PART A

Sec. A-1. 15 MRSA §3101, sub-§4, ķE-1, as amended by PL 1997, c. 645, §5, is further amended to read:

E-1. If the Juvenile Court binds the juvenile over to Superior Court, the court may direct detention of any such juvenile who is to be detained in a section of a jail that is used primarily for the detention of adults when it finds by clear and convincing evidence that:

(1) The juvenile's behavior presents an imminent danger of harm to that juvenile or to others; and

(2) There is not a less restrictive alternative to detention in an adult section that serves the purposes of detention.

In determining whether the juvenile's behavior presents a danger to that juvenile or others, the Juvenile Court shall consider, among other factors:

(a) The nature of and the circumstances surrounding the offense with which the juvenile is charged, including whether the offense was committed in an aggressive, violent, premeditated or intentional manner;

(b) The record and previous history of the juvenile, including the juvenile's emotional attitude and pattern of living; and

(c) If applicable, the juvenile's behavior and mental condition during any previous and current period of detention or commitment.

The Juvenile Court shall direct detention of any such juvenile who is to be detained in an adult section of a jail when that person has attained 18 years of age.

Sec. A-2. 15 MRSA §3203-A, sub-§5-A is enacted to read:

5-A.__New order.__If the Juvenile Court orders detention pursuant to subsection 5, the court shall review that order within 10 days and may enter a new order in accordance with this section.