An Act To Ensure That Statements Made by a Juvenile or a Juvenile's Parents, Guardian or Legal Custodian While Participating in Informal Adjustment Processes Are Not Admissible in Court
Maine Legislature, Session 129, LD 1397
Committee Amendment CA_A_H299 (House)
Amends: 15 MRSA §3204

COMMITTEE AMENDMENT "fl,, to H.P. 1011, L.D. 1397, Bill, "An Act To 
Ensure That Statements Made by a Juvenile or a Juvenile's Parents, Guardian or Legal 
Custodian While Participating in Informal Adjustment Processes Are Not Admissible in 
Court" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding the Admissibility of Certain Statements of Juveniles' 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA §3204, first ,r, as amended by PL 1999, c. 624, Pt. B, §7, is 
further amended to read: 
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made 
to a juvenile community corrections officer during the course of a preliminary 
investigation or made to a community resolution team under section 3301 are not 
admissible in evidence at an adjudicatory hearing against that juvenile if a petition based 
on the same facts is later filed. 
Sec. 2. 15 MRSA §3204, as amended by PL 1999, c. 624, Pt. B, §7, is further 
amended by adding at the end the following: 
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made 
to a juvenile community corrections officer dUl'ing an informal adjustment or dUl'ing a 
restorative justice program or made to a clinical provider during substance use disorder, 
sexual behavior or mental health assessment or treatment attended by the juvenile are not 
admissible in evidence during the State's case in chief at an adjudicatory hearing against 
that juvenile on a petition based on the same facts that caused the referral for informal 
adjustment, restorative justice, assessment or treatment. 
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made 
during school disciplinary proceedings, including but not limited to manifestation 
determinations, special education meetings, suspension meetings or expulsion hearings, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT l+ "to H.P. 1011, L.D. 1397 
are not admissible in evidence during the State's case in chief at an adjudicatory hearing 
against the juvenile on a petition based on the same facts that caused the need for the 
school disciplinary proceedings. 
As used in this section, "restorative justice program" means a program in which 
offenders take responsibility for causing harm and engage in a facilitated process with 
victims, family members, community members or advocates and others impacted by the 
harm that focuses on repairing the harm, addressing needs and preventing future harm.' 
SUMMARY 
This amendment replaces the bill and provides a new title. The amendment amends 
the Maine Juvenile Code to provide that statements of a juvenile or of a juvenile's parents, 
guardian or legal custodian made during an informal adjustment or during a restorative 
justice program or made to a clinical provider during substance use disorder, sexual 
behavior or mental health assessment or treatment attended by the juvenile are not 
admissible in evidence during the State's case in chief at an adjudicatory hearing against 
that juvenile on a petition based on the same facts that caused the referral for informal 
adjustment, restorative justice, assessment or treatment. The amendment provides for 
similar protections in school disciplinary proceedings. The amendment adds a definition 
of "restorative justice program. 
The amendment also retains the provision of the bill that 
removes a cross-reference to a provision of law regarding community resolution teams, 
which has been repealed. 
COMMITTEE AMENDMENT