompanied by a period of probation or administrative release, the court shall employ the following 3-step process.
2.
Crime of murder.
In imposing a sentence pursuant to section 1603 for the crime of murder, the court shall employ only the first 2 steps of the sentencing process as specified in subsection 1, paragraphs A and B.
3.
Imposition of supervised release after imprisonment for violation of gross sexual assault.
When the court imposes a period of supervised release after imprisonment for a violation of section 253, subsection 1, paragraph C as required by section 1881, subsection 1 or chooses to impose a period of supervised release after imprisonment for any other violation of section 253, as authorized by section 1881, subsection 2, the court, after employing the first 2 steps of the sentencing process as specified in subsection 1, paragraphs A and B, shall determine the appropriate period of supervised release to follow the maximum term of imprisonment.
4.
Class D or Class E crimes.
In imposing a sentencing alternative for a Class D or Class E crime pursuant to section 1502 that is contested by the parties and setting the appropriate length of that term as well as any unsuspended portion of that term accompanied by a period of probation or administrative release, the court shall consider all relevant sentencing factors, both aggravating and mitigating, appropriate to the case. Relevant sentencing factors include, but are not limited to, the character of the individual, the individual's criminal history, the effect of the offense on the victim, the effect of the potential sentencing alternative on those relying on the individual as a primary caregiver and the protection of the public interest.
5.
Primary caregiver defined.
As used in this section, "primary caregiver" means an individual who has the greatest responsibility for the care of a minor, a dependent person or an incapacitated adult as defined by Title 22, section 3472, subsection 10.

Legislative History

PL 2019, c. 113, Pt. A, §2 (NEW). PL 2025, c. 402, §§1-3 (AMD). PL 2025, c. 420, §1 (AMD).