An Act To Amend the Department of Corrections' Laws Pertaining to Juvenile Offenders
Maine Legislature, Session 121, LD 1592
Committee: Criminal Justice and Public Safety
Sponsors: BUNKER, HATCH, BLANCHETTE, CHURCHILL, GROSE, LESSARD, CARPENTER
Amends: 12 MRSA §6004, 12 MRSA §7003, 12 MRSA §8004, 15 MRSA §3003, 15 MRSA §3103, 29-A MRSA §115, 34-A MRSA §1001, 34-A MRSA §3811, 34-A MRSA §4102, 34-A MRSA §4111, 34-A MRSA §4112

Legislative Document 
No. 1592 
H.P.1165 
House of Representatives, April 30, 2003 
An Act To Amend the Department of Corrections' Laws Pertaining 
to Juvenile Offenders 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
/Jf~ 
/J1.1l/ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BUNKER of Kossuth Township. 
Cosponsored by Senator HATCH of Somerset and 
Representatives: BLANCHETTE of Bangor, CHURCHILL of Washburn, GROSE of 
Woolwich, LESSARD of Topsham, Senator: CARPENTER of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6004 is enacted to read: 
§6004. 
Juvenile violations 
Notwithstanding other 
p-rov~s~ons of law, 
a person who has 
not attained 18 years of age and who is convicted of a crime for 
a violation of a provision of this Part that is not defined as a 
juvenile crime under Title 15, section 3103, subsection 1 may not 
be sentenced to imprisonmen~ 
Sec. 2. 12 MRSA §7003 is enacted to read: 
§7003. 
Juvenile violations 
Notwithstanding other provisions of law, 
a person who has 
not attained 18 years of age and who is convicted of a crime for 
a violation of a provision of this Part that is not defined as a 
juvenile crime under Title 15, section 3103, subse-ction 1 may not 
be sentenced to imprisonment. 
Sec.3. 12 MRSA §8004 is enacted to read: 
§8004. 
Juvenile violations 
Notwithstanding other 
prov~s~ons of law, 
a person who has 
not attained 18 years of age and who is convicted of a crime for 
a violation of a provision of this Part that is not defined as a 
juvenile crime under Title 15, section 3103, subsection 1 may not 
be sentenced to imprisonment. 
Sec. 4. 15 MRSA §3003, sub-§14-B, 1[B, as amended by PL 1999, 
c. 624, Pt. B, §2 and PL 2001, c. 439, Pt. G, §6, is further 
amended to read: 
B. 
To provide appropriate services to juveniles committed 
to 
eRe-~-.f:-£ee.JI:--~y.~a.--DeveJ-E>pfIlEffit--GeBeeF Department of 
Corrections juvenile correctional facility who are on leave 
or in the community on afeeFeaFe community reintegration; and 
Sec. 5. 15 MRSA §3103, sub-§I, 1[F, as amended by PL 1997, c. 
462, §3, is further amended to read: 
F. 
The criminal violation of operating a 
motor vehicle 
under the influence of intoxicating liquor or drugs or with 
an excessive blood-alcohol level, as defined in Title 29-A, 
section 2411, and offenses defined in Title 29-A as Class B 
or C crimes; aBe 
Page l-LR1964(1) 
Sec. 6. 15 MRSA §3103, sub-§I, 1(G, as enacted by PL 1997, c. 
462, §4, is amended to read: 
G. 
A violation of section 393, subsection I-AT; and 
Sec.7. 15 MRSA §3103, sub-§I, 1(11 is enacted to read: 
H. 
If a 
juvenile has been convicted of a 
crime for 
a 
violation 
of 
a 
provision 
of 
Title 
or 
29-A 
not 
specifically included in paragraph E or F, willful refusal 
to pay a resulting fine or willful violation of the terms of 
a resulting probation or willful failure to comply with the 
terms of any other resulting court order. 
Sec. 8. 29-A MRSA §115 is enacted to read: 
§115. 
Juvenile violations 
Notwithstanding other prov1s10ns of law, 
a person who has 
not attained 18 years of age and who is convicted of a crime for 
a violation of a provision of this Title that is not defined as a 
juvenile crime under Title 15, section 3103, subsection 1 may not 
be sentenced to imprisonment. 
Sec. 9. 34-A MRSA §1001, sub-§6, as amended by PL 1997, c. 
752, §31 and PL 2001, c. 439, Pt. G, §8, is further amended to 
read: 
6. 
Correctional facility. 
"Correctional facility" means 
any facility that falls under the jurisdiction of the department, 
but does not include 
~he-~-a-i-n--Vi-e-w-¥e~~h--De-\<e-loprAen-t:--Gea~e~ 
e~ any facility for which the department is required to establish 
standards pursuant to section 1208 or 1208-A. 
Sec. 10. 34-A MRSA §1001, sub-§8-A, as enacted by PL 1991, c. 
314, 
§6 and amended PL 
2001, 
c. 
439, Pt. 
G, 
§8, is further 
amended to read: 
8-A. 
Detention facility. 
"Detention facility" means the 
Long Creek Youth Development Center and the Mountain View Youth 
Development Center. 
Sec. 11. 34-A MRSA §1001, sub-§II, as amended by PL 1997, c. 
752, §32, is further amended to read: 
II. 
Juvenile client. "Juvenile client" means 
a 
juvenile 
committed to 
a 
juvenile correctional facility who 
is either 
residing 
at 
the 
facility 
or 
is 
on 
af~el:'ea~e 
community 
reintegration status. 
Sec. 12. 34·A MRSA §1001, sub.§l1.A, as amended by PL 1997, c. 
752, §33, is further amended to read: 
II-A. 
Juvenile 
detainee. 
"Juvenile 
detainee" 
means 
a 
juvenile detained at a departmental juvenile facility pending a 
court proceedingT-~eRaiR~-~~~~~~~~-~~~-~i~le-11-AT 
seeEieB-16Q§ or pursuant to Title 15, section 3314, subsection 1, 
paragraph H or Title 15, section 3312, subsection 3, paragraph D. 
Sec. 13. 34·A MRSA §3802, sub.§I, 1JA, as amended by PL 1997, 
c. 752, §36, is further amended to read: 
A. 
To 
detain 
juveniles 
pending 
a 
court proceeding 
SF 
~eBaiB~-a-~FeliffiiBaFY-ReaFiB~-YBaeF-~iEle-11-AT-seeEieB-16Q§; 
Sec. 14. 34·A MRSA §3809·A, sub·§3, as enacted by PL 2001, c. 
517, §1, is amended to read: 
3. 
Psychiatric hospitalization. 
The commissioner has all 
the power over a juvenile client that a guardian has over a ward 
and that a parent. has over a child with regard to necessary 
psychiatric 
hospitalization, 
including 
hospitalization 
in 
a 
nonstate mental health institution or hospital for the mentally 
ill. 
If a juvenile client is or becomes 18 years of age while 
still 
under 
commitment, 
the 
statutory 
guardianship 
of 
the 
commissioner 
over 
the 
juvenile 
client 
terminates, 
but 
the 
juvenile 
client 
remains 
subject 
to 
the 
control 
of 
the 
commissioner 
and staff and 
rules of the facility until the 
expiration of the period of commitment or until discharge from 
the facility. 
Nothing in this subsection may be construed to 
override the 
requirement to make 
application for psychiatric 
hospitalization in accordance with Title 34-B, 
section 3863, 
unless hospitalization is made with the juvenile client's consent 
in accordance with Title 34-B, section 3831. 
The 
commissioner~ 
may make application for necessary psychiatric hospitalization of 
a 
juvenile detainee, 
including hospitalization in 
a 
nons tate 
mental health institution or hospital for the mentally ill, in 
accordance with Title 34-B, section 3863. 
Sec. IS. 34·A MRSA §3810, as amended by PL 1999, c. 583, §§33 
and 34, is further amended to read: 
§3810. 
Community reintegration status 
1. 
Commissioner's 
powers. 
During 
a 
juvenile 
client's 
commitment 
to 
the 
facility, 
the 
commissioner 
may, 
at 
the 
commissioner's discretion: 
A. 
Keep the juvenile client at the facility; or 
B. 
Place 
the 
juvenile 
reintegration status for a 
the juvenile's commitment. 
client 
on 
afte~ea~e 
community 
period not exceeding the term of 
2. 
Reports. 
As 
often as the 
person 
or 
agency 
caring 
for 
the 
afte~ea~e community reintegration 
commissioner requires, 
juvenile 
client while 
status shall report to 
the 
on 
the 
commissioner: 
A. 
The 
progress 
and 
behavior 
of 
the 
juvenile client, 
whether or not the juvenile client remains under the care of 
the person or agency; and 
B. 
If the juvenile client is not under the care of the 
person or agency, where the client is. 
3. 
Center 
services. 
The 
commissioner 
shall 
provide 
afte~ea~e community reintegration services to juvenile clients. 
4. 
Cancel.l.ation. If the commissioner is satisfied at any 
time that the welfare of the juvenile client will be promoted by 
return to the facility, the commissioner may cancel the afte~ea~e 
community reintegration status and resume charge of the client 
wJ..th 
the 
same 
powers 
as 
before 
the 
placement 
on 
afte~ea~e 
community reintegration status was made. 
Sec. 16. 34-A MRSA §3811, first 1[, as amended by PL 1999, c. 
583, §35, is further amended to read: 
When 
a 
juvenile client who 
has been placed on 
afte~ea~e 
community reintegration status, who has been granted a furlough 
or work or education release or who has been absent from the 
facility without leave is taken into custody for the purpose of 
return to the facility by an officer or employee of the facility, 
at the direction of the commissioner, or by a law enforcement 
officer, at the request of the commissioner, and because of the 
juvenile client's distance from the facility at the time of being 
taken into custody, it becomes necessary to detain the client 
overnight: 
Sec. 17. 34-A MRSA §4102, sub-§I, as amended by PL 1997, c. 
752, §41, is further amended to read: 
l.. 
Detention. 
To 
detain 
juveniles 
pending 
a 
court 
proceeding a ~ - -pend-ing- - a- -P-Fe-l-im-i-aa-l'-j"- - -he-ar-i~- -aBGeF-- ~-i-t..,J.-€-- -;1 1- -AT 
seetiaB-laGs; 
Sec. 18. 34-A MRSA §4111, sub-§3, as enacted by PL 2001, c. 
517, §2, is amended to read: 
3. 
Psychiatric hospitalization. 
The commissioner has all 
the power over a juvenile client that a guardian has over a ward 
and that a parent has over a child with regard to necessary 
psychiatric 
hospitalization, 
including 
hospitalization 
in 
a 
nons tate mental health institution or hospital for the mentally 
ill. 
If a juvenile client is or becomes 18 years of age while 
still 
under 
commitment, 
the 
statutory 
guardianship 
of 
the 
commissioner 
over 
the 
juvenile 
client 
terminates, 
but 
the 
juvenile 
client 
remains 
subject 
to 
the 
control 
of 
the 
commissioner 
and staff and 
rules of 
the facility until the 
expiration of the period of commitment or until discharge from 
the facility. 
Nothing in this subsection may be construed to 
override the 
requirement to make 
application for psychiatric 
hospitalization in accordance with Title 34-B, 
section 
3863, 
unless hospitalization is made with the juvenile client's consent 
in accordance with Title 34-B, section 3831. 
The commissioner 
may make application for necessary psychiatric hospitalization of 
a 
juvenile detainee, 
including hospitalization in 
a 
nonstate 
mental health institution or hospital for the mentally ill, in 
accordance with Title 34-B, section 3863. 
Sec. 19. 34-A MRSA §4112, as enacted by PL 1999, c. 583, §45 
and amended by PL 2001, c. 439, Pt. G, §8, is further amended to 
read: 
§4112. 
Community reintegration status 
1. 
Commissioner's 
povers. 
During 
a 
juvenile 
client's 
commitment to the Mountain View Youth Development Center, the 
commissioner may, at the commissioner's discretion: 
A. 
Keep the juvenile client at the Mountain View Youth 
Development Center; or 
B. 
Place 
the 
juvenile 
reintegration status for a 
the juvenile's commitment. 
client 
on 
aEteFeaFe 
community 
period not exceeding the term of 
2. 
Reports. 
As often as the commissioner requires, 
the 
person 
or 
agency 
caring 
for 
the 
juvenile 
client 
while 
on 
a~teFeaFe community reintegration status shall report to the 
commissioner: 
A. 
The 
progress 
and 
behavior 
of 
the 
juvenile client, 
whether or not the juvenile client remains under the care of 
the person or agency; and 
B. 
If the juvenile client is not under the care of the 
person or agency, where the client is. 
3. 
Facility services. 
The 
commissioner 
shall 
provide 
ai~e~ea~e community reintegration services to a juvenile client. 
4. 
Cancellation. 
If the commissioner is satisfied at any 
time that the welfare of the juvenile client will be promoted by 
return 
to 
the 
Mountain 
View 
Youth 
Development 
Center, 
the 
commissioner 
may 
cancel the 
ai~e~ea~e community reintegration 
status and resume charge of the client with the same powers as 
before the placement on ai~e~ea~e community reintegration status 
was made. 
Sec. 20. 34·A MRSA §4113, first" as enacted by PL 1999, c. 
583, §45 and amended by PL 2001, c. 439, Pt. G. §8, is further 
amended to read: 
When 
a 
juvenile client who has been placed on 
ai~e~ea~e 
community reintegration status, who has been granted a furlough 
or work or education release or who has been absent from the 
Mountain View Youth Development Center without leave is taken 
into custody for the purpose of return to the Mountain View Youth 
Development Center by an officer or employee of the Mountain View 
Youth Development Center, at the direction of the commissioner, 
or 
by 
a 
law 
enforcement 
officer, 
at 
the 
request 
of 
the 
commissioner, and, because of the juvenile client's distance from 
the Mountain View Youth Development Center at the time of being 
taken into custody, it becomes necessary to detain the client 
overnight: 
Sec. 21. 34·A MRSA §4116, sub-§2, as enacted by PL 1999, c. 
583, §45 and amended by PL 2001, c. 439, Pt. G, §8, is further 
amended to read: 
2. 
Reversion. 
Upon discharge or placement on 
ai~e~ea~e 
community 
reintegration status 
from 
the 
Mountain 
View 
Youth 
Development Center, the custody of the juvenile reverts to the 
Department of Human Services, if the juvenile is still under 18 
years of age. 
Sec. 22. 34·A MRSA §5602, sub-§2, ,C, as amended by PL 1999, 
c. 583, §46, is further amended to read: 
C. 
To provide appropriate services to juveniles committed 
to a juvenile correctional facility who are in the community 
on ai~e~ea~e community reintegration status. 
SUMMARY 
This bill eliminates terms of imprisonment in county jails 
for juveniles who commit adult offenses under the Maine Revised 
Statutes, Titles 12 and 29-A, such as operating after suspension, 
night hunting and operating an ATV on a public way, but provides, 
if the juvenile doesn't comply with the sentence given, 
the 
juvenile commits a juvenile crime. 
The bill amends the purposes of juvenile institutions to 
eliminate the references to preliminary hearings since these are 
no longer held for juveniles. 
The bill amends the definition of 
"juvenile detainee" to include a juvenile detained 
for a drug 
court 
sanction 
under Title 
15, 
section 
3312, 
sUbsection 
3, 
paragraph D. 
This clarifies that juveniles sanctioned by a drug 
court are considered detainees under the provisions of Title 
34-A. 
The bill clarifies that the Long Creek Youth Development 
Center and the Mountain View Youth Development Center are both 
detention and correctional facilities. 
The bill also replaces 
references 
to 
"aftercare" 
with 
"community 
reintegration" 
throughout Title 34-A to reflect current terminology. 
This bill also allows a juvenile detainee to be hospitalized 
in a nons tate psychiatric hospital if ordered by the court by way 
of a procedure known as the "blue paper" process.