| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §3203-A, sub-§2, ķA, as amended by PL 1999, c. 624, Pt. | | A, §1, is further amended to read: |
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| | | A. When a juvenile is arrested, the law enforcement officer | | or the juvenile community corrections officer shall notify | | the legal custodian of the juvenile without unnecessary | | delay and inform the legal custodian of the juvenile's | | whereabouts, the name and telephone number of the juvenile | | community corrections officer who has been contacted and, if | | a juvenile has been placed in a secure juvenile detention | | facility, that a detention hearing will be held within 48 | | hours following this placement, excluding Saturday, Sunday | and | | this provision, if a juvenile has been placed in a secure | | detention facility pursuant to subsection 7, paragraph B-5, | | the law enforcement officer or the juvenile community | | corrections officer shall notify the legal custodian that a | | detention hearing will be held within 24 hours following | this placement, excluding Saturday, Sunday and | | holidays and court holidays. |
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| | | Sec. 2. 15 MRSA §3203-A, sub-§5, as amended by PL 1999, c. 624, Pt. A, | | §3, is further amended to read: |
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| | | 5. Detention hearing. Upon petition by a juvenile community | | corrections officer who ordered the detention or an attorney for | | the State who ordered the detention, the Juvenile Court shall | | review the decision to detain a juvenile within 48 hours | following the detention, excluding Saturday, Sunday and | | holidays and court holidays, except that if a juvenile is | | detained pursuant to subsection 7, paragraph B-5, the Juvenile | | Court shall review the decision to detain the juvenile within 24 | hours following the detention, excluding Saturday, Sunday and | | legal holidays and court holidays. |
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| | | A. A detention hearing must precede and must be separate | | from a bind-over or adjudicatory hearing. Evidence | | presented at a detention hearing may include testimony, | | affidavits and other reliable hearsay evidence as permitted | | by the court and may be considered in making any | | determination in that hearing. |
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| | | B. Following a detention hearing, a court shall order a | | juvenile's release, in accordance with subsection 4, unless it | | finds, by a preponderance of the evidence, that continued | | detention is necessary to meet one of the purposes of detention | | provided in that subsection. The Juvenile Court shall ensure, by | | appropriate order, that any such continued |
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