LD 1496
pg. 1
LD 1496 Title Page An Act To Amend the Maine Juvenile Code Page 2 of 3
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LR 1963
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §1102, as amended PL 2001, c. 667, Pt. A, §31, is
repealed.

 
Sec. 2. 15 MRSA §3003, sub-§14-B, ¶B, as amended by PL 1999, c. 624,
Pt. B, §2 and PL 2001, c. 439, Pt. G, §6, is further amended
to read:

 
B. To provide appropriate services to juveniles committed
to the Long Creek Youth Development Center a Department of
Corrections juvenile correctional facility who are on
leave or in the community on aftercare; and

 
Sec. 3. 15 MRSA §3203-A, sub-§4-A is enacted to read:

 
4-A.__Probable cause determination.__Except in a bona fide
emergency or other extraordinary circumstance, when a juvenile
arrested without a warrant is not released or does not receive
a detention hearing under subsection 5 within 48 hours after
arrest, including Saturdays, Sundays and legal holidays, the
Juvenile Court shall determine, within that time period,
whether there is probable cause to believe that the juvenile
has committed a juvenile crime.__Evidence presented to
establish such probable cause may include testimony,
affidavits and other reliable hearsay evidence as permitted by
the court.__If the evidence does not establish such probable
cause, the court shall order the juvenile's discharge from
detention.

 
Sec. 4. 15 MRSA §3203-A, sub-§5, ¶C, as repealed and replaced by PL
1999, c. 127, Pt. A, §32 and c. 260, Pt. A, §5, is amended to
read:

 
C. Continued detention may not be ordered unless the
Juvenile Court has determined pursuant to subsection 4-A
or determines at the detention hearing that there is
probable cause to believe that the juvenile has committed
a juvenile crime.

 
Sec. 5. 15 MRSA §3203-A, sub-§6, as amended by PL 1993, c. 675, Pt.
B, §13, is further amended to read:

 
6. Availability of judges. The Chief Judge of the District
Court shall provide that a Juvenile Court Judge is available
to make the probable cause determination described in
subsection 4-A on all days including Saturdays, Sundays and
legal holidays. The Chief Judge of the District Court shall
provide that a Juvenile Court Judge is available to preside at
the detention hearing, described in subsection 5, on all days
except Saturdays, Sundays and legal holidays.


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