Maine Legislature, Session 122, LD 1504
Committee Amendment CA_A_S289 (Senate)
Amends: 12 MRSA §6004, 12 MRSA §8004, 12 MRSA §10608, 15 MRSA §3103, 15 MRSA §3201, 29-A MRSA §115, 34-A MRSA §3802, 34-A MRSA §4102, 34-A MRSA §4102-A

COMMITTEE AMENDMENT "A, to S.P. 520, L.D. 1504, Bill, "An 
Act To Amend the Statutes Relating to Juveniles" 
Amend the bill by striking out all of sections 1, 2 and 3 
and inserting in their place the following: 
'Sec. 1. 12 MRSA §6004, as enacted by PL 2003, c. 410, §1, is 
amended to read: 
§6004. Juvenile violations 
Notwi thstanding 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 
imprisonmentT 
but 
may 
be 
committed 
to 
a 
Department of Corrections juvenile correctional facility for a 
per iod of detention 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 detention; or 
Page I-LR0363(2) 
COMMITTEE AMENDMENT 
• 
~ 
COMMITTEE AMENDMENT A" to S.P. 520, L.D. 1504 
3. 
History. 
The 
record 
or 
previous 
history 
of 
the 
defendant warrants a period of detention. 
The court is not reguired to impose a period of detention 
notwithstanding that there is a mandatory term of imprisonment 
applicable to a p~rson who has attained 18 years of age. 
Any period of detention must be served concurrently with any 
other 
period of 
detention previously 
imposed 
and 
not 
fully 
discharged or imposed on the Same date. 
Any period of detention 
is subject to Title 17 -A, section 1253, subsection 2 but not to 
Title 17-A, section 1253, subsection 3-B, 4,5,8,9 or 10. 
If 
the court suspends the period of detention 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 enacted by PL 2003, c. 410, §3, is 
amended to read: 
§S004. 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, uection 3103, subsection 1 may not 
be 
sentenced 
to 
imprisonmentT 
but 
may 
be 
committed 
to 
a 
Department of Corrections juvenile correctional facility for a 
period of detention 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 detention; or 
3. 
Histo~. 
The 
record 
or 
previous 
history 
of 
the 
defendant warrants a period of detention. 
The court is not reguired to impose a period of detention 
notwithstanding that there is a mandatory term of imprisonment 
applicable to a person who has attained 18 years of age. 
Any period of detention must be served concurrently with any 
other 
period of 
detention previously 
imposed 
and 
not fully 
COMMITTEE AMENDMENT 
ft;$ 
~ 
~ 
COMMITTEE AMENDMENT I~I to S.P. 520, L.D. 1504 
discharged or imposed on the same date. 
Any period of detention 
is subject to Title 17 -A, section 1253, subsection 2 but not to 
Title 17-A, section 1253, subsection 3-B, 4, 5, 8, 9 or 10. 
If 
the court suspends the period of detention 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 l7-A, 
chap .. t.er 
54-G, 
and revocation of the 
administrative release is gov8rned by the provisions of that 
chapter. 
Sec. 3. 12 MRSA §10608, as enacted by PL 2003, c. 655, Pt. B, 
§66 and affected by §422, is amended to read: 
§l0608. 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 this Part that is not defined as a juvenile crime 
under Title 15, section 3103, subsection 1 may not be sentenced 
to 
imprisonmentT 
but 
may 
be 
committed 
to 
a 
Department 
of 
Corrections 
juvenile 
correctional 
facility 
for 
a 
period 
of 
detention 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 detention; or 
3. 
History. 
The 
record 
or 
previous 
history 
of 
the 
defendant warrants a period of detention. 
The court is not required to impose a period of detention 
notwi thstanding that there is a mandatory term of imprisonment 
applicable to a person who has attained 18 years of age. 
Any period of detention must be served concurrently with any 
other 
period of 
detention previously 
imposed 
and 
not fully 
discharged or imposed on the same date. 
Any period of detention 
is subject to Title 17 -A, section 1253, subsection 2 but not to 
Title 17 -At section 1253, subsection 3 -B, 4, 5, 8, 9 or 10. 
If 
the court suspends the period of detention 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-At 
chapter 54-G, 
and revocation of the 
administrative release is governed by the provisions of that 
chapter. I 
COMMITTEE AMENDMENT 
f.,,~ 
~ 
I 
. 
~. 
~' 
COMMITTEE AMENDMENT ,,~, to S.P. 520, L.D. 1504 
Further amend the bill by striking out all of section 5 and 
inserting in its place the fOllowing: 
'Sec. 5. 15 MRSA §3103, sub-§I, 1fH, as enacted by PL 2003, c. 
410, §7, is amended 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 
~Fe9at~eB administrative 
release 
or willful 
failure to comply with the terms of any other resulting 
court order. 
Sec. 6. 15 MRSA §3201, sub-§l, as amended by PL 2003, c. 305, 
§4, is further amended to read: 
1. 
Warrantless 
arrests. 
Arrests 
without 
warrants 
of 
juveniles for juvenile crimes defined by section 3103, subsection 
1, paragraphs A, D, E, F aBQL G ~ 
by law enforcement officers 
or private persons sha** must be made pursuant to the provisions 
of Title 17-A, sections 15 and 16. For purposes of this section, 
a 
juvenile 
crime 
defined 
under 
section 
3103, 
subsection 
1, 
paragraph D ~T-sha*1-ge ~ deemed a Class D or Class E crime. 
A law enforcement officer or private person may not arrest a 
juvenile for a juvenile crime defined by section 3103. sUbsection 
I. paragraph B or C.' 
Further amend the bill by striking out all of section 11 
(page 5, lines 4 to 16 in L.D.) 
Further amend the bill by striking out all of section 15 
(page 6, lines 43 to 50 and page 7, lines 1 to 17 in L.D.) and 
inserting in its place the fOllowing: 
'Sec. 15. 29-A MRSA §115, as enacted by PL 2003, c. 410, §8, 
is amended to read: 
§115. 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 Title that is not defined as a 
juvenile crime under Title 15, section 3103, subsection 1 may not 
be 
sentenced 
to 
imprisonmentT 
but 
may 
be 
committed 
to 
a 
Department of Corrections juvenile correctional facility for a 
periOd of detention that may not exceed 30 days, which may be 
suspended in whole or in part. if the court determines that: 
COMMITTEE AMENDMENT 
!f.~ 
@Il;' ... 
ftl.t 
~~ 
,.) .. ~:f4:: 
COMMITTEE AMENDMENT ·A .. to S.P. 520, L.D. 1504 
1. 
Crime. 
The crime is one that, if committed by a 
~erson 
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 detention: or 
3. 
History. 
The 
record 
or 
previous 
history 
of 
the 
defendant warrants a period of detention. 
The court is not required to 
im~ose a 
~eriod of detention 
notwithstanding that there is a mandatory term of 
im~risonment 
applicable to a person who has attained 18 years of age. 
Any period of detention must be served concurrently with any 
other period of 
detention previously 
imposed 
and 
not 
fully 
discharged or imposed on the same date. 
Any period of detention 
is subject to Title 17 -A, section 1253, subsection 2 but not to 
Title 17 -A, section 1253, subsection 3 -B, 4, 5, 8, 9 or 10. 
If 
the court suspends the period of detention 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 .. 
Further amend the bill by inserting after section 16 the 
following: 
. Sec. 17. 34-A MRSA §3802, ~ub-§l, 1[E, as amended by PL 1999, 
c. 624, Pt. B, §23, is further amended to read: 
E. 
To confine juveniles ordered detained pursuant to Title 
15, section 3314, subsection 1, paragraph H; aBe 
Sec. 18. 34-A MRS A §3802, sub-§l, 1JF, as enacted by PL 1999, 
c. 624, Pt. B, §24, is amended to read: 
F. 
To confine juveniles ordered detained pursuant to Title 
15, section 3312, subsection 3, paragraph DT~ 
Sec. 19. 34-A MRSA §3802, sub-§l, ~G is enacted to read: 
G. 
To confine juveniles ordered detained pursuant to Title 
12, sections 6004, 8004 and 10608 and Title 29-A, section 
~. 
Further amend the bill by inserting after section 17 the 
following: 
COMMITTEE AMENDMENT 
}d 
~d 
". e 
'.:... ... ,. 
COMMITTEE AMENDMENT A .. to S.P. 520, L.D. 1504 
'Sec.18. 34-A MRSA §4102, as amended by PL 2003, c. 410, §18 
and c. 545, §6, is repealed. 
Sec. 19. 34-A MRSA §4102-A is enacted to read: 
§4102-A. 
Purposes: accomp1ishment of pu£Poses 
1. 
Statement. 
The purposes of the Mountain View Youth 
Development Center are: 
A. 
To detain juveniles pending a court proceeding; 
B. 
To 
administer 
court-ordered 
diagnostic 
evaluations 
pursuant to Title 15, 
section 
3309 A, 
and court ordered 
examinations pursuant to Title 15, section 3318; 
C. 
To 
rehabilitate 
juveniles 
committed 
to 
a 
juvenile 
correctional facility pursuant to Title 15, section 3314, 
subsection 1, paragraph F: 
D. 
To protect the public from dangerous juveniles; 
E. 
To confine juveniles ordered detained pursuant to Title 
15, section 3314, subsection 1, paragraph H; 
F. 
To confine juveniles ordered detained pursuant to Title 
15, section 3312, subsection 3, paragraph D; and 
G. 
To confine juveniles ordered detained pursuant to Title 
12, sections 6004, 8004 and 10608 and Title 2 9-A, section 
~ 
2. 
Accomp1ishlllent. 
To accomplish the purposes set out in 
subsection 1, the disciplines of education, casework, group work, 
psychology, 
psychiatry, 
medicine, 
nursing, 
vQcational training 
and 
religion 
as 
they 
are 
related 
to 
human 
relations 
and 
personality development must be employed. 
Security measures, 
whether in the fQrm Qf physically restrictive cQnstruction or 
intensive staff supervisiQn, when appropriate, may be taken to 
accomplish these purposes •• 
Further amend the 
nonconsecutive 
consecutively. 
Part 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
This 
amendment 
replaces 
provisions 
in 
the 
bill 
that 
COMMITTEE AMENDMENT 
.:r< 
.l> 
" 
'. 
COMMITTEE AMENDMENT .. A .. to S.P. 520, L.D. 1504 
specified that, for certain offenses under the Maine Revised 
Statutes, Titles 12 and 29-A, no version of imprisonment would be 
allowed for 
juveniles unless, 
after the juvenile becomes 
an 
adult, the person fails to comply with a court order that results 
from the conviction. 
Instead, the amendment allows juveniles who 
commit crimes under Title 12 and Title 29-A that are not defined 
as juvenile crimes to be sentenced to a period of detention not 
to exceed 30 days if the court determines that such detention is 
appropriate based on certain criteria, including the nature of 
the crime and the person's history. 
The amendment also makes 
technical changes to ensure that the statutory purposes of the 
Long Creek Youth Development Center and the Mountain View Youth 
Development Center are consistent. 
COMMITTEE AMENDMENT