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LD 246

An Act To Establish The Option Of Sentencing Alternatives For Primary Caregivers

132nd Legislature (2025-2026) Introduced by Anne Carney and 6 co-sponsors

Courts can impose sentencing alternatives for defendants who are primary caregivers, allowing caregiver status to influence sentencing decisions.

Became Law without Governor's Signature
#criminalprocedure #primarycaretakers #sentences
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Bill Summary · LD 246

Summary — LD 246: An Act To Establish The Option Of Sentencing Alternatives for Primary Caregivers

Status: Became law without Governor’s signature (enacted June 22, 2025)
Introduced: January 21, 2025
Committee: Judiciary
Final legislative votes: House 74–67 (with amendment); Senate 20–14 (with amendment)
Fiscal impact: Minor General Fund cost increase; Department of Corrections costs expected to be absorbable within existing budgets

Purpose and intent

The bill’s stated purpose is to give courts an explicit option to impose sentencing alternatives for defendants who are primary caregivers. The policy objective is to allow consideration of caregiving responsibilities when determining appropriate sentences, so that the needs of dependent children or other household members can be weighed alongside public safety, punishment, deterrence and rehabilitation goals.

Key provisions (high level)

The available legislative record indicates LD 246 does the following:
- Establishes, in statute, the option for courts to consider and impose sentencing alternatives when a defendant is a “primary caregiver.”
- Includes (by reference to the enacted bill and its Committee Amendment A, S‑253) criteria or processes by which caregiver status may be determined and considered at sentencing.
- Leaves implementation details (definitions, eligibility criteria, types of permissible alternatives, required judicial findings, and any monitoring or program requirements) to the enacted statutory language in the bill as amended.

Note: The legislative documents provided for this summary do not include the bill’s full text or the exact language of Committee Amendment A (S‑253). For precise statutory language (definitions, scope, and any limits or requirements), consult the final enrolled law or the bill text on the Maine Legislature website (LD 246, amendment S‑253).

Who is affected

  • Defendants: Individuals charged and convicted of crimes who are identified as primary caregivers for children or other dependents may become eligible for alternative sentences rather than traditional incarceration.
  • Dependents and households: Children and other persons who rely on a primary caregiver may experience continuity of care when caregiver sentencing alternatives are used.
  • Courts and judges: Will have an added statutory option to consider caregiving status in sentencing decisions and (potentially) to make required findings on the record.
  • Corrections and community supervision agencies: May see changes in caseload composition and service delivery (e.g., supervised community-based sentences, program referrals).
  • Social service and treatment providers: May be called upon more often to provide community-based programs, services, or monitoring that serve as alternatives to incarceration.

Fiscal and administrative impact

Two fiscal notes, approved March 18, 2025 and June 5, 2025, conclude that the bill would cause a minor increase in General Fund costs. Any additional costs to the Department of Corrections are expected to be minor and absorbable within current budgets.

Legislative history and procedural notes

  • Referred to Judiciary Committee (Jan 21, 2025).
  • Work session and divided committee report (March 12, 2025). Bill carried over to next session (March 21).
  • Committee Amendment A (S‑253) was adopted in both chambers (Senate June 4; House June 5).
  • Passed both chambers (House 74–67; Senate 20–14).
  • Became law without the Governor’s signature on June 22, 2025.

Where to find the full text

For the precise statutory changes, eligibility rules, and procedural requirements enacted by LD 246 (including Committee Amendment A, S‑253), review the enrolled bill and final law text on the Maine Legislature’s website or contact the Legislative Reference Office.

Compiled from official sources — confirm details with the bill’s official record.

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