An Act To Clarify the Right to Counsel for Juveniles and Improve Due Process for Juveniles”
Maine Legislature, Session 129, LD 1684
Committee Amendment CA_A_H870 (House)
Amends: 15 MRSA §3003, 15 MRSA §3101, 15 MRSA §3203-A, 15 MRSA §3301, 15 MRSA §3306, 15 MRSA §3313, 15 MRSA §3315, 15 MRSA §3316, 15 MRSA §3317, 15 MRSA §3402, 15 MRSA §3405, 34-A MRSA §3805

COMMITTEE AMENDMENT “      ” to H.P. 1208, L.D. 1684, Bill, “An Act To 
Clarify the Right to Counsel for Juveniles and Improve Due Process for Juveniles”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  15 MRSA §3003, sub-§14, as enacted by PL 1977, c. 520, §1, is 
amended to read:
14.  Juvenile.  "Juvenile" means any a person who has not attained the age of 18 
years, and a person 18 years of age or older during the period of a disposition that 
includes probation or commitment to a Department of Corrections juvenile facility who 
was adjudicated before the age of 18.
Sec. 2.  15 MRSA §3101, sub-§2, as amended by PL 2019, c. 525, §9, is further 
amended to read:
2.  Juvenile Court jurisdiction. 
A.  The Juvenile Court shall have has exclusive original jurisdiction, subject to 
waiver of jurisdiction as provided in subsection 4, of proceedings in which a juvenile 
is alleged to have committed a juvenile crime, as defined in section 3103.  
This paragraph is repealed October 1, 2021.
A-1.  Beginning October 1, 2021, the Juvenile Court has exclusive original 
jurisdiction, subject to waiver of jurisdiction as provided in subsection 4, of 
proceedings in which a juvenile is alleged to have committed a juvenile crime, as 
defined in section 3103, and the juvenile had attained 12 years of age at the time the 
juvenile crime is alleged to have been committed.
C.  The Juvenile Courts have Court has jurisdiction over all petitions brought under 
Title 34-A, chapter 9, subchapter 7 pertaining to juveniles who have been adjudicated 
as having committed juvenile crimes in other states, but who are found within the 
territorial jurisdiction of the State.
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1208, L.D. 1684
COMMITTEE AMENDMENT
D.  The Juvenile Courts have Court has exclusive original jurisdiction over 
proceedings in which an adult is alleged to have committed a juvenile crime before 
attaining 18 years of age.  For purposes of a proceeding under this paragraph, the 
adult is considered deemed a juvenile.  
This paragraph is repealed October 1, 2021.
D-1.  Beginning October 1, 2021, the Juvenile Court has exclusive original 
jurisdiction over proceedings in which an adult is alleged to have committed a 
juvenile crime after having attained 12 years of age and before attaining 18 years of 
age.  For purposes of a proceeding under this paragraph, the adult is deemed a 
juvenile.
E.  The Juvenile Courts shall have Court has jurisdiction concurrent with the District 
Courts over petitions for emancipation brought under section 3506-A.
F.  Beginning October 1, 2021, a juvenile who had not attained 12 years of age at the 
time of the juvenile's alleged juvenile crime is not subject to the jurisdiction of the 
Juvenile Court.  Notwithstanding Title 17-A, section 10-A, subsection 1, a criminal 
proceeding may not be commenced based on conduct committed by a juvenile who 
had not attained 12 years of age.
Sec. 3.  15 MRSA §3203-A, sub-§5, as amended by PL 2003, c. 706, Pt. A, §§2 
and 3, is further amended by to read:
5.  Detention hearing.  Upon petition by a juvenile community corrections officer 
who ordered the detention or an attorney for the State who ordered the detention, the 
Juvenile Court shall review the decision to detain a juvenile within 48 hours following the 
detention, excluding Saturday, Sunday and legal holidays, except that if a juvenile is 
detained pursuant to subsection 7, paragraph B-5, the Juvenile Court shall review the 
decision to detain the juvenile within 24 hours following the detention, excluding 
Saturday, Sunday and legal holidays.  When a petition to review detention is filed, the 
court shall assign counsel to represent the juvenile.  The assignment must be reviewed at 
the juvenile's first appearance before the court.  If a juvenile petition with charges based 
on the conduct at issue in the detention hearing is filed, the assignment continues with 
respect to the juvenile petition, but must be reviewed at the juvenile's first appearance on 
the juvenile petition.
A.  A detention hearing must precede and must be separate from a bind-over or 
adjudicatory hearing.  Evidence presented at a detention hearing may include 
testimony, affidavits and other reliable hearsay evidence as permitted by the court 
and may be considered in making any determination in that hearing.
B.  Following a detention hearing, a court shall order a juvenile's release, in 
accordance with subsection 4, unless it finds, by a preponderance of the evidence, 
that continued detention is necessary to meet one of the purposes of detention 
provided in that subsection.  The Juvenile Court shall ensure, by appropriate order, 
that any such continued detention is otherwise in accordance with the requirements of 
subsection 4.  The court may order that detention be continued pending further 
appearances before the court or pending conditional release to a setting satisfactory to 
the juvenile community corrections officer.
COMMITTEE AMENDMENT “      ” to H.P. 1208, L.D. 1684
COMMITTEE AMENDMENT
C.  Continued detention or conditional release may not be ordered unless a Juvenile 
Court Judge or justice of the peace has determined pursuant to subsection 4-A or the 
Juvenile Court determines at the detention hearing that there is probable cause to 
believe that the juvenile has committed a juvenile crime.
D.  When a court orders detention or a conditional release that authorizes, even 
temporarily, the juvenile's removal from the juvenile's home, the court shall 
determine whether reasonable efforts have been made to prevent or eliminate the 
need for removal of the juvenile from the juvenile's home or that no reasonable 
efforts are necessary because of the existence of an aggravating factor as defined in 
Title 22, section 4002, subsection 1-B, and whether continuation in the juvenile's 
home would be contrary to the welfare of the juvenile.  This determination does not 
affect whether the court orders detention or a conditional release, which continues to 
be governed by the other provisions of this section.
Sec. 4.  15 MRSA §3301, sub-§6, as amended by PL 2011, c. 580, §1, is further 
amended to read:
6.  Review by attorney for the State.  If the juvenile community corrections officer 
decides not to request the attorney for the State to file a petition, the juvenile community 
corrections officer shall inform the attorney for the State, the complainant, the law 
enforcement officer and the victim of the decision and of the reasons for the decision as 
soon as practicable.  The juvenile community corrections officer shall advise the 
complainant, the law enforcement officer and the victim that they may submit their 
complaint to the attorney for the State for review.
If the juvenile community corrections officer makes a determination pursuant to 
subsection 5, paragraph A or B and decides not to request the attorney for the State to file 
a petition for a violation of Title 22, section 2389, subsection 2 or Title 28-A, section 
2052, the juvenile community corrections officer shall inform the Secretary of State of 
the violation.  The Secretary of State shall suspend for a period of 30 days that juvenile's 
license or permit to operate a motor vehicle, right to operate a motor vehicle and right to 
apply for and obtain a license.  After the suspension is terminated, any record of the 
suspension is confidential and may be released only to a law enforcement officer or the 
courts for prosecution of violations of Title 29-A, section 2412-A.
The attorney for the State on that attorney's own motion or upon receiving a request for 
review by the law enforcement officer, the complainant or the victim, shall consider the 
facts of the case, consult with the juvenile community corrections officer who made the 
initial decision and then make a final decision as to whether to file the petition.  The 
attorney for the State shall notify the juvenile community corrections officer of the final 
decision within 30 days of being informed by the juvenile community corrections officer 
of the initial decision.  If a juvenile community corrections officer has not yet made an 
initial decision, the attorney for the State may file a petition at any time more than 30 
days after the juvenile community corrections officer has been given notice pursuant to 
section 3203-A.
If the attorney for the State files a petition, the court, upon the motion of the attorney for 
the State, the motion of the juvenile or the court's own motion, may assign counsel for the 
juvenile.  The assignment must be reviewed at the juvenile's first appearance before the 
court.
COMMITTEE AMENDMENT “      ” to H.P. 1208, L.D. 1684
COMMITTEE AMENDMENT
Sec. 5.  15 MRSA §3306, sub-§1, as amended by PL 2019, c. 525, §15, is further 
amended to read:
1.  Notice and appointment.  The provisions of this subsection address a juvenile's 
right to counsel.
A.  At a juvenile's first appearance before the court, the juvenile and the juvenile's 
parent or parents, guardian or legal custodian must be fully advised by the court of 
their constitutional and legal rights, including the juvenile's right to be represented by 
counsel at every stage of the proceedings. At every subsequent appearance before the 
court, the juvenile must be advised of the juvenile's right to be represented by 
counsel.
B.  If the juvenile requests an attorney and if the juvenile and the juvenile's parent or 
parents, guardian or legal custodian are found to be without sufficient financial 
means, counsel must be appointed by the court.
C.  The court may appoint counsel without a request under paragraph B if the court 
determines representation by counsel necessary to protect the interests of the juvenile.
D.  The court shall appoint counsel to represent the juvenile upon the entry of a 
dispositional order that includes commitment to a Department of Corrections juvenile 
correctional facility.  A juvenile's right to counsel under this paragraph continues 
until the juvenile is discharged from the disposition.  Counsel appointed under this 
paragraph may be in addition to the juvenile's primary counsel.
This subsection does not limit the court's authority to appoint counsel for a juvenile at any 
time beginning with the detention of the juvenile under this Part.
Sec. 6.  15 MRSA §3313, sub-§2, ¶F, as amended by PL 2019, c. 474, §1 and c. 
525, §26, is repealed and the following enacted in its place:
F.  The juvenile has made or has agreed to pay restitution to the victim of the 
juvenile's conduct for the damage or injury that the victim sustained in an amount that 
the court has determined is within the juvenile's ability to pay pursuant to section 
3314-C;
Sec. 7.  15 MRSA §3313, sub-§2, ¶J, as amended by PL 1979, c. 663, §119, is 
further amended to read:
J.  The juvenile is particularly likely to respond affirmatively to probation; and
Sec. 8.  15 MRSA §3313, sub-§2, ¶K, as amended by PL 2019, c. 525, §26, is 
further amended to read:
K.  The confinement of the juvenile would entail excessive hardship to the juvenile or 
the juvenile's dependents.;
Sec. 9.  15 MRSA §3313, sub-§2, ¶L is enacted to read:
L.  The juvenile had not attained 14 years of age at the time of the alleged conduct; 
and
Sec. 10.  15 MRSA §3313, sub-§2, ¶M is enacted to read:
COMMITTEE AMENDMENT “      ” to H.P. 1208, L.D. 1684
COMMITTEE AMENDMENT
M.  The juvenile crime would be considered a Class D or Class E crime if committed 
by an adult and, based upon both the written agreement of the parties and a court 
finding, the facts and circumstances of the underlying criminal episode giving rise to 
the conviction did not generate probable cause to believe the juvenile had committed 
what would be considered a Class A, Class B or Class C crime if committed by an 
adult.
Sec. 11.  15 MRSA §3315, sub-§3, as amended by PL 2003, c. 503, §3, is further 
amended to read:
3.  Court review of determination.  Whenever a court makes a determination 
pursuant to section 3314, subsection 1, paragraph F or section 3314, subsection 2 that 
reasonable efforts have been made to prevent or eliminate the need for removal of the 
juvenile from the juvenile's home or that no reasonable efforts are necessary because of 
the existence of an aggravating factor as defined in Title 22, section 4002, subsection 1-B 
and that continuation in the juvenile's home would be contrary to the welfare of the 
juvenile, that determination must be reviewed by the court not less than once every 12 
months until the juvenile is discharged or no longer residing outside the juvenile's home 
or attains 18 years of age.  This review does not affect a juvenile's commitment to a 
Department of Corrections juvenile correctional facility.
A.  A juvenile who has not attained 21 years of age must be represented by counsel at 
a judicial review of the juvenile's commitment.
B.  If an appropriate treatment or appropriate and less restrictive placement is not 
being provided or offered to the juvenile, the court may order the Department of 
Corrections or the Department of Health and Human Services, or both, to 
demonstrate the reasonableness of the current treatment or placement provided or 
offered.
Sec. 12.  15 MRSA §3316, sub-§2, ¶A, as repealed and replaced by PL 1999, c. 
127, Pt. B, §6, is amended to read:
A.  A commitment of a juvenile to a Department of Corrections juvenile corrections 
correctional facility pursuant to section 3314 must be for an indeterminate period not 
to extend beyond the juvenile's 18th birthday unless the court expressly further limits 
or extends the indeterminate commitment, as long as the court does not limit the 
commitment to less than one year nor extend the commitment beyond a juvenile's 
21st birthday and as long as an order does not result in a commitment of less than one 
year, unless the commitment is for an indeterminate period not to extend beyond the 
juvenile's 21st birthday.  Nothing in this Part may be construed to prohibit the 
provision to a juvenile following the expiration of the juvenile's term of commitment 
of services voluntarily accepted by the juvenile and the juvenile's parent or parents, 
guardian or legal custodian if the juvenile is not emancipated; except that these 
services may not be extended beyond the juvenile's 21st birthday.
Sec. 13.  15 MRSA §3317, as amended by PL 1997, c. 752, §26 and PL 2003, c. 
689, Pt. B, §§6 and 7, is further amended to read:
COMMITTEE AMENDMENT “      ” to H.P. 1208, L.D. 1684
COMMITTEE AMENDMENT
§3317.  Disposition after return to Juvenile Court
In instances of commitment of a juvenile to the Department of Health and Human 
Services or a Department of Corrections juvenile correctional facility or when the 
juvenile is under a specified period of probation, the Commissioner of Health and Human 
Services or the commissioner's designee or the Commissioner of Corrections or the 
commissioner's designee, or the juvenile following the disposition may for good cause 
petition the Juvenile Court having original jurisdiction in the case for a judicial review of 
the disposition, including extension or reduction of the period of commitment or period of 
probation.  For a petition initiated by the juvenile, the Department of Health and Human 
Services or the Department of Corrections shall provide information including, but not 
limited to, the information in reports required for periodic review pursuant to section 
3315.  In all cases in which a the juvenile is returned to a Juvenile Court, the Juvenile 
Court may make any of the dispositions otherwise provided in section 3314, including a 
reduction of the period of commitment or probation, and Title 34-A, section 3805, 
subsection 2.  When reviewing a commitment to the Department of Health and Human 
Services, the court shall consider efforts made by the Department of Corrections and the 
Department of Health and Human Services to reunify the juvenile with the juvenile's 
parents or custodians, shall make a finding regarding those efforts and shall return 
custody of the juvenile to a parent or legal custodian if the return of the juvenile is not 
contrary to the welfare of the juvenile.  A petition for judicial review of a disposition 
committing the child juvenile to the Department of Health and Human Services must be 
served on the parents at least 7 days prior to the hearing.  Absent extraordinary 
circumstances, the juvenile may file a petition no more than once every 180 days. 
Sec. 14.  15 MRSA §3402, sub-§1, as amended by PL 2015, c. 100, §3, is further 
amended to read:
1.  Matters for appeal.  Appeals of the following matters may be taken from the 
juvenile court Juvenile Court to the Supreme Judicial Court by a party specified in 
subsection 2:
A.  An adjudication, as long as the appeal is taken after an order of disposition;
B.  An order of disposition, or of any subsequent order modifying disposition, for an 
abuse of discretion; and
D.  A detention order entered pursuant to section 3203-A, subsection 5 or any refusal 
to alter a detention order upon petition of the juvenile pursuant to section 3203-A, 
subsection 11, for abuse of discretion, provided that the.  The appeal must be handled 
expeditiously.; and
H.  A judicial review decision, pursuant to section 3317.
Sec. 15.  15 MRSA §3405, sub-§2, as amended by PL 2015, c. 100, §5, is further 
amended to read:
2.  Record on appeals.  In appeals taken pursuant to section 3402, subsection 1, 
paragraphs A and, B and H, review must be on the basis of the record of the proceedings 
in juvenile court the Juvenile Court.  In the interest of justice, the Supreme Judicial Court 
may order that the record consist of:
COMMITTEE AMENDMENT “      ” to H.P. 1208, L.D. 1684
COMMITTEE AMENDMENT
A.  The untranscribed sound recording of the proceedings; or
B.  An agreed or settled statement of facts with the consent of the parties.
Sec. 16.  34-A MRSA §3805, sub-§1, as amended by PL 1999, c. 583, §31, is 
further amended to read:
1.  Eligibility.  Only a juvenile, as defined in Title 15, section 3003, subsection 14, 
who is 11 years of age or older at the time of commitment may be committed to the 
facility pursuant to this subchapter and Title 15, Part 6.  
This subsection is repealed October 1, 2021.
Sec. 17.  34-A MRSA §3805, sub-§1-A is enacted to read:
1-A.  Eligibility.  Beginning October 1, 2021, only a juvenile, as defined in Title 15, 
section 3003, subsection 14, who is 12 years of age or older at the time of commitment 
may be committed to the facility pursuant to this subchapter and Title 15, Part 6.
Sec. 18.  Appropriations and allocations.  The following appropriations and 
allocations are made.
CORRECTIONS, DEPARTMENT OF 
Long Creek Youth Development Center 0163
Initiative: Establishes and provides funding for one Assistant Classifications Officer 
position due to an anticipated increase in the number of trips to the court system.
Long Creek Youth Development Center 0163
Initiative: Provides funding for 16 hours of anticipated overtime to transport officers for 
an anticipated increase in the number of trips to the court system.
Long Creek Youth Development Center 0163
Initiative: Provides funding for one additional transportation vehicle. 
GENERAL FUND
2019-20
2020-21
POSITIONS - LEGISLATIVE COUNT
0.000
1.000
Personal Services
$0
$43,567
GENERAL FUND TOTAL
$0
$43,567
GENERAL FUND
2019-20
2020-21
Personal Services
$0
$28,163
GENERAL FUND TOTAL
$0
$28,163
COMMITTEE AMENDMENT “      ” to H.P. 1208, L.D. 1684
COMMITTEE AMENDMENT
' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment replaces the bill and does the following.
1.  It amends the definition of "juvenile" as used in the Maine Juvenile Code to 
include a person 18 years of age or older who had been adjudicated as a juvenile during 
the period of a disposition that includes probation and commitment to the Department of 
Corrections beyond that person's 18th birthday.
2.  It establishes that the Juvenile Court has jurisdiction over proceedings in which a 
juvenile had attained 12 years of age at the time of the offense, effective October 1, 2021.
3.  It requires the Juvenile Court to assign counsel to a juvenile when a detention 
order is reviewed.
4.  It authorizes the Juvenile Court to appoint counsel for a juvenile upon the filing of 
a petition.
5.  It requires the Juvenile Court to appoint counsel upon a disposition ordering a 
juvenile to the Department of Corrections juvenile correctional facility, but permits the 
court to appoint counsel at any point beginning with the juvenile's detention.
6.  It adds 2 considerations that must be accorded weight against ordering placement 
in a secure facility: whether the juvenile was under 14 years of age at the time of the 
crime; and whether the adjudication is for a juvenile crime that would be a Class D or E 
crime if it were an adult crime and was not reduced from a crime that was charged as 
Class A, B or C.
7.  It adds to the already existing review in the Maine Revised Statutes, Title 15, 
section 3315 a requirement that the juvenile have counsel.  It allows courts to require the 
Department of Corrections, the Department of Health and Human Services, or both, to 
demonstrate the reasonableness of the current treatment or placement provided or offered 
if an appropriate treatment or an appropriate less restrictive alternative placement is not 
being provided.  It also allows such judicial reviews for individuals who are 18 to 20 
years of age.
GENERAL FUND
2019-20
2020-21
All Other
$0
$2,640
GENERAL FUND TOTAL
$0
$2,640
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS
2019-20
2020-21
GENERAL FUND
$0
$74,370
DEPARTMENT TOTAL - ALL FUNDS
$0
$74,370
COMMITTEE AMENDMENT “      ” to H.P. 1208, L.D. 1684
COMMITTEE AMENDMENT
8.  It allows a juvenile to request a hearing under Title 15, section 3317 and to 
petition for a reduction of a period of commitment and authorizes the court to reduce the 
period of commitment or probation.  A juvenile may request this hearing only once every 
days absent extraordinary circumstances.
9.  It allows a court to limit commitment to less than one year.
10.  It allows for appeal of hearings pursuant to Title 15, section 3317.
11.  It raises the age at which a juvenile may be committed to Long Creek Youth 
Development Center to 12 years of age beginning October 1, 2021.
12.  It adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)
Approved: 07/31/20
LD 1684
LR 1572(02)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Net Cost (Savings)
General Fund
$0
$74,370
$151,265
$156,615
Appropriations/Allocations
General Fund
$0
$74,370
$151,265
$156,615
Correctional and Judicial Impact Statements
Fiscal Detail and Notes
Any additional costs to the Maine Commission on Indigent Legal Services as a result of this bill are expected to be 
minor and can be absorbed within existing budgeted resources.
The bill makes several changes to the laws regarding the Right of Counsel and Due Process for Juveniles. As a result 
of these changes, the Department of Corrections (DOC) anticipates it will make two additional trips per week 
transporting juveniles to and from the court system. The bill includes a General Fund appropriation to the DOC of 
$74,370 in fiscal year 2020-21 to fund an additional assistant classifications officer, overtime pay for transport 
officers and funding for one additional transportion vehicle.
This bill will neither increase nor decrease the number of new cases. 
This bill may increase administrative costs and the workload of judicial and clerk staff, but the Courts do not require 
additional funding at this time.
Fiscal Note
An Act To Clarify the Right to Counsel for Juveniles and Improve Due Process for Juveniles
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Judiciary
Fiscal Note Required: Yes
LR1572(02) - Fiscal Note - Page 1 of 1