CHAPTER 350
S.P. 175 - L.D. 504
An Act to Amend Certain Provisions Dealing with Juvenile Summonses
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §3301, sub-§5, śC, as amended by PL 1985, c. 439, §11, is further amended to read:
C. If the juvenile caseworker determines that the facts are sufficient for the filing of a petition, he the juvenile caseworker may request the prosecuting attorney to file a petition. If this alternative is chosen, the juvenile caseworker shall issue and may serve a summons in accordance with section 3304. If the juvenile caseworker does not make service before requesting the prosecuting attorney to file a petition, the juvenile caseworker shall request a law enforcement officer to serve the summons in accordance with section 3304.
Sec. 2. 15 MRSA §3304, sub-§1, as enacted by PL 1977, c. 520, §1, is amended to read:
1. Issuance and contents. After a petition has been filed, the court shall promptly issue a summons. The summons shall briefly recite the substance of the petition issued by the juvenile caseworker must include the signature of the juvenile caseworker, a brief description of the alleged juvenile crime, the time and place of the alleged juvenile crime and the time and place the juvenile is to appear in court. The summons shall must also include a statement of the constitutional rights of the juvenile, including the right to have an attorney present at the hearing on the petition and to have an attorney appointed, if indigent.
Sec. 3. 15 MRSA §3304, sub-§3, as amended by PL 1989, c. 741, §12, is further amended to read:
3. Service. The summons must be directed to and served, pursuant to Rule 4 (c)(4) of the Maine Rules of Criminal Procedure, upon the following persons:
A. The juvenile; and
B. The juvenile's parents, guardian or legal custodian, if the juvenile is not emancipated. Service upon a parent, guardian or legal custodian who is out of state may be by a reasonable method ordered by the court.
Sec. 4. 15 MRSA §3304, sub-§4, as enacted by PL 1977, c. 520, §1, is amended to read:
4. Service at least 48 hours before appearance demanded. The summons shall must require the person on whom it is served to appear for a hearing at a the time and place specified. The time shall may not be less than 2 days 48 hours after service of the summons. If the juvenile is not detained by an order of the court, the summons shall required must require the custodian to produce the juvenile at that time and place. A copy of the petition shall be attached to the summons.
Effective September 19, 1997, unless otherwise indicated.
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