CHAPTER 706

H.P. 1286 - L.D. 1764

An Act To Improve the Operations of the Department of

Corrections and the Safety of State Correctional Facilities

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. 15 MRSA §3101, sub-§4, ¶E-2 is enacted to read:

E-2.__If the Juvenile Court binds a juvenile over to Superior Court and has not directed the detention of the juvenile in a section of a jail that is used primarily for the detention of adults pursuant to paragraph E-1, the court shall order that, if the juvenile attains 18 years and 6 months of age and is being detained, the juvenile be detained in an adult section of a jail.

Sec. A-2. 15 MRSA §3203-A, sub-§5, ¶B, as repealed and replaced by PL 1999, c. 127, Pt. A, §32 and c. 260, Pt. A, §5, is amended to read:

B. Following a detention hearing, a court shall order a juvenile's release, in accordance with subsection 4, unless it finds, by a preponderance of the evidence, that continued detention is necessary to meet one of the purposes of detention provided in that subsection. The Juvenile Court shall ensure, by appropriate order, that any such continued detention is otherwise in accordance with the requirements of subsection 4. The court may order that detention be continued pending further appearances before the court or pending conditional release to a setting satisfactory to the juvenile community corrections officer.