An Act To Limit Access to Juvenile Case Records and Protect the Confidentiality of Juvenile History Record Information
Maine Legislature, Session 130, LD 1676
Committee: Judiciary
Sponsors: TALBOT ROSS, CARNEY, BRENNAN, FECTEAU, HARNETT, MORIARTY, O'NEIL, BAILEY, LAWRENCE, SANBORN
Amends: 15 MRSA §709, 15 MRSA §712, 15 MRSA §713, 15 MRSA §3003, 15 MRSA §3009, 15 MRSA §3010, 15 MRSA §3307, 15 MRSA §3308, 15 MRSA §3308-A, 15 MRSA §3308-C, 15 MRSA §3308-D, 15 MRSA §3318-A, 15 MRSA §3506-A, 16 MRSA §803, 20-A MRSA §1055, 20-A MRSA §6001-B, 25 MRSA §2929, 34-A MRSA §1001, 34-A MRSA §1214, 34-A MRSA §1216, 34-A MRSA §3011

Legislative Document
No. 1676
H.P. 1247
House of Representatives, May 5, 2021
An Act To Limit Access to Juvenile Case Records and Protect the 
Confidentiality of Juvenile History Record Information
Received by the Clerk of the House on May 3, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: BRENNAN of Portland, Speaker FECTEAU of Biddeford, HARNETT of 
Gardiner, MORIARTY of Cumberland, O'NEIL of Saco, Senators: BAILEY of York, 
LAWRENCE of York, SANBORN of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §709, sub-§1-B, as enacted by PL 2011, c. 507, §1, is repealed.
Sec. 2.  15 MRSA §709, sub-§1-C, as enacted by PL 2015, c. 470, §6, is amended 
to read:
1-C.  Administration of juvenile justice.  "Administration of juvenile justice" has the 
same meaning as in section 3308‑A 3003, subsection 1, paragraph A 1-A.
Sec. 3.  15 MRSA §712, sub-§2, as amended by PL 2015, c. 470, §8, is further 
amended to read:
2.  Investigative officers.  It is not a violation of this chapter for an investigative 
officer, or for another employee of the Department of Corrections authorized to exercise 
law enforcement powers as described in Title 34‑A, section 3011, to intercept, disclose or 
use that communication in the normal course of employment while engaged in any activity 
that is related to the administration of criminal justice as defined in Title 16, section 703, 
subsection 1 for the purposes of the Criminal History Record Information Act or as defined 
in Title 16, section 803, subsection 2 for the purposes of the Intelligence and Investigative 
Record Information Act; or while engaged in any activity that is related to the 
administration of juvenile justice; or while engaged in any activity that is related to the 
administration of juvenile criminal justice if:
A.  Either the sender or receiver of that communication is a person residing in an adult 
or juvenile correctional facility administered by the Department of Corrections; and
B.  Notice of the possibility of interception is provided in a way sufficient to make the 
parties to the communication aware of the possibility of interception, which includes:
(1)  Providing the resident with a written notification statement;
(2)  Posting written notification next to every telephone at the facility that is subject 
to monitoring; and
(3)  Informing the recipient of a telephone call from the resident by playing a 
recorded warning before the recipient accepts the call.
This subsection does not authorize any interference with the attorney-client privilege.
Sec. 4.  15 MRSA §713, sub-§2, as amended by PL 2015, c. 470, §10, is further 
amended to read:
2.  Contents obtained under this chapter.  The contents of an interception of any oral 
communication or wire communication that has been legally obtained pursuant to section 
712, subsection 2 or 3 are admissible in the courts of this State, subject to the Maine Rules 
of Evidence, if related to the administration of criminal justice as defined in Title 16, 
section 703, subsection 1 for the purposes of the Criminal History Record Information Act 
or as defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and 
Investigative Record Information Act; the administration of juvenile justice; the 
administration of juvenile criminal justice; or the statutory functions of a state agency.
Sec. 5.  15 MRSA §3003, sub-§1-A is enacted to read:
1-A.  Administration of juvenile justice.  "Administration of juvenile justice" means 
activities related to the anticipation, prevention, detection, monitoring or investigation of 
known, suspected or possible juvenile crimes and 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.  "Administration of juvenile justice" 
includes the collection, storage and dissemination of juvenile case records and juvenile 
intelligence and investigative record information relating to the administration of juvenile 
justice.
Sec. 6.  15 MRSA §3003, sub-§19-C is enacted to read:
19-C.  Order of adjudication.  "Order of adjudication" means any document, 
including but not limited to a judgment and commitment order including conditions of 
juvenile probation if imposed, any dismissal form or any written order that constitutes the 
final disposition of a juvenile petition.
Sec. 7.  15 MRSA §3003, sub-§28 is enacted to read:
28.  Victim.  "Victim" has the same meaning as in Title 17-A, section 2101, subsection 
2.
Sec. 8.  15 MRSA §3009, sub-§2, as amended by PL 2003, c. 205, §3, is further 
amended to read:
2.  Release of information.  Upon the request of the superintendent or the 
superintendent's designee under subsection 1, the Department of Corrections shall release 
information as authorized under section 3308 3308-C, subsection 7 4, paragraph B‑1 C, 
subparagraph (3) and Title 34‑A, section 1216, subsection 1, paragraph F to be used by the 
reintegration team.  Information received pursuant to this subsection is confidential and 
may not be further disseminated, except as otherwise provided by law.
Sec. 9.  15 MRSA §3010 is enacted to read:
§3010.  Dissemination of juvenile history record information by a Maine criminal 
justice agency
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Confidential juvenile history record information" means all juvenile history record 
information except public juvenile history record information.
B.  "Criminal justice agency" has the same meaning as in Title 16, section 703, 
subsection 4. 
C.  "Dissemination" has the same meaning as in Title 16, section 703, subsection 6.  
D.  "Executive order" has the same meaning as in Title 16, section 703, subsection 7.
E.  "Juvenile history record information" means information of record collected by a 
criminal justice agency or at the direction of a criminal justice agency or kept in the 
custody of a criminal justice agency that connects a specific, identifiable juvenile with 
formal involvement in the juvenile justice system either as a person accused of or 
adjudicated as having committed a juvenile crime. "Juvenile history record 
information" includes, but is not limited to, identifiable descriptions or notations of:  
summonses and arrests; detention; petitions charging a juvenile with a juvenile crime 
or any disposition stemming from such charges; post-plea or post-adjudication 
disposition; execution of and completion of any disposition alternatives imposed; 
release and discharge from involuntary commitment; any related pretrial and post-trial 
appeals; collateral attacks; and petitions for and warrants of pardons, commutations, 
reprieves and amnesties. "Juvenile history record information" does not include 
information of record of civil proceedings, including traffic infractions and other civil 
violations or juvenile intelligence and investigative record information as defined in 
section 3308-A, subsection 1, paragraph E.  As used in this paragraph, "formal 
involvement in the juvenile justice system either as a person accused of or adjudicated 
as having committed a juvenile crime" means being within the jurisdiction of the 
juvenile justice system commencing with arrest, summons, referral to a juvenile 
community corrections officer, preliminary investigation or filing of a juvenile petition 
with the Juvenile Court and concluding with the completion of any informal adjustment 
agreement or the completion of any disposition entered by the Juvenile Court.  
F.  "Public juvenile history record information" means information indicating that a 
juvenile has been adjudicated as having committed a juvenile crime that would 
constitute murder or a Class A, B or C crime if the juvenile adjudicated were an adult 
and any resulting disposition imposed. 
2.  Juvenile history record information confidential.  Except as provided in 
subsection 3, juvenile history record information is confidential and not open to public 
inspection, and does not constitute public records as defined in Title 1, section 402, 
subsection 3.  
3.  Juvenile history record information pertaining to adjudications.  
Notwithstanding subsection 2, if a juvenile has been adjudicated as having committed a 
juvenile crime that would constitute murder or a Class A, B or C crime if the juvenile 
adjudicated were an adult, then that adjudication and any resulting disposition imposed, but 
no other related juvenile history record information, may be disclosed publicly.  
4.  Dissemination of juvenile history record information by Maine criminal justice 
agency.  A Maine criminal justice agency, whether directly or through any intermediary, 
may disseminate confidential juvenile history record information only to: 
A.  Another criminal justice agency for the purpose of the administration of juvenile 
justice, the administration of criminal justice or criminal justice agency employment; 
B.  Any person for any purpose when expressly authorized by a statute, court rule, court 
decision or court order containing language specifically referring to confidential 
juvenile history record information or one or more of the types of confidential juvenile 
history record information; or  
C.  A public entity for purposes of international travel, such as issuing visas and 
granting of citizenship.   
5.  Required inquiry to State Bureau of Identification.  A Maine criminal justice 
agency, other than a court, shall query the Department of Public Safety, State Bureau of 
Identification before disseminating any confidential juvenile history record information for 
a noncriminal justice purpose to ensure that the most up-to-date disposition information is 
being used.  For purposes of this subsection, "noncriminal justice purpose" means a purpose 
other than for the administration of juvenile justice, the administration of criminal justice 
or criminal justice agency employment. 
6.  Unlawful dissemination of confidential juvenile history record information.  
Any person who intentionally or knowingly disseminates confidential juvenile history 
record information commits a civil violation for which a fine of not more than $1,000 may 
be adjudged.  The District Court has jurisdiction over violations under this subsection.
Sec. 10.  15 MRSA §3307, as amended by PL 2019, c. 525, §16, is further amended 
to read:
§3307.  Publicity and record Disclosure of juvenile's identity
1-A.  Disclosure of juvenile's identity.  A law enforcement officer, officer of the court, 
juvenile community corrections officer or other representative of the Department of 
Corrections may not disclose the identity of any juvenile until a petition is filed charging 
the juvenile with a juvenile crime described in subsection 2 open to public inspection 
pursuant to section 3308-C, subsection 2, paragraph A, B or C.  This section does not 
preclude the 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, or, if the victim is a minor, to the victim's parent or parents, 
guardian or legal custodian, to a criminal justice agency for the administration of juvenile 
justice or to the Department of Health and Human Services if necessary to carry out the 
statutory functions of that department, regardless of whether a petition has been or will be 
filed.
This section does not preclude the disclosure of the identity of a juvenile on conditional 
release pursuant to section 3203-A or on informal adjustment pursuant to section 3301 to 
a criminal justice agency for the administration of juvenile justice, or to the Department of 
Health and Human Services if necessary to carry out the statutory functions of that 
department.
1-B.  Disclosure of juvenile's identity to victim.  Upon request, the identity of a 
juvenile subject to Juvenile Court proceedings must be disclosed by the Juvenile Court to:
A.  The victim;
B.  If the victim is a minor, the 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 or attorney representing the 
victim.
2.  Certain hearings public. 
A.  Once a petition is filed, the general public may not be excluded from a proceeding 
on a juvenile crime that would constitute murder or a Class A, Class B or Class C crime 
if the juvenile involved were an adult; from a proceeding on a juvenile crime that would 
constitute a Class D crime if the juvenile involved were an adult and the juvenile has 
previously been adjudicated of committing a juvenile crime that would constitute a 
Class D or higher class crime not arising from the same underlying transaction; or from 
a subsequent dispositional hearing in such cases.
B.  The general public is excluded from all other juvenile hearings and proceedings, 
except that a juvenile charged with a juvenile crime that would constitute murder or a 
Class A, Class B or Class C offense and with a juvenile crime that would constitute a 
juvenile's first Class D offense or Class E offense or with conduct described in section 
3103, subsection 1, paragraph B, C or E, arising from the same underlying transaction 
may elect to have all charges adjudicated in one hearing, and, when a juvenile does so 
elect, the general public is not excluded from that hearing.
3.  Record.  A verbatim record shall must be made of all detention, bind over, 
adjudicatory and dispositional hearings.
Sec. 11.  15 MRSA §3308, as amended by PL 2019, c. 525, §17, is repealed.
Sec. 12.  15 MRSA §3308-A, sub-§1, ¶A, as enacted by PL 2013, c. 267, Pt. D, 
§1, is repealed.
Sec. 13.  15 MRSA §3308-A, sub-§1, ¶C-1 is enacted to read:
C-1.  "Dissemination" has the same meaning as in Title 16, section 703, subsection 6.
Sec. 14.  15 MRSA §3308-A, sub-§2, as amended by PL 2019, c. 525, §19, is 
further amended to read:
2.  Information part of juvenile case records.  To the extent juvenile intelligence and 
investigative record information has been made part of the juvenile case records, 
dissemination of that juvenile intelligence and investigative record information by the court 
having actual custody of the juvenile case records must be as provided by section 3307 and 
section 3308 3308-C, subsection 4.
Sec. 15.  15 MRSA §3308-A, sub-§3, ¶B-2 is enacted to read:
B-2.  A governmental agency or subunit of a governmental agency in this State or 
another state that pursuant to statute is responsible for investigating abuse, neglect or 
exploitation of children or a governmental agency in this State or another state 
responsible for the licensing of child care facilities, family child care providers or 
children's camp programs or their employees;
Sec. 16.  15 MRSA §3308-A, sub-§3, ¶D, as amended by PL 2019, c. 525, §21, is 
further amended by amending subparagraph (2) to read:
(2)  A court order pursuant to section 3307 or 3308 3308-C.
Sec. 17.  15 MRSA §3308-A, sub-§4, as enacted by PL 2019, c. 525, §22, is 
amended 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, 
paragraphs B, B-1, B-2 and D 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;
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;
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.
Sec. 18.  15 MRSA §3308-A, sub-§7 is enacted to read:
7.  Unlawful dissemination of confidential juvenile intelligence and investigative 
record information.  Any person who intentionally or knowingly disseminates 
confidential juvenile intelligence and investigative record information commits a civil 
violation for which a fine of not more than $1,000 may be adjudged.  The District Court 
has jurisdiction over violations under this subsection.
Sec. 19.  15 MRSA §3308-C is enacted to read:
§3308-C.  Confidentiality of juvenile case records
1.  Confidentiality.  Juvenile case records are confidential and may not be disclosed, 
disseminated or inspected except as expressly authorized by this Part.  Juvenile case records 
open to public inspection may be inspected only at the courthouse.  The court may not 
disseminate any juvenile case records, including those open to public inspection, to the 
public in any manner, including by any paper or electronic means.  
2.  Juvenile petitions open to public inspection.  Unless Juvenile Court proceedings 
are suspended pursuant to section 3318-A, subsection 5, the following juvenile petitions 
are open to public inspection:
A.  Any juvenile petition alleging a violation of Title 17-A, section 201, 202 or 203 if 
the juvenile charged had attained 13 years of age at the time of the alleged juvenile 
crime, if:  
(1)  The juvenile had a first appearance with respect to the petition in the Juvenile 
Court at least 30 days prior to the request for inspection of the petition; and  
(2)  The Juvenile Court has found there is probable cause to believe the juvenile 
committed a juvenile crime that would be a violation of Title 17-A, section 201, 
or 203 if the juvenile involved were an adult.
If the juvenile had not attained 13 years of age at the time of the alleged violation of 
Title 17-A, section 201, 202 or 203, the Juvenile Court may allow public inspection of 
the juvenile petition pursuant to paragraph C; 
B.  Any juvenile petition alleging a juvenile crime that would constitute a Class A 
crime if committed by an adult if the juvenile charged had attained 13 years of age at 
the time of the alleged juvenile crime, if: 
(1)  The juvenile had a first appearance with respect to the petition in the Juvenile 
Court at least 30 days prior to the request for inspection of the petition; and 
(2) The Juvenile Court has found there is probable cause to believe the juvenile 
committed a juvenile crime that would be a Class A crime if the juvenile involved 
were an adult. 
If the juvenile had not attained 13 years of age at the time of the juvenile crime that 
would constitute a Class A crime if committed by an adult, the Juvenile Court may 
allow public inspection of the juvenile petition pursuant to paragraph C.  
A petition open to public inspection under this paragraph may be made confidential 
and not open to public inspection if, upon written request by a person to the Juvenile 
Court, and after notice to the juvenile and the juvenile's parent or parents, guardian or 
legal custodian, the attorney for the juvenile and the office of the prosecuting attorney, 
and after a hearing in which the Juvenile Court considers the purposes of this Part, the 
juvenile's and alleged victim's interest in privacy, the nature of the juvenile crime 
alleged and the characteristics of the juvenile and public safety concerns as outlined in 
section 3101, subsection 4, paragraph D, the court determines that the general public's 
right to information does not substantially outweigh the juvenile's interest in privacy; 
and
C.  Any petition alleging a juvenile crime that would constitute murder or a Class A 
crime if committed by an adult and the juvenile charged had not attained 13 years of 
age at the time of the alleged juvenile crime, or any petition alleging a juvenile of any 
age committed a juvenile crime that would constitute a Class B or C crime if committed 
by an adult, if:
(1)  The juvenile had a first appearance with respect to the petition in the Juvenile 
Court at least 30 days prior to the request for inspection of the petition; 
(2)  A written request is filed by any person with the Juvenile Court requesting that 
the juvenile petition be open to public inspection;
(3)  The Juvenile Court has found there is probable cause to believe the juvenile 
committed a juvenile crime that would constitute murder, a violation of Title 17-A, 
section 204 or a Class A, B or C crime if the juvenile involved were an adult; and
(4)  After notice to the juvenile and the juvenile's parent or parents, guardian or 
legal custodian, the attorney for the juvenile, the office of the prosecuting attorney 
and the individual or entity requesting the juvenile petition be open to public 
inspection and a hearing in which the Juvenile Court considers the purposes of this 
Part, the alleged victim's interest in privacy, the nature of the juvenile crime alleged 
and the characteristics of the juvenile and public safety concerns as outlined in 
section 3101, subsection 4, paragraph D, the court determines that the general 
public's right to information substantially outweighs the juvenile's interest in 
privacy.
In a juvenile petition alleging multiple juvenile crimes, the juvenile crime that would 
constitute the highest class of crime if the juvenile were an adult determines whether the 
petition is open to public inspection.
The Juvenile Court shall redact the names and identifying information of any alleged minor 
victims prior to the inspection of a juvenile petition.
If a request to allow public inspection of a petition under this subsection has been filed, the 
Juvenile Court shall advise the juvenile and the juvenile's parent or parents, guardian or 
legal custodian that the request has been made and shall advise them of the juvenile's right 
to be represented by counsel.  The court may not allow the public to inspect a juvenile 
petition pursuant to paragraph C until authorized by court order.
3.  Orders of adjudication open to public inspection.  Orders of adjudication for any 
juvenile crime that would constitute murder or a Class A, B or C crime if the juvenile 
involved were an adult are open to public inspection.  Orders of adjudication for all other 
juvenile crimes are confidential and not open to public inspection. When an order of 
adjudication reflects adjudications for both a juvenile crime that would constitute murder 
or a Class A, B or C crime if the juvenile involved were an adult and another juvenile crime 
or crimes not constituting murder or a Class A, B or C crime if the juvenile involved were 
an adult, information regarding any additional juvenile crimes must be redacted before 
allowing public inspection of the order of adjudication. 
4.  Dissemination of information contained in juvenile case records.  The following 
provisions apply to the dissemination of information contained in juvenile case records.
A.  For purposes of this subsection, unless the context otherwise indicates, the 
following terms have the following meanings.
(1) "Administration of criminal justice" has the same meaning as in Title 16, 
section 703, subsection 1.
(2) "Criminal justice agency" has the same meaning as in Title 16, section 703, 
subsection 4.
(3) "Juvenile intelligence and investigative record information" has the same 
meaning as in section 3308-A, subsection 1, paragraph E.
B.  Nothing in this section precludes sharing of any information contained in juvenile 
case records by one criminal justice agency with another criminal justice agency for 
the purpose of administration of criminal justice, administration of juvenile justice or 
criminal justice agency employment. 
C.  Nothing in this section precludes dissemination of any information contained in 
juvenile case records 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 superintendent 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 only for the purpose of creating 
or maintaining an individualized plan for the juvenile's rehabilitation, including 
reintegration into a school.
Any information received under this paragraph is confidential and may not be further 
disclosed or disseminated, except as otherwise provided by law.
D.  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 juvenile, the person's legal 
guardian, if any, and, if the person is a minor, the person's parent or parents, guardian 
or legal custodian have given informed written consent to the dissemination of the 
juvenile case records. 
E.  Except as expressly authorized by this section, juvenile intelligence and 
investigative record information, 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 and may not be disclosed or disseminated except with the 
consent of the Juvenile Court. 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.
The Juvenile Court may not order the disclosure, dissemination or inspection of 
juvenile case records unless the juvenile, the juvenile's parent or parents, guardian or 
legal custodian and either 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 paragraph, the Juvenile 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. 
F.  When a juvenile who is adjudicated as having committed 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 resides, works or attends school and to 
the superintendent of any school 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 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 that 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. 
G.  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 any agency to which 
legal custody of the juvenile was transferred as a result of an adjudication.  Juvenile 
case records must 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.
5.  Victim access to juvenile case records.  Notwithstanding confidentiality 
provisions of this section, the juvenile petition and order of adjudication may be inspected 
by:
A.  The victim;
B.  If the victim is a minor, the 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 or attorney representing the 
victim.
Notwithstanding any provision of this section to the contrary, juvenile case records must 
be open to inspection by or may be disseminated to the Victims' Compensation Board 
established in Title 5, section 12004-J, subsection 11 if a juvenile is alleged to have 
committed an offense upon which an application to the board is based.
6.  Access to juvenile case records by other persons.  With the consent of the Juvenile 
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, excluding the names of the juvenile and 
the juvenile's parent or parents, guardian or legal custodian, 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.
7.  Order following determination that juvenile case records are open to public 
inspection, disclosure or dissemination.  Following a determination that a juvenile 
petition, order of adjudication or other juvenile case records are open to public inspection, 
disclosure or dissemination under this section, the Juvenile Court shall enter an order 
specifying which juvenile case records may be inspected, disclosed or disseminated and 
identifying the individual or agency granted access to those juvenile case records.  The 
Juvenile Court may restrict the further disclosure, dissemination or inspection of the 
juvenile case records in any manner the court determines necessary or appropriate.
8.  Records to Secretary of State.  Whenever a juvenile has been adjudicated as having 
committed a juvenile crime involving the operation of a motor vehicle, or when the Juvenile 
Court has ordered a disposition pursuant to section 3314, subsection 3, 3-A, or 3-B that 
includes suspension of the juvenile's right to operate a motor vehicle, the court shall 
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 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 driver's license or permit to operate a motor 
vehicle, right to operate a motor vehicle or right to apply for or obtain a driver's license.
9.  Transmission of information about a committed juvenile.  Information regarding 
a juvenile committed to the custody of the Department of Corrections or the custody of the 
Department of Health and Human Services must be provided as follows.
A.  The Juvenile 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 pertinent to the care and treatment of the juvenile.
B.  The Department of Corrections or the Department of Health and Human Services 
shall provide the Juvenile Court with any information concerning the juvenile 
committed to either department's custody that the court at any time may request.
10.  Juvenile case records sealed.  This subsection governs the sealing of juvenile 
case records of a person adjudicated as having committed a juvenile crime.
A.  A person adjudicated as having committed a juvenile crime that, if the juvenile 
were an adult, would constitute murder or a Class A, B or C crime or operating under 
the influence as defined in Title 29-A, section 2411 may petition the Juvenile Court to 
seal from public inspection all juvenile case records pertaining to the juvenile crime 
and its disposition and any prior juvenile case records and their dispositions if:  
(1)  At least 3 years have passed since the person's discharge from the disposition 
ordered for that juvenile crime;
(2)  Since the date of disposition, the person has not been adjudicated as having 
committed a juvenile crime and has not been convicted of committing a crime; and
(3)  There are no current adjudicatory proceedings pending for a juvenile or other 
crime.
B.  The Juvenile Court may grant the petition filed under paragraph A if the court finds 
that the requirements of paragraph A are satisfied, unless the court finds that the general 
public's right to information substantially outweighs the juvenile's interest in privacy.  
The juvenile has a right to appeal the court's denial of the juvenile's petition to seal as 
provided in chapter 509.
C.  At the time a person adjudicated to have committed a juvenile crime other than a 
crime listed in paragraph A is finally discharged from the disposition imposed for that 
juvenile crime, the court, upon receipt of appropriate notice of the discharge, shall 
immediately enter an order sealing from public inspection all records pertaining to the 
juvenile crime and its disposition.  Appropriate notice that the juvenile is discharged 
from the disposition:
(1)  Must be provided to the court by the Department of Corrections if the juvenile's 
disposition involved either commitment to the custody of a Department of 
Corrections juvenile correctional facility, a period of confinement not to exceed 30 
days or any suspended disposition with a period of probation;
(2)  Must be provided to the court by the office of the prosecuting attorney if 
disposition included restitution, community service or a restorative justice event 
and the court ordered that proof of completion of the obligation be provided to the 
office of the prosecuting attorney; or
(3)  May be provided to the court by the juvenile or the juvenile's attorney.  If the 
notice is provided by the juvenile or the juvenile's attorney, the juvenile or the 
juvenile's attorney shall serve a copy of the notice on the office of the prosecuting 
attorney before the court may enter the order sealing the juvenile case records.
D.  Notwithstanding subsections 2 and 3, subsection 4, paragraphs C, D and F and 
subsections 5 and 6, a court order sealing juvenile case records pursuant to this 
subsection permits only the following persons to have access to the sealed juvenile case 
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 person's designee.
E.  A copy of the court's written order certifying its granting of the juvenile's petition 
to seal juvenile case records pursuant to paragraph B or its order of immediate sealing 
pursuant to paragraph C must be provided to the Department of Public Safety, State 
Bureau of Identification if the adjudication is for a juvenile crime the criminal records 
of which are maintained by the State Bureau of Identification pursuant to Title 25, 
section 1541.  The State Bureau of Identification or the appropriate agency upon receipt 
of the order shall promptly update its records relating to each of the juvenile 
adjudications included in the order.
F.  A person whose juvenile case records are sealed pursuant to this subsection may 
respond to inquiries from other than the courts and criminal justice agencies about that 
person's 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.  The sealing 
of a person's juvenile case records does not remove or otherwise affect the prohibition 
against that person's possessing a firearm pursuant to section 393. 
11.  Unlawful dissemination of confidential juvenile case record information.  Any 
person who intentionally or knowingly disseminates information contained in confidential 
juvenile case records commits a civil violation for which a fine of not more than $1,000 
may be adjudged.  The District Court has jurisdiction over violations under this subsection.
Sec. 20.  15 MRSA §3308-D is enacted to read:
§3308-D.  Confidentiality of Juvenile Court proceedings
1.  Record.  A verbatim record must be made of all Juvenile Court proceedings.
2.  Certain hearings public.  Unless proceedings on a juvenile petition are suspended 
under section 3318-A, subsection 5, the general public may not be excluded from any 
Juvenile Court hearing subsequent to the juvenile's first appearance in the Juvenile Court 
after the juvenile petition is open to public inspection under section 3308-C, subsection 2 
or from any Juvenile Court hearing on a State's motion for bind-over under section 3101, 
subsection 4.
3.  Hearings on petitions alleging multiple juvenile crimes.  When a juvenile petition 
open to public inspection under section 3308-C, subsection 2 alleges a juvenile crime that 
would constitute a Class D or Class E crime if the juvenile involved were an adult or a 
violation of section 3103, subsection 1, paragraph B or C arising from the same course of 
conduct, the Juvenile Court may order that charges alleging conduct that would be a Class 
D or Class E crime if the juvenile involved were an adult or a violation of section 3103, 
subsection 1, paragraph B or C be adjudicated in a separate hearing.  When the Juvenile 
Court so orders, the general public must be excluded from the hearing on alleged conduct 
that would constitute a Class D or Class E crime if the juvenile were an adult or a violation 
of section 3103, subsection 1, paragraph B or C.
4.  Victim presence at hearings.  Regardless of whether a Juvenile Court proceeding 
is open to the general public, the following persons may be present in court:
A.  The victim;
B.  If the victim is a minor, the victim's parent or parents, guardian or legal custodian; 
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 or attorney representing the 
victim.
Sec. 21.  15 MRSA §3318-A, sub-§5, as enacted by PL 2011, c. 282, §4, is amended 
to read:
5.  Suspension of juvenile proceedings.  Pending a competency examination, the 
Juvenile Court shall suspend the proceeding on the petition.  All juvenile case records, 
including a petition that is otherwise open to public inspection under section 3308-C, 
subsection 2, are confidential and are not subject to inspection, dissemination or release by 
the court.  The suspension remains in effect pending the outcome of a competency 
determination hearing pursuant to subsection 7.  Suspension of the proceeding does not 
affect the Juvenile Court's ability to detain or release the juvenile pursuant to section 
3203‑A, subsection 5.
Sec. 22.  15 MRSA §3318-A, sub-§7, as enacted by PL 2011, c. 282, §4, is amended 
to read:
7.  Post-examination report and hearing.  Following receipt of the competency 
examination report from the State Forensic Service examiner, the Juvenile Court shall 
provide copies of the report to the parties and hold a competency determination hearing.  
All hearings conducted pursuant to this subsection are confidential and not open to the 
general public.  Only counsel for the State, counsel for the juvenile, the juvenile, the 
juvenile's parent or parents, guardian or legal custodian, the juvenile community 
corrections officer and witnesses presenting testimony may be present in a hearing to 
determine a juvenile's competency to proceed in the Juvenile Court.  If the Juvenile Court 
finds that the juvenile is competent to proceed based upon the burden and standard of proof 
pursuant to subsection 8, the Juvenile Court shall set a time for the resumption of the 
proceedings.  If the Juvenile Court is not satisfied that the juvenile is competent to proceed, 
the Juvenile Court shall determine how to proceed pursuant to section 3318‑B.
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.
Sec. 23.  15 MRSA §3318-A, sub-§7-A is enacted to read:
7-A.  Victim may inspect final order regarding juvenile's competency.  
Notwithstanding subsection 7, the following persons may inspect the Juvenile Court's order 
pursuant to subsection 7 or order of disposition pursuant to section 3318-B, subsection 1, 
paragraph B or subsection 2, paragraph A:
A.  The victim;
B.  If the victim is a minor, the victim's parent or parents, guardian or legal custodian; 
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 or attorney representing the 
victim.
Sec. 24.  15 MRSA §3506-A, sub-§7, as enacted by PL 1989, c. 126, §2, is amended 
to read:
7.  Public proceeding; exception.  Notwithstanding section 3307, subsection 2, 
paragraph B, the The court shall may not exclude the public unless the minor or the minor's 
parent or parents, guardian or legal custodian, requests that the public be excluded and the 
minor or the minor's parent or parents, guardian or legal custodian, does not object.  If the 
public is excluded, only the parties, their attorneys, court officers and witnesses may be 
present.
Sec. 25.  15 MRSA c. 514 is enacted to read:
CHAPTER 514
CIVIL REMEDY FOR UNLAWFUL DISCLOSURE OF CONFIDENTIAL 
RECORDS, INFORMATION
§3701.  Civil actions by aggrieved persons authorized
1.  Authorization.  A person about whom confidential records or information has been 
disclosed in knowing or intentional violation of section 3010, subsection 6 or section 
3308-A, subsection 4, or that person's parent or parents, guardian or legal custodian, may 
initiate and prosecute in that person's own name and on that person's own behalf a civil 
action for the relief described in this section.
2.  Jurisdiction.  An action under subsection 1 must be instituted in the District Court 
for the county where the alleged violator resides or has a principal place of business.
3.  Relief.  A person who brings and prevails in a civil action pursuant to this section 
is entitled to injunctive relief, reimbursement of court costs and reasonable attorney's fees, 
an award of actual damages of up to $5,000 and award of punitive damages.
Sec. 26.  16 MRSA §803, sub-§3, as enacted by PL 2013, c. 267, Pt. A, §3, is 
amended to read:
3.  Administration of juvenile justice.  "Administration of juvenile justice" means 
activities relating to the anticipation, prevention, detection, monitoring or investigation of 
known, suspected or possible juvenile crimes.  "Administration of juvenile justice" includes 
the collection, storage and dissemination of intelligence and investigative information 
relating to the administration of juvenile justice has the same meaning as in Title 15, section 
3003, subsection 1-A.
Sec. 27.  20-A MRSA §1055, sub-§12, as amended by PL 2003, c. 205, §7, is 
further amended to read:
12.  Reintegration team.  Within 10 days after receiving information from the 
Department of Corrections pursuant to Title 15, section 3009, the superintendent shall 
convene a reintegration team to carry out reintegration planning pursuant to section 254, 
subsection 12.  The reintegration team must consist of the administrator of the school or 
the administrator's designee; at least one classroom teacher to whom the student will be 
assigned or who is involved in the school's student assistance team; a parent, guardian or 
custodian of the student; and a guidance counselor.  The reintegration team is entitled to 
receive the information described in Title 15, section 3308 3308-C, subsection 7 4, 
paragraph B‑1 C, subparagraph (3) and Title 34‑A, section 1216, subsection 1, paragraph 
F.  The reintegration team shall also determine, on the basis of need, which school 
employees may receive that information.
Confidentiality of the criminal justice information regarding juveniles received from the 
Department of Corrections must be ensured at all times and the information may be released 
by a member of the reintegration team 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 information.
Sec. 28.  20-A MRSA §6001-B, sub-§3-A, as amended by PL 2003, c. 205, §8, is 
further amended to read:
3-A.  Determination of status of juvenile applying for admission; discretion of 
school to accept juvenile.  If the receiving school administrative unit receives information 
under Title 15, section 3308 3308-C, subsection 7 4, paragraph B‑1 C, subparagraph (3) 
and Title 34‑A, section 1216, subsection 1, paragraph F that a student is not in compliance 
with a condition of an individualized plan for the juvenile's rehabilitation and that condition 
is relevant to the juvenile's reintegration into the school, the receiving school administrative 
unit may deny admission or participation in public school programs, facilities or activities 
as part of an equivalent instruction program pursuant to section 5021 until the school 
administrative unit is satisfied that the condition has been met.
Sec. 29.  25 MRSA §2929, sub-§2, ¶B, as amended by PL 2019, c. 339, §6, is 
further amended to read:
B.  A public safety answering point may disclose confidential information to a criminal 
justice agency, as defined in Title 16, section 803, subsection 4, for the purposes of the 
administration of criminal justice, as defined in Title 16, section 803, subsection 2, and 
the administration of juvenile justice, as defined in Title 15, section 3308‑A 3003, 
subsection 1, paragraph A 1-A, related to a 9-1-1 call;
Sec. 30.  25 MRSA §2929, sub-§4, ¶B, as amended by PL 2019, c. 339, §7, is 
further amended to read:
B.  To a criminal justice agency, as defined in Title 16, section 803, subsection 4, for 
the purposes of the administration of criminal justice, as defined in Title 16, section 
803, subsection 2, and the administration of juvenile justice, as defined in Title 15, 
section 3308‑A 3003, subsection 1, paragraph A 1-A, related to a 9-1-1 call;
Sec. 31.  34-A MRSA §1001, sub-§10-A, as amended by PL 2015, c. 470, §14, is 
further amended to read:
10-A.  Investigative officer.  "Investigative officer" means an employee of the 
department designated by the commissioner as having the authority to conduct 
investigations of crimes or juvenile crimes relating to the security or orderly management 
of a facility administered by the department and engage in any other activity that is related 
to the administration of criminal justice as defined in Title 16, section 703, subsection 1 for 
the purposes of the Criminal History Record Information Act or as defined in Title 16, 
section 803, subsection 2 for the purposes of the Intelligence and Investigative Record 
Information Act, the administration of juvenile criminal justice or the administration of 
juvenile justice and who is certified by the Board of Trustees of the Maine Criminal Justice 
Academy as a full-time law enforcement officer.
Sec. 32.  34-A MRSA §1001, sub-§21, as enacted by PL 1987, c. 633, §1, is 
repealed.
Sec. 33.  34-A MRSA §1001, sub-§22, as enacted by PL 2015, c. 470, §16, is 
amended to read:
22.  Administration of juvenile justice.  "Administration of juvenile justice" has the 
same meaning as in Title 15, section 3308‑A 3003, subsection 1, paragraph A 1-A.
Sec. 34.  34-A MRSA §1214, sub-§4, as amended by PL 2015, c. 470, §17, is 
further amended to read:
4.  Confidentiality.  Requests for action by the office must be treated confidentially 
and may be disclosed only to a state agency if necessary to carry out the statutory functions 
of that agency or to a criminal justice agency if necessary to carry out the administration of 
criminal justice as defined in Title 16, section 703, subsection 1 or the administration of 
juvenile criminal justice.  In no case may a victim's request for notice of release be disclosed 
outside the department and the office of the attorney for the State with which the request 
was filed.
Sec. 35.  34-A MRSA §1216, sub-§1, ¶D, as amended by PL 2017, c. 432, Pt. F, 
§2, is further amended to read:
D.  To any criminal justice agency if necessary to carry out the administration of 
criminal justice as defined in Title 16, section 703, subsection 1, the administration of 
criminal justice as defined in Title 16, section 803, subsection 2, the administration of 
juvenile criminal justice as defined in Title 15, section 3308, subsection 7, paragraph 
A, subparagraph (2), or the administration of juvenile justice as defined in Title 15, 
section 3308-A 3003, subsection 1, paragraph A 1-A or for criminal justice agency 
employment;
Sec. 36.  34-A MRSA §3011, sub-§1, as amended by PL 2015, c. 470, §19, is 
further amended to read:
1.  Exercise of law enforcement powers.  Investigative officers and other employees 
of the department who are certified by the Board of Trustees of the Maine Criminal Justice 
Academy as law enforcement officers may exercise the powers of other law enforcement 
officers with respect to crimes or juvenile crimes relating to the security or orderly 
management of a facility and engage in any other activity that is related to the 
administration of criminal justice as defined in Title 16, section 703, subsection 1 for the 
purposes of the Criminal History Record Information Act or as defined in Title 16, section 
803, subsection 2 for the purposes of the Intelligence and Investigative Record Information 
Act, the administration of juvenile criminal justice or the administration of juvenile justice, 
if authorized to exercise these powers by the commissioner.  These employees may issue 
administrative subpoenas, if authorized to exercise these powers by the commissioner and 
by the Attorney General or the Attorney General's designee.  These powers are in addition 
to any powers the employees may otherwise have as employees of the department.  Internal 
investigations of employees of the department must be conducted pursuant to any 
applicable collective bargaining agreement.
SUMMARY
This bill defines "confidential juvenile history record information" and "public juvenile 
history record information" and creates statutory authority governing the dissemination of 
juvenile history record information by a Maine criminal justice agency to create 
consistency between which juvenile case records may be open to public inspection at the 
courts and information that may be shared publicly by a criminal justice agency.  It provides 
a definition of "administration of juvenile justice" for all of the Maine Juvenile Code and 
amends several provisions to make consistent the use of the term "administration of 
juvenile justice" and deletes the term "administration of juvenile criminal justice."
It modifies the Maine Juvenile Code to limit access to juvenile case records maintained 
by Juvenile Courts and reorganizes existing provisions based on whether they allow 
disclosure of a juvenile's identity, allow inspection of juvenile case records, allow 
dissemination of juvenile case records or allow the general public access to Juvenile Court 
proceedings. It provides that a victim or an agent of the victim may inspect the juvenile 
petition and order of adjudication regardless of whether the general public may do so.
This bill allows automatic public inspection of a juvenile petition only if the petition 
alleges murder, felony murder or manslaughter, the juvenile has attained 13 years of age at 
the time of the offense and at least 30 days have passed since the juvenile's first appearance 
in the Juvenile Court.  A juvenile petition that alleges a juvenile who was at least 13 years 
of age when the juvenile committed a Class A crime are open to public inspection 30 days 
after the juvenile's first appearance unless the court orders the petition confidential.  A 
juvenile petition alleging that a juvenile under 13 years of age committed murder or a Class 
A crime and a petition alleging a juvenile of any age committed a Class B or Class C crime 
are confidential unless the Juvenile Court authorizes public inspection.  
A juvenile petition may be open to public inspection 30 days after the juvenile's first 
appearance in the Juvenile Court to ensure that the Juvenile Court has determined there is 
probable cause to believe the juvenile committed the crime alleged and there is no assertion 
that the juvenile is not competent to proceed in the Juvenile Court.
It provides that only orders of adjudication for juvenile crimes that would constitute 
murder or Class A, B or C crimes if the juvenile were an adult are open to public inspection 
and dissemination by a court or criminal justice agency.
It clarifies that the general public may not be excluded from any Juvenile Court 
proceeding when a juvenile petition is open to public inspection pursuant to statute or court 
order.  A victim or an agent of the victim may be present at all court proceedings regardless 
of whether the proceedings are open to the general public.
It provides for the automatic sealing of juvenile case records for crimes that, if the 
juvenile were an adult, would constitute Class D crimes, other than operating under the 
influence, or Class E crimes upon the completion of the disposition ordered by the Juvenile 
Court.  The sealing procedure would remain unchanged for Class A, Class B and Class C 
crimes and murder.
It makes all juvenile case records and all Juvenile Court proceedings confidential when 
Juvenile Court proceedings are suspended due to an assertion by the juvenile, the State or 
the court that the juvenile may not be competent to proceed in the Juvenile Court.  Juvenile 
case records and Juvenile Court proceedings remain confidential unless the Juvenile Court 
proceedings resume after the juvenile is found competent.
This bill creates a new civil cause of action for a person about whom confidential 
records or information has been disclosed in knowing or intentional violation of the Maine 
Revised Statutes, Title 15, section 3010, subsection 6 or section 3308-A, subsection 4.  A 
person who brings and prevails in such a civil action is entitled to injunctive relief, 
reimbursement of court costs and reasonable attorney's fees, an award of actual damages 
of up to $5,000 and award of punitive damages.  It also creates a new civil violation for 
which any person who intentionally or knowingly disseminates confidential juvenile 
history may be fined up to $1,000.