Sec. 5. 15 MRSA §3314, sub-§1, ¶G, as amended by PL 1999, c. 367, §1, is further amended to read:

G. Except for a violation of section 3103, subsection 1, paragraph D or D-1, the court may impose a fine, subject to Title 17-A, sections 1301 to 1304, except that section 1304, subsection 3, paragraph A does not apply. For the purpose of this section, juvenile offenses defined in section 3103, subsection 1, paragraphs B and C are deemed Class E crimes.

Sec. 6. 15 MRSA §3314, sub-§1, ¶H, as amended by PL 1999, c. 624, Pt. A, §7, is further amended to read:

H. The court may commit the juvenile to a Department of Corrections juvenile correctional facility and order that the disposition be suspended or may commit the juvenile for a period of detention that may not exceed 30 days, with or without an underlying suspended disposition to a Department of Corrections juvenile correctional facility, which detention must be served concurrently with any other period of detention previously imposed and not fully discharged or imposed on the same date but may be served intermittently as the court may order and must be ordered served in a detention facility approved or operated by the Department of Corrections exclusively for juveniles. The court may order such a disposition to be served as a part of and with a period of probation that is subject to such the provisions of Title 17-A, section 1204 as the court may order and that must be administered pursuant to Title 34-A, chapter 5, subchapter IV. Revocation of probation is governed by the procedure contained in subsection 2. Any period of detention ordered as a disposition under this paragraph is subject to Title 17-A, section 1253, subsection 2, but not to Title 17-A, section 1253, subsection 3- B, 4, 5 or 8. A period of detention under this paragraph commences on the date on which the juvenile is received into the Department of Corrections detention facility, with credit accorded only for the portion of that day for which the juvenile is actually detained.__The juvenile must be released from the Department of Corrections detention facility upon the expiration of the period of detention, minus the deductions authorized under this paragraph, except that, if the computation of the release date fixes it on a Saturday,

Sunday or legal holiday, the juvenile may be released on the last regular business day of the Department of Corrections detention facility preceding that Saturday, Sunday or legal holiday and except that, in any case, the juvenile may be released during regular business hours of the Department of Corrections detention facility.

Sec. 7. 15 MRSA §3314, sub-§2, as amended by PL 1999, c. 624, Pt. A, §8, is further amended to read:

2. Suspended disposition. The court may impose any of the dispositional alternatives provided in subsection 1 and may suspend its disposition and place the juvenile on a specified period of probation that is subject to such provisions of Title 17-A, section 1204 as the court may order and that is administered pursuant to the provisions of Title 34-A, chapter 5, subchapter IV, except that the court may not impose the condition set out in Title 17-A, section 1204, subsection 1-A. The court may impose as a condition of probation that a juvenile must reside outside the juvenile's home in a setting satisfactory to the juvenile community corrections officer if the court determines that reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home and that continuation in the juvenile's home would be contrary to the welfare of the juvenile. Imposition of such a condition does not affect the legal custody of the juvenile.

Modification of probation is governed by the procedures contained in Title 17-A, section 1202, subsection 2. Termination of probation is governed by the procedures contained in Title 17-A, section 1202, subsection 3. Revocation of probation is governed by the procedures contained in Title 17-A, sections 1205, 1205-B, 1205-C and 1206, except that the provisions of those sections requiring a preliminary hearing do not apply and those provisions of Title 17-A, section 1206, subsection 7-A allowing a vacating of part of the suspension of execution apply only to a disposition under subsection 1, paragraph G or a period of detention under subsection 1, paragraph H; however, a disposition under subsection 1, paragraph F may be modified to a disposition under subsection 1, paragraph H. If the juvenile is being detained for an alleged violation of probation, the court shall review within 48 hours following the detention, excluding Saturdays, Sundays and legal holidays, the decision to detain the juvenile. Following that review, the court shall order the juvenile's release unless the court finds that there is probable cause to believe that the juvenile has violated a condition of probation and finds, by a preponderance of the evidence, that continued detention is necessary to meet one of the purposes of detention under section 3203-A, subsection 4, paragraph C.

Sec. 8. 15 MRSA §3317, as amended by PL 1997, c. 752, §26, is further amended to read:

§3317. Disposition after return to Juvenile Court

In instances of commitment of a juvenile to the Department of Human Services or a Department of Corrections juvenile correctional facility or when the juvenile is under a specified period of probation, the Commissioner of Human Services or the commissioner's designee or the Commissioner of Corrections or the commissioner's designee following the disposition may for good cause petition the Juvenile Court having original jurisdiction in the case for a judicial review of the disposition, including extension of the period of commitment or period of probation. In all cases in which a juvenile is returned to a Juvenile Court, the Juvenile Court may make any of the dispositions otherwise provided in section 3314, except that the court may not decrease the period of commitment to a Department of Corrections juvenile correctional facility. When reviewing a commitment to the Department of Human Services, the court shall consider efforts made by the Department of Corrections and the Department of Human Services to reunify the juvenile with the juvenile's parents or custodians, shall make a finding regarding those efforts and shall return custody of the juvenile to a parent or legal custodian if the return of the juvenile is not contrary to the welfare of the juvenile. A petition for judicial review of a disposition committing the child to the Department of Human Services must be served on the parents at least 7 days prior to the hearing.

SUMMARY

This bill does the following.

1. It includes in the definition of "juvenile crime" a willful refusal to pay a fine imposed under the Maine Revised Statutes, Title 15, section 3314.

2. The bill also allows a juvenile community corrections officer to impose different or additional conditions of release from those listed in Title 15, section 3203-A, subsection 4, paragraph B, if the officer determines the conditions are necessary to ensure the juvenile's appearance or to ensure the protection of the community.

3. The bill also specifies that if a Juvenile Court makes any disposition of a case as provided under Title 15, section

3314, the court may not decrease the period of commitment to a Department of Corrections juvenile correctional facility.