An Act To
Maine Legislature, Session 125, LD 1413
Committee Amendment CA_A_H412 (House)

COMMITTEE AMENDMENT "11" to H.P. 1039, L.D. 1413, Bill, "An Act To 
Amend the Maine Juvenile Code To Address the Issue of Competency" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
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'Emergency preamble. Whereas, acts and resolves of the Legislatur~ do not 
become effective until 90 days after adjournment unless enacted as emergencies; rnd 
Whereas, there are currently juveniles in the juvenile justice system for wfom the 
determination of competency is urgent; and 
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Whereas, adapting the adult model of competency determination to fit jfveniles 
does not recognize the important differences between adults and juveniles; and 
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Whereas, the sooner that adoption of a method to determine juvenile com~1 tency is 
in place, the sooner judges, attorneys, state agencies and juveniles and their fa 'lies will 
have a uniform method and shared expectations for determining juvenile com etency; 
and 
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Whereas, in the judgment of the Legislature, these facts create an emergenc~ within 
the meaning of the Constitution of Maine and require the following legisljltion as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, , 
Amend the bill in section 4 in §3318-A in subsection 6 in paragraph A by striking out 
the first 2 lines (page 2, lines 8 and 9 in L.D.) and inserting the following: 
'A. 
To assist the court's determination of competency, the State Forensic i Service 
examiner's report must address the juvenile's capacity and ability to:' 
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Amend the bill in section 4 in §3318-A in subsection 7 in the 2nd line (page 3, line 15 
in L.D.) by inserting after the following: "shall" the following: 'provide copie$ of the 
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report to the partIes and' 
COMMITTEE AMENDMENT 
~. .<e. 
COMMITTEE AMENDMENT" fr' to H.P. 1039, L.D. 1413 
Amend the bill in section 4 in §3318-A in subsection 7 by adding at the end the 
following: 
'The court may consider the report of the State Forensic Service examiner, together with 
all other evidence relevant to the issue of competency, in its determination whether the 
juvenile is competent to proceed. No single criterion set forth in subsection 6 may be 
binding on the court's determination.' 
Amend the bill in section 5 in §3318-B in subsection 1 in paragraph B by striking out 
the first 8 lines (page 4, lines 16 to 23 in L.D.) and inserting the following: 
'B. If more than one year has elapsed since the suspension of the proceedings, the 
Juvenile Court shall promptly hold a hearing to determine whether based on clear and 
convincing evidence there exists a substantial probability that the juvenile will be 
competent in the foreseeable future. Notwithstanding section 3318-A, subsection 8, 
the burden of proof is on the State in any hearing under this paragraph. If the 
Juvenile Court finds that there does not exist a substantial probability that the juvenile 
will be competent in the foreseeable future, the Juvenile Court shall further determine 
whether or not the court should:' 
Amend the bill in section 5 in §3318-B in subsection 2 in the 5th and 6th lines (page 
4, line 43 and page 5, line 1 in L.D.) by striking out the following: "release the juvenile if 
detained in a juvenile correctional facility and schedule" and inserting the foliowing: 
'promptly hold' 
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Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
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This amendment makes clear that the purpose of the report of the State ~orensic 
Service examiner is to assist, not prescribe, the court's determination of competencr. 
It provides that the court, upon receipt of the report of the State Forensic Service 
examiner, must provide a copy. of that report to the parties. 
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It makes explicit that the court may consider the report of the State Forensic ~ervice 
examiner, together with all other evidence relevant to competency, in its deterniination 
whether a juvenile is competent to proceed and that no single criterion addressed in the 
report of the State Forensic Service examiner is binding on the court's determination. 
In 2 places, it eliminates an ambiguity that might have required a juvenile's release 
from a juvenile correctional facility before the court held a hearing to determine what 
referrals are appropriate with respect to a juvenile whose case is subject to dismissal 
under the Maine Revised Statutes, Title 34-A, section 3318-B. 
The amendment also adds an emergency preamble and clause. 
COMMITTEE AMENDMENT