| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §1102, as amended PL 2001, c. 667, Pt. A, §31, is | | repealed. |
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| | | Sec. 2. 15 MRSA §3003, sub-§14-B, ¶B, as amended by PL 1999, c. 624, | | Pt. B, §2 and PL 2001, c. 439, Pt. G, §6, is further amended | | to read: |
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| | | B. To provide appropriate services to juveniles committed | to the Long Creek Youth Development Center a Department of | | Corrections juvenile correctional facility who are on | | leave or in the community on aftercare; and |
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| | | Sec. 3. 15 MRSA §3203-A, sub-§4-A is enacted to read: |
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| | | 4-A.__Probable cause determination.__Except in a bona fide | | emergency or other extraordinary circumstance, when a juvenile | | arrested without a warrant is not released or does not receive | | a detention hearing under subsection 5 within 48 hours after | | arrest, including Saturdays, Sundays and legal holidays, the | | Juvenile Court shall determine, within that time period, | | whether there is probable cause to believe that the juvenile | | has committed a juvenile crime.__Evidence presented to | | establish such probable cause may include testimony, | | affidavits and other reliable hearsay evidence as permitted by | | the court.__If the evidence does not establish such probable | | cause, the court shall order the juvenile's discharge from | | detention. |
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| | | Sec. 4. 15 MRSA §3203-A, sub-§5, ¶C, as repealed and replaced by PL | | 1999, c. 127, Pt. A, §32 and c. 260, Pt. A, §5, is amended to | | read: |
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| | | C. Continued detention may not be ordered unless the | | Juvenile Court has determined pursuant to subsection 4-A | | or determines at the detention hearing that there is | | probable cause to believe that the juvenile has committed | | a juvenile crime. |
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| | | Sec. 5. 15 MRSA §3203-A, sub-§6, as amended by PL 1993, c. 675, Pt. | | B, §13, is further amended to read: |
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| | | 6. Availability of judges. The Chief Judge of the District | | Court shall provide that a Juvenile Court Judge is available | | to make the probable cause determination described in | | subsection 4-A on all days including Saturdays, Sundays and | | legal holidays. The Chief Judge of the District Court shall | | provide that a Juvenile Court Judge is available to preside at | the detention hearing, described in subsection 5, on all days | | except Saturdays, Sundays and legal holidays. |
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