An Act to Amend the Mame Juvemle Code
Maine Legislature, Session 131, LD 0039
Committee Amendment CA_A_S112 (Senate)
Amends: 15 MRSA §3003, 15 MRSA §3203-A, 15 MRSA §3311-B, 15 MRSA §3314-C, 15 MRSA §3318-B

COMMITTEE AMENDMENT "A " to SP 31, L D 39, "An Act to Amend the 
Mame Juvemle Code" 
Amend the bill by stnkmg out all of sect10n 1 and msertmg the followmg 
'Sec. 1. 15 MRSA §3003, sub-§14, as amended by PL 2021, c 326, §1, is further 
amended to read 
14. Juvemle. "Juvemle" means a person who has had not attamed 18 years of age aHd 
a person 18 years of age or older durmg the penod of a dwpos1t10n that mcludes probat10n 
or commitment to a Department of Correct10ns Jw1enile fac1hty vlho vlas adjudicated 
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before 18 years of age 
Tius defimt10n does not apply to a person vlhose d1spos1t10n 
mcludes probation or conumtment to a Department of Corrections JuY1emle correet10nal 
fac1hty when that person engages m ne:-.v cnmmal conduct and 1s 18 years of age or older 
at the time of the nevi' cnmmal conduct at the time the person allegedly committed a 
mvemle cnme ' 
Amend the bill by stnkmg out all of section 2 and msertmg the followmg 
'Sec. 2. 15 MRSA §3203-A, sub-§5, as amended by PL 2021, c 326, §3, 1s further 
amended to read 
5. Detentmn hearing. The Department of Correct10ns shall notify the Juvemle Court 
when a mvemle is detamed and shall provide the court with the name and date of birth of 
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the rnvemle, the name of the arrestmg law enforcement agency, the time of arrest, a 
descnpt10n of the mvemle cnmes for which the mvemle was arrested and, 1f available, the 
current telephone number and e-mail address for the 1uvemle's parent or parents, guardian 
or legal custodian Upon petition by aJuvemle commumty corrections officer who ordered 
the detention or an attorney for the State who ordered the detention, the Juvemle Court 
shall review the decision to detam a Juvemle withm 48 hours followmg the detention, 
excludmg Saturday, Sunday and legal holidays, except that if a Juvemle is detamed 
pursuant to subsection 7, paragraph B-5, the Juvemle Court shall review the decision to 
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detam the Juvemle withm 24 hours followmg the detent10n, excludmg Saturday, Sunday 
and legal holidays If the mvemle is not emancipated and the court has been provided a 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" t) "to SP 31, L D 39 (s ... , / VJ 
telephone number or e-mail address for the mvenile's parent or parents, guardian or legal 
custodian, the Juvenile Court shall provide notice of the detention hearing to the rnvenile's 
parent or parents, guardian or legal custodian The court may conduct the detent10n hearing 
m the absence of the parent or parents, guardian or legal custodian if the court is unable to 
provide notice to the parent or parents, guardian or legal custodian or the parent or parents, 
guardian or legal custodian falls to appear after receiving notice When a petition to review 
detention is filed, the Juvenile Court shall assign counsel to represent the Juvemle The 
assignment must be reviewed at the Juvemle's first appearance before the Juvemle Court 
If a Juvenile petition with charges based on the conduct at issue m the detention hearing is 
filed, the assignment continues with respect to the petit10n to review detention but must be 
reviewed at the Juvenile's first appearance on the Juvenile petition 
A 
A detention hearing must precede and must be separate from a bmd-over or 
adJudicatory hearing 
Evidence presented at a detention hearing may include 
testimony, affidavits and other reliable hearsay evidence as permitted by the Juvenile 
Court and may be considered m makmg any determination m that hearing 
B Following a detention hearing, the Juvenile Court shall order a Juvemle's release, 
m accordance with subsection 4, unless it finds, by a preponderance of the evidence, 
that continued detention is necessary to meet one of the purposes of detent10n provided 
m that subsection The Juvenile Court shall ensure, by appropriate order, that any such 
continued detention is otherwise m accordance with the reqmrements of subsect10n 4 
The Juvenile Court may order that detent10n be continued pending further appearances 
before the Juvenile Court or pending conditional release to a setting satisfactory to the 
Juvenile community corrections officer 
C Continued detention or conditional release may not be ordered unless a Juvenile 
Court Judge or Justice of the peace has determined pursuant to subsection 4-A or the 
Juvemle Court determines at the detent10n hearing that there is probable cause to 
believe that the Juvemle has committed a Juvemle crime 
D When the Juvemle Court orders detention or a condit10nal release that authorizes, 
even temporanly, the Juvemle's removal from the Juvemle's home, the Juvemle Court 
shall determine whether reasonable efforts have been made to prevent or eliminate the 
need for removal of the Juvenile from the Juvenile's home or that no reasonable efforts 
are necessary because of the existence of an aggravating factor as defined m Title 22, 
section 4002, subsection 1-B, and whether contmuat10n m the Juvenile's home would 
be contrary to the welfare of the Juvemle This determmat10n does not affect whether 
the Juvenile Court orders detention or a conditional release, which continues to be 
governed by the other provisions of this sect10n 
Sec. 3. 15 MRSA §3311-B, sub-§1, as amended by PL 2011, c 480, §2, is further 
amended to read 
1. Imposit1on. Following the acceptance of an admission of commission of aJuvemle 
crime for which a Juvenile is eligible for a deferred disposition under section 3311-A, the 
court may order disposition deferred to a date certain or determinable and impose 
reqmrements upon the Juvenile to be m effect durmg the period of deferment that are 
considered by the court to be reasonable and appropriate to meet the purposes of the Mame 
Juvemle Code The court-imposed deferment reqmrements must include a reqmrement 
that the Juvenile refrain from conduct that would constitute a Juvemle cnme, crime or civil 
COMMITTEE AMENDMENT 
" \ 
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COMMITTEE AMENDMENT" A 
"to SP 31, LD 39 ( S-/l'i} 
v1olat1on Unless the Juvemle cnme 1s one under section 3103, subsection 1, paragraph B 
or C, the court-imposed deferment reqmrements may mclude that the JUvemle abide by 
specific cond1t1onal release reqmrements under superv1s10n by a Juvemle commumty 
corrections officer 
The court may not impose a reqmrement that the mvemle pay a 
superv1S1on fee In exchange for the deferred d1spos1t1on, the Juvemle shall abide by the 
court-imposed deferment requirements Unless the court orders otherwise, the deferment 
reqmrements are 1mmed1ately m effect ' 
Amend the bill by stnkmg out all of section 5 and msertmg the followmg 
'Sec. 5. 15 MRSA §3314-C, sub-§8 1s enacted to read 
8. Payment and collect1on of restitution. Payment of restitution by and collection 
ofrestitut10n from a mvemle must be m accordance with Title 17-A, sections 2006, 2007, 
2008, 2009, 2011, 2012, 2013, 2016, 2017 and 2018' 
Amend the bill by stnkmg out all of section 6 and msertmg the followmg 
'Sec. 6. 15 MRSA §3318-B, sub-§3 1s enacted to read 
3. Provision of reports. If, followmg the competency determmat1on hearmg provided 
m section 3318-A, subsection 7, the Juvemle Court refers the mvemle to the Commiss10ner 
of Health and Human Services for evaluation and treatment, issues an order for the 
comm1ss1oner to evaluate the mvemle or orders the mvemle mto the custody of the 
comm1ss10ner pursuant to this section, the Juvemle Court shall ensure that a copy of the 
report of the State Forensic Service exammer or any other report considered for the 
competency determmation is provided to the commissioner or the comm1ss10ner's 
des1gnee' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment makes the followmg changes to the bill 
It amends the defimt1on of 'Juvemle" under the Mame Juvemle Code as a person 
who had not attamed 18 years of age at the time the person allegedly committed a Juvemle 
cnme 
It amends the bill by changmg the reqmrement that the Juvemle Court notify the 
Juvemle's parent or parents, guardian or legal custodian of a detention hearmg to allow a 
court to conduct a detent10n hearmg m the absence of the Juvemle's parent or parents, 
guardian or legal custodian if the court is unable to provide them notice or 1f they fad to 
appear after receivmg notice 
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It prohibits courts from requmng a Juvemle under a deferred disposition to pay a 
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superv1s1on fee 
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It provides additional cross-references to restitution provisions regardmg payment 
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and collection of Juvemle restitution for a deceased v1ct1m, a victim unable to be located, 
post-conviction relief, waiver of1ssue of excessiveness and restitution for the benefit of the 
ViCtlID 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "to SP 31, LD 39 (~ r/2) 
It removes the reqmrement from the bill that the court must ensure a copy of the 
State Forensic Service examiner report or any other report is sent to the Commissioner of 
Corrections or the commissioner's designee if the Juvenile Court orders aJuvemle detained 
in a Juvenile detention facility 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved 04/14/23 feac:.. 
LD39 
LR 130(02) 
An Act to Amend the Mame Juvemle Code 
Fiscal Note for BIii as Amended by Committee Amendment ";f L s-1 / z') 
Committee: Cnmmal Justice and Pubhc Safety 
Fiscal Note Req mred Yes 
Fiscal Note 
Mmor cost increase - General Fund 
Add1t10nal costs to the Department of Correct10ns associated with this leg1slat10n can be absorbed w1thm ex1stmg 
budgeted resources 
LR0130(02) - Fiscal Note - Page 1 of 1