An Act To Allow Blended Sentencing for Certain Juveniles
Maine Legislature, Session 123, LD 1897
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND, FLOOD, GOOLEY, HOBBINS, MARTIN, MILLS, NASS, NUTTING, SMITH, RAND, SAVIELLO
Amends: 17-A MRSA §1259, 34-A MRSA §3802, 34-A MRSA §4102-A

Legislative Document 
No. 1897 
S.P.691 
May 8, 2007 
An Act To Allow Blended Sentencing for Certain Juveniles 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator DIAMOND of Cumberland. (GOVERNOR'S BILL) 
Cosponsored by Representative FLOOD of Winthrop and Senators: GOOLEY of Franklin, 
HOBBINS of York, MARTIN of Aroostook, MILLS of Somerset, NASS of York, NUTTING 
of Androscoggin, SMITH of Piscataquis, Representatives: RAND of Portland, SAVIELLO of 
Wilton. 
Printed OIl recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1259 is enacted to read: 
§1259. Commitments to the Department of Corrections of bound-over juveniles 
who have not attained 16 years of age at the time of sentence imposition 
A juvenile who has been bound over, pursuant to Title 15, section 3101, subsection 4, 
for a juvenile crime for which the juvenile had the burden of proof with respect to the 
finding of appropriateness, who is subsequently, as to the juvenile crime's adult 
counterpart, convicted and sentenced to a sentence alternative involving imprisonment 
and who has not attained 16 years of age at the time of sentence imposition must be 
committed to a Department of Corrections juvenile correctional facility for an 
indeterminate period not to extend beyond the juvenile'S 18th birthday to serve the term 
of imprisonment or any unsuspended portion until discharge from the juvenile 
correctional facility and once discharged must be transferred to a Department of 
Corrections adult correctional facility to serve out the remainder of the imprisonment 
term or unsuspended portion, if any. 
Sec. 2. 34-A MRSA §3802, sub-§l, ~F, as amended by PL 2005, c. 328, §18, is 
further amended to read: 
F. 
To confine juveniles ordered detained pursuant to Title 15, section 3312, 
subsection 3, paragraph D; aati 
Sec. 3. 34-A MRSA §3802, sub-§l, ~G, as amended by PL 2005, c. 507, §21, is 
further amended to read: 
G. To confine juveniles ordered confined pursuant to Title 12, sections 6004, 8004 
and 10608 and Title 29-A, section 115~; and 
Sec. 4. 34-A MRS A §3802, sub-§l, ~H is enacted to read: 
H. To confine juveniles committed to a juvenile correctional facility pursuant to Title 
17-A, section 1259. 
Sec. 5. 34-A MRS A §4102-A, sub-§l, ~F, as enacted by PL 2005, c. 328, §22, 
is amended to read: 
F. 
To confine juveniles ordered detained pursuant to Title 15, section 3312, 
subsection 3, paragraph D; aati 
Sec. 6. 34-A MRSA §4102-A, sub-§l, ~G, as amended by PL 2005, c. 507, §25, 
is further amended to read: 
G. To confine juveniles ordered confined pursuant to Title 12, sections 6004, 8004 
and 10608 and Title 29-A, section 115~; and 
Sec. 7. 34-A MRSA §4102-A, sub-§l, ~H is enacted to read: 
Page I - 123LR2634(Ol)-1 
H. To confine juveniles committed to a juvenile correctional facility pursuant to Title 
17-A, section 1259. 
SUMMARY 
This bill requires blended sentencing for a juvenile bound over and convicted as an 
adult and sentenced to imprisonment if the juvenile has not attained 16 years of age at the 
time of sentencing and if the offense for which the juvenile was convicted is listed in the 
Maine Revised Statutes, Title 15, section 3101, subsection 4, paragraph C-2 as one for 
which the juvenile had the burden of proving bind-over was not appropriate. Blended 
sentencing affects only the place where imprisonment is served and means that the term 
of imprisonment, or, in the case of a split sentence, the unsuspended portion, imposed by 
the court must first be served in a Department of Corrections juvenile facility until the 
juvenile reaches 18 years of age or is sooner discharged from the facility and any 
imprisonment time remaining must then be served in a Department of Corrections adult 
facility.