15 M.R.S. § 1982 — ME Code / Title 15 / Part 4 / Chapter 303 / Section 1982
15 §1982. Receipts for process for recovery of fines
Status: in_force

Every sheriff or other officer to whom any process for the recovery of such fine, forfeiture or costs is committed by the clerk of courts shall, at the next session of the court in the same county, produce a receipt in full for the same or assign a satisfactory excuse for not so doing. In case of neglect, the court shall order a prosecution to be commenced therefor by the district attorney. [PL 1973, c. 567, §20 (AMD).]
15 M.R.S. § 941 — ME Code / Title 15 / Part 2 / Chapter 105 / Section 941
15 §941. Private claims paid out of forfeited bail
Status: in_force

When the penalty of a bond to prosecute an appeal is paid to the clerk of the court or county treasurer, the court may award to any person therefrom the same sum that the person would have been entitled to receive from the penalty for the offense, if paid on conviction and not on forfeiture of bail. [RR 2023, c. 2, Pt. D, §52 (COR).]
15 M.R.S. § 101-D — ME Code / Title 15 / Part 1 / Chapter 5 / Section 101-D
15 §101-D. Mental examination of persons accused of crime
Status: in_force

1. Competency to proceed. The court may for cause shown order that the defendant be examined to evaluate the defendant's competency to proceed as provided in this subsection. A. Upon motion by the defendant or by the State, or upon its own motion, a court having jurisdiction in any criminal case may for cause shown order that the defendant be examined by the State Forensic Service for evaluation of the defendant's competency to proceed. When ordered to evaluate a defendant under this paragraph, the State Forensic Service shall promptly examine the defendant and report its initial determination regarding the defendant’s competency to proceed to the court. If, based upon its examination, the State Forensic Service concludes that further examination is necessary to fully evaluate the defendant's competency to proceed, the report must so state and must set forth recommendations as to the nature and scope of any further examination. The court shall forward any report filed by the State Forensic Service to the defendant or the defendant's attorney and to the attorney for the State. [PL 2009, c. 268, §3 (NEW).] B. If the defendant is incarcerated, the examination ordered pursuant to paragraph A must take place within 21 days of the court's order, and the report of that examination must be filed within 30 days of the court’s order. If further examination is ordered pursuant to paragraph C , the report of that examination must be filed within 60 days of the court's order. If the State Forensic Service requires an extension of the deadlines set forth above, it shall communicate its request and the reasons for that request to the court and to counsel for the parties. The court shall accommodate any party's request to be heard on the issue of whether an extension should be granted and may grant any extension of time that is reasonable under the circumstances. The examination may take place at the correctional facility where the defendant is incarcerated if the State Forensic Service determines that the correctional facility can provide an appropriate setting for the examination. If the State Forensic Service determines otherwise, the examination will be conducted at a time and place designated by the State Forensic Service. For examinations that take place outside the correctional facility, the correctional facility shall provide transportation and security for the examination. [PL 2009, c. 268, §3 (NEW).] C. If the report submitted pursuant to paragraph A recommends further evaluation of the defendant or upon motion by the defendant or by the State for good cause shown, the court may order further evaluation of the defendant by the State Forensic Service. Any order for further evaluation may designate the specialty of the person to perform the evaluation. In addition, if at any time during a criminal proceeding an issue of competency to proceed arises with respect to a defendant initially determined to be competent, the court may order such further examination by the State Forensic Service as the court finds necessary and appropriate. The court shall forward any further report filed by the State Forensic Service to the defendant or the defendant’s attorney and to the attorney for the State. [PL 2009, c. 268, §3 (NEW).] [PL 2009, c. 268, §3 (NEW).]

2. Insanity; abnormal condition of the mind. The court may for cause shown order that the defendant be evaluated with reference to insanity or abnormal condition of the mind as provided in this subsection. A. Upon motion by the defendant or by the State, a court having jurisdiction in any criminal case may for cause shown order that the defendant be examined by the State Forensic Service for evaluation of the defendant's mental state at the time of the crime with reference to criminal responsibility under Title 17‑A, section 39 and abnormal condition of the mind under Title 17‑A, section 38 . (1) When ordered to evaluate a defendant under this paragraph, the State Forensic Service shall promptly examine the defendant and the circumstances of the crime and provide a report of its evaluation to the court. If, based upon its examination, the State Forensic Service concludes that further examination is necessary to fully evaluate the defendant's mental state at the time of the crime, the report must so state and must set forth recommendations as to the nature and scope of any further examination. (2) The court shall forward any report filed by the State Forensic Service to the defendant or the defendant's attorney and, unless the defendant had objected to the order for examination or unless the attorney for the State has agreed that the report need not be forwarded to the State except as set forth in subparagraph (3), to the attorney for the State. (3) If the court orders an examination under this paragraph over the objection of the defendant, any report filed by the State Forensic Service may not be shared with the attorney for the State, unless with reference to criminal responsibility the defendant enters a plea of not criminally responsible by reason of insanity or with reference to an abnormal condition of mind the defendant provides notice to the attorney for the State of the intention to introduce testimony as to the defendant's abnormal condition of mind pursuant to the Maine Rules of Unified Criminal Procedure, Rule 16A(a). [PL 2015, c. 431, §4 (AMD).] B. If the defendant enters a plea of not criminally responsible by reason of insanity, the court shall order evaluation under paragraph A . [PL 2009, c. 268, §3 (NEW).] C. If the defendant is incarcerated, the examination ordered pursuant to paragraph A must take place within 45 days of the court's order and the report of that examination must be filed within 60 days of the court's order. If further examination is ordered pursuant to paragraph D , the report of that examination must be filed within 90 days of the court's order. If the State Forensic Service requires an extension of the deadlines set forth above, it shall communicate its request and the reasons for that request to the court and to counsel for the parties. The court shall accommodate a party's request to be heard on the issue of whether an extension should be granted and may grant any extension of time that is reasonable under the circumstances. The examination may take place at the correctional facility where the defendant is incarcerated if the State Forensic Service determines that the correctional facility can provide an appropriate setting for the examination. If the State Forensic Service determines otherwise, the examination must be conducted at a time and place designated by the State Forensic Service. For examinations that take place outside the correctional facility, the correctional facility shall provide transportation and security for the examination. [PL 2009, c. 268, §3 (NEW).] D. If the report submitted pursuant to paragraph A recommends further evaluation of the defendant or upon motion by the defendant or by the State for good cause shown, the court may order further evaluation of the defendant by the State Forensic Service. An order for further evaluation may designate the specialty of the person to perform the evaluation. The court shall forward any further report filed by the State Forensic Service to the defendant or the defendant's attorney and, unless the defendant had objected to the order for examination, to the attorney for the State. The court may order an examination under this paragraph over the objection of the defendant, but any report filed by the State Forensic Service must be impounded and may not be shared with the attorney for the State, unless with reference to criminal responsibility the defendant enters a plea of not criminally responsible by reason of insanity or with reference to an abnormal condition of mind the defendant provides notice to the attorney for the State of the intention to introduce testimony as to the defendant’s abnormal condition of mind pursuant to the Maine Rules of Unified Criminal Procedure, Rule 16A(a). [PL 2015, c. 431, §4 (AMD).] [PL 2015, c. 431, §4 (AMD).]

3. Mental condition relevant to other issues. The court may for good cause shown order that the defendant be examined to evaluate the defendant's mental condition with reference to issues other than competency, insanity or abnormal condition of the mind as provided in this subsection. A. Upon motion by the defendant or by the State or upon its own motion a court having jurisdiction in any criminal case may for cause shown order that the defendant be examined by the State Forensic Service for evaluation with respect to any issue necessary for determination in the case, including the appropriate sentence. The court's order shall set forth the issue or issues to be addressed by the State Forensic Service. When ordered to evaluate a defendant under this paragraph, the State Forensic Service shall promptly examine the defendant and the circumstances relevant to the issues identified in the court's order and report to the court regarding the defendant's mental condition as it pertains to those issues. Prior to a verdict or finding of guilty or prior to acceptance of a plea of guilty or nolo contendere, the court may not order examination under this subsection over the objection of the defendant unless the defendant has asserted, or intends to assert, the defendant's mental condition as a basis for an objection, a defense or for mitigation at sentencing. The court shall forward any report filed by the State Forensic Service to the defendant or the defendant's attorney and to the attorney for the State. [PL 2009, c. 268, §3 (NEW).] B. If the defendant is incarcerated the examination ordered pursuant to paragraph A must take place within 45 days of the court's order and the report of that examination must be filed within 60 days of the court's order. If the State Forensic Service requires an extension of the deadlines set forth above it shall communicate its request and the reasons for that request to the court and to counsel for the parties. The court shall accommodate a party's request to be heard on the issue of whether an extension should be granted and may grant an extension of time that is reasonable under the circumstances. The examination may take place at the correctional facility where the defendant is incarcerated if the State Forensic Service determines that the correctional facility can provide an appropriate setting for the examination. If the State Forensic Service determines otherwise, the examination must be conducted at a time and place designated by the State Forensic Service. For examinations that take place outside the correctional facility, the correctional facility shall provide transportation and security for the examination. [PL 2009, c. 268, §3 (NEW).] [PL 2009, c. 268, §3 (NEW).]

4. Commitment for observation. The court may commit the defendant to the custody of the Commissioner of Health and Human Services for placement in an appropriate institution for the care and treatment of people with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism, as set forth in this subsection. If the State Forensic Service determines that observation of the defendant will materially enhance its ability to perform an examination ordered pursuant to subsection 1 , 2 , 3 or 9 and the defendant is incarcerated, the observation may take place at the correctional facility where the defendant is incarcerated if the State Forensic Service determines that the correctional facility can provide an appropriate setting for the observation. If the observation is to take place in a correctional facility, the court may not commit the defendant to the custody of the Commissioner of Health and Human Services. A. If the State Forensic Service determines that observation of the defendant in an appropriate institution for the care of people with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism will materially enhance its ability to perform an examination ordered pursuant to subsection 1 , 2 , 3 or 9 , the State Forensic Service shall so advise the court. The State Forensic Service may make this determination based upon consultation with the defendant’s attorney and the attorney for the State and the court and upon such other information as it determines appropriate. In addition, the State Forensic Service may include such a determination in a report to the court that recommends further evaluation of the defendant. [PL 2013, c. 265, §1 (AMD).] B. Upon a determination by the State Forensic Service under paragraph A , a court having jurisdiction in a criminal case may commit the defendant to the custody of the Commissioner of Health and Human Services for placement in an appropriate institution for the care and treatment of people with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism for observation for a period not to exceed 60 days. If the State Forensic Service requires additional time for observation, it shall communicate its request and the reasons for that request to the court and to counsel for the parties. The court shall accommodate a party's request to be heard on the issue of whether an extension should be granted and may extend the commitment for up to an additional 90 days. Unless the defendant objects, an order under this paragraph must authorize the institution or residential program where the defendant is placed by the Commissioner of Health and Human Services to provide treatment to the defendant. When further observation of the defendant is determined no longer necessary by the State Forensic Service, the Commissioner of Health and Human Services shall report that determination to the court and the court shall terminate the commitment. If the defendant is committed by the court to the custody of the Commissioner of Health and Human Services for observation under this paragraph, the State Forensic Service may release prior court-ordered evaluation reports pertaining to the pending charges, unless otherwise impounded, to each institution or residential program into which the Commissioner of Health and Human Services is considering placing the defendant and, following placement, to the institution or residential program into which the defendant is placed. If the defendant had been incarcerated prior to the commitment for observation and if, during the period of observation, the defendant presents a substantial risk of causing bodily injury to staff or others that cannot be managed in an appropriate institution for the care and treatment of people with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism, the Commissioner of Health and Human Services may return the defendant to the correctional facility. The Commissioner of Health and Human Services shall report the risk management issues to the court. Upon receiving the report, the court shall review the report and may enter any order authorized by this section, including termination of the commitment. [PL 2023, c. 38, §1 (AMD).] C. If the court has provided for remand to a correctional facility following the commitment under paragraph B , the correctional facility shall execute the remand order upon advice from the Commissioner of Health and Human Services that commitment is determined no longer necessary. [PL 2009, c. 268, §3 (NEW).] [PL 2023, c. 38, §1 (AMD).]

5. Finding of incompetence; custody; bail. If, after hearing upon motion of the attorney for the defendant or upon the court's own motion, the court finds that any defendant is incompetent to stand trial, the court shall continue the case until such time as the defendant is determined by the court to be competent to stand trial and may either: A. Commit the defendant to the custody of the Commissioner of Health and Human Services for placement in an appropriate program for observation, care and treatment of people with mental illness or persons with intellectual disabilities or autism. An appropriate program may be in an institution for the care and treatment of people with mental illness, an intermediate care facility for persons who have intellectual disabilities or autism, a crisis stabilization unit, a nursing home, a residential care facility, an assisted living facility, a hospice, a hospital, an intensive outpatient treatment program or any program specifically approved by the court. At the end of 30 days or sooner, and again in the event of recommitment, at the end of 60 days and 180 days, the State Forensic Service or other appropriate office of the Department of Health and Human Services shall forward a report to the Commissioner of Health and Human Services relative to the defendant's competence to stand trial and its reasons. The Commissioner of Health and Human Services shall without delay file the report with the court having jurisdiction of the case. The court shall hold a hearing on the question of the defendant's competence to stand trial and receive all relevant testimony bearing on the question. If the State Forensic Service's report or the report of another appropriate office of the Department of Health and Human Services to the court states that the defendant is either now competent or not restorable, the court shall within 30 days hold a hearing. If the court determines that the defendant is not competent to stand trial, but there does exist a substantial probability that the defendant will be competent to stand trial in the foreseeable future, the court shall recommit the defendant to the custody of the Commissioner of Health and Human Services for placement in an appropriate program for observation, care and treatment of people with mental illness or persons with intellectual disabilities or autism. An appropriate program may be in an institution for the care and treatment of people with mental illness, an intermediate care facility for persons who have intellectual disabilities or autism, a crisis stabilization unit, a nursing home, a residential care facility, an assisted living facility, a hospice, a hospital, an intensive outpatient treatment program or any program specifically approved by the court. When a person who has been evaluated on behalf of the court by the State Forensic Service or other appropriate office of the Department of Health and Human Services is committed into the custody of the Commissioner of Health and Human Services under this paragraph, the court shall order that the State Forensic Service or other appropriate office of the Department of Health and Human Services share any information that it has collected or generated with respect to the person with the institution or residential program in which the person is placed; or [PL 2021, c. 306, §1 (AMD).] B. Issue a bail order in accordance with chapter 105‑A , with or without the further order that the defendant undergo observation at an institution for the care and treatment of people with mental illness, an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism, an intermediate care facility for persons who have intellectual disabilities or autism, a crisis stabilization unit, a nursing home, a residential care facility, an assisted living facility, a hospice, a hospital approved by the Department of Health and Human Services or an intensive outpatient treatment program or any program specifically approved by the court or by arrangement with a private psychiatrist or licensed clinical psychologist and treatment when it is determined appropriate by the State Forensic Service. When outpatient observation and treatment is ordered an examination must take place within 45 days of the court's order and the State Forensic Service shall file its report of that examination within 60 days of the court's order. The State Forensic Service's report to the court must contain the opinion of the State Forensic Service concerning the defendant's competency to stand trial and its reasons. The court shall without delay set a date for and hold a hearing on the question of the defendant's competence to stand trial, which must be held pursuant to and consistent with the standards set out in paragraph A . [PL 2013, c. 434, §1 (AMD); PL 2013, c. 434, §15 (AFF).] [PL 2021, c. 306, §1 (AMD).]

5-A. Finding of nonrestorability. If the court determines that the defendant is not competent to stand trial and there does not exist a substantial probability that the defendant can be competent in the foreseeable future, the court shall dismiss all charges against the defendant and, unless the defendant is subject to an undischarged term of imprisonment, the court may notify the appropriate authorities who may institute civil commitment proceedings for the individual. If the defendant is subject to an undischarged term of imprisonment, the court shall order the defendant into execution of that sentence, and the correctional facility to which the defendant is transported shall execute the court's order. [PL 2021, c. 306, §2 (NEW).]

6. Examiners. Evaluation of a defendant by the State Forensic Service pursuant to this section must be performed by a licensed psychologist or a psychiatrist. The State Forensic Service may determine whether an examination will be performed by a licensed psychologist or a psychiatrist unless the court has designated the specialty of the examiner in its order. [PL 2009, c. 268, §3 (NEW).]

7. Competence; proceedings. Upon a determination that the defendant is competent to stand trial, proceedings with respect to the defendant must be in accordance with the rules of criminal procedure. [PL 2009, c. 268, §3 (NEW).]

8. No release during commitment period; violation. A person ordered or committed for examination, observation, care or treatment pursuant to this section may not be released from the designated placement during the period of examination. An individual responsible for or permitting the release of a person ordered committed pursuant to this section for examination, observation, care or treatment from the designated placement commits a civil violation for which a fine of not more than $1,000 may be adjudged. [PL 2013, c. 265, §3 (AMD).]

9. Examination after sentencing. If the issue of insanity, competency, abnormal condition of mind or any other issue involving the mental condition of the defendant is raised after sentencing, the court may for cause shown order the convicted person to be examined by the State Forensic Service. If at the time an examination order is entered by the court the sentenced person is in execution of a sentence of imprisonment imposed for any criminal conduct, the time limits and bail provisions of this section do not apply. For examinations that take place outside the correctional facility, the correctional facility shall provide transportation and security for the examination. [PL 2011, c. 464, §2 (AMD).]

10. Appropriate placement. When a court commits the defendant to the custody of the Commissioner of Health and Human Services for placement in an appropriate institution for the care and treatment of persons with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism as set forth in subsection 4, the transfer of the defendant must take place within 30 days from the time the order is transmitted to the State Forensic Service, unless an extraordinary circumstance causes a necessary delay. The Commissioner of Health and Human Services shall notify the court of the extraordinary circumstance causing a delay. [PL 2021, c. 757, §1 (NEW).]
15 M.R.S. § 3203-A — ME Code / Title 15 / Part 6 / Chapter 505 / Section 3203-A
15 §3203-A. Arrested juveniles; release; detention; notification
Status: in_force

1. Notification of a juvenile community corrections officer. A juvenile community corrections officer receives notification under the following circumstances. A. When, in the judgment of a law enforcement officer, Juvenile Court proceedings should be commenced against a juvenile, but detention is not necessary, the law enforcement officer shall notify a juvenile community corrections officer as soon as possible after such a determination is made; but if the juvenile has been arrested, the law enforcement officer shall notify the juvenile community corrections officer within 12 hours following the arrest. [PL 1999, c. 624, Pt. B, §3 (AMD).] A-1. If the law enforcement officer determines that detention is not necessary but the officer is unable to immediately return the juvenile to the custody of the juvenile's legal custodian or another suitable person, the officer, with the juvenile's consent, may deliver the juvenile to any public or private agency that provides nonsecure services to juveniles, including an agency that provides attendant care. [PL 1999, c. 624, Pt. B, §3 (AMD).] B. When, in the judgment of a law enforcement officer, a juvenile should be detained prior to the juvenile's initial appearance in juvenile court, the law enforcement officer shall immediately notify a juvenile community corrections officer. (1) Detention under this section must be requested by the law enforcement officer within 2 hours after the juvenile's arrest or the juvenile must be released. (2) After the law enforcement officer notifies the juvenile community corrections officer and requests detention, the juvenile community corrections officer shall order the conditional or unconditional release or shall effect a detention placement within 12 hours following the juvenile's arrest. [PL 1999, c. 624, Pt. B, §3 (AMD).] B-1. If, in the judgment of a law enforcement officer, immediate secure detention is required to prevent a juvenile from imminently inflicting bodily harm on others or the juvenile, the officer may refer the juvenile for temporary, emergency detention in a jail or other secure facility intended or primarily used for the detention of adults approved pursuant to subsection 7, paragraph A or a facility approved pursuant to subsection 7, paragraph B , prior to notifying a juvenile community corrections officer. Such a facility may detain the juvenile for up to 2 hours on an emergency basis, as long as the law enforcement officer immediately notifies the juvenile community corrections officer and requests authorization to detain the juvenile beyond the term of the temporary, emergency detention pursuant to paragraph B . The juvenile community corrections officer may, if continued emergency detention is required to prevent the juvenile from imminently inflicting bodily harm on others or the juvenile, authorize temporary emergency detention in that facility for an additional 4 hours. Following any temporary emergency detention, the juvenile community corrections officer shall order the conditional or unconditional release of a juvenile or shall effect a detention placement. Except as otherwise provided by law, any detention beyond 6 hours must be in a placement other than a facility intended or primarily used for the detention of adults and must be authorized by a juvenile community corrections officer. It is the responsibility of the law enforcement officer to remain at the facility until the juvenile community corrections officer has released the juvenile or has authorized detention. [PL 1999, c. 624, Pt. B, §3 (AMD).] C. In cases under Title 5, section 200‑A , the law enforcement officer shall immediately notify the juvenile community corrections officer and the Department of the Attorney General. In all other cases the law enforcement officer shall immediately notify the juvenile community corrections officer if the law enforcement officer believes that immediate secure detention is required. If the juvenile community corrections officer determines not to order the detention or continued detention of the juvenile, the community corrections officer shall inform the law enforcement officer and the attorney for the State prior to the juvenile's release. The attorney for the State, with or without a request from a law enforcement officer, shall consider the facts of the case, consult with the juvenile community corrections officer who made the initial determination, consider standards for detention under subsection 4, paragraph C and subsection 4, paragraph D , subparagraphs (1) to (6) and may order detention or continued detention of the juvenile under the same or any authorized conditions pending the juvenile's initial appearance before the court. If detention or continued detention is ordered, the detention placement must be made by the juvenile community corrections officer within 12 hours following the juvenile's arrest. [PL 1999, c. 624, Pt. B, §3 (AMD).] [PL 1999, c. 624, Pt. B, §3 (AMD).]

2. Notification of legal custodian. A legal custodian shall receive notification under the following circumstances. A. When a juvenile is arrested, the law enforcement officer or the juvenile community corrections officer shall notify the legal custodian of the juvenile without unnecessary delay and inform the legal custodian of the juvenile's whereabouts, the name and telephone number of the juvenile community corrections officer who has been contacted and, if a juvenile has been placed in a secure juvenile detention facility, that a detention hearing will be held within 48 hours following this placement, excluding Saturday, Sunday and legal holidays. Notwithstanding this provision, if a juvenile has been placed in a secure detention facility pursuant to subsection 7, paragraph B‑5 , the law enforcement officer or the juvenile community corrections officer shall notify the legal custodian that a detention hearing will be held within 24 hours following this placement, excluding Saturday, Sunday and legal holidays. [PL 1999, c. 624, Pt. A, §1 (AMD).] B. Notification required by paragraph A may be made to a person of sufficient maturity with whom the juvenile is residing if the juvenile's legal custodian cannot be located. [PL 1985, c. 439, §9 (NEW).] [PL 1999, c. 624, Pt. A, §1 (AMD).]

2-A. Questioning. When a juvenile is arrested, no law enforcement officer may question that juvenile until: A. A legal custodian of the juvenile is notified of the arrest and is present during the questioning; [PL 1987, c. 367 (NEW).] B. A legal custodian of the juvenile is notified of the arrest and gives consent for the questioning to proceed without the custodian's presence; or [PL 1987, c. 367 (NEW).] C. The law enforcement officer has made a reasonable effort to contact the legal custodian of the juvenile, cannot contact the custodian and seeks to question the juvenile about continuing or imminent criminal activity. [PL 1987, c. 367 (NEW).] [PL 1987, c. 367 (NEW).]

3. Law enforcement officer's report. An officer who notifies a juvenile community corrections officer pursuant to subsection 1, paragraph A or B shall file a brief written report with the juvenile community corrections officer, stating the juvenile's name, date of birth and address; the name and address of the juvenile's legal custodian; and the facts that led to the notification, including the offense that the juvenile is alleged to have committed. The report must contain sufficient information to establish the jurisdiction of the Juvenile Court. A report of a notification pursuant to subsection 1 must be filed within 24 hours of the notification, excluding nonjudicial days. If a juvenile community corrections officer orders the conditional release of a juvenile and a report of the notification is not filed with the juvenile community corrections officer within 15 days, excluding nonjudicial days, the juvenile community corrections officer shall review the conditions imposed at the time of the release. Following the review, the juvenile community corrections officer may lessen or eliminate the conditions. The date on which the report is received by the juvenile community corrections officer is the date of referral to the juvenile community corrections officer for an intake assessment. [PL 1999, c. 624, Pt. B, §4 (AMD).]

4. Release or detention ordered by juvenile community corrections officer. The release or detention of a juvenile may be ordered by a juvenile community corrections officer as follows. A. Upon notification from a law enforcement officer, a juvenile community corrections officer shall direct the release or detention of a juvenile pending that juvenile's initial appearance before the court. If a juvenile is released unconditionally, whether by a law enforcement officer without notification to a juvenile community corrections officer or by a juvenile community corrections officer, and the law enforcement officer subsequently acquires information that makes detention or conditional release necessary, the law enforcement officer may apply to the court for a warrant of arrest. Following the arrest of the juvenile, the law enforcement officer immediately shall notify the juvenile community corrections officer. The juvenile community corrections officer shall direct the unconditional or conditional release of the juvenile or order the juvenile detained in accordance with paragraphs C and D . [PL 1999, c. 624, Pt. B, §5 (AMD).] B. Release may be unconditional or conditioned upon the juvenile's promise to appear for subsequent official proceedings or, if a juvenile can not appropriately be released on one of these 2 bases, upon the least onerous of the following conditions, or combination of conditions, necessary to ensure the juvenile's appearance or to ensure the protection of the community or any member of the community, including the juvenile: (1) Upon the written promise of the juvenile's legal custodian to produce the juvenile for subsequent official proceedings or at any place or time when so ordered by the juvenile community corrections officer or the Juvenile Court; (2) Upon the juvenile's voluntary agreement to placement in the care of a responsible person or organization, including one providing attendant care; (3) Upon prescribed conditions, reasonably related to securing the juvenile's presence at subsequent official proceedings or at any place or time when so ordered by the juvenile community corrections officer or the court, restricting the juvenile's activities, associations, residence or travel; (4) Upon such other prescribed conditions as may be reasonably related to securing the juvenile's presence at subsequent official proceedings or at any place or time when so ordered by the juvenile community corrections officer or the court; or (5) Upon prescribed conditions, reasonably related to ensuring the protection of the community or any member of the community, including the juvenile. Upon imposition of any condition of release described in subparagraph (2), (3), (4) or (5), the juvenile community corrections officer shall provide the juvenile with a copy of the condition imposed, inform the juvenile of the consequences applicable to violation of the condition and inform the juvenile of the right to have the condition reviewed by the Juvenile Court pursuant to subsection 10 . [PL 1999, c. 624, Pt. B, §5 (AMD).] C. Detention, if ordered, must be in the least restrictive residential setting that will serve the purposes of the Maine Juvenile Code as provided in section 3002 and one of the following purposes of detention: (1) To ensure the presence of the juvenile at subsequent court proceedings; (3) To prevent the juvenile from harming or intimidating any witness or otherwise threatening the orderly progress of the court proceedings; (4) To prevent the juvenile from inflicting bodily harm on others; or (5) To protect the juvenile from an immediate threat of bodily harm. [PL 2021, c. 398, Pt. KKKK, §1 (AMD).] D. Detention of a juvenile in a detention facility may be ordered by the Juvenile Court or a juvenile community corrections officer when there is probable cause to believe the juvenile: (1) Has committed an act that would be murder or a Class A, Class B or Class C crime if committed by an adult; (2) Has refused to participate voluntarily in a conditional release placement or is incapacitated to the extent of being incapable of participating in a conditional release placement; (3) Has intentionally or knowingly violated a condition imposed as part of conditional release on a pending offense or has committed an offense subsequent to that release that would be a crime if committed by an adult; (4) Has committed the juvenile crime that would be escape if the juvenile was an adult; (5) Has escaped from a facility to which the juvenile had been committed pursuant to an order of adjudication or is absent without authorization from a prior placement by a juvenile community corrections officer or the Juvenile Court; or (6) Has a prior record of failure to appear in court when so ordered or summonsed by a law enforcement officer, juvenile community corrections officer or the court or has stated the intent not to appear. If, in the judgment of the juvenile community corrections officer, based on an assessment of risk, or in the judgment of the Juvenile Court, it is not necessary or appropriate to detain a juvenile who satisfies the criteria for detention, the juvenile community corrections officer or the Juvenile Court may order the placement of the juvenile in the juvenile's home or in an alternative facility or service, such as a group home, emergency shelter, foster placement or attendant care, subject to specific conditions, including supervision by a juvenile community corrections officer or a designated supervisor. Such a placement is considered a conditional release. Detention may not be ordered when either unconditional or conditional release is appropriate. [PL 1999, c. 624, Pt. B, §5 (AMD).] E. If a juvenile community corrections officer or an attorney for the State orders a juvenile detained, the juvenile community corrections officer who ordered the detention or the attorney for the State who ordered the detention shall petition the Juvenile Court for a review of the detention in time for the detention hearing to take place within the time required by subsection 5 , unless the juvenile community corrections officer who ordered the detention or the attorney for the State who ordered the detention has ordered the release of the juvenile. The juvenile community corrections officer who ordered the detention or the attorney for the State who ordered the detention may order the release of the juvenile anytime prior to the detention hearing. If the juvenile is so released, a detention hearing may not be held. [PL 2001, c. 471, Pt. A, §21 (RPR).] F. Conditional release or detention may not be ordered for a juvenile for conduct described in section 3103, subsection 1, paragraph B or C . [PL 2005, c. 328, §9 (NEW).] G. Notwithstanding any provision of law to the contrary, a juvenile who has not attained 12 years of age may not be detained at a secure detention facility for more than 7 days except by agreement of the parties. [PL 2021, c. 326, §2 (NEW).] [PL 2021, c. 326, §2 (AMD); PL 2021, c. 398, Pt. KKKK, §1 (AMD).]

4-A. Probable cause determination. Except in a bona fide emergency or other extraordinary circumstance, when a juvenile arrested without a warrant for a juvenile crime or a violation of conditional release is not released from custody or does not receive a detention hearing within 48 hours after arrest, including Saturdays, Sundays and legal holidays, a Juvenile Court Judge or justice of the peace shall determine, within that time period, whether there is probable cause to believe that the juvenile has committed a juvenile crime unless it has already been determined by a Juvenile Court Judge or justice of the peace that there is probable cause to believe that the juvenile has 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. [PL 2005, c. 328, §10 (AMD).]

5. Detention hearing. The Department of Corrections shall notify the Juvenile Court when a juvenile is detained and shall provide the court with the name and date of birth of the juvenile, the name of the arresting law enforcement agency, the time of arrest, a description of the juvenile crimes for which the juvenile was arrested and, if available, the current telephone number and e-mail address for the juvenile's parent or parents, guardian or legal custodian. Upon petition by a juvenile community corrections officer who ordered the detention or an attorney for the State who ordered the detention, the Juvenile Court shall review the decision to detain a juvenile within 48 hours following the detention, excluding Saturday, Sunday and legal holidays, except that if a juvenile is detained pursuant to subsection 7, paragraph B‑5 , the Juvenile Court shall review the decision to detain the juvenile within 24 hours following the detention, excluding Saturday, Sunday and legal holidays. If the juvenile is not emancipated and the court has been provided a telephone number or e-mail address for the juvenile's parent or parents, guardian or legal custodian, the Juvenile Court shall provide notice of the detention hearing to the juvenile's parent or parents, guardian or legal custodian. The court may conduct the detention hearing in the absence of the parent or parents, guardian or legal custodian if the court is unable to provide notice to the parent or parents, guardian or legal custodian or the parent or parents, guardian or legal custodian fails to appear after receiving notice. When a petition to review detention is filed, the Juvenile Court shall assign counsel to represent the juvenile. The assignment must be reviewed at the juvenile's first appearance before the Juvenile Court. If a juvenile petition with charges based on the conduct at issue in the detention hearing is filed, the assignment continues with respect to the petition to review detention but must be reviewed at the juvenile's first appearance on the juvenile petition. A. A detention hearing must precede and must be separate from a bind-over or adjudicatory hearing. Evidence presented at a detention hearing may include testimony, affidavits and other reliable hearsay evidence as permitted by the Juvenile Court and may be considered in making any determination in that hearing. [PL 2021, c. 326, §3 (AMD).] B. Following a detention hearing, the Juvenile 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 Juvenile Court may order that detention be continued pending further appearances before the Juvenile Court or pending conditional release to a setting satisfactory to the juvenile community corrections officer. [PL 2021, c. 326, §3 (AMD).] C. Continued detention or conditional release may not be ordered unless a Juvenile Court Judge or justice of the peace has determined pursuant to subsection 4‑A or the Juvenile Court determines at the detention hearing that there is probable cause to believe that the juvenile has committed a juvenile crime. [PL 2003, c. 706, Pt. A, §3 (AMD).] D. When the Juvenile Court orders detention or a conditional release that authorizes, even temporarily, the juvenile's removal from the juvenile's home, the Juvenile 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 Juvenile Court orders detention or a conditional release, which continues to be governed by the other provisions of this section. [PL 2021, c. 326, §3 (AMD).] [PL 2023, c. 136, §2 (AMD).]

6. Availability of judges. The Chief Judge of the District Court shall provide that a Juvenile Court Judge is available to preside at the detention hearing, described in subsection 5 , on all days except Saturdays, Sundays and legal holidays. [PL 1993, c. 675, Pt. B, §13 (AMD).]

7. Restriction on place of detention. The following restrictions are placed on the facilities in which a juvenile may be detained. 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 ; (2) Provides for no regular contact between the juveniles with the adult detainees or inmates; and (3) Has an adequate staff to provide direct observation and supervise the juvenile's activities at all times during emergency detention. Juveniles detained in adult-serving facilities may be placed only in the separate juvenile sections that comply with mandatory separation standards established by the Department of Corrections pursuant to Title 34‑A, section 1208 , unless the juvenile is held in an adult section of a facility under section 3205, subsection 2 or is bound over as an adult and held in an adult section of a facility pursuant to section 3101, subsection 4, paragraph E‑2 . [PL 2013, c. 28, §3 (AMD).] B. A juvenile may be held in custody or detention in any detention facility approved or operated by the Department of Corrections exclusively for juveniles or a temporary holding resource that provides secure supervision approved by the Department of Corrections, pending the juvenile's release or hearing in the Juvenile Court. [PL 1991, c. 493, §11 (AMD).] B-1. [PL 1997, c. 752, §10 (RP).] B-2. [PL 1997, c. 752, §11 (RP).] B-3. [PL 1995, c. 155, §3 (RP).] B-4. The State is responsible for all physically restrictive juvenile detention statewide, except that the detention for up to 6 hours provided under subsection 1 remains the responsibility of the counties. At the discretion of the sheriff, if the requirements of paragraph B‑5 are met, a county may assume responsibility for the detention of a juvenile for up to 48 hours, excluding Saturdays, Sundays and legal holidays. Upon mutual agreement of the Commissioner of Corrections and the sheriff and upon terms mutually agreeable to them, a juvenile may be detained by a county for a longer period of time in an approved detention facility or temporary holding resource complying with paragraph B . Any detention of a juvenile by a county must be in a section of a jail or other secure detention facility in compliance with paragraph A or in an approved detention facility or temporary holding resource in compliance with paragraph B . This paragraph does not apply to a juvenile who is held in an adult section of a jail pursuant to section 3101, subsection 4, paragraph E‑2 or section 3205, subsection 2 . [PL 2013, c. 28, §4 (AMD).] 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 48 hours, excluding Saturday, Sunday and legal holidays, if: (1) The facility meets the requirements of paragraph A ; (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 (3) The juvenile is detained only to await a detention hearing pursuant to subsection 5 or section 3314, subsection 2 . [PL 2009, c. 93, §7 (AMD).] C. [PL 2013, c. 28, §5 (RP).] D. [PL 2013, c. 28, §6 (RP).] [PL 2013, c. 28, §§3-6 (AMD).]

7-A. Nonsecure custody in secure detention facility. Notwithstanding other provisions of this Part, a juvenile may be held for up to 12 hours in nonsecure custody in a building housing a jail or other secure detention facility intended or primarily used for the detention of adults if the following criteria are met: A. The area where the juvenile is held is an unlocked, multipurpose area not designed or intended for use as a residential area, such as a lobby, office or interrogation room which is not designated, set aside or used as a secure detention area or is not a part of such an area, or if a secure area, is used only for processing purposes; [PL 1989, c. 925, §8 (NEW).] B. The juvenile is not physically secured to a cuffing rail or other stationary object during the period of custody in the facility; [PL 1989, c. 925, §8 (NEW).] C. Use of the area is limited to providing nonsecure custody only long enough and for the purposes of identification, investigation, processing, release to parents, or arranging transfer to an appropriate juvenile facility or to court; and [PL 1989, c. 925, §8 (NEW).] D. The juvenile is under continuous visual supervision by a law enforcement officer or facility staff person. [PL 1989, c. 925, §8 (NEW).] [PL 1989, c. 925, §8 (NEW).]

7-B. Separate nonsecure custody; detention. When a juvenile who is being held in nonsecure custody or is being detained pursuant to this section is transported to or from court or to or from a juvenile facility or is being held in a court holding area awaiting court proceedings, the juvenile must be separated by sight and sound from any adult detainee. [PL 2007, c. 96, §2 (NEW).]

8. Detention. In the event that the court orders detention, after detention hearing in accordance with subsection 5, paragraph B , a petition shall be filed within 10 days from the date of detention, unless the time is extended by the court by further order for good cause shown. In the event a petition is not so filed, then detention shall be terminated and the juvenile discharged from detention. [PL 1989, c. 744, §4 (AMD).]

9. Violation of conditions of release. Upon notification that a juvenile has intentionally or knowingly violated a condition of release, whether imposed by a court or a juvenile community corrections officer, a juvenile community corrections officer or a law enforcement officer may apply to the Juvenile Court for a warrant of arrest. A law enforcement officer or juvenile community corrections officer having probable cause to believe that a juvenile has violated a condition of release may arrest the juvenile without a warrant. Following the arrest of a juvenile by a law enforcement officer for violation of a condition of release, the law enforcement officer shall immediately notify the juvenile community corrections officer. The juvenile community corrections officer shall either direct the release of the juvenile with or without imposing different or additional conditions for release of the juvenile or shall revoke release and order the juvenile detained in accordance with subsection 4, paragraphs C and D . If different or additional conditions of release are imposed, the juvenile may request the Juvenile Court to review the conditions pursuant to subsection 10 . The review of additional or different conditions must include a hearing to determine if the preponderance of the evidence indicates that the juvenile intentionally or knowingly violated a condition of release. If detention is ordered, the provisions of subsections 4‑A and 5 apply. [PL 2003, c. 180, §5 (AMD).]

10. Juvenile Court to review for abuse of discretion. Upon the request of a juvenile or legal custodian, the Juvenile Court shall, at the juvenile's first appearance or within 7 days, review for abuse of discretion, any condition of release imposed pursuant to subsection 4, paragraph B , subparagraph (2), (3), (4) or (5). [PL 1989, c. 741, §9 (AMD).]

11. Review of order. Upon petition by a juvenile community corrections officer, an attorney for the State or a juvenile and after notice and upon a showing of changed circumstances or upon the discovery of new and significant information, the Juvenile Court may review an order for detention, conditional release or unconditional release and may enter a new order in accordance with this section. [PL 2005, c. 488, §1 (AMD).]
15 M.R.S. § 3301 — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3301
15 §3301. Preliminary investigation, informal adjustment and petition initiation
Status: in_force

1. Preliminary investigation. When a juvenile accused of having committed a juvenile crime is referred to a juvenile community corrections officer, the juvenile community corrections officer shall, except in cases in which an investigation is conducted pursuant to Title 5, section 200‑A , conduct a preliminary investigation to determine whether the interests of the juvenile or of the community require that further action be taken. On the basis of the preliminary investigation, the juvenile community corrections officer shall: A. Decide that action requiring ongoing supervision is not required either in the interests of the public or of the juvenile; [PL 1999, c. 260, Pt. A, §6 (AMD).] B. Make whatever informal adjustment is practicable without a petition; or [PL 1981, c. 679, §6 (AMD).] C. Request a petition to be filed. [PL 1977, c. 520, §1 (NEW).] [PL 1999, c. 624, Pt. B, §8 (AMD).]

2. No further action. [PL 1977, c. 664, §21 (RP).]

3. Informal adjustment. [PL 1977, c. 664, §21 (RP).]

4. Request for filing of petition. [PL 1977, c. 664, §21 (RP).]

5. Juvenile community corrections officer alternatives. On the basis of the preliminary investigation, the juvenile community corrections officer shall choose one of the following alternatives: A. Decide that action requiring ongoing supervision is not required either in the interests of the public or of the juvenile. If the juvenile community corrections officer determines that the facts in the report prepared for the community corrections officer by the referring officer pursuant to section 3203‑A, subsection 3 are sufficient to file a petition, but in the community corrections officer's judgment the interest of the juvenile and the public will be served best by providing the juvenile with services voluntarily accepted by the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated, the juvenile community corrections officer may refer the juvenile for that care and treatment and not request that a petition be filed; [PL 1999, c. 624, Pt. B, §9 (AMD).] B. Make whatever informal adjustment is practicable without a petition. The juvenile community corrections officer may effect whatever informal adjustment is agreed to by the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated, including a restitution contract with the victim of the crime and the performance of community service. Informal adjustments may extend no longer than 6 months and may not be commenced unless: (1) The juvenile community corrections officer determines that the juvenile and the juvenile's parents, guardian or legal custodian, if the juvenile is not emancipated, were advised of their constitutional rights, including the right to an adjudicatory hearing, the right to be represented by counsel and the right to have counsel appointed by the court if indigent; (2) The facts establish prima facie jurisdiction, except that any admission made in connection with this informal adjustment may not be used in evidence against the juvenile if a petition based on the same facts is later filed; and (3) Written consent to the informal adjustment is obtained from the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated; [PL 1999, c. 624, Pt. B, §9 (AMD).] C. If the juvenile community corrections officer determines that the facts are sufficient for the filing of a petition, the juvenile community corrections officer shall request the prosecuting attorney to file a petition; or [PL 1999, c. 624, Pt. B, §9 (AMD).] D. If the juvenile community corrections officer makes a determination pursuant to paragraph A or B , the community corrections officer shall notify the juvenile and the juvenile's parents, guardian or legal custodian at least 2 weeks prior to the date for which they are summonsed. [PL 1999, c. 624, Pt. B, §9 (AMD).] [PL 1999, c. 624, Pt. B, §9 (AMD).]

5-A. Community resolution teams. [PL 2007, c. 96, §3 (RP).]

6. Review by attorney for the State. If the juvenile community corrections officer decides not to request the attorney for the State to file a petition, the juvenile community corrections officer shall inform the attorney for the State, the complainant, the law enforcement officer and the victim of the decision and of the reasons for the decision as soon as practicable. The juvenile community corrections officer shall advise the complainant, the law enforcement officer and the victim that they may submit their complaint to the attorney for the State for review. If the juvenile community corrections officer makes a determination pursuant to subsection 5, paragraph A or B and decides not to request the attorney for the State to file a petition for a violation of Title 22, section 2389, subsection 2 or Title 28‑A, section 2052 , the juvenile community corrections officer shall inform the Secretary of State of that determination. The Secretary of State shall suspend for a period of 30 days that juvenile's license or permit to operate a motor vehicle, right to operate a motor vehicle and right to apply for and obtain a license. After the suspension is terminated, any record of the suspension is confidential and may be released only to a law enforcement officer or the courts for prosecution of violations of Title 29‑A, section 2412‑A . For a juvenile who has been issued a commercial driver's license or commercial learner's permit, if the juvenile community corrections officer makes a determination pursuant to subsection 5, paragraph A or B and decides to not request the attorney for the State to file a petition for a violation that would require a disqualification under 49 Code of Federal Regulations, Section 383.51, the juvenile community corrections officer shall inform the Secretary of State of that determination. The Secretary of State shall suspend the juvenile's license or permit to operate a motor vehicle or commercial motor vehicle, right to operate a motor vehicle or commercial motor vehicle and right to apply for or obtain a license in accordance with Title 29‑A and 49 Code of Federal Regulations, Section 383.51. Record of the violation is a public record pursuant to Title 29‑A, section 251, subsection 2 . The attorney for the State on that attorney's own motion or upon receiving a request for review by the law enforcement officer, the complainant or the victim, shall consider the facts of the case, consult with the juvenile community corrections officer who made the initial decision and then make a final decision as to whether to file the petition. The attorney for the State shall notify the juvenile community corrections officer of the final decision within 30 days of being informed by the juvenile community corrections officer of the initial decision. If a juvenile community corrections officer has not yet made an initial decision, the attorney for the State may file a petition at any time more than 30 days after the juvenile community corrections officer has been given notice pursuant to section 3203‑A . If the attorney for the State files a petition, the court, upon the motion of the attorney for the State, the motion of the juvenile or the court's own motion, may assign counsel for the juvenile. The assignment must be reviewed at the juvenile's first appearance before the court. [PL 2025, c. 431, §§11, 12 (AMD).]

6-A. Records confidential. [PL 2019, c. 525, §12 (RP).]

7. Nonapplication of section. The provisions of this section do not apply to a juvenile charged with the following crimes: A. Offenses involving hunting or the operation or attempted operation of a watercraft, ATV or snowmobile while under the influence of intoxicating liquor or drugs, as described under Title 12, section 10701, subsection 1-A; and [PL 2025, c. 431, §13 (NEW).] B. The criminal violation of operating a motor vehicle under the influence of intoxicating liquor or drugs with an excessive alcohol level, as described under Title 29-A, section 2411, and offenses defined in Title 29-A as Class B or C crimes. [PL 2025, c. 431, §13 (NEW).] The provisions of section 3203‑A apply in the case of a juvenile charged with a juvenile crime listed in paragraph A or B. A petition may be filed without recommendation by a juvenile community corrections officer with respect to a juvenile charged with any such offense. [PL 2025, c. 431, §13 (RPR).]
15 M.R.S. § 3003 — ME Code / Title 15 / Part 6 / Chapter 501 / Section 3003
15 §3003. Definitions
Status: in_force

As used in this Part, unless the context otherwise indicates, the following words and phrases shall have the following meanings. [PL 1977, c. 520, §1 (NEW).]

1. Adjudicatory hearing. "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition under chapter 507 are supported by evidence that satisfies the standard of proof required. [PL 2013, c. 234, §2 (AMD).]

1-A. Administration of juvenile justice. "Administration of juvenile justice" means activities related to the anticipation, prevention, detection, monitoring or investigation of known, suspected or possible juvenile crimes and the apprehension or summonsing, detention, conditional or unconditional release, informal adjustment, initial appearance, bind-over, adjudication, disposition, custody and supervision or rehabilitation of accused juveniles or adjudicated juvenile criminal offenders. "Administration of juvenile justice" includes the collection, storage and dissemination of juvenile case records and juvenile intelligence and investigative record information relating to the administration of juvenile justice. [PL 2021, c. 365, §5 (NEW); PL 2021, c. 365, §37 (AFF).]

2. Adult. "Adult" means a person 18 years of age or over. [PL 1977, c. 520, §1 (NEW).]

2-A. Attendant; attendant care. "Attendant" means an agent of a county sheriff or of the Department of Corrections who is authorized to provide temporary supervision of a juvenile alleged to have committed a juvenile crime or of a juvenile adjudicated as having committed a juvenile crime when supervision is appropriate as an interim measure pending the completion of a procedure authorized by law to be taken in regard to such juvenile. Supervision must be exercised during that period beginning with receipt of the juvenile by the attendant and ending upon the release of the juvenile to the juvenile's legal custodian or other responsible adult. This supervision constitutes "attendant care." Attendant care may not be ordered by the juvenile court except with the consent of the county sheriff or the Department of Corrections. [PL 2005, c. 328, §4 (AMD).]

3. Bind-over hearing. "Bind-over hearing" means a hearing at which the Juvenile Court determines whether to permit the State to proceed against a juvenile as if the juvenile were an adult. [PL 2019, c. 525, §1 (AMD).]

4. Commit. "Commit" means to transfer legal custody. [PL 1977, c. 520, §1 (NEW).]

4-A. Diagnostic evaluation. "Diagnostic evaluation" means an examination of a juvenile, to assess the risks the juvenile may pose and determine the needs the juvenile may have, which may include, but is not limited to, educational, vocational or psychosocial evaluations, psychometric testing and psychological, psychiatric or medical examinations, which may take place on either a residential or a nonresidential basis. [PL 1989, c. 744, §1 (AMD).]

4-B. Detention. "Detention" means the holding of a person in a facility characterized by either physically restrictive construction or intensive staff supervision that is intended to prevent a person who is placed in or admitted to the facility from departing at will. [RR 2009, c. 2, §33 (COR).]

4-C. Court-generated information. "Court-generated information" means records, information and documents created by the Juvenile Court to document activity in a case, including docket entries and other similar records. [PL 2019, c. 525, §2 (NEW).]

4-D. Disclosure. "Disclosure" means the transmission of information contained in juvenile case records by any means, including orally, in writing or electronically, upon request. [PL 2019, c. 525, §2 (NEW).]

5. Dispositional hearing. "Dispositional hearing" means a hearing to determine what order of disposition should be made concerning a juvenile who has been adjudicated as having committed a juvenile crime. [PL 1977, c. 520, §1 (NEW).]

5-A. Dissemination. "Dissemination" means release of, transmission in any manner of and access to information contained in juvenile case records expressly authorized by statute, executive order, court rule, court decision or court order. [PL 2019, c. 525, §2 (NEW).]

6. Emancipation. "Emancipation" means the release of a juvenile from the legal control of the juvenile's parents. [PL 2019, c. 525, §3 (AMD).]

7. Facility. "Facility" means any physical structure. [PL 1977, c. 520, §1 (NEW).]

8. Guardian. "Guardian" means a person lawfully invested with the power, and charged with the duty, of taking care of a person and managing the property and rights of the person, who, because of age, is considered incapable of administering the person's own affairs. [PL 2019, c. 525, §4 (AMD).]

9. He. [PL 2013, c. 234, §3 (RP).]

10. Informal adjustment. "Informal adjustment" means a voluntary arrangement between a juvenile community corrections officer and a juvenile referred to the officer that provides sufficient basis for a decision by the juvenile community corrections officer not to file a petition under chapter 507 . [PL 1999, c. 624, Pt. B, §1 (AMD).]

10-A. Inspection. "Inspection" means access to and review of juvenile case records in a manner prescribed by the Supreme Judicial Court. "Inspection" does not include disclosure or dissemination of juvenile case records. [PL 2019, c. 525, §5 (NEW).]

11. Intake. [PL 1977, c. 664, §3 (RP).]

12. Intake worker. [PL 1985, c. 439, §3 (RP).]

13. Interim care. "Interim care" means the status of temporary physical control of a juvenile by a person authorized by section 3501 . [PL 1977, c. 520, §1 (NEW).]

14. Juvenile. "Juvenile" means: A. A person who had attained 11 years of age but had not attained 18 years of age at the time the person allegedly committed any juvenile crime other than a crime described in paragraph B ; or [PL 2025, c. 431, §6 (NEW).] B. A person who had not attained 18 years of age at the time the person allegedly committed the juvenile crime of murder as provided in Title 17‑A, section 201 ; felony murder as provided in Title 17‑A, section 202 ; or manslaughter as provided in Title 17‑A, section 203 or such a person had allegedly made a criminal attempt of any of those juvenile crimes as provided in Title 17‑A, section 152 . [PL 2025, c. 431, §6 (NEW).] [PL 2025, c. 431, §6 (RPR).]

14-A. Juvenile arrest. "Juvenile arrest" means the taking of an accused juvenile into custody in conformance with the law governing the arrest of persons believed to have committed a crime. [PL 1985, c. 439, §4 (NEW).]

14-B. Juvenile community corrections officer. "Juvenile community corrections officer" means an agent of the Department of Corrections authorized: A. To perform juvenile probation functions; [PL 1985, c. 439, §4 (NEW).] B. To provide appropriate services to juveniles committed to a Department of Corrections juvenile correctional facility who are on leave or in the community on community reintegration; and [PL 2003, c. 688, Pt. A, §11 (RPR).] C. To perform all community corrections officer functions established by this Part for a juvenile alleged to have committed a juvenile crime. [PL 1999, c. 624, Pt. B, §2 (AMD).] [PL 2003, c. 688, Pt. A, §11 (AMD).]

14-C. Juvenile case records. "Juvenile case records" means all records, regardless of form or means of transmission, that comprise a juvenile court file of an individual case, including, but not limited to, court-generated information, information and documents filed by filers, transcripts of depositions, hearings, proceedings and interviews, documentary exhibits in the custody of the clerk of the court, electronic records, videotapes and records of other proceedings filed with the clerk of the court. "Juvenile case records" does not include administrative or operational records of the judicial branch. [PL 2019, c. 525, §6 (NEW).]

15. Juvenile Court. "Juvenile Court" means the District Court exercising the jurisdiction conferred by section 3101 . [PL 1979, c. 681, §38 (AMD).]

16. Juvenile crime. "Juvenile crime" has the meaning set forth in section 3103 . [PL 1977, c. 520, §1 (NEW).]

17. Law enforcement officer. [PL 2013, c. 588, Pt. A, §18 (RP).]

18. Legal custodian. "Legal custodian" means a person who has legal custody of a juvenile. [PL 1977, c. 520, §1 (NEW).]

19. Legal custody. "Legal custody" means the right to the care, custody and control of a juvenile and the duty to provide food, clothing, shelter, ordinary medical care, education and discipline for a juvenile, and, in an emergency, to authorize surgery or other extraordinary care. [PL 1977, c. 520, §1 (NEW).]

19-A. Mental disease or defect. "Mental disease or defect" has the same meaning as in Title 17‑A, section 39, subsection 2 except that "mental disease or defect" does not include, in and of itself, the fact that a juvenile has not attained the level of mental or emotional development normally associated with persons 18 years of age or older. [PL 2013, c. 234, §5 (NEW).]

19-B. Officer of the court. "Officer of the court" means a judicial officer, including a judge, an attorney or an employee of the court including a clerk or a marshal. [PL 2019, c. 525, §7 (NEW).]

19-C. Order of adjudication. "Order of adjudication" means any document, including but not limited to a judgment and commitment order including conditions of juvenile probation if imposed, any dismissal form or any written order that constitutes the final disposition of a juvenile petition. [PL 2021, c. 365, §6 (NEW); PL 2021, c. 365, §37 (AFF).]

20. Organization. [PL 2013, c. 234, §6 (RP).]

21. Parent. "Parent" means either a natural parent or the adoptive parent of a juvenile. [PL 1977, c. 520, §1 (NEW).]

22. Person. [PL 2013, c. 234, §7 (RP).]

23. Probation. "Probation" means a legal status created by court order in cases involving a juvenile adjudicated as having committed a juvenile crime that permits the juvenile to remain in the juvenile's own home or other placement designated by the Juvenile Court subject to revocation for violation of any condition imposed by the court. [PL 2019, c. 525, §8 (AMD).]

24. Probation officer; juvenile probation officer. [PL 1985, c. 439, §5 (RP).]

24-A. Secure detention facility. "Secure detention facility" means a facility characterized by physically restrictive construction that is intended to prevent a person who is placed in or admitted to the facility from departing at will. [PL 1991, c. 493, §2 (AMD).]

25. Shelter. "Shelter" means the temporary care of a juvenile in physically unrestricting facilities. [PL 1977, c. 520, §1 (NEW).]

26. Temporary holding resource. "Temporary holding resource" means an area not in a jail or other secure detention facility intended or primarily used for the detention of adults that may be used to provide secure supervision for a juvenile for a period not to exceed 72 hours, excluding Saturday, Sunday and legal holidays, pending the completion of a procedure authorized by law to be taken in regard to a juvenile. Security is provided by intense personal supervision rather than by the physical characteristics of the facility. [PL 1991, c. 493, §3 (AMD).]

27. Temporary supervision. "Temporary supervision" means that supervision provided by an attendant delivering attendant care as defined in subsection 2‑A . [PL 1985, c. 439, §7 (NEW).]

28. Victim. "Victim" has the same meaning as in Title 17‑A, section 2101, subsection 2 . [PL 2021, c. 365, §7 (NEW); PL 2021, c. 365, §37 (AFF).]
15 M.R.S. § 2305 — ME Code / Title 15 / Part 4 / Chapter 311 / Section 2305
15 §2305. Procedure and rights -- Article IV
Status: in_force

1. Custody, care and treatment. Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III , shall decide that custody, care and treatment in, or transfer of a patient to, a facility within the territory of another party state, or conditional release for aftercare in another party state is necessary in order to provide adequate care and treatment or is desirable in order to provide an appropriate program of therapy or other treatment, or is desirable for clinical reasons, the officials may direct that the custody, care and treatment be within a facility or in a program of aftercare within the territory of that other party state, the receiving state to act in that regard solely as agent for the sending state. [PL 1979, c. 303 (NEW).]

2. Access to facility. The appropriate officials of any state party to this compact shall have access at all reasonable times, to any facility in which it has a contractual right to secure care or treatment of patients for the purpose of inspection and visiting such of its patients as may be in the facility or served by it. [PL 1979, c. 303 (NEW).]

3. Sending state; jurisdiction. Except as otherwise provided in Article VI , patients in a facility pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed for transfer to a facility within the sending state, for transfer to another facility in which the sending state may have a contractual or other right to secure care and treatment of patients, for release on aftercare or other conditional status, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III . [PL 1979, c. 303 (NEW).]

4. Reports. Each receiving state shall provide regular reports to each sending state on the patients of that sending state in facilities pursuant to this compact, including a psychiatric and behavioral record of each patient, and certify that record to the official designated by the sending state, in order that each patient may have the benefit of the patient's record in determining and altering the disposition of that patient in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. [RR 2023, c. 2, Pt. D, §87 (COR).]

5. Treatment. All patients who may be in a facility or receiving aftercare from a facility pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for, treated and supervised in accordance with the standards pertaining to the program administered at the facility. The fact of presence in a receiving state shall not deprive any patient of any legal rights which that patient would have had if in custody or receiving care, treatment or supervision as appropriate in the sending state. [PL 1979, c. 303 (NEW).]

6. Hearing or hearings. Any hearing or hearings to which a patient present in a receiving state pursuant to this compact may be entitled by the laws of the sending state shall be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. The record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this shall be borne by the sending state. [PL 1979, c. 303 (NEW).]

7. Confinement. Any patient confined pursuant to this compact shall be released within the territory of the sending state unless the patient, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. [PL 1979, c. 303 (NEW).]

8. Civil process. A patient pursuant to the terms of this compact is subject to civil process and has any and all rights to sue, be sued and participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the patient's status changed on account of any action or proceeding in which the patient could have participated if in any appropriate facility of the sending state or being supervised therefrom, as the case may be, located within such state. [RR 2023, c. 2, Pt. D, §88 (COR).]

9. Exercise of power. The parent, guardian, trustee or other person or persons entitled under the laws of the sending state to act for, advise or otherwise function with respect to any patient may not be deprived of or restricted in the parent's, guardian's, trustee's or other person's or persons' exercise of any power in respect of any patient pursuant to the terms of this compact. [RR 2023, c. 2, Pt. D, §89 (COR).]
15 M.R.S. § 3308-A — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3308-A
15 §3308-A. Dissemination of juvenile intelligence and investigative record information by a Maine criminal justice agency
Status: in_force

The following provisions apply to the dissemination of juvenile intelligence and investigative record information collected by or at the direction of or kept in the custody of any Maine criminal justice agency. [PL 2013, c. 267, Pt. D, §1 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. [PL 2021, c. 365, §12 (RP); PL 2021, c. 365, §37 (AFF).] B. "Criminal justice agency" has the same meaning as in Title 16, section 803, subsection 4 . [PL 2013, c. 267, Pt. D, §1 (NEW).] C. [PL 2019, c. 525, §18 (RP).] C-1. "Dissemination" has the same meaning as in Title 16, section 703, subsection 6 . [PL 2021, c. 365, §13 (NEW); PL 2021, c. 365, §37 (AFF).] D. "Executive order" has the same meaning as in Title 16, section 803, subsection 6 . [PL 2013, c. 267, Pt. D, §1 (NEW).] E. "Juvenile intelligence and investigative record information" means information of record collected by a criminal justice agency or at the direction of a criminal justice agency or kept in the custody of a criminal justice agency while performing the administration of juvenile justice. "Juvenile intelligence and investigative record information" includes information of record concerning investigative techniques and procedures and security plans and procedures prepared or collected by a criminal justice agency or another agency. "Juvenile intelligence and investigative record information" does not include criminal history record information as defined in Title 16, section 703, subsection 3 or intelligence and investigative record information as defined in Title 16, section 803, subsection 7 . [PL 2013, c. 267, Pt. D, §1 (NEW).] F. "State" has the same meaning as in Title 16, section 803, subsection 8 . [PL 2013, c. 267, Pt. D, §1 (NEW).] G. "Statute" has the same meaning as in Title 16, section 803, subsection 9 . [PL 2013, c. 267, Pt. D, §1 (NEW).] [PL 2021, c. 365, §§12, 13 (AMD); PL 2021, c. 365, §37 (AFF).]

2. Information part of juvenile case records. To the extent juvenile intelligence and investigative record information has been made part of the juvenile case records, dissemination of that juvenile intelligence and investigative record information by the court having actual custody of the juvenile case records must be as provided by section 3308‑C, subsection 4 . [PL 2021, c. 365, §14 (AMD); PL 2021, c. 365, §37 (AFF).]

3. Limited dissemination. Except as otherwise provided in subsection 2 , juvenile intelligence and investigative record information is confidential and may be disseminated by a Maine criminal justice agency only to: A. Another criminal justice agency; [PL 2013, c. 267, Pt. D, §1 (NEW).] B. A person or public or private entity as part of performing the administration of juvenile justice; [PL 2013, c. 267, Pt. D, §1 (NEW).] B-1. A health care provider. "Health care provider" has the same meaning as in 45 Code of Federal Regulations, Section 160.103; [PL 2019, c. 525, §20 (NEW).] B-2. A governmental agency or subunit of a governmental agency in this State or another state that pursuant to statute is responsible for investigating abuse, neglect or exploitation of children or a governmental agency in this State or another state responsible for the licensing of child care facilities, family child care providers or children's camp programs or their employees; [PL 2021, c. 365, §15 (NEW); PL 2021, c. 365, §37 (AFF).] C. A juvenile accused of a juvenile crime or that juvenile's agent or attorney for adjudicatory or dispositional purposes if authorized by: (1) The responsible prosecutorial office or prosecutor; or (2) A court rule or court order of this State or of the United States. As used in this paragraph, "agent" means a licensed professional investigator, an expert witness or the juvenile's parents, guardian or legal custodian; [PL 2013, c. 267, Pt. D, §1 (NEW).] D. A juvenile crime victim or that victim's agent or attorney if authorized by: (1) Statute; or (2) A court order pursuant to section 3307 or 3308‑C . As used in this paragraph, "agent" means a licensed professional investigator or an immediate family member if, due to death, age, physical or mental disease, disorder or intellectual disability or autism, the victim cannot realistically act on the victim's own behalf; [PL 2021, c. 365, §16 (AMD); PL 2021, c. 365, §37 (AFF).] E. A federal court, the District Court, including when it is exercising the jurisdiction conferred by section 3101 , the Superior Court or the Supreme Judicial Court and an equivalent court in another state; and [PL 2013, c. 267, Pt. D, §1 (NEW).] F. A person or public or private entity expressly authorized to receive the juvenile intelligence and investigative record information by statute, executive order, court rule, court decision or court order. "Express authorization" means language in the statute, executive order, court rule, court decision or court order that specifically speaks to intelligence or investigative record information or specifically refers to a type of intelligence or investigative record. [PL 2013, c. 267, Pt. D, §1 (NEW).] [PL 2021, c. 365, §§15, 16 (AMD); PL 2021, c. 365, §37 (AFF).]

4. Dissemination of juvenile intelligence and investigative record information subject to reasonable limitations. The dissemination of juvenile intelligence and investigative record information by a criminal justice agency pursuant to subsection 3, paragraphs B , B‑1 , B‑2 and D is subject to limitations to reasonably ensure that dissemination of the information will not: A. Interfere with law enforcement proceedings relating to crimes; [PL 2019, c. 525, §22 (NEW).] B. Result in public dissemination of prejudicial information concerning an accused person or concerning the prosecution's evidence that will interfere with the ability of a court to impanel an impartial jury; [PL 2019, c. 525, §22 (NEW).] C. Constitute an unwarranted invasion of personal privacy, including, but not limited to, the personal privacy of juveniles and victims; [PL 2019, c. 525, §22 (NEW).] D. Disclose the identity of a confidential source; [PL 2019, c. 525, §22 (NEW).] E. Disclose confidential information furnished only by a confidential source; [PL 2019, c. 525, §22 (NEW).] F. Disclose investigative techniques and procedures or security plans and procedures not known by the general public; [PL 2019, c. 525, §22 (NEW).] G. Endanger the life or physical safety of any individual, including law enforcement personnel; [PL 2019, c. 525, §22 (NEW).] H. Disclose information designated confidential by statute; and [PL 2019, c. 525, §22 (NEW).] I. Interfere with proceedings relating to civil violations, civil enforcement proceedings and other civil proceedings conducted by the Department of the Attorney General or by a district attorney's office. [PL 2019, c. 525, §22 (NEW).] To comply with this subsection a criminal justice agency may deny access in whole or in part to records that contain or constitute juvenile intelligence and investigative record information. A criminal justice agency also may prepare and provide redacted copies of such records to a person or public or private entity authorized to receive the information under this section. [PL 2021, c. 365, §17 (AMD); PL 2021, c. 365, §37 (AFF).]

5. Secondary dissemination of confidential juvenile intelligence and investigative record information restricted. A person or public or private entity authorized to receive juvenile intelligence and investigative record information under this section may not further disseminate such information unless expressly authorized to do so by statute, court decision or court order. "Express authorization" means language in the statute, court decision or court order that specifically speaks of juvenile intelligence and investigative record information or specifically refers to a type of juvenile intelligence or investigative record. [PL 2019, c. 525, §22 (NEW).]

6. Confirming existence or nonexistence of confidential juvenile intelligence and investigative record information prohibited. A criminal justice agency may not confirm the existence or nonexistence of juvenile intelligence and investigative record information that is confidential under this section to any person or public or private entity that is not eligible to know of or receive the information itself. [PL 2019, c. 525, §22 (NEW).]

7. Unlawful dissemination of confidential juvenile intelligence and investigative record information. Any person who intentionally disseminates confidential juvenile intelligence and investigative record information knowing it to be in violation of any provision of this chapter commits a civil violation for which a fine of not more than $1,000 may be adjudged. The District Court has jurisdiction over violations under this subsection. [PL 2021, c. 365, §18 (NEW); PL 2021, c. 365, §37 (AFF).]
15 M.R.S. § 107 — ME Code / Title 15 / Part 1 / Chapter 5 / Section 107
15 §107. Involuntary medication of patient
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Commissioner" means the Commissioner of Health and Human Services or the commissioner's designee. [PL 2015, c. 325, §1 (NEW).] B. "Department" means the Department of Health and Human Services. [PL 2015, c. 325, §1 (NEW).] C. "Patient" means a person held in a hospital under section 101‑D or 103 . [PL 2015, c. 325, §1 (NEW).] D. "Psychiatrist" includes a physician associate working under the supervision of a psychiatrist and a psychiatric nurse practitioner. [PL 2015, c. 325, §1 (NEW); PL 2025, c. 316, §3 (REV).] [PL 2015, c. 325, §1 (NEW); PL 2025, c. 316, §3 (REV).]

2. Administration of psychiatric medication over objection prohibited; exceptions. A patient may not be administered psychiatric medication over the objection of the patient except: A. As ordered by the court under section 106 ; [PL 2015, c. 325, §1 (NEW).] B. In accordance with an advance health care directive; [PL 2015, c. 325, §1 (NEW).] C. For a patient under guardianship, as authorized by the guardian; or [PL 2015, c. 325, §1 (NEW).] D. For a patient who is not under guardianship, for whom no advance health care directive is known to be in effect and for whom no administration of medication under section 106 has been ordered, as provided in subsection 3 . [PL 2015, c. 325, §1 (NEW).] [PL 2015, c. 325, §1 (NEW).]

3. Involuntary medication on nonemergency basis. A hospital may seek to initiate involuntary medication of a patient under this section on a nonemergency basis only if all of the following conditions have been met: A. A psychiatrist has determined that the patient has a mental illness or disorder; [PL 2015, c. 325, §1 (NEW).] B. A psychiatrist has determined that, as a result of the patient's mental illness or disorder, the patient poses a substantial risk of harm to self or others or there is a reasonable certainty that the patient will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the patient adequately from impairment or injury; [PL 2015, c. 325, §1 (NEW).] C. A psychiatrist has determined that the patient should be treated with psychiatric medication and has prescribed one or more psychiatric medications for the treatment of the patient's mental illness or disorder, has considered the risks and benefits of and treatment alternatives to involuntary medication and has determined that the need for treatment outweighs the risks and side effects; [PL 2015, c. 325, §1 (NEW).] D. The patient has been advised of the risks and benefits of and treatment alternatives to the psychiatric medication and refuses or is unable to consent to the administration of the medication; [PL 2015, c. 325, §1 (NEW).] E. The patient is provided a hearing before a hearing officer. The hearing must be held not more than 14 days after the filing of the notice by the hospital pursuant to paragraph G with the department's office of administrative hearings, unless counsel for the patient agrees to extend the date of the hearing; [PL 2015, c. 325, §1 (NEW).] F. The patient is provided counsel at the department's expense at least 7 days prior to the hearing under paragraph E ; [PL 2015, c. 325, §1 (NEW).] G. The patient and counsel are provided with written notice of the hearing under paragraph E by the hospital at least 7 days prior to the hearing. The written notice must: (1) Set forth the patient's diagnosis, the factual basis for the diagnosis, the basis upon which psychiatric medication is recommended, the expected benefits, potential side effects and risks of the medication to the patient and treatment alternatives to medication, if any; (2) Advise the patient of the right to be present at the hearing, the right to be represented by counsel, the right to present evidence and the right to cross-examine witnesses. Counsel for the patient must have access to all medical records and files of the patient; and (3) Inform the patient of the patient's right to file an appeal in Superior Court of a decision of the commissioner authorizing involuntary treatment. Failure of the hospital to provide timely or adequate notice pursuant to this paragraph may be excused only upon a showing of good cause and the absence of prejudice to the patient. In making this determination, the hearing officer may consider factors including, but not limited to, the ability of the patient's counsel to prepare the case adequately and to confer with the patient, the continuity of care and, if applicable, the need for protection of the patient or institutional staff that would be compromised by a procedural default; [PL 2015, c. 325, §1 (NEW).] H. The hearing officer at the hearing under paragraph E determines by clear and convincing evidence that: (1) The patient has a mental illness or disorder; (2) As a result of that illness or disorder the patient poses a substantial risk of harm to self or others or there is a reasonable certainty that the patient will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the patient adequately from impairment or injury if not medicated; (3) There is no less intrusive alternative to involuntary medication; and (4) The need for treatment outweighs the risks and side effects; [PL 2015, c. 325, §1 (NEW).] I. The hearing officer at the hearing under paragraph E recommends to the commissioner that an order authorizing administration of involuntary medication be issued; [PL 2015, c. 325, §1 (NEW).] J. The commissioner issues an order authorizing administration of involuntary medication. The decision whether to issue an order authorizing administration of involuntary medication rests with the commissioner. An order authorizing administration of involuntary medication provides authority to undertake procedures and administer medication to monitor and manage side effects, all consistent with medical standards of care; and [PL 2015, c. 325, §1 (NEW).] K. The historical course of the patient's mental illness or disorder, as determined by available relevant information about the course of the patient's mental illness or disorder, is considered when it has direct bearing on the determination of whether the patient, as the result of a mental illness or disorder, poses a substantial risk of harm to self or others or there is a reasonable certainty that the patient will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the patient adequately from impairment or injury. [PL 2015, c. 325, §1 (NEW).] [PL 2015, c. 325, §1 (NEW).]

4. Emergency action. Nothing in this section prohibits a physician from taking appropriate action in an emergency, as defined by the department in rules adopted pursuant to Title 34‑B, section 3003 and in accordance with procedures contained in those rules. [PL 2015, c. 325, §1 (NEW).]

5. Effective date and expiration of order. An order authorizing involuntary medication pursuant to subsection 3 is effective 24 hours after it is issued and expires one year after the date of the order, unless a new authorization is given pursuant to the procedures set forth in subsection 7 or authorization is terminated early based on a significant change to the patient's medical condition such that the need for treatment no longer outweighs the risks and side effects pursuant to the procedures set forth in subsection 8 . [PL 2015, c. 325, §1 (NEW).]

6. Effect of subsequent consent. A patient's subsequent informed consent does not abrogate an order authorizing involuntary medication under this section. [PL 2015, c. 325, §1 (NEW).]

7. Extension. To extend an authorization that is in effect allowing involuntary medication under this section, the hospital shall, no later than 21 days prior to the expiration of the authorization, file with the department's office of administrative hearings and provide the patient and the patient's counsel with a written notice indicating the hospital's intent to extend the authorization under the existing decision. A. A patient who is the subject of a filing under this subsection must be given the same due process protections as specified in subsection 3 . The hearing on any request to extend an order for involuntary medication must be conducted prior to the expiration of the authorization that is in effect. If the hospital wishes to add a basis to an existing decision authorizing involuntary medication, the notice required by subsection 3, paragraph G must also specify the additional basis and the conduct within the past year that supports that additional basis. The hospital must prove the additional basis and conduct at the hearing as specified in subsection 3, paragraph H . If the hearing officer determines that the requirements for the extension of an authorization described in paragraph B have been met, the hearing officer must recommend an extension of the authorization to the commissioner. While the hearing officer may consider evidence of behavior during the period of involuntary medication, no new acts necessarily need to be alleged or proven in order to support an extension of the authorization that is in effect. [PL 2015, c. 325, §1 (NEW).] B. The commissioner may order an extension of an authorization under this subsection. An order extending an authorization that is in effect must be granted based on clear and convincing evidence that: (1) The patient has a mental illness or disorder; (2) As a result of that illness or disorder the patient poses a substantial risk of harm to self or others or there is a reasonable certainty that the patient will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the patient adequately from impairment or injury if not medicated; (3) There is no less intrusive alternative to involuntary medication; and (4) The need for treatment outweighs the risks and side effects. [PL 2015, c. 325, §1 (NEW).] C. An extension under this subsection is valid for one year after the date of the hearing under paragraph A . [PL 2015, c. 325, §1 (NEW).] [PL 2015, c. 325, §1 (NEW).]

8. Early termination. To request early termination of an authorization allowing involuntary medication, the patient or the patient's designated representative shall file a request with the department's office of administrative hearings, along with copies of documents from the patient's hospital record, or from another medical source, demonstrating that there has been a significant change to the conditions leading to the original order or the patient's medical condition. The hearing officer shall determine within 14 days whether the documents are sufficient to show such a change, and, if so, shall schedule a hearing to determine whether the change in the conditions leading to the original order or the patient's medical condition is such that the benefits of the authorized treatment no longer outweigh the risks and side effects. A. A hearing under this subsection must be held no more than 14 days after the hearing officer's determination, unless the patient or the patient's designated representative agrees to extend the date of the hearing. The authorization remains in effect unless it is terminated following the hearing. [PL 2015, c. 325, §1 (NEW).] B. The patient, the patient's designated representative, if any, and the hospital must be provided with written notice of the hearing under this subsection at least 7 days prior to the hearing. The written notice must: (1) Advise the patient of the right to be present at the hearing, the right to present evidence and the right to present and examine witnesses; and (2) Inform the patient of the patient's right to file an appeal in Superior Court of a decision of the commissioner determining that the benefits of the authorized treatment continue to outweigh the risks and side effects. [PL 2015, c. 325, §1 (NEW).] C. For purposes of a request for early termination of an authorization under this subsection, the patient may name as the patient's designated representative a lay advisor provided by the hospital, a lawyer provided by the patient at the patient's own expense or another representative who is selected by the patient and who is willing and able to assist in the proceeding. If the hearing officer determines that a hearing is warranted, the patient must be provided counsel at the department's expense at least 7 days prior to the hearing. [PL 2015, c. 325, §1 (NEW).] D. If, following a hearing under this subsection, the hearing officer determines by clear and convincing evidence that the benefits of authorized treatment no longer outweigh the risks and side effects, the hearing officer must recommend termination of the authorization to the commissioner. The decision whether to terminate the authorization of involuntary treatment rests with the commissioner, who shall act within 48 hours upon the hearing officer's recommendation. [PL 2015, c. 325, §1 (NEW).] [PL 2015, c. 325, §1 (NEW).]

9. Final agency action. An order issued by the commissioner under subsection 3, paragraph J , subsection 7, paragraph B or subsection 8, paragraph D is a final agency action. [PL 2015, c. 325, §1 (NEW).]

10. Rules. The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 325, §1 (NEW).]
15 M.R.S. § 2218 — ME Code / Title 15 / Part 4 / Chapter 309 / Section 2218
15 §2218. Transportation of women
Status: in_force

When a woman is to be transported to or from a state hospital for the mentally ill under this chapter, the officer making application for her admission shall, unless she is to be accompanied by her husband or any adult relative, designate a woman to be an attendant or one of the attendants to accompany her. [PL 1969, c. 403, §5 (RPR).]
15 M.R.S. § 3308-C — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3308-C
15 §3308-C. Confidentiality of juvenile case records
Status: in_force

1. Confidentiality. Juvenile case records are confidential and may not be disclosed, disseminated or inspected except as expressly authorized by this Part. Juvenile case records open to public inspection may be inspected only at the courthouse. The court may not disseminate any juvenile case records, including those open to public inspection, to the public in any manner, including by any paper or electronic means. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).]

2. Juvenile petitions open to public inspection. Unless Juvenile Court proceedings are suspended pursuant to section 3318‑A, subsection 5 , the following juvenile petitions are open to public inspection: A. Any juvenile petition alleging a violation of Title 17‑A, section 201 , 202 or 203 if the juvenile charged had attained 13 years of age at the time of the alleged juvenile crime, if the Juvenile Court has found there is probable cause to believe the juvenile committed a juvenile crime that would be a violation of Title 17‑A, section 201 , 202 or 203 if the juvenile involved were an adult. If the juvenile had not attained 13 years of age at the time of the alleged violation of Title 17‑A, section 201 , 202 or 203 , the Juvenile Court may allow public inspection of the juvenile petition pursuant to paragraph C ; [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] B. Any juvenile petition alleging a juvenile crime that would constitute a Class A crime if committed by an adult if the juvenile charged had attained 13 years of age at the time of the alleged juvenile crime if the Juvenile Court has found there is probable cause to believe the juvenile committed a juvenile crime that would be a Class A crime if the juvenile involved were an adult. If the juvenile had not attained 13 years of age at the time of the juvenile crime that would constitute a Class A crime if committed by an adult, the Juvenile Court may allow public inspection of the juvenile petition pursuant to paragraph C . A petition open to public inspection under this paragraph may be made confidential and not open to public inspection if, upon written request by a person to the Juvenile Court, and after notice to the juvenile and the juvenile's parent or parents, guardian or legal custodian, the attorney for the juvenile and the office of the prosecuting attorney, and after a hearing in which the Juvenile Court considers the purposes of this Part, the juvenile's interest in privacy, the alleged victim's interest in privacy, the nature of the juvenile crime alleged and the characteristics of the juvenile and public safety concerns as outlined in section 3101, subsection 4, paragraph D , the court determines that the general public's right to information does not substantially outweigh the juvenile's interest in privacy or the alleged victim's interest in privacy; and [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] C. Any petition alleging a juvenile crime that would constitute murder or a Class A crime if committed by an adult and the juvenile charged had not attained 13 years of age at the time of the alleged juvenile crime, or any petition alleging a juvenile of any age committed a juvenile crime that would constitute a Class B or C crime if committed by an adult, if: (1) A written request is filed by any person with the Juvenile Court requesting that the juvenile petition be open to public inspection; (2) The Juvenile Court has found there is probable cause to believe the juvenile committed a juvenile crime that would constitute murder, a violation of Title 17‑A, section 204 or a Class A, B or C crime if the juvenile involved were an adult; and (3) After notice to the juvenile and the juvenile's parent or parents, guardian or legal custodian, the attorney for the juvenile, the office of the prosecuting attorney and the individual or entity requesting the juvenile petition be open to public inspection and a hearing in which the Juvenile Court considers the purposes of this Part, the juvenile's interest in privacy, the alleged victim's interest in privacy, the nature of the juvenile crime alleged and the characteristics of the juvenile and public safety concerns as outlined in section 3101, subsection 4, paragraph D , the court determines that the general public's right to information substantially outweighs the juvenile's interest in privacy and the alleged victim's interest in privacy. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] D. In a juvenile petition alleging multiple juvenile crimes, the juvenile crime that would constitute the highest class of crime if the juvenile were an adult determines whether the petition is open to public inspection. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] The prosecuting attorney shall ensure that names and identifying information of any alleged victims are redacted before a petition is filed with the Juvenile Court. If a request to allow public inspection of a petition under this subsection has been filed, the Juvenile Court shall advise the juvenile and the juvenile's parent or parents, guardian or legal custodian that the request has been made and shall advise them of the juvenile's right to be represented by counsel. The court may not allow the public to inspect a juvenile petition pursuant to paragraph C until authorized by court order. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).]

3. Orders of adjudication open to public inspection. Orders of adjudication for any juvenile crime that would constitute murder or a Class A, B or C crime if the juvenile involved were an adult are open to public inspection. Orders of adjudication for all other juvenile crimes are confidential and not open to public inspection. When an order of adjudication reflects adjudications for both a juvenile crime that would constitute murder or a Class A, B or C crime if the juvenile involved were an adult and another juvenile crime or crimes not constituting murder or a Class A, B or C crime if the juvenile involved were an adult, the juvenile crime that would constitute the highest class of crime if the juvenile were an adult determines whether the order of adjudication is open to public inspection. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).]

4. Dissemination of information contained in juvenile case records. The following provisions apply to the dissemination of information contained in juvenile case records. A. For purposes of this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Administration of criminal justice" has the same meaning as in Title 16, section 703, subsection 1 . (2) "Criminal justice agency" has the same meaning as in Title 16, section 703, subsection 4 . (3) "Juvenile intelligence and investigative record information" has the same meaning as in section 3308‑A, subsection 1, paragraph E . [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] B. Nothing in this section precludes sharing of any information contained in juvenile case records by one criminal justice agency with another criminal justice agency for the purpose of administration of criminal justice, administration of juvenile justice or criminal justice agency employment. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] C. Nothing in this section precludes dissemination of any information contained in juvenile case records if: (1) The juvenile has been adjudicated as having committed a juvenile crime; (2) The information is disseminated by and to persons who directly supervise or report on the health, behavior or progress of the juvenile, the superintendent of the juvenile's school and the superintendent's designees, criminal justice agencies or agencies that are or might become responsible for the health or welfare of the juvenile as a result of a court order or by agreement with the Department of Corrections or the Department of Health and Human Services; and (3) The information is relevant to and disseminated only for the purpose of creating or maintaining an individualized plan for the juvenile's rehabilitation, including reintegration into a school. Any information received under this paragraph is confidential and may not be further disclosed or disseminated, except as otherwise provided by law. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] D. Nothing in this section precludes dissemination of any information in the juvenile case records in the possession of the Department of Corrections if the person concerning whom the juvenile case records are sought, the juvenile, the person's legal guardian, if any, and, if the person is a minor, the person's parent or parents, guardian or legal custodian have given informed written consent to the dissemination of the juvenile case records. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] E. Except as expressly authorized by this section, juvenile intelligence and investigative record information, juvenile community corrections officers' records and all other reports of social and clinical studies contained in juvenile case records may not be open to inspection and may not be disclosed or disseminated except with the consent of the Juvenile Court. The names and identifying information regarding any alleged victims and minors contained in the juvenile case records must be redacted prior to disclosure, dissemination or inspection. The Juvenile Court may not order the disclosure, dissemination or inspection of juvenile case records unless the juvenile, the juvenile's parent or parents, guardian or legal custodian and either the juvenile's attorney or, if the juvenile does not have an attorney, the juvenile's attorney of record and the prosecuting attorney are given notice of the request and an opportunity to be heard regarding the request. In deciding whether to allow the disclosure, dissemination or inspection of any portion of juvenile case records under this paragraph, the Juvenile Court shall consider the purposes of this Part and the reasons for which the request is being made and may restrict the disclosure, dissemination or inspection of the juvenile case records in any manner the court determines necessary or appropriate. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] F. When a juvenile who is adjudicated as having committed a juvenile crime that if committed by an adult would be gross sexual assault under Title 17‑A, section 253, subsection 1 is committed to a Department of Corrections juvenile correctional facility or placed on probation, the Department of Corrections shall provide, while the juvenile is committed or on probation, a copy of the juvenile's judgment and commitment to the Department of Health and Human Services, to all law enforcement agencies that have jurisdiction in those areas where the juvenile resides, works or attends school and to the superintendent of any school in which the juvenile attends school during the period of commitment or probation. The Department of Corrections shall provide a copy of the juvenile's judgment and commitment to all licensed day care facility operators located in the municipality where the juvenile resides, works or attends school during the period of commitment or probation. Upon request, the Department of Corrections shall also provide a copy of the juvenile's judgment and commitment to other entities that are involved in the care of children and are located in the municipality where the juvenile resides, works or attends school during the period of commitment or probation. The Department of Corrections may provide a copy of the juvenile's judgment and commitment to any other agency or person that the Department of Corrections determines is appropriate to ensure public safety. Neither the failure of the Department of Corrections to perform the requirements of this paragraph nor compliance with this paragraph subjects the Department of Corrections or its employees to liability in a civil action. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] G. Juvenile case records must be open to inspection by and, upon request, be disseminated to the juvenile, the juvenile's parent or parents, guardian or legal custodian, the juvenile's attorney, the prosecuting attorney and any agency to which legal custody of the juvenile was transferred as a result of an adjudication. Juvenile case records must also be open to inspection by and, upon request, be disseminated to the Department of Health and Human Services prior to adjudication if commitment to the Department of Health and Human Services is a proposed disposition. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] H. Juvenile case records must be open to inspection by and, upon request, be disseminated to the Maine Commission on Public Defense Services established by Title 5, section 12004‑G, subsection 25‑A for the purposes of assigning, evaluating or supervising counsel. [PL 2023, c. 638, §22 (NEW).] [PL 2023, c. 638, §22 (AMD).]

5. Victim access to juvenile case records. Notwithstanding confidentiality provisions of this section, the juvenile petition and order of adjudication may be inspected by: A. The victim; [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] B. If the victim is a minor, the parent or parents, guardian or legal custodian of the victim; or [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] C. If the victim cannot act on the victim's own behalf due to death, age, physical or mental disease or disorder or intellectual disability or autism or other reason, an immediate family member, guardian, legal custodian or attorney representing the victim. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] Notwithstanding any provision of this section to the contrary, juvenile case records must be open to inspection by or may be disseminated to the Victims' Compensation Board established in Title 5, section 12004‑J, subsection 11 if a juvenile is alleged to have committed an offense upon which an application to the board is based. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).]

6. Access to juvenile case records by other persons. With the consent of the Juvenile Court and subject to reasonable limitations to protect the identity, privacy and safety of 3rd parties, including, but not limited to, victims and other accused or adjudicated juveniles, and the interests of justice, juvenile case records, excluding the names of the juvenile and the juvenile's parent or parents, guardian or legal custodian, the juvenile's attorney or any other parties, may be inspected by or disseminated to persons having a legitimate interest in the proceedings or by persons conducting pertinent research studies. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).]

7. Order following determination that juvenile case records are open to public inspection, disclosure or dissemination. Following a determination that a juvenile petition, order of adjudication or other juvenile case records are open to public inspection, disclosure or dissemination under this section, the Juvenile Court shall enter an order specifying which juvenile case records may be inspected, disclosed or disseminated and identifying the individual or agency granted access to those juvenile case records. The Juvenile Court may restrict the further disclosure, dissemination or inspection of the juvenile case records in any manner the court determines necessary or appropriate. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).]

8. Records to Secretary of State. Whenever a juvenile has been adjudicated as having committed a juvenile crime involving the operation of a motor vehicle, or when the Juvenile Court has ordered a disposition pursuant to section 3314, subsection 3‑A , 3‑B or 3‑C that includes suspension of the juvenile's right to operate a motor vehicle, the court shall transmit to the Secretary of State an abstract, duly certified, setting forth the name of the juvenile, the offense, the date of the offense, the date of the adjudicatory hearing and any other pertinent facts. These juvenile case records are admissible in evidence in hearings conducted by the Secretary of State or any of the Secretary of State's deputies and are open to public inspection. This Part may not be construed to limit the authority of the Secretary of State, pursuant to Title 29‑A , to suspend a person's driver's license or permit to operate a motor vehicle, right to operate a motor vehicle or right to apply for or obtain a driver's license. [PL 2025, c. 431, §14 (AMD).]

9. Transmission of information about a committed juvenile. Information regarding a juvenile committed to the custody of the Department of Corrections or the custody of the Department of Health and Human Services must be provided as follows. A. The Juvenile Court shall transmit with the commitment order a copy of the petition, the order of adjudication, copies of any social studies, any clinical or educational reports and information pertinent to the care and treatment of the juvenile. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] B. The Department of Corrections or the Department of Health and Human Services shall provide the Juvenile Court with any information concerning the juvenile committed to either department's custody that the court at any time may request. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).]

10. Juvenile case records sealed. This subsection governs the sealing of juvenile case records of a person adjudicated as having committed a juvenile crime. A. A person adjudicated as having committed a juvenile crime that, if the juvenile were an adult, would constitute murder or a Class A, B or C crime or operating under the influence as defined in Title 29‑A, section 2411 may petition the Juvenile Court to seal from public inspection all juvenile case records pertaining to the juvenile crime and its disposition and any prior juvenile case records and their dispositions if: (1) At least 3 years have passed since the person's discharge from the disposition ordered for that juvenile crime; (2) Since the date of disposition, the person has not been adjudicated as having committed a juvenile crime and has not been convicted of committing a crime; and (3) There are no current adjudicatory proceedings pending for a juvenile or other crime. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] B. The Juvenile Court may grant the petition filed under paragraph A if the court finds that the requirements of paragraph A are satisfied, unless the court finds that the general public's right to information substantially outweighs the juvenile's interest in privacy. The juvenile has a right to appeal the court's denial of the juvenile's petition to seal as provided in chapter 509 . [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] C. At the time a person adjudicated to have committed a juvenile crime other than a crime listed in paragraph A is finally discharged from the disposition imposed for that juvenile crime, the court, upon receipt of appropriate notice of the discharge, shall within 5 business days enter an order sealing from public inspection all records pertaining to the juvenile crime and its disposition. Appropriate notice that the juvenile is discharged from the disposition: (1) Must be provided to the court by the Department of Corrections if the juvenile's disposition involved either commitment to the custody of a Department of Corrections juvenile correctional facility, a period of confinement not to exceed 30 days or any suspended disposition with a period of probation; (2) Must be provided to the court by the office of the prosecuting attorney if disposition included restitution, community service or a restorative justice event and the court ordered that proof of completion of the obligation be provided to the office of the prosecuting attorney; or (3) May be provided to the court by the juvenile or the juvenile's attorney. If the notice is provided by the juvenile or the juvenile's attorney, the juvenile or the juvenile's attorney shall serve a copy of the notice on the office of the prosecuting attorney before the court may enter the order sealing the juvenile case records. In all juvenile cases adjudicated subsequent to January 1, 2000, but prior to January 1, 2022, the Juvenile Court may grant the request of the juvenile or the juvenile’s attorney for automatic sealing of all juvenile case records pertaining to the juvenile crime and its disposition when notice is provided to the court and the prosecuting attorney pursuant to this subparagraph. When an order of adjudication includes multiple juvenile crimes, the juvenile crime that would constitute the highest class of crime if the juvenile were an adult determines whether a petition for sealing of juvenile records must be filed pursuant to paragraph A and a finding made pursuant to paragraph B before all juvenile case records pertaining to all of the juvenile crimes adjudicated may be ordered sealed. When a juvenile petition alleges multiple juvenile crimes and the court holds separate hearings resulting in multiple orders of adjudication, the order of adjudication with the highest class of crime if the juvenile were an adult determines whether a petition for sealing of juvenile records must be filed pursuant to paragraph A and a finding made pursuant to paragraph B before all juvenile case records pertaining to all of the juvenile crimes adjudicated may be ordered sealed. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] D. Notwithstanding subsections 2 and 3 , subsection 4, paragraphs C , D and F and subsections 5 and 6 , a court order sealing juvenile case records pursuant to this subsection permits only the following persons to have access to the sealed juvenile case records: (1) The courts and criminal justice agencies as provided by this section; and (2) The person whose juvenile case records are sealed or that person's designee. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] E. Notice of the court's order certifying its granting of the juvenile's petition to seal juvenile case records pursuant to paragraph B or notice of the court's order of automatic sealing pursuant to paragraph C must be provided to the Department of Public Safety, Bureau of State Police, State Bureau of Identification if the adjudication is for a juvenile crime the juvenile history record information of which is maintained by the State Bureau of Identification pursuant to Title 25, section 1541 . Notice of the order may be sent by electronic transmission. The State Bureau of Identification or the appropriate agency upon receipt of the notice shall promptly update its records relating to each of the juvenile adjudications included in the notice. For purposes of this paragraph, "juvenile history record information" has the same meaning as in section 3010, subsection 1, paragraph E . [PL 2023, c. 557, §2 (AMD).] F. A person whose juvenile case records are sealed pursuant to this subsection may respond to inquiries from other than the courts and criminal justice agencies about that person's juvenile crimes, the juvenile case records of which have been sealed, as if the juvenile crimes had never occurred, without being subject to any sanctions. The sealing of a person's juvenile case records does not remove or otherwise affect the prohibition against that person's possessing a firearm pursuant to section 393 . [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).] [PL 2023, c. 557, §2 (AMD).]

11. Unlawful dissemination of confidential juvenile case record information. Any person who intentionally disseminates information contained in confidential juvenile case records knowing it to be in violation of any provisions of this chapter commits a civil violation for which a fine of not more than $1,000 may be adjudged. The District Court has jurisdiction over violations under this subsection. [PL 2021, c. 365, §19 (NEW); PL 2021, c. 365, §37 (AFF).]
15 M.R.S. § 1314-A — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1314-A
15 §1314-A. Compelling evidence in criminal or juvenile proceedings; immunity
Status: in_force

In any criminal proceeding before a court or grand jury, or in any juvenile proceeding before a court, if a person refuses to answer questions or produce evidence of any kind on the ground that the person may be incriminated thereby, and if the attorney for the State, in writing and with the written approval of the Attorney General or, in the event the prosecution is being conducted by the office of the district attorney, the written approval of either the Attorney General or the district attorney for that district, requests the court to order that person to answer the questions or produce the evidence, and the court after notice to the witness and hearing orders, unless the court finds to do so would be clearly contrary to the public interest, that person shall comply with the order. After complying, and if, but for this section, that person would have had the right to withhold the answers given or the evidence produced by that person, that person may not be prosecuted or subjected to penalty, forfeiture or adjudication for or on account of any transaction, matter or thing concerning which, in accordance with the order, that person gave answer or produced evidence. Failure to answer questions or produce evidence as ordered by the court following notice and hearing constitutes contempt of court. The person may nevertheless be prosecuted or subjected to penalty, forfeiture or adjudication for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing or failing to produce evidence, in accordance with the order. [PL 2003, c. 162, §1 (AMD).]
15 M.R.S. § 2162 — ME Code / Title 15 / Part 4 / Chapter 307 / Section 2162
15 §2162. Commutation to jail
Status: in_force

When a person is sentenced and committed to the custody of the Department of Corrections, the Governor may, if the Governor considers it consistent with the public interest and the welfare of the prisoner, commute that prisoner's sentence to imprisonment in any county jail, there to be supported at the charge of the State at an expense not exceeding the price paid for the support of other prisoners in that county jail. [PL 2005, c. 329, §1 (AMD).]
15 M.R.S. § 1702 — ME Code / Title 15 / Part 4 / Chapter 301 / Section 1702
15 §1702. No punishment until conviction; costs
Status: in_force

1. No punishment before conviction. A person may not be punished for an offense until convicted of that offense in a court having jurisdiction over the person and case. [PL 2003, c. 182, §1 (NEW).]

2. Costs included in sentence. If a person is convicted and the court imposes a fine, the court: A. May sentence the defendant to pay the costs of prosecution; [PL 2003, c. 182, §1 (NEW).] B. May sentence the defendant to pay, as restitution, the costs of drug tests, other than tests under Title 29‑A , administered to the defendant by a law enforcement officer or medical personnel at the request of a law enforcement officer. The court shall transfer all amounts paid by a defendant under this paragraph to the municipal, county or state agency that incurred the costs; and [PL 2003, c. 182, §1 (NEW).] C. Shall, if the case is prosecuted in District Court, sentence the defendant to pay a fine sufficient to cover the costs as provided in Title 4, section 173 . This paragraph does not apply to defendants prosecuted for violations of Title 26, chapter 7, subchapter 1‑B or for violations of Title 28‑A, sections 2078 and 2223 . [PL 2003, c. 182, §1 (NEW).] [PL 2003, c. 182, §1 (NEW).]
15 M.R.S. § 455 — ME Code / Title 15 / Part 1 / Chapter 17 / Section 455
15 §455. Record of sales of firearms
Status: in_force

1. Forms. [PL 2017, c. 81, §1 (RP).]

1-A. Form. A firearms dealer may not refuse to show or refuse to allow inspection of the form a dealer must keep as prescribed by 18 United States Code, Section 923 to a law enforcement officer as defined in Title 17‑A, section 2, subsection 17 upon presentation of a formal written request for inspection stating that the form relates to an active criminal investigation. A person who violates this subsection commits a civil violation for which a fine of $50 may be adjudged. [PL 2017, c. 81, §1 (NEW).]

2. False or fictitious name. A person may not give a false or fictitious name to a firearms dealer. A person who violates this subsection commits a civil violation for which a fine of $50 may be adjudged. [PL 2017, c. 81, §1 (AMD).]

3. Exception. This section does not apply to a firearms wholesaler who sells only to other firearms dealers or to a firearms manufacturer who sells only at wholesale. [PL 2017, c. 81, §1 (AMD).]
15 M.R.S. § 2183 — ME Code / Title 15 / Part 4 / Chapter 308 / Section 2183
15 §2183. Motion and hearing; process
Status: in_force

1. Filing motion. A motion filed pursuant to section 2182 must be filed in the underlying criminal, civil violation or traffic infraction proceeding. The appropriate chief judge or justice shall specially assign the motion. The judge or justice to whom the motion is assigned shall determine upon whom and how service of the motion is to be made and enter an order in this regard. [PL 2009, c. 287, §1 (NEW).]

2. Counsel. In cases involving a criminal conviction, if the court finds that the person who files the motion under section 2182 or on whose behalf the motion is filed is indigent, the court may appoint counsel for the person at any time during the proceedings under this chapter. [PL 2009, c. 287, §1 (NEW).]

3. Representation of the State. The prosecutorial office that represented the State in the underlying criminal, civil violation or traffic infraction proceeding shall represent the State for purposes of this chapter. If the underlying criminal, civil violation or traffic infraction proceeding was disposed of without the appearance of an attorney for the State, the office of the District Attorney in whose district the crime, civil violation or traffic infraction was committed shall represent the State for purposes of this chapter. On a case-by-case basis, a different prosecutorial office may represent the State on agreement between the 2 prosecutorial offices. [PL 2009, c. 287, §1 (NEW).]

4. Evidence. The Maine Rules of Evidence do not apply to the hearing on the motion under this section, and evidence presented at the hearing by the participants may include testimony, affidavits and other reliable hearsay evidence as permitted by the court. [PL 2009, c. 287, §1 (NEW).]

5. Hearing; certification of results. The judge or justice to whom the motion was assigned pursuant to subsection 1 shall hold a hearing on the motion under this section. At the conclusion of the hearing, if the court finds that the person who filed the motion under section 2182 has established by clear and convincing evidence relative to a criminal proceeding or by a preponderance of the evidence relative to a civil violation or traffic infraction proceeding that the person is not the person who committed the crime, civil violation or traffic infraction, the court shall find the person factually innocent of that crime, civil violation or traffic infraction and shall issue a written order certifying this determination. If at the conclusion of the hearing the court finds otherwise as to the motion, the court shall deny the motion and shall issue a written order certifying this determination. The order must contain written findings of fact supporting the court's decision granting or denying the motion. A copy of the court's written order granting or denying the motion must be provided to the person. [PL 2009, c. 287, §1 (NEW).]

6. Correction of the record. If the court grants the motion following the hearing in subsection 5 , it shall additionally determine what court records and related criminal justice records require correction and shall enter a written order specifying the corrections to be made in the court records and the records of each of the appropriate criminal justice agencies. [PL 2009, c. 287, §1 (NEW).]

7. Subsequent discovery of fraud or misrepresentation. If the court that has issued an order certifying a determination of factual innocence pursuant to subsection 5 subsequently discovers that the motion or information submitted in support of the motion may contain material misrepresentation or fraud, the court may, after giving notice to the participants, hold a hearing. At the conclusion of the hearing, if the court finds by a preponderance of the evidence the existence of material misrepresentation or fraud, it may, by written order, vacate its earlier order certifying a determination of factual innocence and modify accordingly any record correction earlier made pursuant to subsection 6 . The written order must contain findings of fact supporting its decision to vacate or not to vacate. [PL 2009, c. 287, §1 (NEW).]
15 M.R.S. § 1318 — ME Code / Title 15 / Part 3 / Chapter 205 / Section 1318
15 §1318. Prosecuting attorneys
Status: in_force

For purposes of this chapter, the term "prosecuting attorney" means: [PL 1979, c. 663, §106 (AMD).]

1. Attorney General. "Attorney General" where a criminal prosecution is brought by the Attorney General; and [PL 1975, c. 775, §1 (NEW).]

2. District Attorney. "District Attorney" where a criminal prosecution is brought by a District Attorney. [PL 1975, c. 775, §1 (NEW).]
15 M.R.S. § 210-A — ME Code / Title 15 / Part 1 / Chapter 9 / Section 210-A
15 §210-A. Procedure at hearing
Status: in_force

At the hearing on the petition contesting extradition, if the Governor's warrant and the demand comply with the provisions of this chapter, the petitioner has the burden of proving by clear and convincing evidence that the petitioner has not been charged with a crime in the demanding state and that the petitioner is not a fugitive from justice. If the name of the petitioner is the same as that of the person named in the Governor's warrant, the petitioner has the burden of proving, by clear and convincing evidence, that the petitioner is not the person whom the demanding state is seeking to extradite. If the names are not identical, the State has the burden of proving by a preponderance of the evidence that the petitioner is the person sought to be extradited by the demanding state. The following are conclusive on the issue of probable cause: [PL 2003, c. 17, §1 (AMD).]

1. Indictment. An indictment or an information issued upon a waiver of indictment; or [PL 1997, c. 181, §2 (AMD).]

2. Judicial determination of probable cause. An information or other formal charging instrument or an arrest warrant issued on a determination of probable cause by a judicial officer in the demanding state. [PL 1979, c. 274, §4 (NEW).]

Affidavits, including any affidavits supplied pursuant to the provisions of section 203 or in support of an application for requisition, and any other hearsay evidence that may be deemed reliable by the court, are admissible at the hearing on the petition contesting extradition, for the purpose of showing that the petitioner is charged with a crime in the demanding state, that there is probable cause, that the petitioner is in fact the person charged with the crime and that the petitioner is a fugitive from justice. [PL 1997, c. 181, §2 (AMD).]
15 M.R.S. § 1072-A — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1072-A
15 §1072-A. Advising the surety
Status: in_force

Prior to undertaking the responsibility as a surety for a defendant the surety must be: [PL 1997, c. 543, §17 (NEW).]

1. Written release order. Provided with a copy of the written release order pertaining to the defendant; [PL 1997, c. 543, §17 (NEW).]

2. Appearance and conditions of release. Orally advised of the appearance requirement and of each of the conditions of release pertaining to the defendant for which the surety is responsible and the consequences to the surety if the defendant fails to appear as required or violates any condition of release; and [PL 1997, c. 543, §17 (NEW).]

3. Responsibilities and consequences. Provided with a written statement advising the surety as to the general responsibilities of a surety under section 1072 and the consequences to the surety if the defendant fails to appear as required or fails to abide by each condition. [PL 1997, c. 543, §17 (NEW).]

The Supreme Judicial Court shall by rule specify who is responsible for providing to the prospective surety the required oral and written advice as well as the copy of the written release order pertaining to the defendant. [PL 1997, c. 543, §17 (NEW).]
15 M.R.S. § 3306-A — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3306-A
15 §3306-A. Release or detention at first appearance
Status: in_force

At the juvenile's first appearance or at a subsequent appearance before the court, the court may order the juvenile's unconditional release, conditional release or detention in accordance with section 3203‑A . Unless the court orders otherwise, a juvenile put on conditional release by a juvenile community corrections officer remains on conditional release until the juvenile commences an informal adjustment pursuant to section 3301, subsection 5, paragraph B , the attorney for the State determines that no petition will be filed or the juvenile court enters a final dispositional order pursuant to section 3314 . [PL 2007, c. 196, §3 (AMD).]

Conditional release or detention may not be ordered at any appearance unless it has been determined by a Juvenile Court Judge or a justice of the peace that there is probable cause to believe that the juvenile has committed a juvenile crime. [PL 2003, c. 706, Pt. A, §4 (NEW).]

When a court orders detention or a conditional release that authorizes even temporarily the juvenile's removal from the juvenile's home or when a court allows a conditional release ordered by a juvenile community corrections officer that authorizes, even temporarily, the juvenile's removal from the juvenile's home to remain in effect, 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 detention or a conditional release or allows a conditional release to remain in effect. [PL 2003, c. 706, Pt. A, §4 (AMD).]
15 M.R.S. § 657 — ME Code / Title 15 / Part 2 / Chapter 100 / Section 657
15 §657. Responsibilities of courts
Status: in_force

The courts are responsible for: [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

1. Complete information. Maintaining bench warrants with information that is as complete as possible and that maximizes the likelihood that the bench warrants will be successfully executed; [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

2. Single transmission. Transmitting only one set of data for each instance of a bench warrant's issuance and maintaining an audit record of each transmission; and [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]

3. Recall notice. Immediately transmitting an electronic notice of recall to the Maine State Police when a bench warrant is recalled. [PL 2011, c. 214, §2 (NEW); PL 2011, c. 214, §6 (AFF).]
15 M.R.S. § 1075 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1075
15 §1075. Attorney not to act as surety or deposit cash bail for client
Status: in_force

An attorney, while representing a defendant, may not act as surety for or deposit cash bail for the client. [PL 2003, c. 15, §2 (NEW).]
15 M.R.S. § 3002 — ME Code / Title 15 / Part 6 / Chapter 501 / Section 3002
15 §3002. Purposes and construction
Status: in_force

1. Purposes. The purposes of this Part are: A. To secure for each juvenile subject to these provisions such care and guidance, preferably in the juvenile's own home, as will best serve the juvenile's welfare and the interests of society; [PL 1997, c. 645, §1 (AMD).] B. To preserve and strengthen family ties whenever possible, including improvement of home environment; [PL 1977, c. 520, §1 (NEW).] C. To remove a juvenile from the custody of the juvenile's parents only when the juvenile's welfare and safety or the protection of the public would otherwise be endangered or, when necessary, to punish a child adjudicated, pursuant to chapter 507 , as having committed a juvenile crime; [PL 1997, c. 645, §1 (AMD).] D. To secure for any juvenile removed from the custody of the juvenile's parents the necessary treatment, care, guidance and discipline to assist that juvenile in becoming a responsible and productive member of society; [PL 1997, c. 645, §1 (AMD).] E. To provide procedures through which the provisions of the law are executed and enforced and that ensure that the parties receive fair hearings at which their rights as citizens are recognized and protected; and [PL 1997, c. 645, §1 (AMD).] F. To provide consequences, which may include those of a punitive nature, for repeated serious criminal behavior or repeated violations of probation conditions. [PL 1997, c. 645, §1 (NEW).] [PL 1997, c. 645, §1 (AMD).]

2. Construction. To carry out these purposes, the provisions of this Part shall be liberally construed. [PL 1977, c. 520, §1 (NEW).]
15 M.R.S. § 210 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 210
15 §210. Rights of accused person; habeas corpus
Status: in_force

A person arrested upon a Governor's warrant may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person, unless the person is first taken before a judge of a court of record in this State, who shall inform the person of the demand made for the person's surrender and of the crime with which the person is charged and that the person has the right to demand and procure legal counsel. If the prisoner or the prisoner's counsel states that the prisoner may or will contest extradition, the judge shall fix a reasonable time, not to exceed 7 days, to allow the person to file a petition contesting extradition. The petition must be filed in District Court and state the grounds upon which extradition is contested. When the petition is filed, notice of it and of the time and place of hearing must be given to the prosecuting attorney of the county in which the arrest is made and in which the accused is in custody, to the Attorney General and to the agent of the demanding state. [PL 1997, c. 181, §1 (AMD).]

A person arrested upon the warrant of the Governor may not be admitted to bail, except as provided as follows: If a petition contesting extradition is granted and the order is appealed by the State to the Supreme Judicial Court sitting as the Law Court, the petitioner may be admitted to bail, in the discretion of the presiding judge, pending that appeal. If the appeal is sustained, the petitioner must be immediately placed in custody without bail to await delivery to the agent of the demanding state. [PL 1997, c. 181, §1 (AMD).]

1. [PL 1983, c. 843, §5 (RP).]

2. [PL 1983, c. 843, §5 (RP).]

3. [PL 1983, c. 843, §6 (RP).]
15 M.R.S. § 3318-A — ME Code / Title 15 / Part 6 / Chapter 507 / Section 3318-A
15 §3318-A. Determination of competency of a juvenile to proceed in a juvenile proceeding
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Chronological immaturity" means a condition based on a juvenile's chronological age and significant lack of developmental skills when the juvenile has no significant mental illness or mental retardation. [PL 2011, c. 282, §4 (NEW).] B. "Mental illness" means any diagnosable mental impairment supported by the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. [PL 2011, c. 282, §4 (NEW).] C. "Mental retardation" means a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social and practical adaptive skills. [PL 2011, c. 282, §4 (NEW).] [PL 2011, c. 282, §4 (NEW).]

2. Competency to proceed in a juvenile proceeding. A juvenile is competent to proceed in a juvenile proceeding if the juvenile has: A. A rational as well as a factual understanding of the proceedings against the juvenile; and [PL 2011, c. 282, §4 (NEW).] B. A sufficient present ability to consult with legal counsel with a reasonable degree of rational understanding. [PL 2011, c. 282, §4 (NEW).] [PL 2011, c. 282, §4 (NEW).]

3. Determination of competency. The issue as to a juvenile's competency to proceed may be raised by the juvenile, by the State or sua sponte by the Juvenile Court at any point in the juvenile proceeding after a finding of probable cause and prior to the imposition of a final order of disposition. A competency determination is necessary only when the Juvenile Court has a reasonable doubt as to a juvenile's competency to proceed. [PL 2011, c. 282, §4 (NEW).]

4. Competency examination. If the Juvenile Court determines that a competency determination is necessary, it shall order that a juvenile be examined by the State Forensic Service to evaluate the juvenile's competency to proceed. The examination must take place within 21 days of the court's order. [PL 2011, c. 282, §4 (NEW).]

5. Suspension of juvenile proceedings. Pending a competency examination, the Juvenile Court shall suspend the proceeding on the petition. All juvenile case records, including a petition that is otherwise open to public inspection under section 3308‑C, subsection 2 , are confidential and are not subject to inspection, dissemination or release by the court. The suspension remains in effect pending the outcome of a competency determination hearing pursuant to subsection 7 . Suspension of the proceeding does not affect the Juvenile Court's ability to detain or release the juvenile pursuant to section 3203‑A, subsection 5 . [PL 2021, c. 365, §21 (AMD); PL 2021, c. 365, §37 (AFF).]

6. Criteria for State Forensic Service examiner's report. The following provisions govern criteria for the State Forensic Service examiner's report. A. To assist the court's determination of competency, the State Forensic Service examiner's report must address the juvenile's capacity and ability to: (1) Appreciate the allegations of the petition; (2) Appreciate the nature of the adversarial process including: (a) Having a factual understanding of the participants in the juvenile's proceeding, including the judge, defense counsel, attorney for the State and mental health expert; and (b) Having a rational understanding of the role of each participant in the juvenile's proceeding; (3) Appreciate the range of possible dispositions that may be imposed in the proceedings against the juvenile and recognize how possible dispositions imposed in the proceedings will affect the juvenile; (4) Appreciate the impact of the juvenile's actions on others; (5) Disclose to counsel facts pertinent to the proceedings at issue including: (a) Ability to articulate thoughts; (b) Ability to articulate emotions; and (c) Ability to accurately and reliably relate to a sequence of events; (6) Display logical and autonomous decision making; (7) Display appropriate courtroom behavior; (8) Testify relevantly at proceedings; and (9) Demonstrate any other capacity or ability either separately sought by the Juvenile Court or determined by the examiner to be relevant to the Juvenile Court's determination. [PL 2011, c. 282, §4 (NEW).] B. In assessing the juvenile's competency, the State Forensic Service examiner shall compare the juvenile being examined to juvenile norms that are broadly defined as those skills typically possessed by the average juvenile defendant adjudicated in the juvenile justice system. [PL 2011, c. 282, §4 (NEW).] C. The State Forensic Service examiner shall determine and report if the juvenile suffers from mental illness, mental retardation or chronological immaturity. [PL 2011, c. 282, §4 (NEW).] D. If the juvenile suffers from mental illness, mental retardation or chronological immaturity, the State Forensic Service examiner shall report the severity of the impairment and its potential effect on the juvenile's competency to proceed. [PL 2011, c. 282, §4 (NEW).] E. If the State Forensic Service examiner determines that the juvenile suffers from chronological immaturity, the examiner shall report a comparison of the juvenile to the average juvenile defendant. [PL 2011, c. 282, §4 (NEW).] F. If the State Forensic Service examiner determines that the juvenile suffers from a mental illness, the examiner shall provide the following information: (1) The prognosis of the mental illness; and (2) Whether the juvenile is taking any medication and, if so, what medication. [PL 2011, c. 282, §4 (NEW).] G. The State Forensic Service examiner's report must state an opinion whether there exists a substantial probability that the deficiencies related to competence identified in the report, if any, can be ameliorated in the foreseeable future. [PL 2011, c. 282, §4 (NEW).] [PL 2011, c. 282, §4 (NEW).]

7. Post-examination report and hearing. Following receipt of the competency examination report from the State Forensic Service examiner, the Juvenile Court shall provide copies of the report to the parties and hold a competency determination hearing. All hearings conducted pursuant to this subsection are confidential and not open to the general public or persons listed in section 3308‑D, subsection 4 . If the Juvenile Court finds that the juvenile is competent to proceed based upon the burden and standard of proof pursuant to subsection 8 , the Juvenile Court shall set a time for the resumption of the proceedings. If the Juvenile Court is not satisfied that the juvenile is competent to proceed, the Juvenile Court shall determine how to proceed pursuant to section 3318‑B . The court may consider the report of the State Forensic Service examiner, together with all other evidence relevant to the issue of competency, in its determination whether the juvenile is competent to proceed. No single criterion set forth in subsection 6 may be binding on the court's determination. [PL 2021, c. 365, §22 (AMD); PL 2021, c. 365, §37 (AFF).]

8. Allocation of the burden of proof; standard of proof. The burden of proof of competence is on the State if the juvenile is less than 14 years of age at the time the issue of competence is raised. If the juvenile is at least 14 years of age at the time the issue of competence is raised, the burden of proof is on the juvenile. In the event the State has the burden of proof, it must show by a preponderance of the evidence that the juvenile is competent to proceed. In the event the juvenile has the burden of proof, the juvenile must show by a preponderance of the evidence that the juvenile is not competent to proceed. [PL 2011, c. 282, §4 (NEW).]

9. Statements made in the course of competency examination. Statements made by the juvenile in the course of a competency examination may not be admitted as evidence in the adjudicatory stage for the purpose of proving any juvenile crime alleged. [PL 2011, c. 282, §4 (NEW).]

10. Competency to proceed after bind over. Notwithstanding a finding by the Juvenile Court that the juvenile is competent to proceed in a juvenile proceeding, if the juvenile is subsequently bound over for prosecution as an adult pursuant to section 3101, subsection 4 , the issue of the juvenile's competency may be revisited. [PL 2015, c. 409, §8 (AMD).]
15 M.R.S. § 1843 — ME Code / Title 15 / Part 4 / Chapter 301 / Section 1843
15 §1843. Removal to State Prison; clothing
Status: in_force

When a convict is sentenced to confinement in the State Prison, the judgment of the court must direct the sheriff of the county in which trial was had to cause the convict, without needless delay, to be removed from the county jail to the State Prison. All sheriffs and jail keepers shall strictly obey the directions of the judgment. The clerk, as soon as may be, shall deliver a certified copy of the judgment to the sheriff of the county, and the sheriff shall forthwith deliver it and the convict to the warden. The sheriff shall provide the convict with comfortable clothing in which to be removed to the State Prison. [RR 2023, c. 2, Pt. D, §70 (COR).]
15 M.R.S. § 2126 — ME Code / Title 15 / Part 4 / Chapter 305-A / Section 2126
15 §2126. Exhaustion
Status: in_force

A person under restraint or impediment specified in section 2124 must also demonstrate that the person has previously exhausted remedies incidental to proceedings in the trial court, on appeal or administrative remedies. A person who has taken an appeal from a judgment of conviction, a juvenile adjudication or a judgment of not criminally responsible by reason of insanity is not precluded from utilizing the remedy of this chapter while the appeal is pending. The post-conviction review proceeding is automatically stayed pending resolution of the appeal unless the Appellate Court on motion and for good cause otherwise directs. [PL 2013, c. 266, §5 (AMD).]
15 M.R.S. § 2264 — ME Code / Title 15 / Part 4 / Chapter 310-A / Section 2264
15 §2264. Motion and hearing; process
Status: in_force

1. Filing motion. A motion filed pursuant to section 2263 must be filed in the underlying criminal proceeding. After the motion is filed, the clerk shall set the motion for hearing. [PL 2021, c. 674, §1 (NEW).]

2. Counsel. The person filing a motion pursuant to section 2263 has the right to be represented by counsel but is not entitled to assignment of counsel at state expense. [PL 2021, c. 674, §1 (NEW).]

3. Representation of State. The prosecutorial office that represented the State in the underlying criminal proceeding may represent the State for purposes of this chapter. On a case-by-case basis, a different prosecutorial office may represent the State on agreement between the 2 prosecutorial offices. [PL 2021, c. 674, §1 (NEW).]

4. Evidence. The Maine Rules of Evidence do not apply to a hearing on a motion under this section. Evidence presented by the participants at the hearing may include testimony, affidavits and other reliable hearsay evidence as permitted by the court. [PL 2021, c. 674, §1 (NEW).]

5. Hearing; order; written findings. The court shall hold a hearing on a motion filed under this section. At the conclusion of the hearing, if the court determines that the person who filed the motion has established by a preponderance of the evidence each of the statutory prerequisites specified in section 2262 or 2262‑A , the court shall grant the motion and shall issue a written order sealing the criminal history record information of the eligible criminal conviction that was the subject of the motion. If, at the conclusion of the hearing, the court determines that the person has not established one or more of the statutory prerequisites specified in section 2262 or 2262‑A , the court shall issue a written order denying the motion. The order must contain written findings of fact supporting the court's determination. A copy of the court's written order must be provided to the person and the prosecutorial office that represented the State pursuant to subsection 3 . [PL 2023, c. 409, §4 (AMD).]

6. Notice to State Bureau of Identification. If the court issues an order under subsection 5 that includes the sealing of a criminal conviction maintained by the State Bureau of Identification pursuant to Title 25, section 1541 and previously transmitted by the court pursuant to Title 25, section 1547 , the court shall electronically transmit notice of the court's order to the Department of Public Safety, Bureau of State Police, State Bureau of Identification. Upon receipt of the notice, the State Bureau of Identification shall promptly amend its records relating to the person's eligible criminal conviction to reflect that the criminal history record information relating to that criminal conviction is sealed and that dissemination is governed by section 2265 . The State Bureau of Identification shall send notification of compliance with this subsection to the person's last known address. [PL 2021, c. 674, §1 (NEW).]

7. Subsequent new criminal conviction; automatic loss of eligibility; person's duty to notify. Notwithstanding a court order sealing the criminal history record information pursuant to subsection 5 , if at any time subsequent to the court's order the person is convicted of a new crime in this State or in another jurisdiction, the criminal history record information must be unsealed. A. In the event of a new criminal conviction, the person shall promptly file a written notice in the underlying criminal proceeding of the person's disqualification from eligibility, identifying the new conviction, including the jurisdiction, court and docket number of the new criminal proceeding. If the person fails to file the required written notice and the court learns of the existence of the new criminal conviction, the court shall notify the person of the apparent existence of the new conviction and offer the person an opportunity to request a hearing to contest the fact of a new conviction. [PL 2021, c. 674, §1 (NEW).] B. If the person requests a hearing under paragraph A , the court shall, after giving notice to the person and the appropriate prosecutorial office, hold a hearing. At the hearing, the person has the burden of proving by clear and convincing evidence that the person has not been convicted of a crime subsequent to issuance of the sealing order. At the conclusion of the hearing, if the court determines that the person has not satisfied the burden of proof, it shall find that the person has been newly convicted of the crime and as a consequence is no longer eligible for the sealing order and shall issue a written order unsealing the criminal history record information, with written findings of fact. If, at the conclusion of the hearing, the court determines that the person has satisfied the burden of proof, it shall find that the person has not been convicted of the new crime and issue a written order certifying this determination. A copy of the court's written order must be provided to the person and the prosecutorial office that represented the State. [PL 2021, c. 674, §1 (NEW).] C. If the person does not request a hearing under paragraph A, the court shall determine that the person has not satisfied the burden of proof and the court shall find that the person has been convicted of the new crime and as a consequence is no longer eligible for the sealing order and shall issue a written order unsealing the criminal history record information, with written findings of fact. A copy of the court's written order must be provided to the person and the prosecutorial office that represented the State. [PL 2021, c. 674, §1 (NEW).] [PL 2021, c. 674, §1 (NEW).]

8. Notice of new crime. If the court orders the unsealing of the record under this section, the court shall electronically transmit notice of the court's order to the Department of Public Safety, Bureau of State Police, State Bureau of Identification. The State Bureau of Identification upon receipt of the notice shall promptly amend its records relating to the person's criminal history record information relating to that criminal conviction to unseal the record. The State Bureau of Identification shall send notification of compliance with that requirement to the person's last known address. [PL 2021, c. 674, §1 (NEW).]
15 M.R.S. § 1099 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1099
15 §1099. Grounds for revocation of post-conviction bail
Status: in_force

An order of post-conviction bail entered by a judge or justice may be revoked by the judge or justice or, if that judge or justice is not available, by another judge or justice of the same court, upon determination made after notice and opportunity for hearing that: [PL 1995, c. 356, §19 (NEW).]

1. Crime charged. The defendant has in fact been charged with a crime allegedly committed after post-conviction bail was set; [PL 1995, c. 356, §19 (NEW).]

2. Failure to appear. The defendant has failed to appear as required or has violated a condition of post-conviction bail as demonstrated by a preponderance of the evidence; or [PL 1995, c. 356, §19 (NEW).]

3. Appeal for purposes of delay. The defendant's appeal has been taken for the purpose of delay as demonstrated by a preponderance of the evidence. [PL 1995, c. 356, §19 (NEW).]
15 M.R.S. § 2137 — ME Code / Title 15 / Part 4 / Chapter 305-B / Section 2137
15 §2137. Postjudgment of conviction motion for DNA analysis; new trial based on analysis results
Status: in_force

1. Motion. A person who has been convicted of and sentenced for a crime under the laws of this State that carries the potential punishment of imprisonment of at least one year and for which the person is in actual execution of either a pre-Maine Criminal Code sentence of imprisonment, including parole, or a sentencing alternative pursuant to Title 17‑A, section 1502, subsection 2 that includes a term of imprisonment or is subject to a sentence of imprisonment that is to be served in the future because another sentence must be served first may file a written postjudgment of conviction motion in the underlying criminal proceeding moving the court to order DNA analysis of evidence in the control or possession of the State that is related to the underlying investigation or prosecution that led to the person's conviction and a new trial based on the results of that analysis as authorized by this chapter. For criminal proceedings in which DNA testing was conducted before September 1, 2006, the person may file a written postjudgment of conviction motion in the underlying criminal proceeding moving the court for a new trial based on the results of the DNA testing already conducted using the standard set forth in this chapter if the DNA test results show that the person is not the source of the evidence. [PL 2019, c. 113, Pt. C, §41 (AMD).]

2. Time for filing. A motion under this section must be filed by the later of: A. September 1, 2008, including a motion pertaining to criminal proceedings in which DNA testing was conducted before September 1, 2006; [PL 2005, c. 659, §1 (NEW); PL 2005, c. 659, §6 (AFF).] B. Two years after the date of conviction; and [PL 2005, c. 659, §1 (NEW); PL 2005, c. 659, §6 (AFF).] C. In cases in which the request for analysis is based on the existence of new technology with respect to DNA analysis that is capable of providing new material information, within 2 years from the time that the technology became commonly known and available. [PL 2005, c. 659, §1 (NEW); PL 2005, c. 659, §6 (AFF).] [PL 2005, c. 659, §1 (NEW); PL 2005, c. 659, §6 (AFF).]
15 M.R.S. § 1026 — ME Code / Title 15 / Part 2 / Chapter 105-A / Section 1026
15 §1026. Standards for release for crime bailable as of right preconviction
Status: in_force

1. In general. At the initial appearance before a judicial officer of a defendant in custody for a crime bailable as of right preconviction, the judicial officer may issue an order that, pending trial, the defendant be released: A. On personal recognizance or upon execution of an unsecured appearance bond under subsection 2‑A ; [PL 2007, c. 374, §3 (AMD).] B. On a condition or combination of conditions under subsection 3 ; or [PL 1997, c. 543, §7 (AMD).] C. On personal recognizance or execution of an unsecured appearance bond, accompanied by one or more conditions under subsection 3 . [PL 1997, c. 543, §7 (NEW).] Every order for the pretrial release of any defendant must include a waiver of extradition by the defendant and the conditions that the defendant refrain from new criminal conduct and not violate any pending protection from abuse orders pursuant to former Title 19, section 769 or Title 19‑A, former section 4011 or Title 19‑A, section 4113 . [PL 2021, c. 647, Pt. B, §9 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

2. Release on personal recognizance or unsecured appearance bond. [PL 2007, c. 518, §2 (RP).]

2-A. Release on personal recognizance or unsecured appearance bond. The judicial officer shall order the pretrial release of the defendant on personal recognizance or upon execution of an unsecured appearance bond in an amount specified by the judicial officer, unless, after consideration of the factors listed in subsection 4 , the judicial officer determines that: A. The release would not reasonably ensure the appearance of the defendant as required; [PL 2007, c. 374, §5 (NEW).] B. The release would not reasonably ensure that the defendant would refrain from any new criminal conduct; [PL 2007, c. 374, §5 (NEW).] C. The release would not reasonably ensure the integrity of the judicial process; or [PL 2007, c. 374, §5 (NEW).] D. The release would not reasonably ensure the safety of others in the community. [PL 2007, c. 374, §5 (NEW).] [PL 2007, c. 374, §5 (NEW).]

3. Release on conditions. Release on a condition or combination of conditions pursuant to subsection 1, paragraph B or C must be as provided in this subsection. A. If, after consideration of the factors listed in subsection 4 , the judicial officer determines that the release described in subsection 2‑A will not reasonably ensure the appearance of the defendant at the time and place required, will not reasonably ensure that the defendant will refrain from any new criminal conduct, will not reasonably ensure the integrity of the judicial process or will not reasonably ensure the safety of others in the community, the judicial officer shall order the pretrial release of the defendant subject to the least restrictive further condition or combination of conditions that the judicial officer determines will reasonably ensure the appearance of the defendant at the time and place required, will reasonably ensure that the defendant will refrain from any new criminal conduct, will reasonably ensure the integrity of the judicial process and will reasonably ensure the safety of others in the community. These conditions may include that the defendant: (1) Remain in the custody of a designated person or organization agreeing to supervise the defendant, including a public official, public agency or publicly funded organization, if the designated person or organization is able to reasonably ensure the appearance of the defendant at the time and place required, that the defendant will refrain from any new criminal conduct, the integrity of the judicial process and the safety of others in the community. When it is feasible to do so, the judicial officer shall impose the responsibility upon the defendant to produce the designated person or organization. The judicial officer may interview the designated person or organization to ensure satisfaction of both the willingness and ability required. The designated person or organization shall agree to notify immediately the judicial officer of any violation of release by the defendant; (2) Maintain employment or, if unemployed, actively seek employment; (3) Maintain or commence an educational program; (4) Abide by specified restrictions on personal associations, place of abode or travel; (5) Avoid all contact with a victim of the alleged crime, a potential witness regarding the alleged crime or with any other family or household members of the victim or the defendant or to contact those individuals only at certain times or under certain conditions; (6) Report on a regular basis to a designated law enforcement agency or other governmental agency; (7) Comply with a specified curfew; (8) Refrain from possessing a firearm or other dangerous weapon; (9) Refrain from the possession, use or excessive use of alcohol or cannabis and from any use of illegal drugs. A condition under this subparagraph may be imposed only upon the presentation to the judicial officer of specific facts demonstrating the need for such condition; (9-A) Submit to: (a) A random search for possession or use prohibited by a condition imposed under subparagraph (8); (a-1) A random search for possession or use prohibited by a condition imposed under subparagraph (9) if the defendant is a participant in a specialty court docket under Title 4, chapter 8 , 8‑A or 8‑B , or any other specialty docket established by the Judicial Department, or by agreement of the parties as part of a deferred disposition under Title 17‑A, section 1902 ; or (b) A search upon articulable suspicion for possession or use prohibited by a condition imposed under subparagraph (8) or (9); (10) Undergo, as an outpatient, available medical or psychiatric treatment, or enter and remain, as a voluntary patient, in a specified institution when required for that purpose; (10-A) Enter and remain in a long-term residential facility for the treatment of substance use disorder; (11) Execute an agreement to forfeit, in the event of noncompliance, such designated property, including money, as is reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community and post with an appropriate court such evidence of ownership of the property or such percentage of the money as the judicial officer specifies; (12) Execute a bail bond with sureties in such amount as is reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community; (13) Return to custody for specified hours following release for employment, schooling or other limited purposes; (15) Notify the court of any changes of address or employment; (16) Provide to the court the name, address and telephone number of a designated person or organization that will know the defendant's whereabouts at all times; (17) Inform any law enforcement officer of the defendant's condition of release if the defendant is subsequently arrested or summonsed for new criminal conduct; (18) Satisfy any other condition that is reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community; and (19) Participate in an electronic monitoring program, if available. [PL 2023, c. 299, §2 (AMD).] B. The judicial officer may not impose a financial condition that, either alone or in combination with other conditions of bail, is in excess of that reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process or to ensure the safety of others in the community. [PL 2007, c. 518, §3 (RPR).] B-1. Notwithstanding paragraph A , subparagraphs (11), (12) and (18) and paragraph B , a judicial officer may not impose a financial condition on a defendant for whom the highest class of crime charged is a Class E crime, except that a financial condition may be imposed on a defendant charged with a Class E crime: (1) That is a violation of Title 17‑A, chapter 11 ; (2) That was committed against a family or household member as defined in Title 19‑A, section 4102, subsection 6, paragraphs A to E or a dating partner as defined in Title 19‑A, section 4102, subsection 4 ; (3) That is a violation of a condition of release committed while the defendant is released on bail for a charge that involves: a violation of Title 17‑A, chapter 11 ; a crime against a family or household member as defined in Title 19‑A, section 4102, subsection 6, paragraphs A to E ; or a crime against a dating partner as defined in Title 19‑A, section 4102, subsection 4 ; (4) That is a violation of a condition of release premised on an allegation of new criminal conduct; (5) When the defendant has failed to appear on the underlying Class E charge; or (6) By stipulation. A financial condition imposed under this subparagraph may not exceed $5. [PL 2023, c. 405, Pt. E, §§1, 2 (AMD).] C. Upon motion by the attorney for the State or the defendant and after notice and upon a showing of changed circumstances or upon the discovery of new and significant information, the court may amend the bail order to relieve the defendant of any condition of release, modify the conditions imposed or impose further conditions authorized by this subsection as the court determines to reasonably ensure the appearance of the defendant at the time and place required, that the defendant will refrain from any new criminal conduct, the integrity of the judicial process and the safety of others in the community. [PL 2007, c. 518, §3 (RPR).] [PL 2023, c. 299, §2 (AMD); PL 2023, c. 405, Pt. E, §§1, 2 (AMD).]

4. Factors to be considered in release decision. In setting bail, the judicial officer shall, on the basis of an interview with the defendant, information provided by the defendant's attorney and information provided by the attorney for the State or an informed law enforcement officer if the attorney for the State is not available and other reliable information that can be obtained, take into account the available information concerning the following: A. The nature and circumstances of the crime charged; [PL 1987, c. 758, §20 (NEW).] B. The nature of the evidence against the defendant; and [PL 1987, c. 758, §20 (NEW).] C. The history and characteristics of the defendant, including, but not limited to: (1) The defendant's character and physical and mental condition; (2) The defendant's family ties in the State; (3) The defendant's employment history in the State; (4) The defendant's financial resources, including the ability of the defendant to afford a financial condition imposed by the judicial officer; (5) The defendant's length of residence in the community and the defendant's community ties; (6) The defendant's past conduct; (7) The defendant's criminal history, if any; (8) The defendant's record concerning appearances at court proceedings; (9) Whether, at the time of the current offense or arrest, the defendant was on probation, parole or other release pending trial, sentencing, appeal or completion of a sentence for an offense in this jurisdiction or another; (9-A) Any evidence that the defendant poses a danger to the safety of others in the community, including the results of a validated, evidence-based domestic violence risk assessment recommended by the Maine Commission on Domestic and Sexual Abuse, established in Title 5, section 12004‑I, subsection 74‑C , and approved by the Department of Public Safety; (10) Any evidence that the defendant has obstructed or attempted to obstruct justice by threatening, injuring or intimidating a victim or a prospective witness, juror, attorney for the State, judge, justice or other officer of the court; (11) Whether the defendant has previously violated conditions of release, probation or other court orders, including, but not limited to, violating protection from abuse orders pursuant to former Title 19, section 769 or Title 19‑A, former section 4011 or Title 19‑A, section 4113 ; (12) Whether the defendant is the person primarily responsible for the care of another person; (13) Whether the defendant has a specific health care need, including a mental health care need, that is being met or would be better met outside of custody; and (14) Whether being placed or remaining in custody would prevent the defendant from maintaining employment. [PL 2021, c. 397, §5 (AMD); PL 2021, c. 647, Pt. B, §10 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 397, §5 (AMD); PL 2021, c. 647, Pt. B, §10 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

5. Contents of release order. In a release order issued under subsection 2‑A or 3 , the judicial officer shall: A. Include a written statement that sets forth: (1) All the conditions to which the defendant is subject in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and (2) If an agreement to forfeit money under subsection 3, paragraph A , subparagraph (11) or (12) is ordered, the reason the judicial officer has set the amount of money ordered to be forfeited under the agreement; and [PL 2021, c. 608, Pt. C, §1 (AMD).] B. Advise the defendant that: (1) The conditions of release take effect and are fully enforceable immediately as of the time the judicial officer sets the conditions, unless the release order expressly excludes a condition or conditions of release from immediate applicability; and (2) Failure to appear or comply with a condition or conditions of release may subject the defendant to revocation of bail and additional criminal penalties. [PL 2021, c. 608, Pt. C, §1 (AMD).] [PL 2021, c. 608, Pt. C, §1 (AMD).]

6. Initial appearance in court. Nothing contained in this chapter may be construed as limiting the authority of a judge or justice to consider the issue of preconviction bail at a defendant's initial appearance in court. [PL 1989, c. 147, §2 (NEW).]

7. Applicability of conditions of release. A condition of release takes effect and is fully enforceable immediately as of the time the judicial officer sets the condition, unless the release order expressly excludes a condition of release from immediate applicability, if the defendant is advised by a judicial officer, a law enforcement officer or an employee of a county or regional jail or a correctional facility having custody of the defendant: A. Of the condition; and [PL 2021, c. 608, Pt. C, §2 (NEW).] B. That failure to appear or comply with the condition may subject the defendant to revocation of bail and additional criminal penalties. [PL 2021, c. 608, Pt. C, §2 (NEW).] [PL 2021, c. 608, Pt. C, §2 (AMD).]
15 M.R.S. § 224-A — ME Code / Title 15 / Part 1 / Chapter 9 / Section 224-A
15 §224-A. Extradition and Prosecution Expenses Account
Status: in_force

1. Establishment; use. Notwithstanding any provision of law to the contrary, there is established an Extradition and Prosecution Expenses Account in each prosecutorial district in an amount not to exceed $30,000, to be administered by the district attorney and to be used solely for the purposes of paying the expenses of extraditing persons charged with or convicted of a crime in this State and who are fugitives from justice, as defined in section 201, subsection 4 , paying fees or expenses of prosecution pursuant to section 1319 , paying witness fees pursuant to section 1320 and paying for examination fees or expenses pursuant to Title 34‑B, section 3862‑A, subsection 6, paragraph D , subparagraph (3). [PL 2019, c. 411, Pt. C, §1 (AMD); PL 2019, c. 411, Pt. D, §3 (AFF).]

2. Funding. The Extradition and Prosecution Expenses Account in each prosecutorial district is funded by bail forfeited to and recovered by the State pursuant to the Maine Rules of Unified Criminal Procedure, Rule 46. Whenever bail is so forfeited and recovered by the State and if it is not payable as restitution pursuant to Title 17‑A, section 2015, subsection 4 , the district attorney shall determine whether it or a portion of it is deposited in the Extradition and Prosecution Expenses Account for that district attorney's prosecutorial district, but in no event may the account exceed $30,000. Any bail so forfeited and recovered and not deposited in the Extradition and Prosecution Expenses Account must be deposited in the General Fund. Any unexpended balance in the Extradition and Prosecution Expenses Account of a prosecutorial district established by this section may not lapse but must be carried forward into the next year. [PL 2019, c. 113, Pt. C, §29 (AMD).]

3. Review by district attorney. The district attorney shall review monthly the Extradition and Prosecution Expenses Account and the expenses of that prosecutorial district in connection with the extradition of fugitives from justice, prosecution and witnesses and shall determine whether any funds in the account must be transferred to the General Fund. [PL 2013, c. 566, §3 (AMD).]

4. Audit. Every district attorney shall have an annual audit made by the Office of the State Auditor or by a certified public accountant selected by the district attorney of the Extradition and Prosecution Expenses Account for that district attorney's prosecutorial district, covering the last complete fiscal year. If the auditor finds in the course of the audit evidence of improper transactions, incompetency in keeping accounts or handling funds, failure to comply with this section or any other improper practice of financial administration, the auditor shall report that finding to the Attorney General immediately. [PL 2013, c. 566, §3 (AMD).]

5. Advances and accounting for extradition. The district attorney shall advance funds from the Extradition and Prosecution Expenses Account to the agents designated by the district attorney to return a fugitive from justice to this State. A full accounting of all expenses and the return of all unused funds must be made by the agents no later than 3 business days from the date of return. All funds returned must be credited to the Extradition and Prosecution Expenses Account from which they were paid. [PL 2013, c. 566, §3 (AMD).]
15 M.R.S. § 713 — ME Code / Title 15 / Part 2 / Chapter 102 / Section 713
15 §713. Evidence
Status: in_force

The contents of an interception are not admissible in court, except that: [PL 2011, c. 507, §7 (RPR).]

1. Contents obtained under the laws of another jurisdiction. The contents of an interception of any oral communication or wire communication that has been legally obtained under the laws of another jurisdiction in which the interception occurred are admissible in the courts of this State, subject to the Maine Rules of Evidence; and [PL 2011, c. 507, §7 (NEW).]

2. Contents obtained under this chapter. The contents of an interception of any oral communication or wire communication that has been legally obtained pursuant to section 712, subsection 2 or 3 are admissible in the courts of this State, subject to the Maine Rules of Evidence, if related to the administration of criminal justice as defined in Title 16, section 703, subsection 1 for the purposes of the Criminal History Record Information Act or as defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and Investigative Record Information Act; the administration of juvenile justice; or the statutory functions of a state agency. [PL 2021, c. 365, §4 (AMD); PL 2021, c. 365, §37 (AFF).]
15 M.R.S. § 2153 — ME Code / Title 15 / Part 4 / Chapter 306-A / Section 2153
15 §2153. Procedure for application
Status: in_force

The time for filing an application for leave to appeal and the manner and any conditions for the taking of the appeal shall be as the Supreme Judicial Court shall by rule provide. [PL 1989, c. 218, §5 (NEW).]
15 M.R.S. § 218 — ME Code / Title 15 / Part 1 / Chapter 9 / Section 218
15 §218. Failure to appear
Status: in_force

If the prisoner is admitted to bail and fails to appear and surrender according to the condition of the prisoner's bond, the court, by proper order, shall declare the bond forfeited. Recovery may be had thereon in the name of the State as in the case of other bonds or undertakings given by the accused in criminal proceedings within the State. [RR 2023, c. 2, Pt. D, §24 (COR).]
15 M.R.S. § 1706 — ME Code / Title 15 / Part 4 / Chapter 301 / Section 1706
15 §1706. Sureties to keep peace for misdemeanor
Status: in_force

In addition to the punishment prescribed by law, the court may require any person convicted of an offense not punishable by imprisonment in the State Prison to recognize to the State, with sufficient sureties, in a reasonable sum, to keep the peace and be of good behavior for a term not exceeding 2 years, and to stand committed until the person so recognizes. [RR 2023, c. 2, Pt. D, §67 (COR).]
15 M.R.S. § 3010 — ME Code / Title 15 / Part 6 / Chapter 501 / Section 3010
15 §3010. Dissemination of juvenile history record information by a Maine criminal justice agency
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Confidential juvenile history record information" means all juvenile history record information except public juvenile history record information. [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).] B. "Criminal justice agency" has the same meaning as in Title 16, section 703, subsection 4 . [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).] C. "Dissemination" has the same meaning as in Title 16, section 703, subsection 6 . [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).] D. "Executive order" has the same meaning as in Title 16, section 703, subsection 7 . [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).] E. "Juvenile history record information" means information of record collected by a criminal justice agency or at the direction of a criminal justice agency or kept in the custody of a criminal justice agency that connects a specific, identifiable juvenile with formal involvement in the juvenile justice system either as a person accused of or adjudicated as having committed a juvenile crime. "Juvenile history record information" includes, but is not limited to, identifiable descriptions or notations of: summonses and arrests; detention; petitions charging a juvenile with a juvenile crime or any disposition stemming from such charges; post-plea or post-adjudication disposition; execution of and completion of any disposition alternatives imposed; release and discharge from involuntary commitment; any related pretrial and post-trial appeals; collateral attacks; and petitions for and warrants of pardons, commutations, reprieves and amnesties. "Juvenile history record information" does not include information of record of civil proceedings, including traffic infractions and other civil violations or juvenile intelligence and investigative record information as defined in section 3308‑A, subsection 1, paragraph E . As used in this paragraph, "formal involvement in the juvenile justice system either as a person accused of or adjudicated as having committed a juvenile crime" means being within the jurisdiction of the juvenile justice system commencing with arrest, summons, referral to a juvenile community corrections officer, preliminary investigation or filing of a juvenile petition with the Juvenile Court and concluding with the completion of any informal adjustment agreement or the completion of any disposition entered by the Juvenile Court. [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).] F. "Public juvenile history record information" means information indicating that a juvenile has been adjudicated as having committed a juvenile crime that would constitute murder or a Class A, B or C crime if the juvenile adjudicated were an adult and any resulting disposition imposed. [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).] [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).]

2. Juvenile history record information confidential. Except as provided in subsection 3 , juvenile history record information is confidential and not open to public inspection, and does not constitute public records as defined in Title 1, section 402, subsection 3 . [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).]

3. Juvenile history record information pertaining to adjudications. Notwithstanding subsection 2 , if a juvenile has been adjudicated as having committed a juvenile crime that would constitute murder or a Class A, B or C crime if the juvenile adjudicated were an adult, then that adjudication and any resulting disposition imposed, but no other related juvenile history record information, may be disclosed publicly. Any adjudication and related disposition sealed pursuant to section 3308‑C, subsection 10 is not subject to public disclosure pursuant to this subsection. [PL 2023, c. 557, §1 (AMD).]

4. Dissemination of juvenile history record information by Maine criminal justice agency. A Maine criminal justice agency, whether directly or through any intermediary, may disseminate confidential juvenile history record information only to: A. Another criminal justice agency for the purpose of the administration of juvenile justice, the administration of criminal justice or criminal justice agency employment; [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).] B. Any person for any purpose when expressly authorized by a statute, court rule, court decision or court order containing language specifically referring to confidential juvenile history record information or one or more of the types of confidential juvenile history record information; [PL 2023, c. 638, §18 (AMD).] C. A public entity for purposes of international travel, such as issuing visas and granting of citizenship; or [PL 2023, c. 638, §19 (AMD).] D. The Maine Commission on Public Defense Services established by Title 5, section 12004‑G, subsection 25‑A for the purposes of assigning, evaluating or supervising counsel. [PL 2023, c. 638, §20 (NEW).] [PL 2023, c. 638, §§18-20 (AMD).]

5. Required inquiry to State Bureau of Identification. A Maine criminal justice agency, other than a court, shall query the Department of Public Safety, State Bureau of Identification before disseminating any confidential juvenile history record information for a noncriminal justice purpose to ensure that the most up-to-date disposition information is being used. For purposes of this subsection, "noncriminal justice purpose" means a purpose other than for the administration of juvenile justice, the administration of criminal justice or criminal justice agency employment. [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).]

6. Unlawful dissemination of confidential juvenile history record information. Any person who intentionally disseminates confidential juvenile history record information knowing it to be in violation of any provision of this chapter commits a civil violation for which a fine of not more than $1,000 may be adjudged. The District Court has jurisdiction over violations under this subsection. [PL 2021, c. 365, §9 (NEW); PL 2021, c. 365, §37 (AFF).]
15 M.R.S. § 815 — ME Code / Title 15 / Part 2 / Chapter 105 / Section 815
15 §815. Communication between prosecutor and unrepresented defendant in criminal prosecutions
Status: in_force

1. Requirements for communication. To ensure that all waivers of the right to counsel are made knowingly, voluntarily and intelligently, a prosecutor may not communicate with an unrepresented defendant concerning the facts, circumstances, merits or disposition of a pending criminal charge against the defendant unless: A. The defendant has been informed by the court of the defendant's right to counsel, including court-appointed counsel if the defendant is indigent; [PL 2021, c. 668, §1 (AMD).] B. The court has provided to the defendant a statement of: (1) The substance of the charges against the defendant; (2) The defendant's right to retain counsel, to request the assignment of counsel and to be allowed a reasonable time and opportunity to consult counsel before entering a plea; (3) The defendant's right to remain silent and that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant; (4) The maximum possible sentence and any applicable mandatory minimum sentence; and (5) The defendant's right to trial by jury; and [PL 2021, c. 480, §1 (NEW).] C. [PL 2023, c. 340, §1 (RP).] D. Either the defendant initiates the communication or the communication takes place at a dispositional conference and is required by Rule 18(b) of the Maine Rules of Unified Criminal Procedure. [PL 2023, c. 340, §2 (NEW).] [PL 2023, c. 340, §§1, 2 (AMD).]

2. Exception. Notwithstanding subsection 1, a prosecutor may communicate with an unrepresented defendant at any time to: A. Offer the defendant an opportunity to participate in a diversion program or explain steps that the defendant can take, including obtaining reinstatement of the defendant's driver's license or registration or engaging in a certain amount and type of community service, the successful completion of which would result in the prosecutor not prosecuting the charge or charges against the defendant or recommending a dismissal of or filing of the charge or charges. A defendant's failure to successfully complete a diversion program or to successfully undertake any other steps that the prosecutor informed the defendant of under this subsection may not form the basis for imposing any term of imprisonment, suspended or unsuspended, on that defendant if that defendant is later convicted of the charge or charges that were the subject of the discussion; [PL 2023, c. 340, §3 (AMD).] B. Notify the defendant that a pending criminal matter is being dismissed; [PL 2023, c. 340, §3 (AMD).] C. Notify the defendant in writing of a plea offer; or [PL 2023, c. 340, §3 (NEW).] D. Request the defendant's position on a motion to continue or a motion to correct a typographical error in a document filed with the court. [PL 2023, c. 340, §3 (NEW).] [PL 2023, c. 340, §3 (AMD).]

3. Application. This section does not apply to: A. The obligation of the State to provide discovery or other information pursuant to court order, pursuant to rules adopted by the Supreme Judicial Court or as otherwise required by the Constitution of Maine or the United States Constitution; or [PL 2021, c. 668, §1 (NEW).] B. Notice by the prosecutor to a person that no charge is being filed. [PL 2021, c. 668, §1 (NEW).] [PL 2021, c. 668, §1 (NEW).]
15 M.R.S. § 290 — ME Code / Title 15 / Part 1 / Chapter 11 / Section 290
15 §290. Sureties may surrender principals; new recognizances
Status: in_force

A surety in a recognizance taken under this chapter may surrender the principal the same as bail in civil cases, and the surety must thereupon be discharged from liability for any subsequent breach of the recognizance. The principal may recognize anew with sufficient sureties for the residue of the term before a judge and then be discharged. [RR 2023, c. 2, Pt. D, §43 (COR).]