An Act To Improve Maine's Juvenile Justice System
Maine Legislature, Session 127, LD 1029
Committee Amendment CA_A_H235 (House)
Amends: 15 MRSA §3306-B

COMMITTEE AMENDMENT "A" to H.P. 712, L.D. 1029, Bill, "An Act To 
Improve Maine's Juvenile Justice System" 
Amend the bill in section 1 in paragraph A in the 10th line (page 1) line 13 in L.D.) 
by striking out the following: "Whenever possible and appropriate, the" and inserting the 
following: 'The' 
Amend the bill by striking out all of sections 2 to 4 and inserting the following: 
'Sec. 2. 15 MRSA §3306-B is enacted to read: 
§3306-B. Physical restraints in the courtroom 
1. Physical restraints prohibited. absent court order. A juvenile may not be 
brought before the court wearing any physical restraints, except when ordered by the 
court during or prior to the juvenile's court appearance. 
2, Determination by the court. If the State, the transporting agency, the judicial 
marshal or other designated court security informs the juvenile or the attorney for the 
juvenile of intent to use physical restraints during the proceedings and the juvenile or 
attorney for the juvenile objects the court shall determine whether one or more of the 
grounds for use of physical restraints listed in subsection 3 exists. The court, on its own 
motion, may determine whether one or more of the grounds for use of physical restraints 
listed in subsection 3 exists. 
3. Grounds for use of restraints. The court may not order that physical restraints 
be used on a juvenile during a court proceeding unless the court determines that the use of 
physical restraints is necessaIY due to one or more of the following: 
A. The present behavior of the· juvenile presents a current threat to that juvenile's 
safety or the safety of others in the courtroom; 
B. The present behavior of the juvenile presents a substantial risk of flight from the 
courtroom; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to 1I.P. 712, L.D. 1029 
C. Recent disruptive courtroom behavior of the juvenile has a created a threat to that 
juvenile's safety or the safety of others in the courtroom; and 
D. The past behavior of the juvenile presents a substantial risk that the juvenile will 
create a threat to that juvenile's safety or the safety of others in the courtroom.' 
Amend the bill in section 5 in paragraph H-l in the first line (page 2, line 35 in L.D.) 
by striking out the following: "Whenever possible and appropriate, the" and inselting the 
following: 'The' 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. Review and report. The Criminal Law Advisory Committee shall review 
the l<).ws regarding confidentiality and access to records of court proceedings pertaining to 
police records, juvenile community corrections officers' records and all other reports of 
social and clinical studies pertaining to juveniles and shall report to the Joint Standing 
Committee on Criminal Justice and Public Safety by January 1, 2016 with any 
recommendations and necessary legislation. After reviewing the report, the joint standing 
committee is authorized to submit legislation to the Second Regular Session of the 127th 
Legislature.' 
Amend the bill by relettering 01' renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the committee. The amendment deletes the 
phrase "whenever possible and appropriate" from the bill as it relates to the circumstances 
undy!, which a juvenile participates in a program intended to increase community safety, 
hold the juvenile accountable and assist the juvenile in becoming a responsible and 
productive member of society. ' The amendment directs the Criminal Law Advisory 
Committee to review the laws regarding confidentiality and access to records of court 
proceedings pertaining to police records, juvenile community corrections officers' 
records and 'all other reports of social and clinical studies pertaining to juveniles and to 
report to the Joint Standing Committee on Criminal Justice and Public Safety by January 
1, 2016 with any recommendations and necessary legislation. The amendment authorizes 
the joint standing committee to submit legislation to the Second Regular Session of the 
127th Legislature. The amendment revises the procedure for the court to detelwine 
whether grounds for the use of restraints exist and adds to the grounds that past behavior 
of the juvenile presents a substantial risk that the juvenile's safety or the safety of others 
in the courtroomis threatened. 
FISCAL KOTE REQUIRED 
(See attaChed) 
COMMITTEE AMENDMENT 
Approved: 05/17/15 
Mac. 
J27th MAINE LEGISLATURE 
LD 1029 
LR 1799(02) 
An ActTo Improve Maine's Juvenile Justice System 
Fiscal Note for Bill as Amended by Committee Amendment ;4' C H 
..A ~ 36) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Increases case-loads with no effect on fines or fees. 
LR1799(02) - Fiscal Note - Page 1 of 1.