Resolve, To Extend the Pilot Project at the Juvenile Correctional Facilities
Maine Legislature, Session 123, LD 2312
Senate Amendment SA_A_S660 (Senate)

SENATE AMENDMENT" A" to S.P. 923, L.D. 2312, "Resolve, To Extend the 
Pilot Project at the Juvenile Correctional Facilities" 
Amend the resolve by inserting before section 1 the following: 
'Sec. 1. Resolve 2005, c. 101, §4, repealed. Resolved: That Resolve 2005, c. 
101, §4 is repealed; and be it further 
Sec. 2. Resolve 2005, c. 101, §4-A, enacted. Resolved: That Resolve 2005, c. 
101, §4-A is enacted to read: 
Sec. 4-A. Mountain View Youth Development Center. Resolved: That, 
beginning on the effective date of this section, the commissioner shall within existing 
resources 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 Mountain View Youth Development 
Center who is chosen for participation in the pilot project in section I. 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 
Page J- 123LR3609(03)-1 
SENATE AMENDMENT 
r.~ 
'~ 
SENATE AMENDMENT" A 
.. to S.P. 923, L.D. 2312 
court's decisions to accept or reject those recommendations are not appealable; and be il; 
further 
; and be it further' 
Amend the resolve in section 1 in the 14th line (page 1, line 24 in L.D.) by striking 
out the following: "; and be it further" 
Amend the resolve by striking out all of section 2. 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment repeals from Resolve 2005, chapter 101 the language requiring that 
the chief advocate of the Department of Corrections select an advocate for the Mountain 
View Youth Development Center and instead re uires the Commissioner of Corrections 
to appoint a selection committee to recomm 
an appr priate guardian ad litem for each 
juvenile committed to t e 
ountain 
Ie Y th D 
e pment Center. This amendment 
also strikes the approp 
lO s nd 
SPONSORED BY:II--__ -+-_--L-______ _ 
(Senator ROT 
COUNTY: Androscoggin 
FISCAL NOTE REQUIRED 
(See attached), 
SENATE AMENDMENT 
Approved: 04115/08 ;tvac::.. 
LD 2312 
LR3609(03) 
Resolve, To Extend the Pilot Project at the Juvenile Correctional Facilities 
Fiscal Note for House Amendment ,A " 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Sponsor: Rep. Webster of Freeport 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
$0 
($49,429) 
$0 
($49,429) 
Projections 
2009-10 
($50,686) 
($50,686) 
Projections 
2010-11 
$0 
$0 
This amendment eliminates the part-time advocate position and strikes the appropriation to the Department of 
Corrections of $49,429 in fiscal year 2008-09 and $50,686 in fiscal year 2009-10. As amended, the additional costs 
regarding the use of guardian ad litem for each juvenile participating in the pilot program at the Mountain View Youth 
Development Center can be absorbed by the Department of Corrections and the Judicial Department utilizing existing 
budgeted resources. 
LR3609(03) - Fiscal Note - Page I of 1