| | | 2. Dispositional powers. All of the dispositional powers of | | the Juvenile Court provided in section 3314 apply to a | | juvenile who is adjudicated to have committed a juvenile | | crime, except that no commitment to a Department of | | Corrections juvenile correctional facility or other detention | | may be imposed for conduct described in subsection 1, | paragraphs B and, C and H. |
|
| | | Sec. 7. 15 MRSA §3201, sub-§3, as amended by PL 1995, c. 470, §6, is | | further amended to read: |
|
| | | 3. Enforcement of other juvenile crimes. A law enforcement | | officer who has probable cause to believe that a juvenile | | crime, as defined by section 3103, subsection 1, paragraph B | or, C or H has been committed may request that the juvenile | | provide the officer with reasonably credible evidence of the | | juvenile's name, address and age. The evidence may consist of | | oral representations by the juvenile. If the juvenile | | furnishes the officer with evidence of the juvenile's name, | | address and age and the evidence does not appear to be | | reasonably credible, the officer shall attempt to verify the | | evidence as quickly as is reasonably possible. During the | | period the verification is being attempted, the officer may | | require the juvenile to remain present for a period not to | | exceed 2 hours. |
|
| | | After informing the juvenile of the provisions of this | | subsection, the officer may arrest the juvenile for a crime | defined in section 3103, subsection 1, paragraph B or, C or H | | if the juvenile intentionally refuses to furnish any evidence | | of the juvenile's name, address and age, or if, after | | attempting to verify the evidence as provided for in this | | subsection, the officer has probable cause to believe that the | | juvenile has intentionally failed to provide reasonably | | credible evidence of the juvenile's name, address and age. |
|
| | | This bill amends the Maine Juvenile Code to add to the | | definition of "juvenile crime" the civil violations of | | possessing and using drug paraphernalia, transportation of | | alcohol or illegal drugs by a minor and violation of a | | condition of release imposed by a juvenile correction officer. | | The purpose of this bill is to clarify jurisdiction and | | enforcement of closely related violations, such as possession | | of drugs and possession and use of drug paraphernalia and | | possession of alcohol and transportation of alcohol by a | | minor. Under current law, for example, a juvenile who is in | | possession of illegal drugs and drug paraphernalia is required | | to appear in juvenile court for the drug possession charge and | | district court for the civil paraphernalia charge. |
|
|