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committed a juvenile crime. Evidence presented to establish such | | probable cause may include affidavits and other reliable hearsay | | evidence as permitted by the Juvenile Court Judge or justice of the | | peace. If the evidence does not establish such probable cause, the | | Juvenile Court Judge or justice of the peace shall order the | | juvenile's discharge from detention. |
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| | | Sec. 11. 15 MRSA §3203-A, sub-§7, ¶B-5, as enacted by PL 1999, c. 624, | | Pt. A, §5, is amended to read: |
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| | | B-5. If the juvenile community corrections officer who | | ordered the detention or the attorney for the State who | | ordered the detention determines there is no reasonable | | alternative, a juvenile may be detained in a jail or other | | secure detention facility intended or primarily used for the | detention of adults for up to 24 48 hours, excluding | | Saturday, Sunday and legal holidays if: |
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| | | (1) The facility meets the requirements of paragraph | | A; |
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| | | (2) The facility is not located in a standard | | metropolitan statistical area and meets the statutory | | criteria contained in the federal Juvenile Justice and | | Delinquency Prevention Act of 1974, 42 United States | | Code, Section 5601; and |
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| | | (3) The juvenile is detained only to await a detention | | hearing pursuant to subsection 5 or section 3314, | | subsection 2, transfer to an appropriate juvenile | | facility, or transport to another jurisdiction. |
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| | | Sec. 12. 15 MRSA §3314, sub-§1, ¶H, as amended by PL 2003, c. 503, | | §1, is further amended to read: |
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| | | H. The court may commit the juvenile to a Department of | | Corrections juvenile correctional facility and order that the | | disposition be suspended or may commit the juvenile for a period | | of detention that may not exceed 30 days, with or without an | | underlying suspended disposition to a Department of Corrections | | juvenile correctional facility, which detention must be served | | concurrently with any other period of detention previously | | imposed and not fully discharged or imposed on the same date but | | may be served intermittently as the court may order and must be | | ordered served in a detention facility approved or operated by | | the Department of Corrections exclusively for juveniles. The | | court may order such a disposition to be served as a part of and | | with a period of probation that is subject to such provisions of | | Title 17-A, section 1204 as the court may order and that must be | | administered pursuant to Title 34-A, chapter 5, |
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