An Act To Amend the Statutes Relating to Juveniles
Maine Legislature, Session 122, LD 1504
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, SYKES, CLUKEY, BLANCHETTE, CHURCHILL, GERZOFSKY
Amends: 12 MRSA §6004, 12 MRSA §8004, 15 MRSA §3003, 15 MRSA §3201, 15 MRSA §3202, 15 MRSA §3203-A, 15 MRSA §3206, 15 MRSA §3314, 17-A MRSA §254-A, 29-A MRSA §115, 34-A MRSA §1209, 34-A MRSA §3809-A, 34-A MRSA §4108, 34-A MRSA §5402

Legislative Document 
No. 1504 
S.P.520 
In Senate, March 29, 2005 
An Act To Amend the Statutes Relating to Juveniles 
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 DIAMOND of Cumberland. 
Cosponsored by Representative SYKES of Harrison and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: CLUKEY of Aroostook, Representatives: BLANCHETTE of Bangor, CHURCHILL 
of Washburn, GERZOFSKY of Brunswick. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6004, as enacted by PL 2003, c. 410, §1, is 
amended to read: 
§6004. 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 a 
term of imprisonment ... , 
a split sentence of 
imprisonment or a suspended term of imprisonment, except that, 
once the person has attained 18 years of age, that person may be 
sentenced 
to 
a 
term 
of 
imprisonment, 
a 
split 
sentence 
of 
imprisonment 
or 
a 
suspended 
term 
of 
imprisonment 
for 
the 
following reasons: 
1. 
Failure to pay fine. 
A willful refusal to pay a fine 
resulting from the conviction; 
2. 
Violation of probation. 
A willful violation of the 
terms of probation resulting from the conviction; or 
3. 
Failure to comply with other terms. 
A willful failure 
to comply with the terms of any other court order issued as a 
result of the conviction. 
Sec. 2. 12 MRSA §8004, as enacted by PL 2003, c. 410, §3, is 
amended to read: 
§a004. 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 a 
term of imprisonment ... , 
a split sentence of 
imprisonment or a suspended term of imprisonment; except that, 
once the person has attained 18 years of age, that person may be 
sentenced 
to 
a 
term 
of 
imprisonment, 
a 
split 
sentence 
of 
imprisonment 
or 
a 
suspended 
term 
of 
imprisonment 
for 
the 
following reasons: 
1. 
Failure to pay fine. 
A willful refusal to pay a fine 
resulting from the conviction; 
2. 
Violation of probation. 
A willful violation of the 
terms of probation resulting from the conviction; Or 
Page l-LR0363(1) 
3. 
Failure to comply with other terms. 
A willful failure 
to comply with the terms of any other court order issued as a 
result of the conviction. 
Sec. 3. 12 MRS A §10608, as enacted by PL 2003, c. 655, Pt. B, 
§66 and affected by §422, is amended to read: 
§l0608. Juvenile violations 
Notwithstanding 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 a term of imprisonmentT' a split sentence of imprisonment or a 
suspended term of imprisonment, except that, once the person has 
attained 18 years of age, that person may be sentenced to a term 
of imprisonment, a split sentence of imprisonment or a suspended 
term of imprisonment for the following reasons: 
1. 
Failure to pay fine. 
A willful refusal to pay a fine 
resulting from the conviction; 
2. 
Violation of probation. 
A willful violation of the 
terms of probation resulting from the conviction; or 
3. 
Failure to comply with other terms. 
A willful failure 
to comply with the terms of any other court order issued as a 
result of the conviction. 
Sec. 4. 15 MRSA §3003, sub-§2-A, as amended by PL 1987, c. 
698, §1, is further amended to read: 
2-A. 
Attendant; attendant care. 
"Attendant" means an agent 
of a county sheriff or of the Department of Corrections who is 
authorized to provide temporary supervision of a juvenile alleged 
to have committed a juvenile crime or of a juvenile adjudicated 
as 
having 
committed 
a 
juvenile 
crime 
when 
supervision 
is 
appropriate as an interim measure pending the completion of a 
procedure 
authorized by 
law 
to 
be 
taken in 
regard to 
such 
juvenile. 
Supervision SSo** must be exercised during that period 
beginning with receipt of the 
juvenile by the attendant and 
ending upon the release of the juvenile to sis the juvenile's 
legal custodian or other responsible adult. 
This supervision 
constitutes "attendant care." 
Attendant care may not be ordered 
by the juvenile court except with the consent of the county 
sheriff or the Department of Corrections. 
Sec. 5. 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, FaBeL G and H by law enforcement officers 
or private persons sball 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~, sball-se ~ deemed a Class D or Class E crime. 
Sec. 6. 15 MRSA §3201, sub-§3, as amended by PL 1995, c. 470, 
§6, is further amended to read: 
3. 
Enforcement of other juvenile crimes. 
A law enforcement 
officer who has probable cause to believe that a juvenile crime, 
as defined by section 3103, subsection 1, paragraph B or C has 
been committed may request that the juvenile provide the officer 
with reasonably credible evidence of the juvenile's name, address 
and 
a~e date 
of 
birth. 
The 
evidence 
may 
consist 
of 
oral 
representations by the juvenile. If the juvenile furnishes the 
officer with evidence of the juvenile's name, 
address and 
a~e 
date of birth and the evidence does not appear to be reasonably 
credible, the officer shall attempt to verify the evidence as 
quickly 
as 
is 
reasonably 
possible. 
During 
the 
period 
the 
verification is being attempted, 
the officer may 
require the 
juvenile to remain present for a period not to exceed 2 hours. 
The officer may not arrest the juvenile for the juvenile crime 
defined by section 3103, subsection 1, paragraph B or C. 
After 
informing 
the 
juvenile 
of 
the 
provisions 
of 
this 
subsection, 
the officer may arrest the juvenile for a--erime 
eefiBee-~~~~~-6196T-~~~-~r-pa~a~~apb-~~r-b conduct 
that. if committed by an adult, would be considered criminal as 
described in Title 17-A, section 17, subsection 2 if the juvenile 
intentionally refuses to furnish any evidence of the juvenile's 
correct name, address 
aBe--~e or date of birth, or if, after 
attempting 
to 
verify the 
evidence 
as 
provided 
for 
in this 
subsection, the officer has probable cause to believe that the 
juvenile has intentionally failed to provide reasonably credible 
evidence of the juvenile's name, address aBe-a~e or date of birth. 
Sec. 7. 15 MRSA §3202, as amended by PL 2001, c. 4, §l, is 
further amended to read: 
§3202. Arrest warrants for juveniles 
An arrest warrant for 
a 
juvenile must be issued in the 
manner 
provided 
by 
Rule 
of 
the 
Maine 
Rules 
of 
Criminal 
Procedure, except that affidavits alone must be presented and a 
petition is not necessary. 
Following arrest, the juvenile is 
subject to the procedures specified in seet=i9B sections 3203-A 
and 3301. 
Sec. 8. 15 MRSA §3203-A, sub-§4, F is enacted to read: 
F. 
Conditional release or detention may not be ordered for 
a juvenile for conduct described in section 3103, subsection 
1, paragraph B or C. 
Sec. 9. 15 MRSA §3203-A, sub-§4-A, as enacted by PL 2003, c. 
180, §3, is amended to read: 
4-A. 
Probable cause determination. 
Except in a bona fide 
emergency or other extraordinary circumstance, when a juvenile 
arrested without a warrant for a juvenile crime or a violation of 
conditional release is not released from custody or does not 
receive 
a 
detention 
hearing 
within 
hours 
after 
arrest, 
including Saturdays, Sundays and legal holidays, a Juvenile Court 
Judge or justice of the peace shall determine, within that time 
period, 
whether there is probable cause to believe that the 
juvenile has committed a juvenile crime unless it has already 
been determined by a Juvenile Court Judge or justice of the peace 
that there is probable cause to believe that the juvenile has 
committed a juvenile crime. 
Evidence presented to establish such 
probable cause may include affidavits and other reliable hearsay 
evidence as permitted by the Juvenile Court Judge or justice of 
the peace. 
If the evidence does not establish such probable 
cause, the Juvenile Court Judge or justice of the peace shall 
order the juvenile's discharge from detention. 
Sec. 10. 15 MRSA §3203-A. sub-§7, 1[B-5. as enacted by PL 1999, 
c. 624, Pt. A, §5, is amended to read: 
B-5. 
If the 
juvenile community corrections officer who 
ordered the detention or the attorney for the State who 
ordered the detention determines there is 
no 
reasonable 
alternative, a juvenile may be detained in a jailor other 
secure detention facility intended or primarily used for the 
detention 
of 
adults 
for 
up 
to 
hours, 
excluding 
Saturday, Sunday and legal holidays if: 
(1) 
The facility meets the requirements of paragraph A; 
(2) 
The 
facility 
is 
not 
located 
in 
a 
standard 
metropolitan statistical area and meets the statutory 
criteria contained in the federal Juvenile Justice and 
Delinquency Prevention Act of 1974, 
United States 
Code, Section 5601; and 
(3) 
The juvenile is detained only to await a detention 
hearing 
pursuant 
to 
subsection 
or 
section 
3314, 
subsection 
2, 
transfer 
to 
an 
appropriate 
juvenile 
facility, or transport to another jurisdiction. 
Sec. 11. 15 MRSA §3206, as enacted by PL 2003, c. 180, §7, is 
amended to read: 
§3206. Detention of juveniles charged as adults 
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 may not be detained QB*ess-a-~~veRi*e 
e9ffiffiQBiEy-~~~~~-9~~ieer-~-BeeR-~~~-~-wiERiR-~-ReQr6 
afEer-~he-~~£~~£-~~~~~~~veG-~ae-ae~eBEieR for that 
crime. 
SeeEieB--~~~~--~~--~r--~a£a~£a~R£--~-~aG--g 
~everRiR~-~Re-~a€i~i~ie£-i£-~~~-~~~~~-ae~aiBea-aFF~Y 
E9-aRy-aeEeBEi9B-9~-SQeR-a-jQVeBi*e-~e**9wiB~-arresET 
Sec. 12. 15 MRSA §3314, sub-§I, ~H, as amended by PL 
2003, c. 
503, §1, 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 
facility, 
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 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 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 3-B, 
4, 
9rL 8, 
or 10. 
For purposes of 
calculating the commencement of the period of detention, 
credit is accorded only for the portion of the first day for 
which the juveniJ.e is actually detained; 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 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 Be reasonable efforts are 
.IlQ.t. 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 commitment for a 
period of detention. 
Sec. 13. 15 MRSA §3314, sub-§3-B is enacted to read: 
3-8. 
Operator's license suspension for drug trafficking. 
If a juvenile uses a motor vehicle to facilitate the trafficking 
of 
a 
scheduled drug, 
the 
court 
may, 
in addition 
to 
other 
authorized penalties, suspend the juvenile's operator's license, 
permit. privilege to operate a motor vehicle or right to apply 
for or obtain a license for a period not to exceed one year. 
A 
suspension may not begin until after any period of incarceration 
is 
served. 
If 
the 
court 
suspends 
a 
juvenile's 
operator's 
license, permit, privilege to operate a motor vehicle or right to 
apply 
for 
or 
obtain 
a 
license, 
the 
court shall notify the 
Secretary of State of the suspension and the court shall take 
physical 
custody 
of 
the 
juvenile's operator's 
license. 
The 
Secretary of State may not reinstate the juvenile's operator's 
license, permit. privilege to operate motor vehicle or right to 
apply for or obtain a license unless the juvenile demonstrates 
that after having been released and discharged from any period of 
incarceration that may have been ordered, the juvenile has served 
the period of suspension ordered by the court. 
Sec. 14. 17-A MRSA §254-A, as enacted by PL 1995, c. 308, 
§l, is amended to read: 
§254-A. 
Written notification not to pursue charges 
for sexual abuse of a minor 
A prosecutor 
who 
elects not to 
commence 
a 
~~yeBi±e--e~ 
criminal proceeding 
for 
an alleged violation of 
section 
shall, at the request of a parent, surrogate parent or guardian 
of the alleged victim, 
inform that person in writing of the 
reason for not commencing the proceeding. 
Sec. 15. 29-A MRSA §115, as enacted by PL 2003, c. 410, §8, 
is amended to read: 
§115. Juvenile violations 
Notwithstanding other provlslons 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 a 
term of imprisonment ... , 
a split sentence of 
imprisonment or a suspended term of imprisonment, except that, 
once the person has attained 18 years of age, that person may be 
sentenced 
to 
a 
term 
of 
imprisonment, 
a 
split 
sentence 
of 
imprisonment 
or 
a 
suspended 
term 
of 
imprisonment 
for 
the 
following reasons: 
1. 
Failure to pay fine. 
A willful refusal to pay a fine 
resulting from the conviction; 
2. 
Violation of probation. 
A willful violation of the 
terms of probation resulting from the conviction; or 
3. 
Failure to comply with other terms. 
A willful failure 
to comply with the terms of any other court order issued as a 
result of the conviction. 
Sec. 16. 34-A MRSA §1209, sub-§3, V, as enacted by PL 1983, 
c. 581, §§10 and 59, is repealed. 
Sec. 17. 34-A MRSA §3809-A. sub-§3. as amended by PL 2003, c. 
706, Pt. A, §11, is further amended to read: 
3. 
Psychiatric hospitalization. 
The commissioner has all 
the power over a 
juvenile client or juvenile detainee that a 
guardian has over a ward and that a parent has over a child with 
regard 
to 
necessary 
psychiatric 
hospitalization, 
including 
hospitalization 
in 
a 
nonstate 
mental 
health 
institution 
or 
hospital for the mentally ill. 
If a juvenile client or juvenile 
detainee 
is 
or 
becomes 
years 
of 
age 
while still under 
commitment or while still detained, the statutory guardianship of 
the commissioner over the juvenile client or juvenile detainee 
terminates, but the juvenile client or juvenile detainee remains 
subject to the control of the commissioner and staff and rules of 
the facility until the expiration of the period of commitment or 
until release or discharge from the facility. 
Nothing in this 
subsection may be construed to override the requirement to make 
application for psychiatric hospitalization in accordance with 
Title 34-B, section 3863, unless hospitalization is made with the 
juvenile client's or juvenile detainee's consent in accordance 
with Title 34-B, 
section 3831. 
If placement in 
a 
licensed 
residential care facility providing a 
mental health treatment 
program 
is 
an 
appropriate 
alternative 
to 
psychiatric 
hospitalization, that placement may be made by the commissioner 
with the juvenile client's or juvenile detainee's consent. 
Sec. 18. 34-A MRSA §4108, sub-§2, 11H, as enacted by PL 199L 
c. 400, is amended to read: 
H. 
A juvenile held under observation must be under eeR6~aR~ 
sight and sound supervision by facility staff, which must be 
constant if necessary 
to 
prevent 
imminent 
harm 
to 
the 
juvenile. 
Sec. 19. 34-A MRS A §4111, sub-§3, as amended by PL 2003, c. 
706, Pt. A, §13, is further amended to read: 
3. 
Psychiatric hospitalization. 
The commissioner has all 
the power over a juvenile client or juvenile detainee that a 
guardian has over a ward and that a parent has over a child with 
regard 
to 
necessary 
psychiatric 
hospitalization, 
including 
hospitalization 
in 
a 
nons tate 
mental 
health 
institution 
or 
hospital for the mentally ill. 
If a juvenile client or juvenile 
detainee 
is 
or 
becomes 
years 
of 
age 
while still under 
commitment or while still detained, the statutory guardianship of 
the commissioner over the juvenile client or juvenile detainee 
terminates, but the juvenile client or juvenile detainee remains 
subject to the control of the commissioner and staff and rules of 
the facility until the expiration of the period of commitment or 
until release or discharge from the facility. 
Nothing in this 
subsection may be construed to override the requirement to make 
application for psychiatric hospitalization in accordance with 
Title 34-8, section 3863, unless hospitalization is made with the 
juvenile client's or juvenile detainee's consent in accordance 
with Title 
34-8, 
section 3831. 
If placement in 
a 
licensed 
residential care facility providing a mental health treatment 
program 
is 
an 
appropriate 
alternative 
to 
psychiatric 
hospitalization, that placement may be made by the commissioner 
with the juvenile client's or juvenile detainee's consent. 
Sec. 20. 34-A MRSA §5402, sub-§2, ,H, as enacted by PL 1983, 
c. 459, §6, is amended to read: 
H. 
Issue warrants for the arrest of parole violators and 
juveniles who violate conditions of placement on community 
reintegration status pursuant to sections 3810 and 4112; 
SUMMARY 
This bill repeals a reference to an outdated Executive Order 
relating to 
the membership of 
the Juvenile Justice Advisory 
Group. 
It also makes consistent the observation provisions for 
the 
Department 
of 
Corrections' 
juvenile 
facilities. 
It 
eliminates 
the 
authority to 
conditionally release 
or 
detain 
juveniles for juvenile crimes for which the present law does not 
allow incarceration, such as possession of marijuana. 
The bill allows the Commissioner of Corrections to issue 
arrest warrants for juveniles who violate provisions of community 
reintegration. 
It also allows placement of a juvenile, with the 
juvenile's 
consent, 
in 
a 
licensed residential 
care 
facility 
providing a mental health treatment program as an alternative to 
psychiatric hospitalization. 
The bill adds a provision to eliminate duplicative probable 
cause determinations. 
It clarifies that attendant care may not 
be ordered without the consent of the sheriff or the Department 
of Corrections, as it is these agencies that have to contract and 
pay for attendant care. 
The bill eliminates a reference to juvenile proceedings in 
connection with sexual abuse of a minor since this is a crime 
that, by definition, 
a juvenile cannot commit. 
It changes the 
length of detention allowed in a rural jail from 24 to 48 hours 
to match new federal 
law. 
This bill clarifies how so-called 
"shock sentences" are to be calculated. 
The 
bill 
adds 
a 
cross-reference 
that 
was 
inadvertently 
omitted when the new juvenile crime of failure to comply with a 
court order resulting from a conviction for an adult crime under 
the Maine Revised Statues, Title 12 or 29-A was created. 
The bill makes it clear that juveniles may not be arrested 
for juvenile crimes for which the present law does not allow 
incarceration, such as possession of marijuana, but that they may 
be arrested for the juvenile crime that is equivalent to the 
adult crime found in Title l7-A, section 17, subsection 2 and it 
makes minor changes to the wording of the juvenile provision to 
make it fully consistent with the wording of the adult provision. 
This bill amends the provision for arrests with warrants to 
make it clear that the detention provisions in the Juvenile Code 
apply, just as they do for arrests without warrants. 
The bill adds a provision similar to the adult provision for 
suspension of an operator's license for using a motor vehicle for 
drug trafficking. 
Finally, the bill clarifies the law relating to juveniles 
who commit adult crimes under Titles 12 and 29-A. 
It makes clear 
that no version of imprisonment is allowed unless, after the 
juvenile becomes an adult, the person fails to comply with a 
court order that results from the conviction. 
It also eliminates 
juvenile detention for these crimes since imprisonment is not 
allowed as a sentence for a juvenile.