H.P. 1424 - L.D. 1988
An Act to Amend the Laws Governing Liability Associated with Juvenile Offenders Who Participate in Community Service Programs
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §158-B is enacted to read:
§158-B. Limited liability of charitable organizations
1. Liability limited. A charitable organization is not liable for a claim arising from death or injury to a person or damage to property caused by a juvenile participating in a supervised work or service program, performing community service or providing restitution under Title 15, section 3301 or 3314, including a claim arising from death or injury to the juvenile or damage to the juvenile's property.
2. No effect on other liability or immunity. Nothing in this section creates liability for any claim or waives any immunity otherwise available.
3. Charitable organization defined. For the purposes of this section, "charitable organization" means any nonprofit organization organized or incorporated in this State or having a principal place of business in this State that is exempt from federal income taxation under the United States Internal Revenue Code, Section 501(a) because the nonprofit organization is described in the United States Internal Revenue Code, Section 501(c)(3).
Sec. 2. 15 MRSA §3314, sub-§1, ¶B, as amended by PL 1991, c. 885, Pt. E, §17 and affected by §47, is further amended to read:
B. The court may require a juvenile to participate in a supervised work or service program. Such a program may provide restitution to the victim by requiring the juvenile to work or provide a service for the victim, or to make monetary restitution to the victim from money earned from such a program. Such a supervised work or service program may be required as a condition of probation if:
(1) The juvenile is not deprived of the schooling that is appropriate to his the juvenile's age, needs and specific rehabilitative goals;
(2) The supervised work program is of a constructive nature designed to promote rehabilitation and is appropriate to the age level and physical ability of the juvenile; and
(3) The supervised work program assignment is made for a period of time not exceeding 180 days.
A juvenile referred to participating in a supervised work or service program, performing community service or providing restitution under this paragraph section or section 3301, subsection 5, paragraphs A and B, may not be subject to Title 39-A, Part 1, the Maine Workers' Compensation Act of 1992.
Effective June 30, 1998, unless otherwise indicated.
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