An Act To Amend the Maine Criminal Code and Various Provisions Related to Juveniles
Maine Legislature, Session 122, LD 1771
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, BRYANT, PATRICK
Amends: 12 MRSA §6004, 12 MRSA §8004, 12 MRSA §10608, 15 MRSA §3103-A, 15 MRSA §3205, 15 MRSA §3206, 15 MRSA §3301, 15 MRSA §3314, 15 MRSA §3319, 29-A MRSA §115, 34-A MRSA §3802, 34-A MRSA §3805, 34-A MRSA §4102-A, 34-A MRSA §4104

Legislative Document 
No. 1771 
S.P.688 
In Senate, December 30, 2005 
An Act To Amend the Maine Criminal Code and Various Provisions 
Related to Juveniles 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401. 
Presented by Senator DIAMOND of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: BRYANT of Oxford, Representatives: BRYANT of Windham, 
PATRICK of Rumford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6004, as amended by PL 2005, c. 328, §1, is 
further amended to read: 
§6004. 
Juvenile violations 
Notwithstanding other provl.sl.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 but may be e9IRH1it:t:eEl ordered to 
serve a period of confinement in a Department of Corrections 
juvenile correctional facility '9F-a-pe~4eEl-e'-Ele~eB~ieB that may 
not exceed 30 days, which may be suspended in whole or in part, 
if the court determines that: 
1. 
Crime. 
The crime is one that, if committed by a person 
who has attained 18 years of age, would carry a mandatory term of 
imprisonment that may not be suspended; 
2. 
Nature. 
The aggravated nature and seriousness of the 
crime warrants a period of Ele~eRt:ieR confinement; or 
3. 
History. 
The 
record 
or 
previous 
history 
of 
the 
defendant warrants a period of Ele~eBt:ieB confinement. 
The court is not required to impose a period of 
Ele~eBt:i9A 
~Qllfinement notwithstanding that there is a mandatory term of 
imprisonment applicable to a person who has attained 18 years of 
age. 
Any 
period 
of 
Ele~eA~ieB 
confinement 
must 
be 
served 
concurrently with 
any 
other period of 
Elet:eA~i9A confinement 
previously imposed and not fully discharged or imposed on the 
same date. 
Any period of 
Ele~eR~ieA confinement is subject to 
Title 17-A, section 1253, subsection 2, except that a statement 
is not required to be furnished and the day-for-day deduction 
must be determined by the facility, 
but not to Title 17-A, 
section 1253, subsection 2, paragraph A, or subsection 3-8, 4, 5, 
8, 
or 10. 
If the court suspends the period of Elet:eAt:i9A 
confinement in whole or in part, the court shall impose a period 
of 
administrative 
release 
not 
to 
exceed 
one 
year. 
The 
administrative release must be administered pursuant to Title 
17-A, chapter 54-G, and revocation of the administrative release 
is governed by the provisions of that chapter. 
Sec. 2. 12 MRSA §8004, as amended by PL 2005, c. 328, §2, is 
further amended 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 but may be eeHUllittea ordered to 
serve a period of confinement in a 
Department of Corrections 
juvenile correctional facility ~eF-a-peEiea-e~-ae~eBt;ieR that may 
not exceed 30 days, which may be suspended in whole or in part, 
if the court determines that: 
1. 
Crime. 
The crime is one that, if committed by a person 
who has attained 18 years of age, would carry a mandatory term of 
imprisonment that may not be suspended: 
2. 
Nature. 
The aggravated nature and seriousness of the 
crime warrants a period of aet;eRt;ieR confinement; or 
3. 
History. 
The 
record 
or 
previous 
history 
of 
the 
defendant warrants a period of aeteRt;ieR confinement. 
The court is not required to impose a period of aeteat;iea 
.l;Qllfinement notwithstanding that there is a mandatory term of 
imprisonment applicable to a person who has attained 18 years of 
age. 
Any 
period 
of 
aet;eRt;:ieR 
confinement 
must 
be 
served 
concurrently with 
any 
other period of 
aeteat;ieR 
confinement 
previously imposed and not fully discharged or imposed on the 
same date. 
Any period of aet;eRt;:ieR confinement is subject to 
Title 17-A, section 1253, subsection 2, except that a statement 
is not required to be furnished and the day-for-day deduction 
must be determined by the facility, 
but not to Title 17-A, 
section 1253, subsection 2, paragraph A, or subsection 3-B, 4, 5, 
8, 
or 10. 
If the court suspends the period of aeteRt;ieR 
confinement in whole or in part, the court shall impose a period 
of 
administrative 
release 
not 
to 
exceed 
one 
year. 
The 
administrative release must be administered pursuant to Title 
17-A, chapter 54-G, and revocation of the administrative release 
is governed by the provisions of that chapter. 
Sec. 3. 12 MRSA §10608, as amended by PL 2005, c. 328, §3, is 
further amended to read: 
§I0608. 
Juvenile violations 
Notwi thstanding 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 this Part that is not defined as a juvenile crime 
under Title 15, section 3103, subsection 1 may not be sentenced 
to imprisonment but may be eammittee ordered to serve a period of 
confinement in a Department of Corrections juvenile correctional 
facili ty 
~al'--a--p&I'-1od-~f..-eeteRtiaR that may not exceed 30 days, 
which may 
be 
suspended in whole or in part, if the court 
determines that: 
1. 
Crime. 
The crime is one that, if committed by a person 
who has attained 18 years of age, would carry a mandatory term of 
imprisonment that may not be suspended; 
2. 
Mature. 
The aggravated nature and seriousness of the 
crime warrants a period of eeteBtieR confinement; or 
3. 
History. 
The 
record 
or 
previous 
history 
of 
the 
defendant warrants a period of eeteBtieB confinement. 
The court is not required to impose a period of eeteBtieR 
confinement notwithstanding that there is a mandatory term of 
imprisonment applicable to a person who has attained 18 years of 
age. 
Any 
period 
of 
eeteRtieR 
confinement 
must 
be 
served 
concurrently with 
any 
other 
period of 
eeteRtieR 
confinement 
previously imposed and not fully discharged or imposed on the 
same date. 
Any period of eeteRtieB confinement is subject to 
Title 17-A, section 1253, subsection 2, except that a statement 
is not required to be furnished and the day-for-day deduction 
must be determined by the facility. 
but not to Title 17-A, 
section 1253, subsection 2, paragraph A. or subsection 3-B, 4, 5, 
8, 
or 10. 
If the court suspends the period of eeteRtieB 
confinement in whole or in part, the court shall impose a period 
of 
administrati ve 
release 
not 
to 
exceed 
one 
year. 
The 
administrative release must be administered pursuant to Title 
l7-A, chapter 54-G, and revocation of the administrative release 
is governed by the provisions of that chapter. 
Sec. 4. 15 MRSA §3103-A, sub-§7, ,A, as amended by PL 1991, c. 
493, §10, is further amended to read: 
A. 
A juvenile may be detained in a jailor 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 
observation and 
all times during 
adequate 
staff 
to 
provide 
direct 
supervise the juvenile's activities at 
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 detainee must be detained with adults as a result of 
having attained 21 years of age or unless the court orders 
that the person be detained with adults for any period of 
detention occurring after the detainee has attained tBe-a~e 
e~ 18 years of age or unless the juvenile is bound over as 
an adult and held in an adult section of a facility pursuant 
to court order. 
Sec. 5. 15 MRSA §3205, sub-§2, as amended by PL 1999, c. 624, 
Pt. A, §6, is further amended to read: 
2. 
EzceptioD. 
Subsection 1 applies to any person who is 
considered a juvenile by virtue of section 3101, subsection 2, 
paragraph D except that if the person has attained tBe-a~e-e~ 18 
years of age, any detention pursuant to section 3203-A and any 
eeRlRlitRleBt confinement pursuant to section 3314, subsection 1, 
paragraph H may be, 
upon the order of a court, in an adult 
section of a jailor other secure detention facility intended or 
primarily used for the detention of adults and may extend beyond 
the time limits set out in section 3203-A and, except that if the 
person has attained 21 years of age, any detention pursuant to 
section 3203-A and any confinement pursuant to section 3314, 
subsection 1, paragraph H must be in an adult section of a jail 
or other secure detention facility intended or primarily used for 
the detention of adults and may extend beyond the time limits set 
out in section 3203-A. 
Sec. 6. 15 MRSA §3206, first" as enacted by PL 2003, c. 180, 
§7, is amended to read: 
A person under 18 years of age who is arrested for a crime 
defined under Title 12 or Title 29-A that is not a juvenile crime 
as defined in section 3103 is not subject to chapter 105-A and 
may 
not 
be 
detained unless 
a 
juvenile 
community corrections 
officer has 
been notified within 
hours after the person's 
arrest 
and 
has 
approved 
the 
detention. 
Section 
3203-A, 
subsection 7, 
paragraphs A and B governing the facilities in 
which juveniles may be detained apply to any detention of such a 
juvenile following arrest. 
Sec. 7. 15 MRSA §3301, sub-§7, as amended by PL 1999, c. 624, 
Pt. B, §12, is further amended to read: 
7. 
Ronapplication of section. 
-;rae 
~pt for subsection 
6-A. the provisions of this section do not apply to a juvenile 
charged with either of the juvenile crimf's defined in section 
3103, subsection 1, paragraph E or F, and a petition may be filed 
without 
recommendation 
by 
a 
juvenile 
community 
corrections 
officer. 
The provisions of section 3203-A apply in the case of a 
juvenile charged with either of the juvenile crimes defined in 
section 3103, subsection 1, paragraph E or F. 
Sec. 8. 15 MRSA §3314, sub-§I, 1rE, as amended by PL 2003, c. 
239, §1, is further amended to read: 
E. The court may require the juvenile to make restitution 
for any damage to the victim or other authorized claimant as 
compensation for economic loss upon reasonable conditions 
that the court determines appropriate. For the purposes of 
this paragraph, the definitions in Title 17-A, section 1322 
and the provisions of Title 17-A, sections 1324, 1326-B, 
1326-E, 
1328-A and 1329 apply, except that section 1329, 
subsection 3, paragraph A does not apply. 
Sec. 9. 15 MRSA §3314, sub-§I, 1rG, as amended by PL 1999, c. 
367, §1, is further amended to read: 
G. 
Except for a violation of section 3103, subsection 1, 
paragraph D 2.!:..-H, the court may impose a fine, subject to 
Title 17 -A, sections 1301 to 1304, except that there is no 
mandatory minimum 
fine 
amount. 
For the purpose of this 
section, 
juvenile 
offenses 
defined 
in 
section 
3103, 
subsection 1, paragraphs Band C are deemed Class E crimes. 
Sec. 10. 15 MRSA §3314, sub-§I, ,", as amended by PL 2005, c. 
4.6 
328, §12, 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 
eemm~~ order 
the 
juvenile ~eF to serve a period of ee~en~~en confinement that 
may 
not exceed 
days, 
with or without 
an 
underlying 
suspended disposition of 
commitment 
to 
a 
Department 
of 
Corrections juvenile correctional facility, which 
ee~en~~en 
confinement 
must 
be 
served concurrently with 
any 
other 
period of eetentien confinement 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 aeteatiea facility approved or operated 
by the Department of Corrections exclusively for juveniles. 
The court may order such a disposition to be served as a 
part of and with a period of probation that is subject to 
such provisions of Title l7-A, section 1204 as the court may 
order and that must be administered pursuant to Title 34-A, 
chapter 
5, 
subchapter 
4. 
Revocation 
of 
probation 
is 
governed by the procedure contained in subsection 2. 
Any 
disposition under this paragraph is subject to Title 17-A, 
section 1253, subsection 2 except that a statement is not 
required to be furnished and the day-for-day deduction must 
be 
determined by 
the facility, 
but not 
to Title 
17-A, 
section 1253, subsection 2, paragraph A, or subsection 3-B, 
4, 
5, 
8, 
or 
10. 
For 
purposes 
of 
calculating 
the 
commencement of the period of aeteatiea confinement, credit 
is accorded only for the portion of the first day for which 
the juvenile is actually aetaiaea confined: the juvenile may 
not be released until the juvenile has served the full term 
of hours or days imposed by the court. 
Whenever a juvenile 
is committed for 
a 
period of aeteatiea confinement, 
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 reasonable efforts 
are not necessary because of the existence of an aggravating 
factor as defined in Title 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-€effiffiitffieRt-fe~ a 
period of aeteatiea confinement. 
Sec. 11. 15 MRSA §3319, first" as enacted by PL 1997, c. 752, 
§27, is amended to read: 
Immediately after the court orders detention or confinement 
in or commitment to a juvenile facility, the court shall notify 
the Commissioner of Corrections or the commissioner's designee 
and shall inquire as 
to 
the 
juvenile facility to which the 
juvenile will 
be 
transported. 
The 
commissioner 
has 
complete 
discretion to make this determination. 
The commissioner or the 
commissioner's designee shall immediately inform the court of the 
location of the juvenile facility to which the juvenile will be 
transported. 
Sec. 12. 17·A MRS A §1206, sub·§7·C, as enacted by PL 1999, c. 
246, §7, is amended to read: 
7-C. 
The running of the period of probation is tolled upon 
either the delivery of the summons, the filing of the written 
notice with the court that the person can not be located or the 
arrest of the person. 
If the motion is dismissed or withdrawn, 
or if the court finds no violation of probation, the running of 
the period of probation is deemed not to have been tolled. 
The 
conditions of probation continue in effect during the tolling of 
the running of the period of probation. and any violation of a 
condition subjects 
the 
person 
to 
a 
revocation of 
probation 
pursuant to the provisions of this chapter. 
Sec. 13. 17 -A MRSA § 1206, sub-§8, as amended by PL 1983, c. 
450, §9, is further amended to read: 
8. 
Whenever a person is detained in any state or county 
ins ti tution pending a probation revocation proceeding, sHell. and 
not in execution of any other sentence of confinement. 
that 
per iod of detention sll.all must be deducted from the time the 
person is required to serve under that portion of the sentence 
for which the suspension of execution was vacated as a result of 
the 
probation 
revocation. 
A 
person 
who 
is 
simultaneously 
detained for conduct for which the person receives a consecutive 
term of imprisonment is not entitled to receive a day for day 
deduction 
from 
the consecutive term of 
imprisonment 
for 
the 
period 
of 
simultaneous 
detention 
except 
for 
any 
period 
of 
detention that is longer than the prior term of imprisonment. 
Sec. 14. 17-AMRSA§1253.sub-§2, as amended by PL 2003, c. 
706, Pt. A, §6 and c. 711, Pt. A, §15, is further amended to read: 
2. 
Each person sentenced to imprisonment who has previously 
been detained for the conduct for which the sentence is imposed 
in any state facility or county institution or facility or in any 
local lockup awaiting trial, during trial, post-trial awaiting 
sentencing or post-sentencing prior to the date on which the 
sentence commenced to run either to await transportation to the 
place of imprisonment specified, or pursuant to court order, and 
not 
in execution of 
any 
other 
sentence 
of 
confinement, 
is 
entitled to receive a day-for-day deduction from the total term 
of imprisonment required under that sentence. 
Each person is 
entitled to receive the same deduction for any such period of 
detention in any federal, 
state or county institution, local 
lockup or similar facility in another jurisdiction, including any 
detention resulting 
from 
being 
a 
fugitive 
from 
justice, 
as 
defined by Title 15, section 201, subsection 4, unless the person 
~s hg£ simultaneously ge~R~ ~ 
detained for non-Maine conduct. 
A person who has been simultaneously detained for conduct for 
which the person is sentenced to a consecutive sentence is not 
entitled to receive a day for-day deduction from the consecutive 
sentence for the period of simultaneous detention except for any 
period of detention that is longer 
than the total term of 
imprisonment required under the prior sentence. 
For 
the 
purpose 
of 
calculating 
the 
day-for-day 
deduction 
specified by this subsection, a "day" means 24 hours. 
The total term required under the 
reduced 
by the total deduction of 
applying any of the other deductions 
in Title 30-A, section 1606. 
sentence of imprisonment is 
this 
subsection prior to 
specified in this section o~ 
The sheriff or other person upon whom the legal duty is imposed 
to deliver a sentenced person who has been detained as specified 
in this subsection shall, within 30 days of delivery, furnish to 
the custodian a statement showing the length of that detention. 
In addi tion, the transporter shall furnish to the attorney for 
the State the 
same 
statement. 
The 
custodian shall use 
the 
statement furnished to determine the day-for-day deduction to 
which the person is entitled, if any, unless, wi thin 15 days of 
its receipt, 
the attorney for 
the State furnishes 
a 
revised 
statement to the custodian. 
A. 
For any person who commits a crime on or after August 1, 
2004, is subsequently sentenced to a term of imprisonment 
for that crime and is entitled to receive a day-for-day 
deduction pursuant to this subsection, up to 2 additional 
days per calendar month may be credited to that deduction if 
the person's conduct during that period of detention was 
such that the credit is determined to be warranted in the 
discretion 
of 
the 
chief 
administrative 
officer 
of 
the 
tpcility in which the person has previously been detained. 
Credi ts under this paragraph must be calculated as follows 
for partial calendar months: 
Days of partial month 
to 15 days 
to 31 days 
Maximum credit 
available 
up to 1 
up to 2 
The sheriff or other person required to furnish a statement 
showing 
the 
length 
of 
detention 
shall 
also 
furnish 
a 
statement showing the number of days credited pursuant to 
this paragraph. 
Detention awaiting trial, during trial, post-trial awaiting 
sentencing or post-sentencing prior to the date on which a 
sentence commences to run is not punishment. 
Sec. 15. 29-A MRSA §115, as amended by PL 2005, c. 328, §15, 
is further amended to read: 
§115. 
Juvenile violations 
Notwi thstanding 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 Title that is not defined as a 
juvenile crime under Title 15, section 3103, subsection 1 may not 
be sentenced to imprisonment but may be eemmittee ordered to 
serve a period of confinement in a 
Department of Corrections 
juvenile correctional facility ~eF-a-peFiee-e~-ee£eBtieB that may 
not exceed 30 days, which may be suspended in whole or in part, 
if the court determines that: 
1. 
Crime. 
The crime is one that, if committed by a person 
who has attained 18 years of age, would carry a mandatory term of 
imprisonment that may not be suspended; 
2. 
Nature. 
The aggravated nature and seriousness of the 
crime warrants a period of eeteBtieB confinement; or 
3. 
History. 
The 
record 
or 
previous 
history 
of 
the 
defendant warrants a period of eeteatiea confinement. 
The court is not required to impose a period of eeteatiea 
confinement notwithstanding that there is a mandatory term of 
imprisonment applicable to a person who has attained 18 years of 
age. 
Any 
period 
of 
eeteatiea 
confinement 
must 
be 
served 
concurrently with 
any 
other 
period of eeteatiea 
confinement 
previously imposed and not fully discharged or imposed on the 
same date. 
Any period of eeteatiea confinement is subject to 
Title 17-A, section 1253, subsection 2, except that a statement 
is not reguired to be furnished and the day-for-day deduction 
must be determined by the facility, 
but not to Title 17-A, 
section 1253, subsection 2, paragraph A, or subsection 3-8, 4, 5, 
8, 
or 10. 
If the court suspends the period of eeteatiea 
confinement in whole or in part, the court shall impose a period 
of 
administrative 
release 
not 
to 
exceed 
one 
year. 
The 
administrative release must be administered pursuant to Title 
17-A, chapter 54-G, and revocation of the administrative release 
is governed by the provisions of that chapter. 
Sec. 16. 34·A MRSA §1001, sub·§ll, as amended by PL 2003, c. 
410, §11, is further amended to read: 
11. 
Juvenile client. "Juvenile client" means 
a 
juvenile 
committed to 
a 
juvenile correctional facility who 
is either 
residing at the facility or is on community reintegration statusL 
or ordered confined in a juvenile correctional facility pursuant 
to Title 12, section 6004, 8004 or 10608: Title 15, section 3314, 
subsection 1, paragraph H: or Title 29-A, section 115. 
Sec. 17. 34-A MRS A §1001, sub-§ll-A, as amended by PL 2003, c. 
410, §12, is further amended to read: 
II-A. 
Juvenile 
detainee. 
"Juvenile 
detainee" 
means 
a 
juvenile detained at a departmental juvenile facility pending a 
court 
proceeding 
or 
pursuant 
to 
o;riti.e--~-&,---see-t:-iGn---~~.4T 
sl:iaSeeti-EHl-·h--pa-t"-aq.r-aph-~-eF Title 15, section 3312, subsection 
3, paragraph D. 
Sec. 18. 34-A MRSA §3802, sub-§l, fE, as amended by PL 2005, 
c. 328, §17, is further amended to read: 
E. 
To confine juveniles ordered eetiaiBee confined pursuant 
to Title 15, section 3314, subsection 1, paragraph H; 
Sec. 19. 34-A MRSA §3802, sub-§l, ,G, as enacted by PL 2005, 
c. 328, §19, is amended to read: 
G. 
To confine juveniles ordered eetaiBee confined pursuant 
to Title 12, sections 6004, 8004 and 10608 and Title 29-A, 
section 115. 
Sec. 20. 34-A MRSA §3805, sub-§2, as amended by PL 2003, c. 
689, Pt. B, §§6 and 7 and c. 706, Pt. A, §10, is further amended 
to read: 
2. 
Limitations. 
A person 
may 
not 
be 
detained at or 
confined in or committed to the facility if that person is more 
appropriately 
a 
subject 
for 
intensive 
temporary 
out-of-home 
treatment services or for in-home treatment services provided by 
or through the Department of Health and Human Services as agreed 
upon by the commissioner and the Commissioner of Health and Human 
Services or their designees. 
Sec. 21. 34-A MRSA §3805, sub-§3, as amended by PL 1999, c. 
583, §31, is further amended to read: 
3. 
Certification. 
When a person is detained at or confined 
in or committed to the facility, the court making the detentionL 
confinement 
or commitment shall certify on the mittimus the 
person's birthplace, parentage and legal residence. 
Sec. 22. 34-A MRSA §4102-A, sub-§l, ,E, as enacted by PL 2005, 
c. 328, §22, is amended to read: 
E. 
To confine juveniles ordered Eietiai-Bee confined pursuant 
to Title 15, section 3314, subsection 1, paragraph H; 
Sec. 23. 34-A MRSA §4102-A, sub-§l, ,G, as enacted by PL 2005, 
c. 328, §22, is amended to read: 
G. 
To confine juveniles ordered ae~aiBea confined pursuant 
to Title 12, sections 6004, 8004 and 10608 and Title 29-A, 
section 115. 
Sec. 24. 34-A MRSA §4104. sub-§2, as amended by PL 2003, c. 
689, Pt. B, §§6 and 7 and c. 706, Pt. A, §12, is further amended 
to read: 
2. 
Limitations. 
A person 
may 
not 
be 
detained 
a~ or 
confined in or committed to the facility if that person is more 
appropriately 
a 
subject 
for 
intensive 
temporary 
out-of-home 
treatment services or for in-home treatment services provided by 
or through the Department of Health and Human Services as agreed 
upon by the commissioner and the Commissioner of Health and Human 
Services or their designees. 
Sec. 25. 34-A MRSA §4104, sub-§3, as amended by PL 1999, c. 
583, §42 and PL 2001, c. 439, Pt. G, §8, is further amended to 
read: 
3. 
Certification. 
When a person is detained a~ or confined 
in or committed to the Mountain View Youth Development Center, 
the court ordering the detention or commitment shall certify on 
the 
mittimus 
the 
person's 
birthplace, 
parentage 
and 
legal 
residence. 
SUMMARY 
This bill: 
1. 
Substitutes in the Maine Revised Statutes, Title 15, as 
well as in the provisions of Titles 
and 
29-A concerning 
juveniles convicted of adult offenses, the term "confinement" for 
the term "detention" when referring to a disposition to eliminate 
confusion with the proper use of the term "detention"; 
2. 
Clarifies in Title 15 that the bail process is not 
available for a juvenile charged with an adult Title 12 or 29-A 
offense, but that detention decisions are left to the juvenile 
community corrections officer: 
3. 
Provides that "good time" 
on detention time is not 
available to juveniles: 
• 
4. 
Codifies in Title 17-A the Law Court's ruling that when 
there are consecutive sentences, 
detention time 
can only be 
counted once and also clarifies that this applies to probation 
revocations too; 
5. 
Clarifies in Title l7-A that when the running of the 
period of probation is tolled due to pending probation violation 
proceedings, the conditions still apply during the tolled period; 
6. 
Provides that those persons who have reached 21 years of 
age at the time of being detained for a juvenile offense must be 
held in an adult facility; 
7. 
Clarifies that the confidentiality prov~s~on regarding a 
juvenile against whom a petition has not been filed applies also 
to those juveniles against whom a petition may be filed without a 
recommendation from a juvenile community corrections officer; 
8. 
Adds a cross-reference in the Maine Juvenile Code to a 
restitution provision that 
was 
recently 
added 
to 
the 
Maine 
Criminal Code; and 
9. 
Adds 
Maine Juvenile 
clarifies that 
juveniles. 
a cross-reference in the fine provision of the 
Code to a recently enacted juvenile crime law and 
mandatory minimum fine provisions do not apply to