CHAPTER 410
H.P. 1165 - L.D. 1592
An Act To Amend the Department of Corrections' Laws Pertaining to Juvenile Offenders
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6004 is enacted to read:
Notwithstanding other provisions of law, a person who has not attained 18 years of age and who is convicted of a crime for a violation of a provision of this Part that is not defined as a juvenile crime under Title 15, section 3103, subsection 1 may not be sentenced to imprisonment.
Sec. 2. 12 MRSA §7003 is enacted to read:
Notwithstanding other provisions of law, a person who has not attained 18 years of age and who is convicted of a crime for a violation of a provision of this Part that is not defined as a juvenile crime under Title 15, section 3103, subsection 1 may not be sentenced to imprisonment.
Sec. 3. 12 MRSA §8004 is enacted to read:
Notwithstanding other provisions of law, a person who has not attained 18 years of age and who is convicted of a crime for a violation of a provision of this Part that is not defined as a juvenile crime under Title 15, section 3103, subsection 1 may not be sentenced to imprisonment.
Sec. 4. 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 community reintegration; and
Sec. 5. 15 MRSA §3103, sub-§1, ¶F, as amended by PL 1997, c. 462, §3, is further amended to read:
F. The criminal violation of operating a motor vehicle under the influence of intoxicating liquor or drugs or with an excessive blood-alcohol level, as defined in Title 29-A, section 2411, and offenses defined in Title 29-A as Class B or C crimes; and
Sec. 6. 15 MRSA §3103, sub-§1, ¶G, as enacted by PL 1997, c. 462, §4, is amended to read:
G. A violation of section 393, subsection 1-A.; and
Sec. 7. 15 MRSA §3103, sub-§1, ¶H is enacted to read:
H. If a juvenile has been convicted of a crime for a violation of a provision of Title 12 or 29-A not specifically included in paragraph E or F, willful refusal to pay a resulting fine or willful violation of the terms of a resulting probation or willful failure to comply with the terms of any other resulting court order.
Sec. 8. 29-A MRSA §115 is enacted to read:
Notwithstanding other provisions of law, a person who has not attained 18 years of age and who is convicted of a crime for a violation of a provision of this Title that is not defined as a juvenile crime under Title 15, section 3103, subsection 1 may not be sentenced to imprisonment.
Sec. 9. 34-A MRSA §1001, sub-§6, as amended by PL 1997, c. 752, §31 and PL 2001, c. 439, Pt. G, §8, is further amended to read:
6. Correctional facility. "Correctional facility" means any facility that falls under the jurisdiction of the department, but does not include the Mountain View Youth Development Center or any facility for which the department is required to establish standards pursuant to section 1208 or 1208-A.
Sec. 10. 34-A MRSA §1001, sub-§8-A, as enacted by PL 1991, c. 314, §6 and amended by PL 2001, c. 439, Pt. G, §8, is further amended to read:
8-A. Detention facility. "Detention facility" means the Long Creek Youth Development Center and the Mountain View Youth Development Center.
Sec. 11. 34-A MRSA §1001, sub-§11, as amended by PL 1997, c. 752, §32, is further amended to read:
11. Juvenile client. "Juvenile client" means a juvenile committed to a juvenile correctional facility who is either residing at the facility or is on aftercare community reintegration status.
Sec. 12. 34-A MRSA §1001, sub-§11-A, as amended by PL 1997, c. 752, §33, is further amended to read:
11-A. Juvenile detainee. "Juvenile detainee" means a juvenile detained at a departmental juvenile facility pending a court proceeding, pending a preliminary hearing under Title 17-A, section 1205 or pursuant to Title 15, section 3314, subsection 1, paragraph H or Title 15, section 3312, subsection 3, paragraph D.
Sec. 13. 34-A MRSA §3802, sub-§1, ¶A, as amended by PL 1997, c. 752, §36, is further amended to read:
A. To detain juveniles pending a court proceeding or pending a preliminary hearing under Title 17-A, section 1205;
Sec. 14. 34-A MRSA §3807, sub-§2, as repealed and replaced by PL 1983, c. 581, §§48 and 59 and amended by PL 1999, c. 401, Pt. J, §4 and PL 2001, c. 439, Pt. G, §6, is further amended to read:
2. Reversion. Upon discharge or placement on after-care community reintegration status from the Long Creek Youth Development Center, the custody of the child shall revert reverts to the Department of Human Services, if the child is still under 18 years of age.
Sec. 15. 34-A MRSA §3809-A, sub-§3, as enacted by PL 2001, c. 517, §1, is amended to read:
3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill. If a juvenile client is or becomes 18 years of age while still under commitment, the statutory guardianship of the commissioner over the juvenile client terminates, but the juvenile client remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until discharge from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric hospitalization in accordance with Title 34-B, section 3863, unless hospitalization is made with the juvenile client's consent in accordance with Title 34-B, section 3831. The commissioner may make application for necessary psychiatric hospitalization of a juvenile detainee, including hospitalization in a nonstate mental health institution or hospital for the mentally ill, in accordance with Title 34-B, section 3863.
Sec. 16. 34-A MRSA §3810, as amended by PL 1999, c. 583, §§33 and 34, is further amended to read:
§3810. Community reintegration status
1. Commissioner's powers. During a juvenile client's commitment to the facility, the commissioner may, at the commissioner's discretion:
A. Keep the juvenile client at the facility; or
B. Place the juvenile client on aftercare community reintegration status for a period not exceeding the term of the juvenile's commitment.
2. Reports. As often as the commissioner requires, the person or agency caring for the juvenile client while on aftercare community reintegration status shall report to the commissioner:
A. The progress and behavior of the juvenile client, whether or not the juvenile client remains under the care of the person or agency; and
B. If the juvenile client is not under the care of the person or agency, where the client is.
3. Center services. The commissioner shall provide aftercare community reintegration services to juvenile clients.
4. Cancellation. If the commissioner is satisfied at any time that the welfare of the juvenile client will be promoted by return to the facility, the commissioner may cancel the aftercare community reintegration status and resume charge of the client with the same powers as before the placement on aftercare community reintegration status was made.
Sec. 17. 34-A MRSA §3811, first ¶, as amended by PL 1999, c. 583, §35, is further amended to read:
When a juvenile client who has been placed on aftercare community reintegration status, who has been granted a furlough or work or education release or who has been absent from the facility without leave is taken into custody for the purpose of return to the facility by an officer or employee of the facility, at the direction of the commissioner, or by a law enforcement officer, at the request of the commissioner, and because of the juvenile client's distance from the facility at the time of being taken into custody, it becomes necessary to detain the client overnight:
Sec. 18. 34-A MRSA §4102, sub-§1, as amended by PL 1997, c. 752, §41, is further amended to read:
1. Detention. To detain juveniles pending a court proceeding or pending a preliminary hearing under Title 17-A, section 1205;
Sec. 19. 34-A MRSA §4111, sub-§3, as enacted by PL 2001, c. 517, §2, is amended to read:
3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill. If a juvenile client is or becomes 18 years of age while still under commitment, the statutory guardianship of the commissioner over the juvenile client terminates, but the juvenile client remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until discharge from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric hospitalization in accordance with Title 34-B, section 3863, unless hospitalization is made with the juvenile client's consent in accordance with Title 34-B, section 3831. The commissioner may make application for necessary psychiatric hospitalization of a juvenile detainee, including hospitalization in a nonstate mental health institution or hospital for the mentally ill, in accordance with Title 34-B, section 3863.
Sec. 20. 34-A MRSA §4112, as enacted by PL 1999, c. 583, §45 and amended by PL 2001, c. 439, Pt. G, §8, is further amended to read:
§4112. Community reintegration status
1. Commissioner's powers. During a juvenile client's commitment to the Mountain View Youth Development Center, the commissioner may, at the commissioner's discretion:
A. Keep the juvenile client at the Mountain View Youth Development Center; or
B. Place the juvenile client on aftercare community reintegration status for a period not exceeding the term of the juvenile's commitment.
2. Reports. As often as the commissioner requires, the person or agency caring for the juvenile client while on aftercare community reintegration status shall report to the commissioner:
A. The progress and behavior of the juvenile client, whether or not the juvenile client remains under the care of the person or agency; and
B. If the juvenile client is not under the care of the person or agency, where the client is.
3. Facility services. The commissioner shall provide aftercare community reintegration services to a juvenile client.
4. Cancellation. If the commissioner is satisfied at any time that the welfare of the juvenile client will be promoted by return to the Mountain View Youth Development Center, the commissioner may cancel the aftercare community reintegration status and resume charge of the client with the same powers as before the placement on aftercare community reintegration status was made.
Sec. 21. 34-A MRSA §4113, first ¶, as enacted by PL 1999, c. 583, §45 and amended by PL 2001, c. 439, Pt. G, §8, is further amended to read:
When a juvenile client who has been placed on aftercare community reintegration status, who has been granted a furlough or work or education release or who has been absent from the Mountain View Youth Development Center without leave is taken into custody for the purpose of return to the Mountain View Youth Development Center by an officer or employee of the Mountain View Youth Development Center, at the direction of the commissioner, or by a law enforcement officer, at the request of the commissioner, and, because of the juvenile client's distance from the Mountain View Youth Development Center at the time of being taken into custody, it becomes necessary to detain the client overnight:
Sec. 22. 34-A MRSA §4116, sub-§2, as enacted by PL 1999, c. 583, §45 and amended by PL 2001, c. 439, Pt. G, §8, is further amended to read:
2. Reversion. Upon discharge or placement on aftercare community reintegration status from the Mountain View Youth Development Center, the custody of the juvenile reverts to the Department of Human Services, if the juvenile is still under 18 years of age.
Sec. 23. 34-A MRSA §5602, sub-§2, ¶C, as amended by PL 1999, c. 583, §46, is further amended to read:
C. To provide appropriate services to juveniles committed to a juvenile correctional facility who are in the community on aftercare community reintegration status.
Effective September 13, 2003, unless otherwise indicated.
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