An Act To Improve Juvenile Justice
Maine Legislature, Session 123, LD 0363
Committee Amendment CA_A_H186 (House)
Amends: 15 MRSA §3301, 15 MRSA §3307, 15 MRSA §3314, 15 MRSA §3314-B, 34-A MRSA §3802, 34-A MRSA §4102-A

COMMITTEE AMENDMENT '/1 " 
to H.P. 293, L.D. 363, Bill, "An Act To 
Improve Juvenile Justice" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 15 MRS A §3205, sub-§2, as amended by PL 2005, c. 507, §7, is further 
amended to read: 
2. Exception. Subsection 1 applies to any person who is considered a juvenile by 
virtue of section 3101, subsection 2, paragraph D except that if the person has attained 18 
years of age, any detention pursuant to section 3203-A and any confinement pursuant to 
section 3314, subsection I, paragraph H or section 3314, subsection 7 may be, upon the 
order of a court, in an adult section of a jailor other secure detention facility intended or 
primarily used for the detention of adults and may extend beyond the time limits set out 
in section 3203-A and, except that if the person has attained 21 years of age, any 
detention pursuant to section 3203-A and any confinement pursuant to section 3314, 
subsection 1, paragraph H or section 3314, subsection 7 must be in an adult section of a 
jailor other secure detention facility intended or primarily used for the detention of adults 
and may extend beyond the time limits set out in section 3203-A. 
Sec. 2. 15 MRSA §3301, sub-§6, as amended by PL 2003, c. 305, §5, is further 
amended to read: 
6. Review by attorney for the State. If the juvenile community corrections officer 
decides not to request the attorney for the State to file a petition, the juvenile community 
corrections officer shall inform the attorney for the State, the complainant, the law 
enforcement officer and the victim of the decision and of the reasons for the decision as 
soon as practicable. 
The juvenile community corrections officer shall advise the 
complainant, the law enforcement officer and the victim that they may submit their 
complaint to the attorney for the State for review. 
If the juvenile community corrections officer makes a determination pursuant to 
subsection 5, paragraph A or B and decides not to request the attorney for the State to file 
COMMITTEE AMENDMENT 
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I 
II 
I3 
COMMITTEE AMENDMENT ,~ .. to H.P. 293, L.D. 363 
a petition for a violation of Title 22, section 2389, subsection 2 or Title 28-A, section 
2052, the juvenile community corrections officer shall inform the Secretary of State of 
the violation. The Secretary of State shall suspend for a period of 30 days that juvenile's 
license or permit to operate, right to operate a motor vehicle and right to apply for and 
obtain a license. 
The attorney for the State on that attorney's own motion or upon receiving a request for 
review by the law enforcement officer, the complainant or the victim, shall consider the 
facts of the case, consult with the juvenile community corrections officer who made the 
initial decision and then make a final decision as to whether to file the petition. 
Notwithstaading any action or inactiofl by the juvenile community correctiofls officer, 
The attorney for the State shall notify the juvenile community corrections officer of the 
final decision within 30 days of being informed by the juvenile community corrections 
officer of the initial decision. If a juvenile community corrections officer has not yet 
made an initial decision, the attorney for the State may file a petition at any time more 
than 30 days after the juvenile community corrections officer has been given notice 
pursuant to section 3203-A.' 
Amend the bill by striking out everything after section 1 and before the summary and 
inserting the following: 
'Sec. 4. 15 MRSA §3307, sub-§2, ~A, as amended by PL 2003, c. 180, §8, is 
further amended to read: 
A. 
Once a petition is filed, the general public may not be excluded from aflJ' ~ 
proceeding on ajuvenile crime that would constitute murder or a Class A, Class B or 
Class C crime if the juvenile involved were an adult; from any ~ proceeding on a 
juvenile crime that would constitute a Class D crime if the juvenile involved were an 
adult and it is the 2f1d or subsequent the juvenile has previously been adjudicated of 
committing a juvenile crime that would constitute a Class D or higher class crime fer 
that juvenile not arising from the same underlying transaction; or from aflJ' ~ 
subsequent dispositional hearings hearing in such cases. 
Sec.5. 15 MRSA §3314, sub-§7 is enacted to read: 
7. Enforcement of a dispositional order or order to appear. After notice and 
hearing and in accordance with the Maine Rules of Civil Procedure, Rule 66, the court 
may exercise its inherent contempt power by way of a plenary contempt proceeding 
involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, to 
enforce the disposition ordered following an adjudication for a juvenile crime or to 
enforce any order requiring the appearance of a juvenile before the court. 
Any 
confinement imposed as a punitive or remedial sanction upon a person who has not 
attained 18 years of age may not exceed 30 days and must be served in a facility 
approved or operated by the Department of Corrections exclusively for juveniles. To 
enforce the disposition ordered following an adjudication for a juvenile crime defined in 
section 3103, subsection I, paragraph B or C upon a person who has not attained 18 years 
of age, the court shall, at the time of the disposition, provide written notice to the juvenile 
of the court's authority to enforce the dispositional order through an exercise of its 
inherent contempt power and that a contempt order could include an order of confinement 
for up to 30 days as a punitive sanction and for up to 30 days as a remedial sanction. 
COMMITTEE AMENDMENT 
.,. 
... 
COMMITTEE AMENDMENT 'A" to H.P. 293, L.D. 363 
Nothing in this subsection affects the court's ability to exercise its contempt powers for 
persons who have attained 18 years of age. 
Sec. 6. 15 MRSA §3314-B, sub-§3, as enacted by PL 2003, c. 142, §2 and 
affected by §3, is amended to read: 
3. Enforcement. After notice and hearing and in accordance with the Maine Rules 
of CrimiHal Civil Procedure, Rule ~ 
66, the court may invoke its contempt powers to 
enforce its counseling, treatment, education, case management or other order that applies 
to the juvenile, the juvenile's parent, guardian or legal custodian or any other person 
before the court who is subject to an order to participate in counseling, treatment, 
education or case management. If the court invokes its contempt powers against the 
juvenile, section 3314, subsection 7 applies. 
Sec. 7. 34-A MRSA §3802, sub-§I, as amended by PL 2005, c. 507, §§20 and 
21, is further amended to read: 
1. Statement. The purposes of the Long Creek 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 IS, section 3314, subsection I, paragraph F; 
D. 
To protect the public from dangerous juveniles; 
E. 
To confine juveniles ordered confined pursuant to Title 15, section 3314, 
subsection 1, paragraph H; 
F. 
To confine juveniles ordered detained pursuant to Title 15, section 33 12, 
subsection 3, paragraph D; aRd 
G. 
To confine juveniles ordered confined pursuant to Title 12, sections 6004, 8004 
and 10608 and Title 29-A, section 115~; and 
H. 
To confine juveniles ordered confined pursuant to Title IS, section 3314, 
subsection 7. 
Sec. 8. 34-A MRSA §4102-A, sub-§I, as amended by PL 2005, c. 507, §§24 and 
25, is further amended to read: 
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 IS, 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 I, paragraph F; 
D. 
To protect the public from dangerous juveniles; 
COMMITTEE AMENDMENT 
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~ 
COMMITTEE AMENDMENT ,,{t, to H.P. 293, L.D. 363 
E. 
To confine juveniles ordered confined 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; aad 
G. 
To confine juveniles ordered confined pursuant to Title 12, sections 6004, 8004 
and 10608 and Title 29-A, section 115-:; and 
H. 
To confine juveniles ordered confined pursuant to Title 15, section 3314, 
subsection 7.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment does the following. 
1. It adds a new section that amends the Maine Revised Statutes, Title 15, section 
3301, subsection 6 by adding the "attorney for the State" to those a juvenile community 
corrections officer must notify if the officer decides not to request the attorney for the 
State to file a petition. The change also amends that section to add a requirement that the 
attorney for the State make a final determination as to whether to file a juvenile petition 
within 30 days of being notified of the juvenile community corrections officer's decision 
not to request that a petition be filed. 
2. It amends Title 15, section 3307, subsection 2 by opening to the public ajuvenile 
proceeding in which a petition has been filed for a juvenile crime that would constitute a 
Class D crime if the juvenile involved were an adult only when the juvenile has 
previously been adjudicated of committing a juvenile crime that would constitute a Class 
D or higher class crime. 
3. It replaces that section of the bill that enacts Title 15, section 3314, subsection 7 to 
clarify the juvenile court's inherent contempt power as a court of record to enforce either 
a disposition ordered following an adjudication for a juvenile crime or to enforce any 
order requiring the appearance of a juvenile before the court. The amendment specifies 
that after notice and hearing and in accordance with the Maine Rules of Civil Procedure, 
Rule 66 the court may exercise its inherent contempt power by way of a plenary contempt 
proceeding involving punitive sanctions, accompanied or unaccompanied by remedial 
sanctions, to enforce the disposition ordered following an adjudication for a juvenile 
crime or to enforce any order requiring the appearance of a juvenile before the court. 
Any confinement imposed as a punitive or remedial sanction upon a person who has not 
attained 18 years of age may not exceed 30 days and must be served in a facility 
approved or operated by the Department of Corrections exclusively for juveniles. To 
enforce the disposition ordered following an adjudication for a juvenile crime upon a 
person who has not attained 18 years of age, the court shall, at the time of the disposition, 
provide written notice to the juvenile of the court's authority to enforce the dispositional 
order through an exercise of its inherent contempt power and that a contempt order could 
include an order of confinement for up to 30 days as a punitive sanction and for up to 30 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,/1 " 
to H.P. 293, L.D. 363 
days as a remedial sanction. Nothing in this subsection affects the court's ability to 
exercise its contempt powers for persons who have attained 18 years of age. 
4. It specifies that a person who has turned 18 years of age and is subject to the 
court's contempt powers that include a sanction of confinement under Title 15, section 
3314, subsection 7 may be sentenced to serve that term of confinement in an adult section 
of a jailor other secure detention facility intended or primarily used for the detention of 
adults. 
5. It strikes those sections of the bill that allow the court to suspend licenses or 
permits to operate for up to 6 months for juveniles adjudicated of illegal possession or 
consumption of liquor. 
6. 
It adds a new section that adds a cross-reference to Title 15, section 3314, 
subsection 7. 
7. 
It adds 2 new sections that add to the purposes of the Long Creek Youth 
Development Center and the Mountain View Youth Development Center the confinement 
of juveniles ordered confined pursuant to Title 15, section 3314, subsection 7 of the 
Juvenile Code. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04119107 frac:.. 
LD363 
LR 988(02) 
An Act To Improve Juvenile Justice 
Fiscal Note for Bill as Amended by Committee Amendment "It " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - Highway Fund 
Correctional and Judicial Impact Statements 
This bill may increase confinements within the Department of Corrections' juvenile correctional facilities. These 
additional costs can be absorbed by the Department of Corrections utilizing existing budgeted resources. 
LR0988(02) - Fiscal Note - Page 1 of 1