An Act To Protect Children in Public Schools by Changing Notification Requirements Regarding Sex Offenders
Maine Legislature, Session 125, LD 0257
Committee: Criminal Justice and Public Safety
Sponsors: CEBRA, BURNS, CRAY, GIFFORD, PLUMMER, SARTY
Amends: 15 MRSA §3308, 20-A MRSA §1055, 34-A MRSA §11255

Legislative Document 
No. 257 
H.P. 210 
House of Representatives, February 1, 2011 
An Act To Protect Children in Public Schools by Changing 
Notification Requirements Regarding Sex Offenders 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CEBRA of Naples. 
Cosponsored by Representatives: BURNS of Whiting, CRAY of Palmyra, GIFFORD of 
Lincoln, McCLELLAN of Raymond, PLUMMER of Windham, SARTY of Denmark. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §3308, sub-§7, ¶D, as amended by PL 1997, c. 752, §15 and 
PL 2003, c. 689, Pt. B, §6, is further amended to read: 
D.    When a juvenile who is adjudicated of a juvenile crime that if committed by an 
adult would be gross sexual assault under Title 17-A, section 253, subsection 1 is 
committed to a Department of Corrections juvenile correctional facility or placed on 
probation, the Department of Corrections shall provide, while the juvenile is 
committed or on probation, a copy of the juvenile's judgment and commitment to the 
Department of Health and Human Services, to all law enforcement agencies that have 
jurisdiction in those areas where the juvenile may reside, work or attend school and to 
the superintendent of any school system in which the juvenile attends school during 
the period of commitment or probation.  The Department of Corrections shall provide 
a copy of the juvenile's judgment and commitment to all licensed and registered day-
care facility operators located in the municipality where the juvenile resides, works or 
attends school during the period of commitment or probation.  Upon request, the 
Department of Corrections shall also provide a copy of the juvenile's judgment and 
commitment to other entities that are involved in the care of children and are located 
in the municipality where the juvenile resides, works or attends school during the 
period of commitment or probation.  The Department of Corrections may provide a 
copy of the juvenile's judgment and commitment to any other agency or person whom 
the Department of Corrections determines is appropriate to ensure public safety.  
Neither the failure of the Department of Corrections to perform the requirements of 
this paragraph nor compliance with this paragraph subjects the Department of 
Corrections or its employees to liability in a civil action. 
Notwithstanding any confidentiality provisions in this chapter or in Title 20-A, 
section 1055, a superintendent who receives information pursuant to Title 34-A, 
section 11255, subsection 2 regarding a student who has been adjudicated of a 
juvenile crime that if committed by an adult would be gross sexual assault under Title 
17-A, section 253, subsection 1 shall provide notice of the adjudication to all parents 
and guardians of students who are enrolled at the same school as that adjudicated 
juvenile, only if the juvenile was tried as an adult. 
Sec. 2.  20-A MRSA §1055, sub-§13 is enacted to read: 
13.  Notification to parents and guardians.  Notwithstanding the confidentiality 
provisions of this section, the superintendent, pursuant to Title 15, section 3308, 
subsection 7, paragraph D, shall notify all parents and guardians of students enrolled in a 
school of the adjudication of any juvenile who is enrolled in that school and whose 
adjudication is for a juvenile crime that if committed by an adult would be gross sexual 
assault under Title 17-A, section 253, subsection 1. 
Sec. 3.  34-A MRSA §11255, sub-§2, as amended by PL 2003, c. 711, Pt. C, §28 
and affected by Pt. D, §2, is further amended to read: 
2.  Law enforcement agencies.  Upon receipt of the information concerning the 
conditional release or discharge of a registrant pursuant to section 11254, subsection 2, a 
law enforcement agency shall notify members of a municipality that the law enforcement 
agency determines appropriate to ensure public safety.  A law enforcement agency shall 
notify the superintendent of a school district where the registrant is residing, working or 
attending school.  The law enforcement agency shall notify the superintendent of all 
information under section 11254, subsection 1. Notwithstanding the confidentiality 
provisions of Title 20-A, section 1055, upon receipt of that information, the 
superintendent shall provide that information to all teachers and other school personnel. 
SUMMARY 
This bill expands notification requirements regarding persons convicted of sex 
offenses.  The bill requires that a law enforcement agency notify the superintendent of a 
school district where a registered offender is residing, working or attending school.  Upon 
receipt of that information, notwithstanding any confidentiality laws, the superintendent 
shall provide that information to all teachers and other school personnel.  The bill also 
requires that a superintendent provide notice of the adjudication of a student for a juvenile 
crime that if committed by an adult would be gross sexual assault to all parents and 
guardians of students enrolled in the same school as the adjudicated juvenile, only if the 
juvenile was tried as an adult.