Sec. RR-1. 15 MRSA §3203-A, sub-§1, ¶B-1, as amended by PL 1993, c. 354, §1, is further amended to read:
B-1. When, in the judgment of a law enforcement officer, immediate secure detention is required to prevent a juvenile from imminently inflicting bodily harm on others or the juvenile, the officer may refer the juvenile for temporary, emergency detention in a jail or other secure facility intended or primarily used for the detention of adults approved pursuant to subsection 7, paragraph A or a facility approved pursuant to subsection 7, paragraph B, prior to notifying a juvenile caseworker. Such a facility may detain the juvenile for up to 2 hours on an emergency basis, provided that the law enforcement officer immediately notifies the juvenile caseworker and requests authorization to detain the juvenile beyond the term of the temporary, emergency detention pursuant to paragraph B. The juvenile caseworker may, if continued emergency detention is required to prevent the juvenile from imminently inflicting bodily harm on others or the juvenile, authorize temporary emergency detention in that facility for an aNNitional 4 hours. Following any temporary emergency detention, the juvenile caseworker shall order the conditional or unconditional release of a juvenile or shall effect a detention placement. After December 31, 1991 and except as otherwise provided by law, any detention beyond 6 hours must be in a placement other than a facility intended or primarily used for the detention of adults and must be authorized by a juvenile caseworker. It is the responsibility of the law enforcement officer to remain at the facility until the juvenile caseworker has released the juvenile or has authorized detention.
Sec. RR-2. 15 MRSA §3203-A, sub-§4, ¶D, as amended by PL 1991, c. 493, §8, is further amended to read:
D. Detention of a juvenile in a detention facility may be ordered by the Juvenile Court or a juvenile caseworker when there is probable cause to believe the juvenile:
(1) Has committed an act which would be murder or a Class A, Class B or Class C crime if committed by an adult;
(2) Has refused to participate voluntarily in a conditional release placement or is incapacitated to the extent of being incapable of participating in a conditional release placement;
(3) Has intentionally or knowingly violated a condition imposed as part of conditional release on a pending offense or has committed an offense subsequent to that release, which would be a crime if committed by an adult;
(4) Has committed the juvenile crime that would be escape if the juvenile was an adult;
(5) Has escaped from a facility to which the juvenile had been committed pursuant to an order of adjudication or is absent without authorization from a prior placement by a juvenile caseworker or the Juvenile Court; or
(6) Has a prior record of failure to appear in court when so ordered or summonsed by a law enforcement officer, juvenile caseworker or the court or has stated the intent not to appear.
Nonetheless, when, in the judgment of the juvenile caseworker, based on an assessment of risk, or in the judgment of the Juvenile Court, it is not necessary or appropriate to detain a juvenile who satisfies the criteria for detention, the juvenile caseworker or the Juvenile Court may order the placement of the juvenile in the juvenile's home or in an alternative facility or service, such as a group home, emergency shelter, foster placement or attendant care, subject to specific conditions, including supervision by a juvenile caseworker or a designated supervisor. Such a placement is considered a conditional release.
In no case may detention be ordered when either unconditional or conditional release is appropriate.
Sec. RR-3. 15 MRSA §3203-A, sub-§7, ¶B-4 is enacted to read:
B-4. Notwithstanding any other provision of law, on the date that the Northern Maine Regional Detention Facility begins operating, the State is responsible for all physically restrictive juvenile detention statewide, except that the detention provided under subsection 1 remains the responsibility of the counties. At the discretion of the sheriff, a county may assume responsibility for the detention of a juvenile for the first 48 hours, excluding Saturdays, Sundays and legal holidays. Upon mutual agreement of the Commissioner of Corrections and the sheriff and upon terms mutually agreeable to them, a juvenile may be further detained by a county. Any detention of a juvenile by a county must be in a section of a jail or other secure detention facility in compliance with paragraph A or in an approved detention facility or temporary holding resource in compliance with paragraph B. This paragraph does not apply to a juvenile who is held in an adult section of a jail pursuant to court order under paragraph C or D; section 3101, subsection 4, paragraph E-1; or section 3205, subsection 2.
Sec. RR-4. 15 MRSA §3205, sub-§1, as enacted by PL 1991, c. 493, §17, is amended to read:
1. Generally. After December 31, 1991, a juvenile may not be committed to or detained in a jail or other secure detention facility intended or primarily used for the detention of adults, except when bound over as an adult or as provided in section 3203-A, subsection 1, paragraph B-1 or section 3203-A, subsection 7, paragraph B-1, B-2 or B-4. A juvenile who is detained in a jail or other secure detention facility intended or primarily used for the detention of adults may be detained only in a section of a facility that meets the requirements of section 3203-A, subsection 7, paragraph A, unless bound over as an adult and held in an adult section of a facility pursuant to court order.
Sec. RR-5. 15 MRSA §3309-B, as amended by PL 1989, c. 502, Pt. A, §42, is further amended to read:
§3309-B. Limitations on diagnostic evaluations in a secure detention facility
The Except as provided in section 3309-A, subsection 4, the court shall may not order a juvenile to undergo a diagnostic evaluation at the Maine Youth Center or a secure detention facility unless the juvenile meets the requirements of section 3203-A, subsection 4, paragraphs C and D and the diagnostic evaluation is unable to take place outside the facility on either a residential or nonresidential basis.
Sec. RR-6. 15 MRSA §3314, sub-§4, as amended by PL 1995, c. 502, Pt. F, §7, is further amended to read:
4. Medical support. Whenever the court commits a juvenile to the Maine Youth Center or to the Department of Human Services or for a period of detention or places a juvenile on a period of probation, it shall require the parent or legal guardian to provide medical insurance for or contract to pay the full cost of any medical treatment, mental health treatment, substance abuse treatment and counseling that may be provided to the juvenile while the juvenile is committed, including while on entrustment aftercare status or on probation, unless it determines that such a requirement would create an excessive hardship on the parent or legal guardian, or other dependent of the parent or legal guardian, in which case it shall require the parent or legal guardian to pay a reasonable amount toward the cost, the amount to be determined by the court.
Sec. RR-7. 34-A MRSA §4110, as amended by PL 1995, c. 112, §1, is repealed.
Sec. RR-8. Transfer of funds. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, or any other provision of law, for the 1998-1999 biennium, the Department of Corrections is authorized to transfer, by financial order, Personal Services, All Other or Capital Expenditures funding between accounts within the same fund for payment of overtime expenses.
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