An Act To Improve Access by the Department of Corrections to Federal Funds under Title IV -E of the federal Social Security Act
Maine Legislature, Session 121, LD 1498
Committee: Criminal Justice and Public Safety
Sponsors: STRIMLING, GERZOFSKY, BUNKER, CHURCHILL, LESSARD, MAIETTA
Amends: 15 MRSA §3314, 15 MRSA §3315

Legislative Document 
No. 1498 
S.P.498 
In Senate, March 31, 2003 
An Act To Improve Access by the Department of Corrections to 
Federal Funds under Title IV -E of the federal Social Security Act 
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. 
Presented by Senator STRIMLING of Cumberland. 
Cosponsored by Representative GERZOFSKY of Brunswick and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: BUNKER of Kossuth Township, CHURCHILL of Washburn, LESSARD of 
Topsham, MAIETTA of South Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §3314, sub-§I, 1rH, as amended by PL 1999, c. 
624, Pt. A, §7, is further amended to read: 
H. 
The court may commit the juvenile to a Department of 
Corrections juvenile correctional facility and order that 
the disposition be suspended or may commit the juvenile for 
a period of detention that may not exceed 30 days, with or 
without an underlying suspended disposition to a Department 
of 
Corrections 
juvenile 
correctional 
facLli ty, 
which 
detention must be served concurrently with any other period 
of detention previously imposed and not fully discharged or 
imposed on the same date but may be served intermittently as 
the 
court 
may 
order 
and 
must 
be 
ordered 
served 
in 
a 
detention facility approved or operated by the Department of 
Corrections exclusively for juveniles. 
The court may order 
such a disposition to be served as a part of and with a 
period of probation that is subject to such provisions of 
Ti tIe 17 -A, section 1204 as the court may order and that 
must be administered pursuant to Title 34-A, 
chapter 5, 
subchapter IV~. Revocation of probation is governed by the 
procedure contained in subsection 2. 
Any disposition under 
this paragraph is subject to Title l7-A, 
section 1253, 
subsection 
2, 
but 
not 
to 
Title 
-A, 
section 
1253, 
subsection 3-B, 4, 5 or 8. 
Whenever a juvenile is committed 
for a period of detention, 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 necessar~cause of 
the existence of an aggravating factor as defined in Title 
22, section 4002, subsection l-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 a commitment for a period of detention. 
Sec. 2. 15 MRSA §3314, sub-§2, as amended by PL 2001, c. 696, 
§5, is further amended to read: 
2. 
Suspended disposition. The court may impose any of the 
dispositional 
alternatives 
provided 
in subsection 
and 
may 
suspend its disposition and place the juvenile on a specified 
period of probation that is subject to such provisions of Title 
-A, 
section 
1204 
as 
the 
court 
may 
order 
and 
that 
is 
administered pursuant to the provisions of Title 34-l:i" 
chapter 5, 
subchapter 
IV 
~, 
except that the 
court 
may 
not 
impose 
the 
condition set out in Title l7-A, section 1204, subsection I-A. 
The court may impose as a condition of probation that a juvenile 
must reside outside the juvenile's home in a setting satisfactory 
to 
the 
juvenile 
community 
corrections officer if the 
court 
Page l-LR1962(1) 
f 
determines that 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 I-B, and that continuation in 
the juvenile's home would be contrary to the welfare of the 
juvenile. 
Imposition of such a condition does not affect the 
legal custody of the juvenile. 
Modification of probation is governed by the procedures contained 
in Title 
17-A, 
section 
1202, 
subsection 
2. 
Termination of 
probation is governed by the procedures contained in Title l7-A, 
section 1202, subsection 3. 
Revocation of probation is governed 
by the procedures contained in Title 17-A, sections 1205, 1205-B, 
1205-C and 1206, except that the provisions of those sections 
requiring a preliminary hearing do not apply and those provisions 
of Title 17 -A, section 1206, subsection 7 -A allowing a vacating 
of 
part 
of 
the 
suspension 
of 
execution 
apply 
only 
to 
a 
disposition under subsection 1, paragraph G or H; 
however, 
a 
disposition under subsection 1, paragraph F may be modified to a 
disposition 
under 
subsection 
1, 
paragraph 
H. 
Whenever 
a 
revocation 
of 
probation 
results 
in 
the 
imposition 
of 
a 
disposition under 
subsection 1, 
paragraph 
F 
or 
a 
period of 
detention 
under 
subsection 
1, 
paragraph 
H, 
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 
Ti tIe 22, section 4002, subsection I-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 a particular disposition upon a revocation of probation. 
If the juvenile is being detained for an alleged violation of 
probation, the court shall review wi thin 48 hours following the 
detention, excluding Saturdays, Sundays and legal holidays, the 
decision to detain the juvenile. 
Following that ieview, 
the 
court shall order the juvenile's release unless the court finds 
that there is probable cause to believe that the juvenile has 
violated a condition of probation and finds, by a preponderance 
of the evidence, that continued detention is necessary to meet 
one of the purposes of detention under section 3203-A, subsection 
4, paragraph C. 
Whenever a court orders continued detention, 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 
Ti tIe 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 continued detention. 
Sec. 3. 15 MRSA §3315, sub-§3, as amended by PL 1999, c. 260, 
Pt. A, §10, is further amended to read: 
3. 
Court review of determination. 
Whenever a court makes a 
determination pursuant to section 3314, subsection 1, paragraph F 
or section 3314, subsection 2 that 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 that 
continuation in the juvenile's home would be contrary to the 
welfare of the juvenile, that determination must be reviewed by 
the court not less than once every 12 months until the juvenile 
is discharged or no longer residing outside the juvenile's home 
or attains 18 years of age. 
This 
review does not affect a 
juvenile's commitment to a 
Department of Corrections juvenile 
correctional facility. 
SUMMARY 
This bill amends 
the Maine 
Revised Statutes, 
Title 15, 
section 3314, subsection 1, paragraph H so that when a juvenile 
is given a "shock" sentence, or 30-day short term sentence, the 
court must make the reasonable-efforts determination required for 
federal funding under Title IV-E of the Social Security Act. 
This bill also amends Title 15, section 3314, subsection 2 to add 
a provision so that whenever a probation revocation results in a 
juvenile's being committed to a department facility, whether for 
an indeterminate time or for a "shock" sentence, the court must 
make the reasonable-efforts determination required for federal 
funding under Title IV-E of the Social Security Act. 
Similarly, 
Title 15, section 3314 is amended so that the determination is 
made 
whenever 
a 
court 
orders 
continued detention. 
pending 
a 
probation revocation. 
Compliance with the requirements of Title 
IV-E is necessary to receive federal funds for juveniles who are 
placed outside of their homes. 
Finally, this bill amends Title 
15, 
section 3315, 
subsection 
to end the reviews of these 
reasonable-efforts 
determinations 
once 
a 
juvenile 
reaches 
years of age, when eligibility for federal funding cea.ses. 
..