PUBLIC Law Chapter 503

in the juvenile's home would be contrary to the welfare of the

juvenile.__This determination does not affect whether the court

orders a particular disposition upon a revocation of probation. 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. Whenever a court orders continued detention, the court shall

determine whether 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 whether continuation in the juvenile's

home would be contrary to the welfare of the juvenile.__This

determination does not affect whether the court orders continued

detention.

Sec. 3. 15 MRSA §3315, sub-§3, as amended by PL 1999, c. 260, Pt. A,
§10, is further amended to read:

3. Court review of determination. Whenever a court makes a
determination pursuant to section 3314, subsection 1, paragraph F
or section 3314, subsection 2 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, that determination must be reviewed by
the court not less than once every 12 months until the juvenile
is discharged or no longer residing outside the juvenile's home
or attains 18 years of age. This review does not affect a
juvenile's commitment to a Department of Corrections juvenile
correctional facility.

Sec. 4. Appropriations and allocations. The following appropriations and
allocations are made.

CORRECTIONS, DEPARTMENT OF

Juvenile Community Corrections

Initiative: Authorizes the Department of Corrections to receive
and expend Title IV-E funds.

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