An Act to Develop a Continuum of Care for Youth Involved in the Justice System and to Develop Altematives for Juveniles Incarcerated in Long Creek Youth Development Center
Maine Legislature, Session 131, LD 1779
Committee Amendment CA_A_H869 (House)
Amends: 15 MRSA §3204, 15 MRSA §3207

COMMITTEE AlvIENDMENT "f\ "to H.P. 1142, L.D. 1779, "An Act to Develop a 
Continuum of Care for Youth Involved in the Justice System and to Develop Altematives 
for Juveniles Incarcerated in Long Creek Youth Development Center" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Prevent Youth Involvement in the Juvenile Justice System by Establishing 
a Strength-based, Discretionary Juvenile Needs Assessment Program' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA §3204, as amended by PL 2019, c, 220, §§1 and 2, is further 
amended by enacting· after the 4th paragraph a new paragraph to read: 
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made to 
a law enforcement officer or juvenile community corrections officer related to dete1mining 
whether to refer the juvenile to the Department of Health and Human Services for a juvenile 
needs assessment pursuant to section 3207 are not admissible in evidence at an adjudicat01y 
hearing against that .juvenile if a petition based on the same facts is filed prior to, in 
conjunction with or subsequent to referral pursuant to section 3207. 
Sec. 2. 15 MRSA §3207 is enacted to read: 
· §3207, Diversion; juvenile needs assessment 
1. Diversion and referral. A law enforcement officer who has probable cause to 
believe that a juvenile has committed a juvenile crime or a juvenile community corrections 
officer to whom a juvenile has been referred may refer the juvenile to the Department of 
Health and Human Services, refened to in this section as "the department," for a juvenile 
needs assessment pursuant to this section. A juvenile referred to the department for a 
juvenile needs assessment may be released into the custody of the juvenile's parents, 
guardian or legal custodian at the time of referral, or anested and placed in a nonsecure 
setting or detention in accordance with section 3203-A. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "P<'' to H.P. 1142, L.D. 1779 
2. Informing of assessment; consent required. Prior to referring a juvenile to the 
department for a juvenile needs assessment pursuant to this section, a law enforcement 
officer or juvenile community corrections officer shall inform the juvenile and the 
juvenile's parents, guardian or legal custodian about the purpose and procedures of the 
juvenile needs assessment. 
A. If, after being informed, the juvenile and the juvenile's parents, guardian or legal 
custodian consent to the department's conducting the juvenile needs assessment, the 
law enforcement officer or juvenile community corrections officer shall refer the 
juvenile to the department for this purpose. 
B. If, after being infotmed, the juvenile or the juvenile's parents, guardian or legal 
custodian do not consent to the department's conducting the juvenile needs assessment, 
the law enforcement officer or juvenile community corrections officer may rep01t the 
denial of consent to the prosecutor and the Juvenile Comt to which a petition is 
submitted and proceed with arrest, detention, nonsecure placement or release of the 
juvenile into the custody of the juvenile's parents, guardian or legal custodian, as 
appropriate. 
3. Juvenile needs assessment. The juvenile needs assessment conducted by the 
department pursuant to this section must be based on and informed by high-fidelity 
wraparound principles. The assessment must be conducted by persons with comprehensive 
training in the use of the evidence-based, strength-based needs assessment instrument 
designed for holistic, comprehensive assessment of behavioral and emotional needs, child 
life functioning, child risk behaviors. ethnic and cultural factors, child strengths. caregiver 
strengths and family needs. The juvenile needs assessment must be designed to identify the 
supp01ts and services needed to promote child and family well-being and to inform the 
development of an individual wraparound plan that specifies the goals and action to be 
taken to address the medical. educational, social therapeutic or other services needed by a 
juvenile and the juvenile's family. 
4. Timing of assessment; applicability of previous assessment. The depattmentmust 
complete a juvenile needs assessment pursuant to this section within 60 days following 
referral of a juvenile to the depa1tment. If a juvenile needs assessment was completed for 
the juvenile pursuant to this section within the 6 months prior to referral, the depattment 
shall provide the referring law enforcement officer or juvenile community corrections 
officer with the report and recommendations created pursuant to subsection 5 from that 
prior assessment. 
5. Report and recommendations. After conducting a juvenile needs assessment 
pursuant to this section, the depattment shall create a rep01t outlining the scope of the 
assessment that was conducted and recommendations based on the repott. The repott and 
recommendations must be provided to the juvenile and the juvenile's parents. guardian or 
legal custodian and the law enforcement officer or juvenile community corrections officer 
who recommended referral of the juvenile to the depaitment in accordance with subsection 
.L 
6. Referral to coordination services. If the juvenile needs assessment repott pursuant 
to subsection 5 concludes that the juvenile has complex behavioral health needs and is at 
risk of residential. hospital or secure placement or is already involved in multiple service 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" Pf to H.P. 1142, L.D. 1779 
systems, the department shall refer the juvenile and juvenile's parents, guardian or legal 
custodian to high-fidelity wraparound care coordination services. 
7. Petition following assessment. If a petition is filed following a juvenile needs 
assessment conducted pursuant to this section, prior to filing the petition, the law 
enforcement officer or juvenile community corrections officer who referred the juvenile to 
the depaiiment and tl1e prosecutor filing the petition shall review the depa1iment1s report 
and recommendations created pursuant to subsection 5 to screen the juvenile for 
pa1iicipation in other available volunta1y services or diversion programs. 
8. Petition prior to assessment. A petition may be filed prior to or in conjunction with 
the juvenile's referral to the depaiiment and completion of the juvenile needs assessment 
pursuant to this section if the prosecutor or arresting law enforcement officer or juvenile 
community corrections officer who referred the juvenile to the depa1iment determines that 
there is a need to request an order from the Juvenile Cami for immediate detention or 
nonsecure placement to protect the safety of the juvenile or the public. If such a petition is 
filed and a juvenile is referred to the depa1iment for a juvenile needs assessment in 
accordance with this section, the petitioner must identify the reasons for which diversion 
was not an appropriate disposition prior to seeking comi involvement. If the petition is filed 
prior to the referral and juvenile needs assessment, and the juvenile has not had a juvenile 
needs assessment pursuant to this section in the prior 6 months, the depa1iment shall 
conduct the juvenile needs assessment and create a repoti and recommendations pursuant 
to subsection 5, The repo1i and recommendations created pursuant to this subsection are 
subject to use in adjudicato1:y proceedings in accordance with subsection 9, 
9. Use of report and recommendations in adjudicatory proceedings. Absent the 
consent of the juvenile following consultation with counsel, the rep01i and 
recommendations developed pursuant to subsection 5, any additional documents and 
records and any statements made by the juvenile or others providing information for the 
purpose of a juvenile needs assessment pursuant to this section cannot be used for any 
purpose by a law enforcement agency during any potiion of its investigation and such 
evidence is not admissible in any subsequent adjudicato1:y hearing pe1iaining to the 
juvenile. Upon any ruling made at an adjudicatory hearing, the repo1i and recommendations 
may, with the consent of the juvenile following consultation with counsel, be used at the 
dispositional hearing and subsequent hearings for the purpose of determining appropriate 
suppo1is and services for the juvenile, 
Sec. 3. Implementation stakeholder group. The Depaiiment of Health a11d 
Human Services shall convene an implementation stakeholder group to assist in the 
implementation of the juvenile needs assessment established in the Maine Revised Statutes, 
Title 15, section 3207. The group shall develop processes to educate and train relevant 
persons and entities in all matters related to the juvenile needs assessment, including the 
purpose of the juvenile needs assessment, and in procedures for its use. Relevant persons 
and entities must include, but are not limited to, law enforcement officers, law enforcement 
agencies, juvenile community corrections officers, prosecutors involved in the juvenile 
justice system, defense attorneys who represent juveniles in petition proceedings, 
behavioral health staff within the depa1iment, judges and advocates and other community 
members. Membership of the implementation stakeholder group must include, at a 
minimum, the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" {>1' to H.P. 1142, L.D. 1779 
A. The medical director of children's behavioral health services within the Depaitment 
of Health and Human Services, Office of Child and Family Services; 
B. The Associate Commissioner for Juvenile Services within the Depattment of 
Conections; 
C. A law enforcement educator; 
D. A prosecutor involved in the prosecution of juvenile crimes in this State; 
E. A defense attorney involved in representing juveniles in petition hearings in this 
State; 
F. A judge or justice with experience in juvenile justice prnceedings; 
G. A representative of a restorative justice program or other program designed to dive1t 
juveniles from the juvenile justice system; and 
H. A person with expettise and experience in promoting the interests of youths 
involved in the juvenile justice system. 
Sec. 4. 
Appropriations and allocations. The following appropriations and 
allocations are made.· 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Mental Health Services - Children Z206 
Initiative: Provides funding for contracts and training required to provide additional 
juvenile needs assessments. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2023-24 
$0 
$0 
2024-25 
$1,479,070 
$1,479,070 
Sec. 5, Effective date. That section of this Act that amends the Maine Revised 
Statutes, Title 15, section 3204 and that section of this Act that enacts Title 15, section 
3207 take effect January 1, 2026.' 
Amend the bill by relettering or renumbering any nonconsecutive Patt letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority rep01t of the committee, replaces the bill and 
changes the title. It establishes a process allowing a law enforcement officer who has 
probable cause to believe that a juvenile has committed a juvenile crime, or a juvenile 
community corrections officer to whom a juvenile has been referred, to refer the juvenile 
to the Depattment of Health and Human Services for a juvenile needs assessment designed 
to identify the suppo1ts and services needed to promote child and family well-being and 
actions to be taken to address the medical, educational, social therapeutic or other services 
needed by the juvenile and the juvenile's family. The assessment must be conducted by 
persons with comprehensive training and must be completed within 60 days following 
refenal of the juvenile to the depa1tment. If a juvenile needs assessment was completed for 
the juvenile within the 6 months prior to referral, the depa1tment must provide that repo1t 
COMMITTEE AMENDMENT 
(-lOS 
COMMITTEE AMENDMENT"/¾" to H.P. 1142, L.D. 1779 
to the law enforcement officer or juvenile community corrections officer. The amendment 
also requires that if the assessment reveals that the juvenile has complex behavioral health 
needs and is at risk or is already involved in multiple service systems, the department must 
refer the juvenile and the juvenile's family to high-fidelity wraparound care coordination 
services. 
The amendment also establishes requirements for issuing petitions regarding a juvenile 
when that petition is being issued prior to or in conjunction with a referral for a juvenile 
needs assessment and following a juvenile needs assessment. The amendment also 
establishes criteria for the use of the report and recommendations based on the juvenile 
needs assessment in adjudicatory hearings and stipulates that statements made by the 
juvenile or the juvenile's parents, guardian or legal custodian related to the juvenile needs 
assessment are not admissible as evidence in adjudicatory hearings. 
The amendment also directs the Department of Health and Human Services to establish 
an implementation stakeholder group to assist in the implementation of the juvenile needs 
assessment and train relevant persons and entities on all matters related to the juvenile 
needs assessment. 
The p01tion of the amendment establishing the implementation stakeholder group takes 
effect upon enactment of this legislation, and the p01tions of the amendment establishing 
the juvenile needs assessment become effective January 1, 2026. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/21/24 ::tPae:.. 
LD 1779 
LR 1570(02) 
An Act to Develop a Continuum of Care for Youth Involved in the Justice System and to Develop 
Alternatives for Juveniles Incarcerated in Long Creek Youth Development Center 
Fiscal Note for Bill as Amended by Committee Amendment ')t (t+-~t:/1) 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
$0 
$1,479,070 
$0 
$1,479,070 
Projections 
FY 2025-26 
$1,483,270 
$1,483,270 
Projections 
FY 2026-27 
$1,479,07/\ 
$1,479,070 
This bill includes a General Fund appropriation to the Department of Health a~d Human Services of $1,479,070 in 
fiscal year 2024-25 for contracts and training required to provide additional juvenile needs assessments. The Judicial 
Department will require a one-time General Fund appropriation of $4,200 in fiscal year 2025-26 for costs associated 
with an active retired judge covering the dockets of a judge serving on a stakeholder group. 
Additional costs to the Departments of Corrections and Public Safety associated with this legislation are expected to 
be minor and can be absorbed within existing budgeted resources.