An Act To Protect Children in Public Schools by Notifying All School Personnel of Sex Offenders Residing, Working or Attending School in the School District
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §3308, sub-§7, ¶D, as amended by PL 1997, c. 752, §15 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
D.
When a juvenile who is adjudicated of a juvenile crime that if committed by an adult would be gross sexual assault under Title 17-A, section 253, subsection 1 is committed to a Department of Corrections juvenile correctional facility or placed on probation, the Department of Corrections shall provide, while the juvenile is committed or on probation, a copy of the juvenile's judgment and commitment to the Department of Health and Human Services, to all law enforcement agencies that have jurisdiction in those areas where the juvenile may reside, work or attend school and to the superintendent of any school system in which the juvenile attends school during the period of commitment or probation. The Department of Corrections shall provide a copy of the juvenile's judgment and commitment to all licensed and registered day-care facility operators located in the municipality where the juvenile resides, works or attends school during the period of commitment or probation. Upon request, the Department of Corrections shall also provide a copy of the juvenile's judgment and commitment to other entities that are involved in the care of children and are located in the municipality where the juvenile resides, works or attends school during the period of commitment or probation. The Department of Corrections may provide a copy of the juvenile's judgment and commitment to any other agency or person whom the Department of Corrections determines is appropriate to ensure public safety. Neither the failure of the Department of Corrections to perform the requirements of this paragraph nor compliance with this paragraph subjects the Department of Corrections or its employees to liability in a civil action. Notwithstanding any confidentiality provisions in this chapter or in Title 20-A, section 1055, a superintendent who receives information pursuant to Title 34-A, section 11255, subsection 3 regarding a student who has been adjudicated of a juvenile crime that if committed by an adult would be gross sexual assault under Title 17-A, section 253, subsection 1 shall provide notice of the adjudication to all parents and guardians of students who are enrolled at the same school as that adjudicated juvenile.
Sec. 2. 20-A MRSA §1055, sub-§13 is enacted to read:
13. Notification to parents and guardians. Notwithstanding the confidentiality provisions of this section, the superintendent, pursuant to Title 15, section 3308, subsection 7, paragraph D, shall notify all parents and guardians of students enrolled in a school of the adjudication of any juvenile who is enrolled in that school and whose adjudication is for a juvenile crime that if committed by an adult would be gross sexual assault under Title 17-A, section 253, subsection 1.
Sec. 3. 34-A MRSA §11255, sub-§3 is enacted to read:
3. Notification to schools. In addition to other notification requirements of this section, upon receipt of the information concerning the conditional release or discharge of a registrant pursuant to section 11254, subsection 2, a law enforcement agency shall notify the superintendent of a school in a school district where a registrant is residing, working or attending school. The law enforcement agency shall notify the superintendent of all information under section 11254, subsection 1. Notwithstanding the confidentiality provisions of Title 20-A, section 1055, upon receipt of that information, the superintendent shall provide that information to all teachers and other school personnel.
summary
This bill expands notification requirements to schools and families regarding persons convicted of sex offenses. The bill requires that a law enforcement agency notify the superintendent of a school in a school district where a registered offender is residing, working or attending school. Upon receipt of that information, notwithstanding any confidentiality laws, the superintendent shall provide that information to all teachers and other school personnel. The bill also requires that a superintendent provide notice of any adjudication for a juvenile crime that if committed by an adult would be gross sexual assault to all parents and guardians of students enrolled in the same school as the adjudicated juvenile.