Resolve, Directing the Department of Corrections To Establish a Pilot Project at the Department's Juvenile Correctional Facilities Further amend the bill by striking out everything after the ti tIe and before the summary and inserting in its place the following: Sec. 1. Pilot project established. Resolved: That the Commissioner of Corrections, referred to in this resolve as "the commissioner," shall establish a pilot project to determine the need for judicial review of the services provided to at-risk juveniles committed to a juvenile correctional facility of the Department of Corrections, referred to in this resolve as "the department"; and be it further Sec. 2. Criteria for participation in pilot project. Resolved: That the commissioner shall determine criteria for participation in the pilot project in section 1 for juveniles committed to a department juvenile correctional facility under the Maine Revised Statutes, Title 15, section 3314, subsection 1, paragraph F on or after January 1, 2006. The criteria must be designed to identify up to juveniles at each of the department's juvenile correctional facilities who are in special need of intensive services. The criteria may include, but need not be limited to, such factors as young age, serious mental health needs and low level of parental involvement; and be it further Page l-LR0724(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1376
Committee Amendment CA_A_S288 (Senate)

COMMITTEE AMENDMENT ,,~, to S.P. 474, L.D. 1376, Bill, "An 
Act To Amend the Laws Governing the Right to Periodic Review 
under the Maine Juvenile Code" 
Amend the bill by striking out the title and substituting 
the following: 
'Resolve, Directing the Department of Corrections To Establish a 
Pilot 
Project 
at 
the 
Department's 
Juvenile 
Correctional 
Facilities' 
Further amend the bill by striking out everything after the 
ti tIe and before the summary and inserting in its place the 
following: 
'Sec. 
1. 
Pilot 
project 
established. 
Resolved: 
That 
the 
Commissioner of Corrections, referred to in this resolve as "the 
commissioner," shall establish a pilot project to determine the 
need for judicial review of the services provided to at-risk 
juveniles committed to a juvenile correctional facility of the 
Department of Corrections, referred to in this resolve as "the 
department"; and be it further 
Sec. 2. Criteria for participation in pilot project. Resolved: 
That 
the commissioner shall determine criteria for participation in 
the pilot project in section 1 for juveniles committed to a 
department juvenile correctional facility under the Maine Revised 
Statutes, Title 15, section 3314, subsection 1, paragraph F on or 
after January 1, 2006. 
The criteria must be designed to identify 
up 
to 
juveniles 
at 
each 
of 
the 
department's 
juvenile 
correctional facilities who 
are in special need of intensive 
services. 
The criteria may include, but need not be limited to, 
such factors as young age, serious mental health needs and low 
level of parental involvement; and be it further 
Page l-LR0724(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
. to S.P. 474, L.D. 1376 
Sec. 3. Long Creek Youth Development Center. Resolved: 
That 
the commissioner shall appoint a selection committee, consisting 
of 
the 
Associate 
Commissioner 
for 
Juvenile 
Services or 
the 
associate commissioner's designee, 
a juvenile prosecutor and a 
juvenile 
defense 
attorney. 
The 
selection 
committee 
shall 
recommend an appropriate guardian ad litem for each juvenile 
committed to the Long Creek Youth Development Center who 
is 
chosen for participation in the pilot project in section 1. 
The 
juvenile court shall give great weight to the recommendation of 
the selection committee in making its appointment of the guardian 
ad litem. 
The guardian ad litem selected must be on the current 
Maine District Court roster of guardians ad litem but may not be 
a member of the selection committee or the defense attorney for 
the juvenile. 
A person serving as a guardian ad litem under this 
resolve 
acts 
as 
the 
court's 
agent 
and 
is 
entitled 
to 
quasi-judicial immunity for acts performed within the scope of 
the duties of the guardian ad litem. 
In consultation with the 
selection committee, 
the department shall develop and provide 
orientation and training specific to the role of a guardian ad 
litem 
for 
a 
juvenile 
committed 
to 
a 
juvenile 
correctional 
facility prior to the guardian ad litem's assuming the guardian'S 
responsibilities, and the department may offer ongoing training. 
At least quarterly, 
the selection committee shall review the 
guardian ad litem's performance. 
If the selection committee 
determines at any time that a guardian ad litem is not performing 
the 
guardian's 
responsibilities 
appropriately, 
the 
selection 
committee may recommend the removal of the guardian ad litem and 
recommend a replacement. 
The juvenile court shall give great 
weight to the 
recommendations of the selection committee 
to 
remove and replace a guardian ad litem. 
The recommendations of 
the selection committee to select, remove and replace a guardian 
ad litem must be made by at least majority vote, and the court's 
decisions to accept or reject those 
recommendations 
are not 
appealable; and be it further 
Sec. 4. Mountain View Youth Development Center. Resolved: 
That 
the chief advocate of the department shall, with the approval of 
the commissioner, select an advocate for the Mountain View Youth 
Development Center. 
In addition to the provisions of the Maine 
Revised Statutes, Title 34-A, section 1203 that apply to the 
advocate, the advocate has the duties set out in this resolve 
with 
respect 
to 
the 
juveniles 
at 
the 
Mountain 
View 
Youth 
Development Center who are chosen for participation in the pilot 
project in section 1; and be it further 
Sec. 5. Duties. Resolved: 
That for each juvenile chosen for 
participation in the pilot project in section 1 the selected 
guardian ad litem or the advocate shall meet with the juvenile at 
the facility and with the juvenile's parents, guardian or legal 
custodian 
within 
days 
of 
being 
assigned 
to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A' to S.P. 474, L.D. 1376 
the juvenile's case and at least once every 3 months thereafter. 
Wi thin 30 days of being assigned to the juvenile's case and at 
least every 3 months thereafter, the guardian ad litem or the 
advocate shall review the following documents if generated by or 
for 
the 
department 
since 
the 
juvenile's 
commitment: 
the 
integrated assessment, or its equivalent; the resident case plan, 
or its equivalent; 
any modifications 
to the case plan; 
any 
psychological evaluation, including any sexual behavior treatment 
assessment, if applicable; any sexual behavior treatment plan, if 
applicable; 
any psychiatric evaluation; 
any assessment of the 
juvenile prepared by a treatment provider under contract with the 
department; 
and, 
with 
the 
juvenile's 
written 
consent, 
any 
substance 
abuse 
treatment 
assessment 
and 
treatment plan, 
if 
applicable. 
The guardian ad litem or advocate shall attend all 
classification committee meetings regarding the juvenile and must 
have access to minutes of the classification committee meetings 
and unit treatment team meetings or their equivalents. 
Access 
includes being provided copies of the documents upon reasonable 
notice. 
Any information obtained by the guardian ad litem or the 
advocate must be kept confidential except to the extent necessary 
to perform the duties set out in this resolve; and be it further 
Sec. 6. 
Report. 
Resolved: 
That, 
wi thin 
months 
of 
a 
juvenile's commitment, the guardian ad litem or advocate shall 
prepare a written report regarding the services being provided to 
the juvenile, including any recommendations for additional or 
different services. 
A copy must be provided to the juvenile 
court and 
be 
reviewed by 
the court at the judicial review 
provided for in the Maine Revised Statutes, Title 15, section 
3315, subsection 3. 
A copy of the report must also be provided 
to the superintendent of the facility, 
the juvenile and the 
juvenile's parents, guardian or legal custodian at least 2 weeks 
prior to the 
review. 
The guardian ad litem or advocate may 
request a separate judicial review of the report and, if such a 
review is requested, a copy of the report must be provided to the 
superintendent, the juvenile and the juvenile's parents, guardian 
or legal custodian at least 2 weeks prior to the review. 
A 
separate judicial review may be requested by the guardian ad 
litem only while the juvenile continues to reside in a juvenile 
correctional facility and not more than once in a 6-month period; 
and be it further 
Sec. 7. Judicial review. Resolved: 
That the super intendent of 
the facility, the juvenile and the juvenile's parents, guardian 
or legal custodian must be notified of the 
review of the report 
of the guardian ad litem or advocate at least 2 weeks prior to 
the review date. 
The guardian ad litem or advocate shall attend 
the review. 
The superintendent or the superintendent's designee 
may attend the review. 
The juvenile's parents, guardian or legal 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A .. to S.P. 474, L.D. 1376 
custodian may 
also 
attend the 
review. 
Unless 
extraordinary 
circumstances require, as documented by the guardian ad litem or 
the advocate or unless ordered by the court, the juvenile may not 
attend the review. 
The guardian ad litem or advocate shall make 
the wishes of the juvenile known to the court if the juvenile has 
expressed 
the 
juvenile's 
wishes, 
regardless 
of 
the 
recommendations of the guardian ad litem. 
At the review, the 
court shall review the guardian ad Ii tern's or advocate's report 
and any response to the report by the department or the parents, 
guardian or legal custodian. 
The court may make recommendations 
to the department with respect to services for the juvenile, the 
department shall consider and may 
implement as it determines 
appropriate. 
If the department determines that a recommendation 
of the court is not appropriate, the department shall inform the 
court in writing, 
with 
a 
copy to the guardian ad litem or 
advocate, the juvenile and the juvenile's parents, guardian or 
legal custodian. 
The court may schedule a 
subsequent review, 
with 2 weeks' notification to the superintendent, the guardian ad 
litem, 
the advocate, 
the juvenile and the juvenile's parents, 
guardian 
or 
legal 
custodian. 
The 
subsequent 
review may 
be 
attended 
by 
an 
assistant 
attorney 
general 
representing 
the 
department, an attorney representing the juvenile, the juvenile 
and the parties who attended the prior hearing. 
The court may 
reiterate 
or 
modify 
its 
prior 
recommendations, 
which 
the 
department shall consider and may 
implement as it determines 
appropriate. 
A judicial review may 
not affect 
a 
juvenile's 
commitment to a department juvenile correctional facility; and be 
it further 
Sec. 8. 
Evaluation of pilot 
project. 
Resolved: 
That, 
in 
consultation with the selection committee under section 3, the 
commissioner 
shall 
establish 
a 
process 
and 
criteria 
for 
evaluating the effectiveness of the pilot project in section 1 at 
both 
of 
the 
department's 
juvenile 
correctional 
facilities, 
including a comparison of the implementation of the project at 
the department juvenile correctional facilities. 
The results of 
the evaluation must be provided to the joint standing committee 
of the Legislature having jurisdiction over criminal justice and 
public safety matters in a written report no later than January 
15, 
2008, 
along with 
the department's 
recommendation 
as 
to 
whether the project should be expanded, modified, 
reduced or 
terminated. 
In lieu of any action by the Legislature, the pilot 
project terminates on April 1, 2008. I 
SUMMARY 
This amendment replaces the bill with a resolve that directs 
the Commissioner of Corrections to create a pilot project to 
determine the need for judicial review of the services provided 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .A. to S.P. 474, L.D. 1376 
to at-risk juveniles committed to a Department of Corrections 
juvenile facility. 
The commissioner shall determine criteria for 
participation of the juveniles in the pilot project by up to 15 
juveniles at each facility. 
The pilot project must 
include 
guardians ad litem at the Long Creek Youth Development Center 
recommended by a .selection committee, appointed by the juvenile 
court and trained by the department. 
The pilot project must also 
include 
an advocate to work with selected juveniles at the 
Mountain 
View 
Youth 
Development 
Center. 
The 
advocate 
and 
guardians 
ad 
litem shall meet 
and 
work 
regularly with 
the 
juveniles, the parents, guardians or legal custodians and shall 
review the juveniles' assessments and treatment plans. 
Within 12 
months the advocate and guardians ad litem shall prepare written 
reports regarding the services being provided to the juveniles. 
These 
reports 
must 
be 
provided to 
the 
juvenile court, 
the 
superintendents of the facilities and the parents, guardians or 
legal custodians of the juveniles. 
The resolve provides for 
judicial review of the reports and potential recommendations for 
amended 
services 
for 
juveniles, 
which 
the 
department 
may 
implement 
as 
it 
determines 
appropriate. 
The 
resolve 
also 
requires an evaluation of the pilot project with a report to the 
joint standing committee of the Legislature having jurisdiction 
over criminal justice and public safety matters by January 15, 
2008. 
The pilot project terminates on April 
1, 
2008 unless 
further legislative action is taken. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05124/05 ;'k?'ae 
LD 1376 
LR0724(02) 
An Act To Amend the Laws Governing the Right to Periodic Review under the Maine Juvenile Code 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with this legislation can be absorbed by the Department of Corrections, the Judicial 
Department and the Department of the Attorney General utilizing existing budgeted resources. 
LR0724(2) - Fiscal Note - Page 1 of 1