An Act To Amend the Maine Juvenile Code To Address the Issue of Competency
Maine Legislature, Session 125, LD 1413
Committee: Criminal Justice and Public Safety
Amends: 15 MRSA §3309-A, 15 MRSA §3310, 15 MRSA §3318, 15 MRSA §3318-A, 15 MRSA §3318-B, 34-A MRSA §3802, 34-A MRSA §4102-A

Legislative Document 
No. 1413 
H.P. 1039 
House of Representatives, April 6, 2011 
An Act To Amend the Maine Juvenile Code To Address the Issue of 
Competency 
Reported by Representative PLUMMER of Windham for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218. 
HEATHER J.R. PRIEST 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §3309-A, last ¶, as repealed and replaced by PL 1985, c. 213, 
is amended to read: 
Nothing in this section may be construed to limit court-ordered examinations 
pursuant to section 3318 sections 3318-A and 3318-B. 
Sec. 2.  15 MRSA §3310, sub-§3, as amended by PL 2001, c. 471, Pt. F, §2, is 
repealed. 
Sec. 3.  15 MRSA §3318, as amended by PL 2009, c. 268, §§6 and 7, is repealed. 
Sec. 4.  15 MRSA §3318-A is enacted to read: 
§3318-A.  Determination of competency of a juvenile to proceed in a juvenile 
proceeding 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Chronological immaturity" means a condition based on a juvenile's 
chronological age and significant lack of developmental skills when the juvenile has 
no significant mental illness or mental retardation. 
B.  "Mental illness" means any diagnosable mental impairment supported by the most 
current edition of the Diagnostic and Statistical Manual of Mental Disorders, 
published by the American Psychiatric Association. 
C.  "Mental retardation" means a disability characterized by significant limitations 
both in intellectual functioning and in adaptive behavior as expressed in conceptual, 
social and practical adaptive skills. 
2.  Competency to proceed in a juvenile proceeding.  A juvenile is competent to 
proceed in a juvenile proceeding if the juvenile has: 
A.  A rational as well as a factual understanding of the proceedings against the 
juvenile; and 
B.  A sufficient present ability to consult with legal counsel with a reasonable degree 
of rational understanding. 
3.  Determination of competency.  The issue as to a juvenile's competency to 
proceed may be raised by the juvenile, by the State or sua sponte by the Juvenile Court at 
any point in the juvenile proceeding after a finding of probable cause and prior to the 
imposition of a final order of disposition.  A competency determination is necessary only 
when the Juvenile Court has a reasonable doubt as to a juvenile's competency to proceed. 
4.  Competency examination.  If the Juvenile Court determines that a competency 
determination is necessary, it shall order that a juvenile be examined by the State 
Forensic Service to evaluate the juvenile's competency to proceed.  The examination must 
take place within 21 days of the court's order. 
5.  Suspension of juvenile proceedings.  Pending a competency examination, the 
Juvenile Court shall suspend the proceeding on the petition.  The suspension remains in 
effect pending the outcome of a competency determination hearing pursuant to subsection 
7.  Suspension of the proceeding does not affect the Juvenile Court's ability to detain or 
release the juvenile pursuant to section 3203-A, subsection 5. 
6.  Criteria for State Forensic Service examiner's report.  The following 
provisions govern criteria for the State Forensic Service examiner's report. 
A.  The State Forensic Service examiner's report must address and evaluate the 
juvenile's capacity and ability to do each of the following: 
(1)  Appreciate the allegations of the petition; 
(2)  Appreciate the nature of the adversarial process including: 
(a)  Having a factual understanding of the participants in the juvenile's 
proceeding, including the judge, defense counsel, attorney for the State and 
mental health expert; and 
(b)  Having a rational understanding of the role of each participant in the 
juvenile's proceeding; 
(3)  Appreciate the range of possible dispositions that may be imposed in the 
proceedings against the juvenile and recognize how possible dispositions 
imposed in the proceedings will affect the juvenile; 
(4)  Appreciate the impact of the juvenile's actions on others; 
(5)  Disclose to counsel facts pertinent to the proceedings at issue including: 
(a)  Ability to articulate thoughts; 
(b)  Ability to articulate emotions; and 
(c)  Ability to accurately and reliably relate to a sequence of events; 
(6)  Display logical and autonomous decision making; 
(7)  Display appropriate courtroom behavior; 
(8)  Testify relevantly at proceedings; and 
(9)  Demonstrate any other capacity or ability either separately sought by the 
Juvenile Court or determined by the examiner to be relevant to the Juvenile 
Court's determination. 
B.  In assessing the juvenile's competency, the State Forensic Service examiner shall 
compare the juvenile being examined to juvenile norms that are broadly defined as 
those skills typically possessed by the average juvenile defendant adjudicated in the 
juvenile justice system. 
C.  The State Forensic Service examiner shall determine and report if the juvenile 
suffers from mental illness, mental retardation or chronological immaturity. 
D.  If the juvenile suffers from mental illness, mental retardation or chronological 
immaturity, the State Forensic Service examiner shall report the severity of the 
impairment and its potential effect on the juvenile's competency to proceed. 
E.  If the State Forensic Service examiner determines that the juvenile suffers from 
chronological immaturity, the examiner shall report a comparison of the juvenile to 
the average juvenile defendant. 
F.  If the State Forensic Service examiner determines that the juvenile suffers from a 
mental illness, the examiner shall provide the following information: 
(1)  The prognosis of the mental illness; and 
(2)  Whether the juvenile is taking any medication and, if so, what medication. 
G.  The State Forensic Service examiner's report must state an opinion whether there 
exists a substantial probability that the deficiencies related to competence identified 
in the report, if any, can be ameliorated in the foreseeable future. 
7.  Post-examination report and hearing.  Following receipt of the competency 
examination report from the State Forensic Service examiner, the Juvenile Court shall 
hold a competency determination hearing.  If the Juvenile Court finds that the juvenile is 
competent to proceed based upon the burden and standard of proof pursuant to subsection 
8, the Juvenile Court shall set a time for the resumption of the proceedings.  If the 
Juvenile Court is not satisfied that the juvenile is competent to proceed, the Juvenile 
Court shall determine how to proceed pursuant to section 3318-B. 
8.  Allocation of the burden of proof; standard of proof.  The burden of proof of 
competence is on the State if the juvenile is less than 14 years of age at the time the issue 
of competence is raised.  If the juvenile is at least 14 years of age at the time the issue of 
competence is raised, the burden of proof is on the juvenile.  In the event the State has the 
burden of proof, it must show by a preponderance of the evidence that the juvenile is 
competent to proceed.  In the event the juvenile has the burden of proof, the juvenile must 
show by a preponderance of the evidence that the juvenile is not competent to proceed. 
9.  Statements made in the course of competency examination.  Statements made 
by the juvenile in the course of a competency examination may not be admitted as 
evidence in the adjudicatory stage for the purpose of proving any juvenile crime alleged. 
10.  Competency to proceed after bind over.  Notwithstanding a finding by the 
Juvenile Court that the juvenile is competent to proceed in a juvenile proceeding, if the 
juvenile is subsequently bound over for prosecution in the Superior Court or a court with 
a unified criminal docket pursuant to section 3101, subsection 4, the issue of the 
juvenile's competency may be revisited. 
Sec. 5.  15 MRSA §3318-B is enacted to read: 
§3318-B.  Disposition of a juvenile found incompetent to proceed 
1.  Substantial probability that juvenile will be competent in the foreseeable 
future.  If, following the competency determination hearing pursuant to section 3318-A,  
subsection 7, the Juvenile Court finds that the juvenile is not competent to proceed but 
additionally finds that there exists a substantial probability that the juvenile will be 
competent in the foreseeable future, the Juvenile Court shall continue the suspension of 
the proceedings and refer the juvenile to the Commissioner of Health and Human 
Services for evaluation and treatment of the mental health and behavioral needs identified 
in the report of the State Forensic Service examiner under section 3318-A. 
A.  At the end of 60 days or sooner, at the end of 180 days and at the end of one year 
following referral, the State Forensic Service shall examine the juvenile and forward 
a report of the examination to the Juvenile Court relating to the juvenile's competency 
to proceed and its reasons.  Upon receipt of the report the Juvenile Court shall 
forward the report to the parties and without delay set a date for a conference of 
counsel or, upon a motion of any party, set a hearing on the question of the juvenile's 
competency to proceed.  If the Juvenile Court finds that the juvenile is not yet 
competent to proceed, but there exists a substantial probability that the juvenile will 
be competent to proceed in the foreseeable future, the proceedings must remain 
suspended pending further review or hearing. 
B.  If one year after suspension of the proceedings the Juvenile Court determines that 
the juvenile is not competent to proceed, the Juvenile Court shall immediately release 
the juvenile if detained in a juvenile correctional facility unless any party presents 
clear and convincing evidence that there exists a substantial probability that the 
juvenile will be competent in the foreseeable future.  If the Juvenile Court finds that 
the juvenile is incompetent to proceed and that there does not exist a substantial 
probability that the juvenile will be competent in the foreseeable future, the Juvenile 
Court shall schedule a hearing to determine whether or not the court should: 
(1)  Order the Commissioner of Health and Human Services to evaluate the 
appropriateness of providing mental health and behavioral support services to the 
juvenile; or 
(2)  Order the juvenile into the custody of the Commissioner of Health and 
Human Services utilizing the procedures set forth in section 3314, subsection 1, 
paragraph C-1 for purposes of placement and treatment. 
At the conclusion of the hearing the Juvenile Court shall dismiss the petition or, if 
post-adjudication, vacate the adjudication order and dismiss the petition. 
C.  If during the suspension of the proceedings the juvenile reaches 18 years of age, 
the Juvenile Court may evaluate the appropriateness of placing the juvenile in an 
appropriate institution for the care and treatment of adults with mental illness or 
mental retardation for observation, care and treatment. 
D.  The Juvenile Court shall set a time for resumption of the proceedings if at any 
point it finds, based upon the burden and standard of proof pursuant to section 
3318-A, subsection 8, that the juvenile is now competent to proceed. 
2.  No substantial probability that juvenile will be competent in the foreseeable 
future.  If, following the competency determination hearing provided in section 3318-A, 
subsection 8, the Juvenile Court finds that the juvenile is incompetent to proceed and that 
there does not exist a substantial probability that the juvenile will be competent in the 
foreseeable future, the Juvenile Court shall release the juvenile if detained in a juvenile 
correctional facility and schedule a hearing to determine whether or not the Juvenile 
Court should: 
A.  Order the Commissioner of Health and Human Services to evaluate the 
appropriateness of providing mental health and behavioral support services to the 
juvenile; or 
B.  Order the juvenile into the custody of the Commissioner of Health and Human 
Services utilizing the procedures set forth in section 3314, subsection 1, paragraph 
C-1 for purposes of placement and treatment. 
At the conclusion of the hearing the Juvenile Court shall dismiss the petition or, if post-
adjudication, vacate the adjudication order and dismiss the petition. 
Sec. 6.  34-A MRSA §3802, sub-§1, ¶B, as amended by PL 1995, c. 502, Pt. F, 
§27, is further amended to read: 
B.    To administer court-ordered diagnostic evaluations pursuant to Title 15, section 
3309-A, and court-ordered examinations pursuant to Title 15, section 3318 3318-A; 
Sec. 7.  34-A MRSA §4102-A, sub-§1, ¶B, as enacted by PL 2005, c. 328, §22, 
is amended to read: 
B.    To administer court-ordered diagnostic evaluations pursuant to Title 15, section 
3309-A, and court-ordered examinations pursuant to Title 15, section 3318 3318-A; 
SUMMARY 
This bill repeals provisions regarding suspension of juvenile proceedings for mentally 
ill or incapacitated juveniles and enacts provisions establishing criteria to determine 
whether a juvenile is competent to proceed in a juvenile proceeding.  The bill specifies 
that a juvenile is competent to proceed in a juvenile proceeding if the juvenile has a 
rational as well as a factual understanding of the proceedings against the juvenile and a 
sufficient present ability to consult with legal counsel with a reasonable degree of rational 
understanding. The issue as to a juvenile's competency to proceed may be raised by the 
juvenile, by the State or by the Juvenile Court at any point in the juvenile proceeding 
after a finding of probable cause and prior to the imposition of a final order of 
disposition.  A competency determination is necessary only when the Juvenile Court has 
a reasonable doubt as to a juvenile's competency to proceed. 
The bill provides that if the Juvenile Court determines that a competency 
determination is necessary, it shall order that a juvenile be examined by the State 
Forensic Service to evaluate the juvenile's competency to proceed.  The examination must 
take place within 21 days of the court's order.  Pending a competency examination, the 
Juvenile Court shall suspend the proceeding on the petition.  The suspension remains in 
effect pending the outcome of a competency determination hearing.  Suspension of the 
proceeding does not affect the Juvenile Court's ability to detain or release the juvenile. 
The bill requires that the State Forensic Service examiner evaluate whether the 
juvenile appreciates the allegations of the petition, the nature of the adversarial process 
and the range of possible dispositions that may be imposed in the proceedings against the 
juvenile, whether the juvenile can disclose to counsel facts pertinent to the proceedings 
and display logical and autonomous decision making and appropriate courtroom behavior 
and whether the juvenile can testify relevantly at proceedings. 
The bill provides that in assessing the juvenile's competency, the State Forensic 
Service examiner shall compare the juvenile being examined to juvenile norms that are 
broadly defined as those skills typically possessed by the average juvenile defendant 
adjudicated in the juvenile justice system.  The State Forensic Service examiner shall 
determine and report if the juvenile suffers from mental illness, mental retardation or 
chronological immaturity and the severity of the impairment and its potential effect on 
the juvenile's competency to proceed.  If the State Forensic Service examiner determines 
that the juvenile suffers from chronological immaturity, the examiner shall compare the 
juvenile to the average juvenile defendant.  If the State Forensic Service examiner 
determines that the juvenile suffers from a mental illness, the examiner must provide the 
prognosis of the mental illness.  The State Forensic Service examiner's report must also 
state an opinion whether there exists a substantial probability that the deficiencies related 
to competence identified in the report, if any, can be ameliorated in the foreseeable 
future. 
If the Juvenile Court finds that the juvenile is competent to proceed, the Juvenile 
Court shall set a time for the resumption of the proceedings.  The burden of proof is on 
the State if the juvenile is less than 14 years of age at the time the issue of competence is 
raised.  If the juvenile is at least 14 years of age at the time the issue of competence is 
raised, the burden of proof is on the juvenile.  In the event the State has the burden of 
proof, it must show by a preponderance of the evidence that the juvenile is competent to 
proceed.  In the event the juvenile has the burden of proof, the juvenile must show by a 
preponderance of the evidence that the juvenile is not competent to proceed.  Statements 
made by the juvenile in the course of an examination may not be admitted as evidence in 
the adjudicatory stage for the purpose of proving any juvenile crime alleged. 
Even if the Juvenile Court has found the juvenile to be competent to proceed in a 
juvenile proceeding, if the juvenile is subsequently bound over for prosecution in the 
Superior Court or a court with a unified criminal docket, the issue of the juvenile's 
competency may be revisited since the juvenile is then being treated as an adult rather 
than as a juvenile. 
If the Juvenile Court finds that the juvenile is not competent to proceed but 
additionally finds that there exists a substantial probability that the juvenile will be 
competent in the foreseeable future, the Juvenile Court shall continue to suspend the 
proceedings and refer the juvenile to the Commissioner of Health and Human Services 
for evaluation and treatment of the mental health and behavioral needs identified in the 
report of the State Forensic Service examiner.  At the end of 60 days or sooner, at the end 
of 180 days and at the end of one year following referral, the State Forensic Service shall 
forward a report to the Juvenile Court relative to the juvenile's competency to proceed 
and its reasons.  Upon receipt of the report the Juvenile Court shall forward the report to 
the parties and without delay set a date for a conference of counsel or, upon a motion of 
any party, set a hearing on the question of the juvenile's competency to proceed.  If the 
Juvenile Court finds that the juvenile is not yet competent to proceed, but there exists a 
substantial probability that the juvenile will be competent to proceed in the foreseeable 
future, the proceedings must remain suspended pending further review or hearing. 
If one year after suspension of the proceedings, the Juvenile Court determines that the 
juvenile is not competent to proceed, the Juvenile Court shall immediately release the 
juvenile if detained in a juvenile correctional facility unless any party presents clear and 
convincing evidence that there exists a substantial probability that the juvenile will be 
competent in the foreseeable future.  If the Juvenile Court finds that the juvenile is 
incompetent to proceed and that there does not exist a substantial probability that the 
juvenile will be competent in the foreseeable future, the Juvenile Court shall schedule a 
hearing to determine whether or not the court should order the Commissioner of Health 
and Human Services to evaluate the appropriateness of providing mental health and 
behavioral support services to the juvenile or order the juvenile into the custody of the 
Commissioner of Health and Human Services for purposes of placement and treatment. 
At the conclusion of the hearing the Juvenile Court shall dismiss the petition or, if 
post-adjudication, vacate the adjudication order and dismiss the petition. 
If during the suspension of the proceedings the juvenile reaches 18 years of age, the 
Juvenile Court may evaluate the appropriateness of placing the juvenile in an appropriate 
institution for the care and treatment of adults with mental illness or mental retardation 
for observation, care and treatment.   
The Juvenile Court shall set a time for resumption of the proceedings if at any point it 
finds, based upon the burden and standard of proof, that the juvenile is now competent to 
proceed. 
If following the competency determination hearing the Juvenile Court finds that the 
juvenile is incompetent to proceed and that there does not exist a substantial probability 
that the juvenile will be competent in the foreseeable future, the Juvenile Court shall 
release the juvenile if detained in a juvenile correctional facility and schedule a hearing to 
determine whether or not the Juvenile Court should order the Commissioner of Health 
and Human Services to evaluate the appropriateness of providing mental health and 
behavioral support services to the juvenile or order the juvenile into the custody of the 
Commissioner of Health and Human Services for purposes of placement and treatment. 
At the conclusion of the hearing the Juvenile Court shall dismiss the petition or, if 
post-adjudication, vacate the adjudication order and dismiss the petition.