An Act Regarding the Bind-
Maine Legislature, Session 132, LD 0042
Committee Amendment CA_A_H695 (House)
Amends: 15 MRSA §3101

COMMITTEE AMENDMENT "A "to H.P. 6, L.D. 42, "An Act Regarding the Bind-
over and Detention of Juveniles" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA §3101, sub-§4, ~-2, as amended by PL 2015, c. 409, §3, is 
further amended to read: 
E-2. If Except as provided in paragraph E-3, if the Juvenile Court binds a juvenile over 
for prosecution as an adult and has directed the detention of the juvenile, if the juvenile 
attains 18 years of age and is being detained, the juvenile must be detained in an adult 
section of a jail. 
Sec. 2. 15 MRSA §3101, sub-§4, ~-3 is enacted to read: 
E-3. The following provisions govern a stay of detention of a juvenile in an adult 
section of a jail pending indictment. 
(1) The Department of Corrections may request that a juvenile who would 
otherwise be detained in an adult section of a jail be detained in a detention facility 
approved or operated by the department exclusively for juveniles, referred to in 
this paragraph as a "juvenile facility," under the following conditions: 
(a) The juvenile is ordered detained pending the return of an indictment, 
including any period of time the juvenile is detained pending an appeal of the 
order binding the juvenile over for prosecution as an adult taken following the 
issuance of the bind-over order; 
(b) The request is made to the Juvenile Court at least 14 days prior to the bind-
over hearing or, if the juvenile will not have attained 18 years of age at the time 
2 
of the hearing, at least 3 0 days prior to the juvenile attaining 18 years of age: 
and 
(c) Notice of the request is provided by the department to the prosecuting 
5 
attorney and the attorney for the juvenile. 
Page I - 132LR0170(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 6, L.D. 42 
(2) The Juvenile Court that conducts the bind-over hearing may grant a request 
made pursuant to subparagraph (1). If the request is made to the Juvenile Court 
prior to the bind-over hearing, the Juvenile Court shall include its decision in the 
bind-over order if the State's motion for bind-over is granted. If the juvenile will 
not have attained 18 years of age at the time of the hearing, and the request is made 
subsequently, the Juvenile Court shall decide whether to grant the request prior to 
the juvenile attaining 18 years of age. 
(3) The Juvenile Court shall consider the following factors in deciding whether to 
permit a bound-over juvenile to remain within a juvenile facility pending the return 
of an indictment: 
(a) Whether the juvenile's behavior at the juvenile facility creates a risk of harm 
to others at the facility: 
(b) Whether the juvenile has behavioral health needs that would be better 
addressed at the juvenile facility: and 
(c) Whether the juvenile is engaged in education or treatment programs at the 
juvenile facilicy that would be disrupted by detention in the adult section of a 
jail. 
(4) The Juvenile Court shall grant the request made pursuant to subparagraph (1) 
ifit fmds, by a preponderance of the evidence, that it would be appropriate for the 
juvenile to remain in a juvenile facility pending indictment. 
(5) If the Juvenile Court grants the request made pursuant to subparagraph (1), the 
department may at any time request that the Juvenile Court rescind the order if 
detention at a juvenile facility is no longer appropriate for the juvenile considering 
the factors described in subparagraph (3). 
( 6) A person may not be detained in a detention facility approved or operated by 
the department exclusively for juveniles if the person has attained 18 years of age 
and an indictment is returned or if the person attains 21 years of age.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and makes the following changes to the law regarding 
the Juvenile Court binding over a juvenile for prosecution as an adult and introduces 
provisions governing a juvenile's stay of detention pending indictment. 
1. It allows the Department of Corrections to request and the Juvenile Court to order 
that a juvenile be detained in a department detention facility exclusively for juveniles. In 
making that determination, the Juvenile Court must consider whether the juvenile's 
behavior at the juvenile facility creates a risk of harm to others, whether the juvenile has 
behavioral health needs that would be better served at the juvenile facility and whether the 
juvenile is engaged in education or treatment programs at the juvenile facility that would 
be disrupted by detention in the adult section of a jail. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A "to H.P. 6, L.D. 42 
2. It requires a Juvenile Court to include in its order for the bind-over hearing its 
decision regarding the stay of detention in an adult section of a jail if the request is made 
prior to the bind-over hearing. 
3. It allows for the department to request that the Juvenile Court rescind an order 
granting stay of detention at an adult facility if it is no longer appropriate for the juvenile. 
4. It clarifies that a person may not be detained in a detention facility approved or 
operated by the department exclusively for juveniles if the person has attained 18 years of 
age and an indictment has been returned or if the person attains 21 years of age. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/03/25 LRL 
LD42 
LR 170(02) 
An Act Regarding the Bind-over and Detention of Juveniles 
Fiscal Note for Bill as Amended by Committee Amendment '/J...' ( H- - (, q )) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Corrections associated with requesting that juveniles who are between 18 
and 21 years of age be detained in a de_tention facility operated by the department solely for juveniles are expected 
be minor and can be absorbed within existing budgeted resources. 
LR0l 70(02) - Fiscal Note - Page 1 of 1