An Act To Clarify Provisions of the Maine Juvenile Code Regarding Inspection, Disclosure and Dissemination of Juvenile Case Records and To Change Gender-specific Terms
Maine Legislature, Session 129, LD 1573
Committee Amendment CA_A_H651 (House)
Amends: 15 MRSA §3003, 15 MRSA §3101, 15 MRSA §3301, 15 MRSA §3304, 15 MRSA §3306, 15 MRSA §3307, 15 MRSA §3308, 15 MRSA §3308-A, 15 MRSA §3308-B, 15 MRSA §3311, 15 MRSA §3313, 15 MRSA §3314, 15 MRSA §3316, 15 MRSA §3501, 15 MRSA §3503, 15 MRSA §3506-A, 20-A MRSA §1055

COMMITTEE AMENDMENT • .;/ ,, to H.P. 1135, L.D. 1573, Bill, "An Act To 
Clarify Provisions of the Maine Juvenile Code Regarding Inspection, Disclosure and 
Dissemination of Juvenile Case Records and To Change Gender-specific Terms" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA §3003, sub-§3, as amended by PL 1979, c. 681, §38, is further 
amended to read: 
3. Bind-over hearing. "Bin.d ovsr Bind-over hearing" means a hearing at which the 
Juvenile Court determines whether ~ 
to permit the State to proceed against a juvenile 
as iflw the juvenile were an adult. 
Sec. 2. 15 MRSA §3003, sub-§§4-C, 4-D and 5-A are enacted to read: 
4-C. Court-generated information. "Court-generated information" means records, 
information and documents created by the Juvenile Court to document activity in a case, 
including docket entries and other similar records. 
4-D. Disclosure. "Disclosure" means the transmission of information contained in 
juvenile case records by any means, including orally, in writing or electronically, upon 
request. 
5-A. Dissemination. "Dissemination" means release of, transmission in any manner 
of and access to information contained in juvenile case records expressly authorized by 
statute. executive order, court rule, court decision or court order. 
Sec. 3. 15 MRSA §3003, sub-§6, as enacted by PL 1977, c. 520, §1, is amended 
to read: 
6. Emancipation. "Emancipation" means the release of a juvenile from the legal 
control of hi& the juvenile's parents. 
Sec. 4. 15 MRSA §3003, sub-§8, as enacted by PL 1977, c. 520, §1, is amended 
to read: 
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8. Guardian. "Guardian" means a person lawfully invested with the power, and 
charged with the duty, of taking care of the .1!: person and managing the property and 
rights of another the person, who, because of age, is considered incapable of 
administering his the person's own affairs. 
Sec. 5. 15 MRSA §3003, sub-§10-A is enacted to read: 
10-A. Inspection. "Inspection" means access to and review of juvenile case records 
in a manner prescribed by the Supreme Judicial Court. "Inspection" does not include 
disclosure or dissemination of juvenile case records. 
Sec. 6. 15 MRSA §3003, sub-§14-C is enacted to read: 
14-C. Juvenile case records. "Juvenile case records" means all records, regardless 
of form or means of transmission, that comprise a juvenile court file of an individual 
case, including, but not limited to, court-generated information, information and 
documents filed by filers, transcripts of depositions, hearings, proceedings and 
interviews, documentary exhibits in the custody of the clerk of the court, electronic 
records, videotapes and records of other proceedings filed with the clerk of the court. 
"Juvenile case records" does not include administrative or operational records of the 
judicial branch. 
Sec. 7. 15 MRSA §3003, sub-§19-B is enacted to read: 
19-B. Officer of the court. "Officer of the court" means a judicial officer, including 
a judge, an attorney or an employee of the court including a clerk or a marshal. 
Sec. 8. 15 MRSA §3003, sub-§23, as amended by PL 1979, c. 681, §2, is further 
amended to read: 
23. Probation. "Probation" means a legal status created by court order in cases 
involving a juvenile adjudicated as having committed a juvenile crime, v,rhich that 
permits the juvenile to remain in his the juvenile's own home or other placement 
designated by the Juvenile Court subject to revocation for violation of any condition 
imposed by the court. 
Sec. 9. 15 MRSA §3101, sub-§2, ~' as amended by PL 1979, c. 681, §38, is 
further amended to read: 
D. Juvenile Coutis shall have exclusive original jurisdiction over proceedings in 
which an adult is alleged to have committed a juvenile crime before attaining his 18th 
birthday 18 years of age. For purposes of such proceedings such an a proceeding 
under this paragraph, the adult shall be!§. considered a juvenile. 
Sec. 10. 15 MRSA §3101, sub-§4, ,rA, as amended by PL 1979, c. 681, §38, is 
further amended to read: 
A. When a petition alleges that a juvenile has committed an act whieh that would be 
murder or a Class A, B or C crime if committed by an adult, the court shall, upon 
request of the prosecuting attorney, continue the case for further investigation and for 
a bind-over hearing to determine whether the jurisdiction of the Juvenile Court over 
the juvenile should be waived. In the event of such IT a continuance is granted under 
this paragraph, the court shall advise the juvenile and his the juvenile's parent or 
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parents, guardian or legal custodian of the possible consequences of a bind-over 
hearing, the right to be represented by counsel, and other relevant constitutional and 
legal rights in eonneetion therewith. 
Sec. 11. 15 MRSA §3101, sub-§4, ,fG, as enacted by PL 1979, c. 512, §2, is 
amended to read: 
G. In all prosecutions for subsequent crimes, any person bound over and convicted 
as an adult shall must be proceeded against as ifhe the juvenile were an adult. 
Sec. 12. 15 MRSA §3301, sub-§6-A, as amended by PL 2005, c. 487, §1, is 
repealed. 
Sec. 13. 15 MRSA §3301, sub-§7, as amended by PL 2005, c. 507, §9, is further 
amended to read: 
7. Nonapplication of section. ~rnept for subsection 6 A., the The provisions of this 
section do not apply to a juvenile charged with either of the juvenile crimes defined in 
section 3103, subsection 1, paragraph E or F, and a petition may be filed without 
recommendation by a juvenile community corrections officer. The provisions of section 
3203-A apply in the case of a juvenile charged with either of the juvenile crimes defined 
in section 3103, subsection 1, paragraph E or F. 
Sec.14. 15 MRSA §3304, sub-§6, as enacted by PL 1977, c. 520, §1, is amended 
to read: 
6. Summons of necessary parties. The court on its own motion or on the motion of 
any party may require the appearance of any person it deems the court determines 
necessary to the action and authorize the issuance of a summons directed to sueh that 
person. Any party to the action may request the issuance of compulsory process by the 
court requiring the attendance of witnesses on his own the party's behalf or on the behalf 
of the juvenile. 
Sec. 15. 15 MRSA §3306, sub-§1, as amended by PL 1977, c. 664, §25, is 
further amended to read: 
1. Notice and appointment. 
A. At his a juvenile's first appearance before the court, the Juvenile and his the 
juvenile's parent or parents, guardian or legal custodian shall 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 shall must be advised of his the juvenile's 
right to be represented by counsel. 
B. If the juvenile requests an attorney and if he the juvenile and his the juvenile's 
parent or parents, guardian or legal custodian are found to be without sufficient 
financial means, counsel shall must be appointed by the court. 
C. The court may appoint counsel without sueh ~ request under paragraph B if it 
deems the court determines representation by counsel necessary to protect the 
interests of the juvenile. 
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COMMITTEEAMENDMENT"A "toH.P. 1135,L.D.1573 
Sec.16. 15 MRSA §3307, sub-§1-A, as amended by PL 1999, c. 624, Pt. B, §17, 
is further amended to read: 
1-A. Disclosure of identity. A law enforcement officer, officer of the court BF~ 
juvenile community conections officer or other representative of the Degartment of 
Corrections may not release disclose the identity of any juvenile until a petition is filed 
charging the juvenile with a juvenile crime described in subsection 2. This section does 
not preclude the release disclosure of the identity of a juvenile to a complainant or victim 
if a juvenile community corrections officer decides not to file a petition in accordance 
with section 3301, subsection 5, paragraph A or B or if the juvenile community 
corrections officer requests the prosecuting attorney to file a petition in accordance with 
section 3301, subsection 5, paragraph C. 
Sec. 17. 15 MRSA §3308, as amended by PL 2013, c. 267, Pt. B, §6, is further 
amended to read: 
§3308. Juvenile case records; inspection and sealing 
1. Inspeetion. No person may inspect the records of juvenile proceedings except as 
provided in this section. 
1-A. 
Confidentiality. 
Juvenile case records are confidential and may not be 
disclosed. disseminated or inspected except as expressly authorized by this Part. 
2. Hearings open to public. In the case of a hearing open to the general public 
under section 3307, the petition, the record of the hearing and the order of adjudication 
are open to public inspection, provided that any court subsequently sentencing the 
juvenile after the juvenile has become an adult may consider only murder and Class A, 
Class B and Class C offenses committed by the juvenile. The petition, the record of the 
hearing and the order of adjudication are open to inspection by the victim~ regardless of 
whether the hearing is open to the general public under section 3307,, are open to 
inspection by: 
A. The victim: 
B. If the victim is a minor, a parent or parents. guardian or legal custodian of the 
victim; and 
C. If the victim cannot act on the victim's own behalf due to death, age. physical or 
mental disease or disorder or intellectual disability or autism or other reason. an 
immediate family member. guardian, legal custodian of the victim or a licensed 
professional investigator under Title 32, chapter 89. 
3. Dissemination of juvenile case records. Records of court proceedings and of the 
other records described in subsection 5 Juvenile case records must be open to inspection 
by and, upon request. be disseminated to the juvenile, the juvenile's parent or parents, 
guardian or legal custodian, the juvenile's attorney, the prosecuting attorney and to any 
agency to which legal custody of the juvenile was transferred as a result of adjudication. 
These Juvenile case records may also be open to inspection by and. upon request, be 
disseminated to the Department of Health and Human Services prior to adjudication if 
commitment to the Department of Health and Human Services is a proposed disposition. 
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COMMITTEEAMENDMENT"fa"toH.P.1135,L.D.1573 
3-A. Disclosure of juvenile's identity to victims. The name Upon request. the 
identity of a juvenile subject to Juvenile Court proceedings shall must be made knovm 
disclosed by the Juvenile Court to ths victim of ths juvsnils crims on his rsqusst. to: 
A. The victim; 
B. If the victim is a minor, a parent or parents, guardian or legal custodian of the 
victim; or 
C. If the victim cannot act on the victim's own behalf due to death. age, physical or 
mental disease or disorder or intellectual disability or autism or other reason, an 
immediate family member, guardian, legal custodian of the victim or a licensed 
O 
professional investigator under Title 32, chapter 89. 
4. Access to juvenile case records by other persons. With the consent of the court, 
and subject to reasonable limitations to protect the identity. privacy and safety of 3rd 
parties, including, but not limited to, victims and other accused or adjudicated juveniles, 
and the interests of justice, juvenile case records of court prooeedings .. excluding the 
names of the juvenile,his and the juvenile's parent or parents, guardian, or legal 
custodian, his the juvenile's attorney or any other parties .. may be inspected by or 
disseminated to persons having a legitimate interest in the proceedings or by persons 
conducting pertinent research studies. 
5. Access to other records. Police reoords Except as otherwise authorized under 
section 3307 or this section, juvenile intelligence and investigative record information as 
defined in section 3308-A, subsection 1, paragraph E, juvenile community corrections 
officers' records and all other reports of social and clinical studies contained in juvenile 
case records may not be open to inspection or disclosed or disseminated except with 
consent of the court or except to the extent that such records, reports and studies were 
made a part of the record of a hearing that was open to the general public under section 
3307. The names and identifying information regarding any alleged victim and minors 
contained in the juvenile case records must be redacted prior to disclosure, dissemination 
or inspection. 
The court may not order the disclosure. dissemination or inspection of juvenile case 
records unless the juvenile. the juvenile's attorney or. if the juvenile does not have an 
attorney, the juvenile's attorney of record and the prosecuting attorney are given notice of 
the request and an opportunity to be heard regarding the request. In deciding whether to 
allow the disclosure, dissemination or inspection of any portion of juvenile case records 
under this subsection. the court shall consider the purposes of this Part and the reasons for 
which the request is being made and may restrict the disclosure, dissemination or 
inspection of the juvenile case records in any manner the court determines necessary or 
appropriate. The names and identifying information regarding any alleged victims and 
minors contained in the juvenile case records must be redacted prior to disclosure, 
dissemination or inspection. 
6. Records to Secretary of State. Whenever a juvenile has been adjudicated as 
having committed a juvenile crime involving the operation of a motor vehicle, the court 
shall forthvlith transmit to the Secretary of State an abstract, duly certified, setting forth 
the name of the juvenile, the offense, the date of the offense, the date of the adjudicatory 
hearing and any other pertinent facts. These juvenile case records are admissible in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1135, L.D. 1573 
evidence in hearings conducted by the Secretary of State or any of the Secretary of State's 
deputies and are open to public inspection. 
Nothing in this Part may be construed to limit the authority of the Secretary of State, 
pursuant to Title 29-A, to suspend a person's license or permit to operate a motor vehicle, 
right to operate a motor vehicle or right to apply for or obtain a license. 
7. 
Dissemination of information. 
The following provisions apply to the 
dissemination of information contained in too juvenile case records of iuvenile 
proceedings. 
A. For purposes of this subsection the following terms have the following meanings. 
(1) "Administration of criminal justice" has the same meaning as found in Title 
16, section 703, subsection 1. 
(2) "Administration of juvenile criminal justice" means activities related to the 
apprehension or summonsing, detention, conditional or unconditional release, 
informal adjustment, initial appearance, bind over, adjudication, disposition, 
custody and supervision or rehabilitation of accused juveniles or adjudicated 
juvenile criminal offenders. It includes the collection, storage and dissemination. 
of iuvenile crime infonnation juvenile case records. 
(3) "Criminal justice agency" has the same meaning as found in Title 16, section 
703, subsection 4. 
(4) "Dissemination" has the same meaning as found in Title 16. section 703. 
subsection 6. 
B. Nothing in this section precludes sharing of any information contained in the 
juvenile case records of court proceedings or other records described in subsection 5 
by one criminal justice agency with another criminal justice agency for the 
administration of criminal justice or juvenile criminal justice or for criminal justice 
agency employment. 
B-1. Nothing in this section precludes dissemination of any information contained in 
too juvenile case records of court nroceedines and in the other reeords deseribed in 
subseetion 5, if: 
(1) The juvenile has been adjudicated as having committed a juvenile crime; 
(2) The information is disseminated by and to persons who directly supervise or 
report on the health, behavior or progress of the juvenile, the superJntendent of 
the juvenile's school and the superintendent's designees, criminal justice agencies 
or agencies that are or might become responsible for the health or welfare of the 
juvenile as a result of a court order or by agreement with the Department of 
Corrections or the Department of Health and Human Services; and 
(3) The information is relevant to and disseminated for the purpose of creating or 
maintaining an individualized plan for the juvenile's rehabilitation, including 
reintegration into a school. 
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Any information received under this paragraph is confidential and may not be further 
disseminated, except as otherwise provided by law. 
C. Nothing in this section precludes dissemination of any information in the juvenile 
case records in the possession of the Department of Corrections if the person 
concerning whom the juvenile case records are sought, the person's legal guardian, if 
any, and, if the person is a minor, the person's parent or legal parents, guardian or 
legal custodian has given informed written consent to the disclosure dissemination of 
the juvenile case records. 
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. 
E. When a juvenils is charged in a juvenile petition that alleges the use or threatened 
use of physioal foroe against a person or 1.vhen a juvenile is adjudicated as having 
oommitted one or more juvenile crimes that involve the use or threatened use of 
physical force against a person, the district attorney in the district where the charges 
·were brought shall provide to the superintendent of the juvenile's school or the 
superintendent's designees: 
(1) The name of the juvenile; 
(2) The nature of the alleged offense or offense; 
(3) The date of the alleged offense or offense; 
(4) The date of the petition; 
(5) The date of the adjudication, if applicable; and 
(6) The location of the oomt v1here the ease 1.vas brought. if auulicable. 
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COMMITTEE AMENDMENT 'A "to H.P. 1135, L.D. 1573 
All iaformation provided under this paragraph is ooafidelltial and may not be further 
distributed, exoept as provided ill Title 20 ,'\., seotioa 1055, subseotioa 11. 
fuformatioa provided pursuallt to this paragraph to the superiatoodellt of the 
juvemle
1s sohool or the superillteBdeBt
1s desigaees may aot beoome part of the 
studellt
1s eduoatioa reoord. 
8. Juvenile case records sealed. This subsection governs the sealing of juvenile 
case records of a person adjudicated to have committed a juvenile crime. 
A. A person adjudicated to have committed a juvenile crime may petition the court 
to seal from public inspection all juvenile case records pertaining to the juvenile 
crime and its disposition, and to any prior juvenile case records and their dispositions 
if: 
(1) At least 3 years have passed since the person1s discharge from the disposition 
ordered for that juvenile crime; 
(2) Since the date of disposition, the person has not been adjudicated to have 
committed a juvenile crime and has not been convicted of committing a crime; 
and 
(3) There are no current adjudicatmy proceedings pending for a juvenile or other 
crime. 
B. The court may grant the petition if it finds that the requirements of paragraph A 
are satisfied, unless it finds that the general public1s right to information substantially 
outweighs the juvenile's interest in privacy. 
C. Notwithstanding subsections 3, 3-A, 4 and 5, the court order sealing the juvenile 
case records permits only the following persons to have access to the sealed records: 
(1) The courts and criminal justice agencies as provided by this section; and 
(2) The person whose juvenile case records are sealed or that person1s designee. 
D. If the petition is granted, the person may respond to inquiries from other than the 
courts and criminal justice agencies about that person1s juvenile crimes, the juvenile 
case records of which have been sealed, as if the juvenile crimes had never occurred, 
without being subject to any sanctions. 
8-A. 
Transmission of information about a committed juvenile. Information 
regarding a juvenile committed to the custody of the Department of C01Tections or the 
custody of the Department of Health and Human Services must be provided as follows. 
A. If a juvenile is committed to the custody of the Department of Corrections or the 
custody of the Department of Health and Human Services, the court shall transmit 
with the commitment order a copy of the petition, the order of adjudication, copies of 
any social studies, any clinical or educational reports and information pe1iinent to the 
care and treatment of the juvenile. 
B. The Department of Corrections or the Department of Health and Human Services 
shall provide the court with any information concerning a juvenile committed to 
either department's custody that the court at any time may request. 
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COMMITTEE AMENDMENT 'A "to H.P. 1135, L.D. 1573 
9. Victims' Compensation Board. Notwithstanding any other provision of this 
section, juvenile case records of Juvenile Court proceedings and the police records and 
other records described in subsection 5 must be open to inspection by or be disseminated 
to the Victims' Compensation Board at any time if a juvenile is alleged to have committed 
an offense upon which an application to the board is based. 
Sec. 18. 15 MRSA §3308-A, sub-§1, ,re, as enacted by PL 2013, c. 267, Pt. D, 
§ 1, is repealed. 
Sec. 19. 15 MRSA §3308-A, sub-§2, as enacted by PL 2013, c. 267, Pt. D, §1, is 
amended to read: 
2. 
Information part of juvenile case records. 
To the extent the juvenile 
intelligence and investigative record information has been made part of the ewrt juvenile 
case records of a juvenile proceeding, dissemination of that juvenile intelligence and 
investigative record information by a Maine criminal justice agenoy the court having 
actual custody of the juvenile case records must be as provided by section 3307 and 
section 3308. 
Sec. 20. 15 MRSA §3308-A, sub-§3, fB-1 is enacted to read: 
B-1. A health care provider. "Health care provider" has the same meaning as in 45 
Code of Federal Regulations, Section 160.103; 
Sec. 21. 15 MRSA §3308-A, sub-§3, ,rl), as enacted by PL 2013, c. 267, Pt. D, 
§ 1, is amended to read: 
D. A juvenile crime victim or that victim's agent or attorney if authorized by: 
(1) Statute; or 
(2) A court order pursuant to section 3307 or 3308. 
As used in this paragraph, "agent" means a licensed professional investigator or an 
immediate family member if, due to death, age, physical or mental disease, disorder 
or intellectual disability or autism, the victim cannot realistically act on the victim's 
own behalf; 
Sec. 22. 15 MRSA §3308-A, sub-§§4 to 6 are enacted to read: 
4. Dissemination of juvenile intelligence and investigative record information 
subject to reasonable limitations. 
The dissemination of juvenile intelligence and 
investigative record information by a criminal justice agency pursuant to subsection 3 is 
subject to limitations to reasonably ensure that dissemination of the information will not: 
A. Interfere with law enforcement proceedings relating to crimes; 
B. Result in public dissemination of prejudicial information concerning an accused 
person or concerning the prosecution's evidence that will interfere with the ability of 
a court to impanel an impartial jury: 
7 
C. Constitute an unwarranted invasion of personal privacy, including, but not limited 
to, the personal privacy of juveniles and victims: 
D. Disclose the identity of a confidential source: 
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COMMITTEE AMENDMENT ·A "to H.P. 1135, L.D. 1573 
E. Disclose confidential information furnished only by a confidential source; 
F. Disclose investigative techniques and procedures or security plans and procedures 
not known by the general public; 
G. Endanger the life or physical safety of any individual, including law enforcement 
personnel; 
H. Disclose information designated confidential by statute; and 
I. 
Interfere with proceedings relating to civil violations, civil enforcement 
proceedings and other civil proceedings conducted by the Department of the Attorney 
General or by a district attorney's office. 
To comply with this subsection a criminal justice agency may deny access in whole or in 
part to records that contain or constitute juvenile intelligence and investigative record 
information. A criminal justice agency also may prepare and provide redacted copies of 
such records to a person or public or private entity authorized to receive the information 
under this section. 
5. 
Secondary dissemination of confidential juvenile intelligence and 
investigative record information restricted. 
A person or public or private entity 
authorized to receive juvenile intelligence and investigative record information under this 
section may not further disseminate such information unless expressly authorized to do so 
by statute, court decision or court order. "Express authorization" means language in the 
statute, court decision or court order that specifically speaks of juvenile intelligence and 
investigative record information or specifically refers to a type of juvenile intelligence or 
investigative record. 
6. Confirming existence or nonexistence of confidential juvenile intelligence and 
investigative record information prohibited. 
A criminal justice agency may not 
confirm the existence or nonexistence of juvenile intelligence and investigative record 
information that is confidential under this section to any person or public or private entity 
that is not eligible to know of or receive the information itself. 
Sec. 23. 15 MRSA §3308-B is enacted to read: 
§3308-B. Mandatory notice to schools 
1. Mandatory notice to school administrative unit. When a juvenile is charged in 
a juvenile petition that alleges the use or threatened use of physical force against a person 
or when a juvenile is adjudicated as having committed one or more juvenile crimes that 
involve the use or threatened use of physical force against a person, the prosecuting 
attorney in the district where the charges were brought shall disseminate to the 
superintendent of the juvenile's school administrative unit or the superintendent's 
designee: 
7 
A. The name of the juvenile; 
B. The offense alleged or adjudicated; 
C. The date of the offense; 
D. The date of the petition: 
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COMMITTEE AMENDMENT 'fl "to H.P. 1135, L.D. 1573 
E. The date of the adjudication, if applicable: and 
F. The location of the court where the case was brought, if applicable. 
2. Confidentiality. Information provided under subsection 1 is confidential, may 
not be distributed except as provided in subsection 1 and in Title 20-A, section 1055, 
subsection 11 and may not be included in the juvenile's education record. 
Sec. 24. 15 MRSA §3311, sub-§1, as amended by PL 1979, c. 681, §26, is 
further amended to read: 
1. Reports as evidence. For the purpose of determining proper disposition of a 
juvenile who has been adjudicated as having committed a juvenile crime, written reports 
and other material relating to the juvenile's mental, physical and social history may be 
received by the court along with other evidencet .. but the court, if so requested by the 
juvenile, his the juvenile's parent or parents, guardian; or legal custodian or other party, 
shall require that the person who wrote the report or prepared the material appear as a 
witness and be subject to examination by the court and any party. In the absence of the 
request, the court may order the person who prepared the report or other material to 
testify if it finds that the interests of justice require it. The parent or parents, guardian or 
ether legal custodian of the juvenile shall must be informed that information for the report 
is being gathered. 
Sec. 25. 15 MRSA §3311, sub-§2, as amended by PL 1979, c. 681, §27, is 
further amended to read: 
2. Notice of right to inspect. The court shall inform the juvenile or his the juvenile's 
parent or parents, guardian or legal custodian of the right of examination eoneerning to 
inspect any written report or other material specified in subsection 1. 
Sec. 26. 15 MRSA §3313, as amended by PL 1995, c. 690, §5, is further amended 
to read: 
§3313. Criteria for withholding an institutional disposition 
1. Standard. The court shall enter an order of disposition for a juvenile who has 
been adjudicated as having committed a juvenile crime without imposing placement in a 
secure institution as disposition unless, having regard to the nature and circumstances of 
the crime and the history, character and condition of the juvenile, it finds that his the 
confinement of the juvenile is necessary for protection of the public because: 
A. There is undue risk that, during the period of a suspended sentence or probation, 
the juvenile will commit another crime; 
B. 
The juvenile is in need of correctional treatment that can be provided most 
effectively by his the juvenile's commitment to an institution; or 
C. A lesser sentence will depreciate the seriousness of the juvenile's conduct. 
2. Additional consideration. The following grounds, while not controlling the 
discretion of the court, shall must be accorded weight against ordering placement in a 
secure institution: 
A. The juvenile's conduct neither caused nor threatened serious harm; 
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COMMITTEE AMENDMENT '',4 "to H.P. 1135, L.D. 1573 
B. The juvenile did not contemplate that his the juvenile's conduct would cause or 
threaten serious harm; 
C. The juvenile acted under a strong provocation; 
D. There were substantial grounds tending to excuse or justify the juvenile's conduct, 
though failing to establish a defense; 
E. The victim of the juvenile's conduct induced or facilitated it& the commission of 
the conduct; 
F. The juvenile has made or has agreed to make restitution to the victim of his the 
juvenile's conduct for the damage or injury that the victim sustained; 
G. The juvenile has not previously been adjudicated to have committed a juvenile 
crime or has led a law-abiding life for a substantial period of time prior to the conduct 
whleh that f01med the basis for the present adjudication; 
H. The juvenile's conduct was the result of circumstances unlikely to recur; 
I. The character and attitudes of the juvenile indicate that he the juvenile is unlikely 
to commit another juvenile crime; 
J. The juvenile is particularly likely to respond affirmatively to probation; and 
K. The confinement of the juvenile would entail excessive hardship to himself the 
juvenile or hl6 the juvenile's dependents. 
3. Statement of reasons accompanying disposition for juvenile adjudicated of 
murder or a Class A, Class B or Class C crime. In a disposition for a juvenile crime 
that if committed by an adult would be murder or a Class A, Class B or Class C crime, 
the court shall state on the record and in open court the court's reasons for ordering or not 
ordering placement of the juvenile in a secure institution. 
Sec. 27. 15 MRSA §3314, sub-§1, ,A, as amended by PL 1987, c. 400, §2, is 
further amended to read: 
A. The court may allow the juvenile to remain in the legal custody of his the 
juvenile's parent or parents 01'-a, guardian or legal custodian under such conditions as 
the court may impose. Conditions may include participation by the juvenile,hi& or the 
juvenile's parent or parents or legal. guardian or legal custodian in treatment services 
aimed at the rehabilitation of the juvenile and improvement of the home environment. 
Sec. 28. 15 MRSA §3316, sub-§1, as repealed and replaced by PL 1999, c. 127, 
Pt. B, §6 and amended by PL 2003, c. 689, Pt. B, §6, is repealed. 
Sec. 29. 15 MRSA §3501, sub-§1, as enacted by PL 1977, c. 520, §1, is amended 
to read: 
1. Interim care. A juvenile may be taken into interim care by a law enforcement 
officer without order by the court when the officer has reasonable grounds to believe that: 
A. The juvenile is abandoned, lost or seriously endangered in his the juvenile's 
surroundings and that immediate removal is necessary for his the juvenile's 
protection; or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ;4 "to H.P. 1135, L.D. 1573 
B. The juvenile has left the care of his the juvenile1s parent or parents, guardian or 
legal custodian without the consent of suoh person the parent or parents, guardian or 
legal custodian. 
Sec. 30. 15 MRSA §3501, sub-§8, as repealed and replaced by PL 1981, c. 619, 
§9 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read: 
8. 
Interim care; voluntary services. The Department of Health and Human 
Services shall inform the juvenile and his family the juvenile1s parent or parents, guardian 
or legal custodian of social services and encourage them to voluntarily accept social 
services. 
Sec. 31. 15 MRSA §3503, as repealed and replaced by PL 1977, c. 664, §48, is 
amended to read: 
§3503. Juveniles; voluntary return home 
If a juvenile who has been taken into interim care under the provisions of section 
3501 and his the juvenile1s parent or parents, guardian or legal custodian agree to the 
juvenile1s return home, the parent or parents, guardian or legal custodian shall cause the 
juvenile to be transported home as soon as practicable. If the parent or parents, guardian 
or legal custodian fail fails to arrange for the transportation of the juvenile, he shall the 
juvenile must be transported at the expense of the parent or parents, guardian or legal 
custodian. 
Sec. 32. 15 MRSA §3506-A, sub-§1, as enacted by PL 1981, c. 619, §12, is 
amended to read: 
1. Petition for emancipation. If a juvenile is 16 years of age or older and refuses to 
live in the home provided by his the juvenile1s parent or parents, guardian or legal 
custodian, hs the juvenile may request the District Court in the division in which his the 
juvenile1s parent or parents, guardian or legal custodian resides to appoint counsel for him 
the juvenile to petition for emancipation. 
Sec. 33. 15 MRSA §3506-A, sub-§2, 1C, as enacted by PL 1981, c. 619, §12, is 
amended to read: 
C. The name and residence of his the juvenile
1s parent or parents, guardian or legal 
custodian. 
Sec. 34. 15 MRSA §3506-A, sub-§4, as enacted by PL 1981, c. 619, §12, is 
amended to read: 
4. Order of emancipation. The court shall order emancipation of the juvenile if it 
determines that: 
A. The juvenile has made reasonable provision for his the juvenile's room, board, 
health care and education, vocational training or employment; and 
B. The juvenile is sufficiently mature to assume responsibility for his the juvenile
1s 
own care and it is in his the juvenile
1s best interest to do so. 
Sec. 35. 20-A MRSA §1055, sub-§11, as amended by PL 2003, c. 190, §2, is 
further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/I" to H.P. 1135, L.D. 1573 
11. 
Notification teams. Within 10 days after receiving notice from a district 
attorney of an alleged juvenile offense or juvenile offense, pursuant to Title 15, section 
m 
3308-B, subsection 7, paragraph B 1 or after receiving notice from a law 
enforcement officer of credible information that indicates an imminent danger to the 
safety of students or school personnel pursuant to Title 15, section 3301-A, the 
superintendent shall convene a notification team. The notification team must consist of 
the administrator of the school building or the administrator's designee, at least one 
classroom teacher to whom the student is assigned, a parent or guardian of the student 
and a guidance counselor. The notification team is entitled to receive the information 
described in Title 15, section m 3308-B, subsection 7, paragraph B, subparagraphs (1) 
~ 
1, paragraphs A to F and in Title 15, section 3301-A. The notification team shall 
also determine on the basis of need which school employees are entitled to receive that 
information. 
Confidentiality of this criminal justice information regarding juveniles must be ensured at 
all times, and the information may be released only under the conditions of this 
subsection. The superintendent shall ensure that confidentiality training is provided to all 
school employees who have access to the inf01mation. 1 
SUMMARY 
The bill requires juvenile case records to be kept confidential and only disclosed, 
disseminated, inspected or obtained by certain parties or certain agencies or by court 
order. This amendment clarifies the disclosure, dissemination and inspection of juvenile 
case records. 
The amendment provides that when juvenile case records are inspected by or 
disseminated to anyone other than parties to the juvenile's case or victims, the court may 
impose reasonable limitations to protect the identity and safety of 3rd parties, including, 
but not limited to, victims and other accused or adjudicated juveniles, and the interests of 
justice. 
The amendment provides that the dissemination of juvenile intelligence and 
investigative record information is subject to limitations. 
It prohibits the further 
dissemination of juvenile intelligence and investigative record information unless such 
further dissemination is authorized. 
The amendment prohibits a criminal justice agency from confirming the existence or 
nonexistence of juvenile intelligence and investigative record information that is 
confidential. 
COMMITTEE AMENDMENT 
Revised: 06/19/19 feac. 
LD 1573 
LR900(02) 
An Act To Clarify Provisions of the Maine Juvenile Code Regarding Inspection, Disclosure and 
Dissemination of Juvenile Case Records and To Change Gender-specific Terms 
Fiscal Note for Bill as Amended by Committee Amendment .;J{ )/-tc; j 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fee revenue will increase General Fund and dedicated revenue by minor amounts. 
LR0900(02) - Fiscal Note - Page 1 of 1