| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §3314, sub-§2, as amended by PL 2001, c. 696, §5, is | | further amended to read: |
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| | | 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 4, 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 or that no reasonable efforts are | | necessary because of the existence of an aggravating factor as | | defined in Title 22, section 4002, subsection 1-B, 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. Subject to the | | provisions of subsections 7 and 8, the court may as a | | condition of probation require the juvenile to attend a | | residential special-purpose private school or similar private | | facility approved by either the Department of Education or the | | Department of Human Services and to comply with the rules of | | such facility. |
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| | | 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 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. |
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