An Act to Amend the Maine Criminal Code and Various Provisions Related to Juveniles
Maine Legislature, Session 122, LD 1771
Committee Amendment CA_A_S472 (Senate)
Amends: 15 MRSA §1004, 15 MRSA §320

COMMITTEE AMENDMENT "A" to S.P. 688, L.D. 1771, 
To 
Amend the Maine Criminal Code 
and Various 
Bill, "'.n 
Provisions 
Related to Juveniles" 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 15 MRSA §1004, as amended by PL 2003, c. 711, Pt. A, 
§3, is further amended to read: 
§l004. 
Applicability and exclusions 
This chapter applies to the setting of bail for a defendant 
in a criminal proceeding, including the setting of bail for an 
alleged contemnor in a plenary contempt proceeding involving a 
punitive sanction under the Maine Rules of Criminal Procedure, 
Rule 42 or the Maine Rules of Civil Procedure, Rule 66. 
It does 
not apply to the setting of bail in extradition proceedings under 
sections 201 to 229 or post-conviction review proceedings under 
sections 2121 to 2132, 
probation revocation proceedings under 
Title 17-A, sections 1205 to 1207, supervised release revocation 
proceedings under Title 17-A, 
section 1233 
or administrative 
release revocation proceedings under Title 17-A, sections 1349 to 
1349-F, except to the extent and under the conditions stated ~n 
those sections. 
This chapter applies to the setting of bail for 
an alleged contemnor in a summary contempt proceeding involving a 
punitive sanction under the Maine Rules of Criminal Procedure, 
Rule 42 or the Maine Rules of Civil Procedure, Rule 66 and to the 
setting of bail relative to a material witness only as specified 
Page l-LR3016(2) 
COMMITTEE AMENDMENT 
.. :~;~ 
COMMITTEE AMENDMENT ,A" to S.P. 688, L.n. 1771 
in sections 1103 and 1104, respectively. 
apply to a per§on under 18 year§ of age 
This chapter does not 
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.' 
Further amend the bill by inserting after section 4 the 
following: 
'Sec. S. 15 MRSA §320S, sub-§l, as amended by PL 1999, c. 624, 
Pt. A, §6, is further amended to read: 
1. 
Generally. 
A juvenile may 
not be 
committed to or 
detained or confined in a jailor other secure detention facility 
intended or primarily used for the detention of adults, except 
when bound over as an adult or as provided in section 3203-A, 
subsection 1, paragraph B-1 or section 3203-A, subsection 7. 
A 
juvenile who is detained in a jailor other secure detention 
facility intended or primarily used for the detention of adults 
may be detained only in a section of a facility that meets t;·e 
requirements of section 3203-A, subsection 7, paragraph A, unless 
bound over as an adult and held in an adult section of a facility 
pursuant to court order.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumber ing any 
number 
to 
read 
This amendment is the majority report of the Joint Standing 
Committee on Criminal Justice and Public Safety. 
This amendment adds the term "confined" in a provision that 
was inadvertently omitted from the bill. 
The amendment also adds 
language to the Maine Bail Code that is consistent with the 
change proposed by the bill to the Maine Juvenile Code, making it 
clear that the bail process is not available for a 
juvenile 
charged with an adult crime under the Maine Revised Statutes, 
Title 12 or 29-A. 
FISCAL ;\'OTE REQLlRED 
(~ee attached) 
COMMITTEE AMENDMENT 
Approved: 02/27 106 ~ac:.. 
LD 1771 
LR3016(02) 
An Act to Amend the Maine Criminal Code and Various Provisions Related to Juveniles 
Fiscal Note for Bill as Amended by Committee Amendment ';ll" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR30 16(2) - Fiscal Note - Page 1 of 1