An Act To Amend the Maine Juvenile Code LR 1963(02)
Maine Legislature, Session 121, LD 1496
Committee Amendment CA_A_H189 (House)
Amends: 15 MRSA §3203-A

COMMITTEE AMENDMENT ,~, to H.P. 1093, L.D. 1496, Bill, "An 
Act To Amend the Maine Juvenile Code" 
Amend the bill by striking out all of sections 3 and 4 and 
inserting in their place the following: 
'Sec.3. 15 MRSA §3203-A, sub-§4-A is enacted to read: 
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 
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. 
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. 
Sec. 4. 15 MRSA §3203-A, sub-§5, 1IC, as repealed and replaced 
by PL 1999, c. 127, Pt. A, §32 and c. 260, Pt. A, §5, is amended 
to read: 
C. 
Continued detention 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.' 
Page l-LR1963(2) 
COMMITTEE AMENDMENT 
~'O. 
~.~ 
COMMITTEE AMENDMENT ,~" to H.P. 1093, L.D. 1496 
Further amend the bill by striking out all of section 5. 
Further amend the bill by inserting after section 5 the 
following: 
'Sec. 6. 15 MRSA §3203-A, sub-§9, as amended by PL 1999, c. 
624, Pt. B, §6, is further amended to read: 
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 
communi ty 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. ' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment authorizes justices of the peace to determine 
whether there is probable cause to believe that a juvenile has 
committed a juvenile crime when a juvenile is arrested without a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT Ilk. to H.P. 1093, L.D. 1496 
warrant for 
a 
juvenile crime or 
a 
violation of conditional 
release and is not released from custody or does not receive a 
detention hearing within 48 hours after arrest. 
In the bill, 
only 
Juvenile 
Court 
Judges 
have 
that 
authorization. 
The 
amendment removes the requirement that the Chief Judge of the 
District Court provide that a Juvenile Court Judge is available 
on all days, 
including Saturdays, 
Sundays and legal holidays, 
since justices of the peace would now also have authority to make 
these probable cause determinations. 
This amendment also strikes 
"testimony" 
from the types of evidence that may be used to. 
establish probable cause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/18/03 ~ae 
Office of Fiscal and Program Review 
LD 1496 
An Act To Amend the Maine Juvenile Code 
LR 1963(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR1963(2) - Fiscal Note - Page 1 of 1