1. Crime. The crime is one that, if committed by a person who has attained 18 years of age, would carry a mandatory term of imprisonment that may not be suspended;

2. Nature. The aggravated nature and seriousness of the crime warrants a period of detention confinement; or

3. History. The record or previous history of the defendant warrants a period of detention confinement.

The court is not required to impose a period of detention confinement notwithstanding that there is a mandatory term of imprisonment applicable to a person who has attained 18 years of age.

Any period of detention confinement must be served concurrently with any other period of detention confinement previously imposed and not fully discharged or imposed on the same date. Any period of detention confinement is subject to Title 17-A, section 1253, subsection 2, except that a statement is not required to be furnished and the day-for-day deduction must be determined by the facility, but not to Title 17-A, section 1253, subsection 2, paragraph A, or subsection 3-B, 4, 5, 8, 9 or 10. If the court suspends the period of detention confinement in whole or in part, the court shall impose a period of administrative release not to exceed one year. The administrative release must be administered pursuant to Title 17- A, chapter 54-G, and revocation of the administrative release is governed by the provisions of that chapter.

Sec. 4. 15 MRSA §3203-A, sub-§7, ķA, as amended by PL 1991, c. 493, §10, is further amended to read:

A. A juvenile may be detained in a jail or other secure detention facility intended for use or primarily used for the detention of adults only when the serving facility:

(1) Contains an area where juveniles are under direct staff observation at all times, in a separate section for juveniles that complies with mandatory sight and sound separation standards established by the Department of Corrections pursuant to Title 34-A, section 1208;