H.P. 1093 - L.D. 1496
An Act To Amend the Maine Juvenile Code
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §1102, as amended by 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 A, §31, is repealed.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 for a juvenile crime or a violation of conditional release is not released from custody or does not receive a detention hearing within 48 hours after arrest, including Saturdays, Sundays and legal holidays, a Juvenile Court Judge or justice of the peace 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 affidavits and other reliable hearsay evidence as permitted by the Juvenile Court Judge or justice of the peace. If the evidence does not establish such probable cause, the Juvenile Court Judge or justice of the peace 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Sec. 4. 15 MRSA §3203-A, sub-§5, ¶C, as repealed and replaced by PL 1999, c. 127, Pt.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 a Juvenile Court Judge or justice of the peace has determined pursuant to subsection 4-A or the Juvenile Court 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-§9, as amended by PL 1999, c. 624, Pt. B, §6, is further amended to read:
9. Violation of conditions of release. Upon notification that a juvenile has intentionally or knowingly violated a condition of release, whether imposed by a court or a juvenile community corrections officer, a juvenile community corrections officer or a law enforcement officer may apply to the Juvenile Court for a warrant of arrest.
A law enforcement officer or juvenile community corrections officer having probable cause to believe that a juvenile has violated a condition of release may arrest the juvenile without a warrant.
Following the arrest of a juvenile by a law enforcement officer for violation of a condition of release, the law enforcement officer shall immediately notify the juvenile community corrections officer. The juvenile community corrections officer shall either direct the release of the juvenile with or without imposing different or additional conditions for release of the juvenile or shall revoke release and order the juvenile detained in accordance with subsection 4, paragraphs C and D.
If different or additional conditions of release are imposed, the juvenile may request the Juvenile Court to review the conditions pursuant to subsection 10. The review of additional or different conditions must include a hearing to determine if the preponderance of the evidence indicates that the juvenile intentionally or knowingly violated a condition of release.
If detention is ordered, the provisions of subsections 4-A and 5 apply.
Sec. 6. 15 MRSA §3203-A, sub-§11 is enacted to read:
11. Review of order. Upon petition by a juvenile community corrections officer or an attorney for the State and a showing of changed circumstances, the Juvenile Court may review an order for detention, conditional release or unconditional release and may enter a new order in accordance with this section.
Sec. 7. 15 MRSA §3206 is enacted to read:
§3206. Detention of juveniles charged as adults
A person under 18 years of age who is arrested for a crime defined under Title 12 or Title 29-A that is not a juvenile crime as defined in section 3103 may not be detained unless a juvenile community corrections officer has been notified within 2 hours after the person's arrest and has approved the detention. Section 3203-A, subsection 7, paragraphs A and B governing the facilities in which juveniles may be detained apply to any detention of such a juvenile following arrest.
Sec. 8. 15 MRSA §3307, sub-§2, ¶A, as amended by PL 1981, c. 361, is further amended to read:
The Once a petition is filed, the general public shall may not be excluded from any proceeding on a juvenile crime that would constitute murder or a Class A, Class B or Class C crime if the juvenile involved were an adult or; from any proceeding on a juvenile crime that would constitute a Class D crime if the juvenile involved were an adult , and it is the 2nd or subsequent Class D crime for that juvenile not arising from the same underlying transaction ,; or from any subsequent dispositional hearings in such cases.
Sec. 9. 15 MRSA §3314, sub-§4, as amended by PL 1997, c. 752, §22, is further amended to read:
4. Medical support. Whenever the court commits a juvenile to a Department of Corrections juvenile correctional facility 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 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.
An order under this subsection is enforceable under Title 19-A, section 2603.
Effective September 13, 2003, unless otherwise indicated.
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