An Act To Allow Deferred Disposition in Juvenile Cases
Maine Legislature, Session 125, LD 1299
Committee Amendment CA_A_S289 (Senate)
Amends: 15 MRSA §3311-A, 15 MRSA §3311-B, 15 MRSA §3311-C, 15 MRSA §3311-D

COMMITTEE AMENDMENT" A" to S.P. 402, L.D. 1299, Bill, "An Act To 
Allow Deferred Disposition in Juvenile Cases" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA §3311-A is enacted to read: 
§3311-Ao Eligibility for deferred disposition 
A juvenile who has entered an admission to a juvenile crime that would be a Class C, 
Class D or Class E crime or a civil offense if committed by an adult and who consents in 
writing to a deferred disposition is eligible for a deferred disposition pursuant to section 
3311-B. 
Sec. 2. 15 MRSA §3311-B is enacted to read: 
§3311-Bo Deferred disposition 
Imposition. Following the acceptance of an admission of commission of a 
juvenile crime for which a juvenile is eligible for a deferred disposition under section 
3311-A, the court may order disposition deferred to a date certain or determinable and 
impose requirements upon the juvenile to be in effect during the period of deferment that 
are considered by the court to be reasonable and appropriate to meet the purposes of the 
Juvenile Code. The court-imposed deferment requirements must include a requirement 
that the juvenile refrain from conduct that would constitute a juvenile crime, crime or 
civil offense. In exchange for the deferred disposition, the juvenile shall abide by the 
court-imposed deferment requirements. 
Unless the court orders otherwise, the 
department requirements are immediately in effect. 
2. 
Amendment of requirements. 
During the period of deferment and upon 
application by the juvenile granted deferred disposition pursuant to subsection 1 or by the 
attorney for the State or upon the court's own motion, the court may, after a hearing upon 
notice to the attorney for the State and the juvenile, modify the requirements imposed by 
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COMMITTEE AMENDMENT" A" to S.P. 402, L.D. 1299 
the court, add further requirements or relieve the juvenile of any requirement imposed by 
the court that, in the court's opinion, imposes an unreasonable burden on the juvenile. 
3. Motion. During the period of deferment, if the juvenile cannot meet a deferment 
requirement imposed by the court, the juvenile shall bring a motion pursuant to 
subsection 2. 
4. Finally adjudicated. For pumoses of a deferred disposition, a juvenile is deemed 
to have been finally adjudicated when the court imposes a disposition under section 3314. 
Sec. 3. 15 MRSA §3311-C is enacted to read: 
§3311-C. Court hearing as to final disposition 
1. Court hearing; final disposition. Unless a court hearing is sooner held under 
subsection 2, at the conclusion of the period of deferment, after notice. a juvenile who 
was granted deferred disposition pursuant to section 3311-B shall return to court for a 
hearing on final disposition under section 3314. If the juvenile demonstrates by a 
preponderance of the evidence that the juvenile has complied with the court-imposed 
deferment requirements, the court shall impose a dispositional alternative authorized for 
the juvenile crime to which the juvenile has entered an admission and consented to in 
writing at the time disposition was deferred or as amended by agreement of the parties in 
writing prior to disposition. unless the attorney for the State. prior to disposition. moves 
the court to allow the juvenile to withdraw the admission. Except over the objection of 
the juvenile. the court shall grant the State's motion. Following the granting of the State's 
motion. the attorney for the State shall dismiss the pending petition with prejudice. If the 
court finds that the juvenile has inexcusably failed to comply with the court-imposed 
deferment requirements. the court shall impose a dispositional alternative authorized for 
the juvenile crime to which the juvenile entered an admission. 
2. Violation of deferment requirement. If during the period of deferment the 
attorney for the State has probable cause to believe that a juvenile who was granted 
deferred disposition pursuant to section 3311-B has violated a court-imposed deferment 
requirement. the attorney for the State may move the court to terminate the remainder of 
the period of deferment and impose disposition. Following notice and hearing, if the 
attorney for the State proves by a preponderance of the evidence that the juvenile has 
inexcusably failed to comply with a court-imposed deferment requirement, the court may 
continue the running of the period of deferment with the requirements unchanged, modify 
the requirements, add further requirements or terminate the running of the period of 
deferment and conduct a dispositional hearing and impose a disposition authorized for the 
juvenile crime to which the juvenile entered an admission. If the court finds that the 
juvenile has not inexcusably failed to comply with a court-imposed deferment 
requirement, the court may order that the running of the period of deferment continue or, 
after notice and hearing, take any other action permitted under this chapter. 
3. Hearing. A hearing under this section or section 3311-B need not be conducted 
by the judge who originally ordered the deferred disposition. 
4. Rights of juvenile at hearing. The juvenile at a hearing under this section or 
section 3311-B must be afforded the opportunity to confront and cross-examine witnesses 
against the juvenile, to present evidence on the juvenile'S own behalf and to be 
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COMMITTEE AMENDMENT" A" to S.P. 402, L.D. 1299 
represented by counsel. If the juvenile who was granted deferred disposition pursuant to 
section 3311-B cannot afford counsel, the court shall appoint counsel for the juvenile. 
Assignment of counsel and withdrawal of counsel must be in acpordance with the Maine 
Rules of Criminal Procedure. 
5. Summons; failure to appear. A summons, served in accordance with section 
3304, may be used to order a juvenile who was granted deferred disposition pursuant to 
section 3311-B to appear for a hearing under this section. If the juvenile fails to appear 
after having been served with a summons, the court may issue a warrant for the arrest of 
the juvenile. 
6. Warrant for arrest. If during the period of deferment the attorney for the State 
has probable cause to believe that a juvenile who was granted deferred disposition 
pursuant to section 3311-B has violated a court-imposed deferment requirement, the 
attorney for the Stat~ may apply for a warrant for the arrest of the juvenile.· 
Sec. 4. 15 MRSA §3311-D is enacted to read: 
§3311-D. Limited review by appeal 
A juvenile is precluded from seeking to attack the legality of a deferred disposition, 
including a final disposition, except that a juvenile who has been determined by a court to 
have inexcusably failed to comply with a court-imposed deferment requirement and 
thereafter has had imposed a dispositional alternative authorized for the juvenile crime 
may appeal to the Superior Court, but not as of right. The time for taking the appeal and 
the manner and any conditions for the taking of the appeal are as the Supreme Judicial 
Court provides by rule. I 
SUMMARY 
This amendment replaces the bill. The amendment creates the option of deferred 
disposition in juvenile cases but instead of providing the same option for juveniles that is 
provided in the Maine Criminal Code, it enacts this procedure in the Maine Juvenile Code 
with appropriate terminology and procedures for juveniles. 
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