An Act to Establish a Comprehensive Program to Divert Youth
Maine Legislature, Session 132, LD 0740
Committee: Criminal Justice and Public Safety
Sponsors: LOOKNER, LAWRENCE
Amends: 15 MRSA §3204, 15 MRSA §3207

Legislative Document
No. 740
H.P. 482
House of Representatives, February 25, 2025
An Act to Establish a Comprehensive Program to Divert Youth 
from the Criminal Justice System and Address Their Needs
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative LOOKNER of Portland.
Cosponsored by Senator LAWRENCE of York and
Representatives: BRENNAN of Portland, GATTINE of Westbrook, GRAMLICH of Old 
Orchard Beach, HASENFUS of Readfield, MCCABE of Lewiston, MILLIKEN of Blue Hill, 
Senators: BENNETT of Oxford, MOORE of Washington.
Be it enacted by the People of the State of Maine as follows:
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 determining 
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 adjudicatory 
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. Pre-petition 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, without taking the juvenile into custody and 
prior to placing the juvenile under arrest or prior to filing a petition, refer the juvenile to 
the Department of Health and Human Services, referred 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.
This section may not be construed to prohibit a law enforcement officer from taking into 
custody a juvenile who is found violating any law, whose arrest would be permissible under 
section 3201,  who is reasonably believed to be a fugitive from justice or whose 
circumstances endanger the juvenile's person or welfare unless immediate action is taken.
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 informed, 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 report the 
denial of consent to the prosecutor and the Juvenile Court 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 
supports 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 department shall 
complete a juvenile needs assessment pursuant to this section within 60 days following 
referral of a juvenile to the department. If a juvenile needs assessment was completed for 
the juvenile pursuant to this section within the 6 months prior to referral, the department 
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 department shall create a report outlining the scope of the 
assessment that was conducted with specific recommendations regarding whether a petition 
should be filed and recommendations for supports and services. The report and 
recommendations must be provided to the juvenile and the juvenile's parents, guardian or 
legal custodian, the juvenile's attorney and the law enforcement officer or juvenile 
community corrections officer who recommended referral of the juvenile to the department 
in accordance with subsection 1.
6. Referral to coordination services. If the juvenile needs assessment report 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 
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 department and the prosecutor filing the petition shall review the department's report 
and recommendations created pursuant to subsection 5 to screen the juvenile for 
participation in other available voluntary 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 department 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 department determines that 
there is a need to request an order from the Juvenile Court 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 department 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 court 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 department shall 
conduct the juvenile needs assessment and create a report and recommendations pursuant 
to subsection 5. The report and recommendations created pursuant to this subsection are 
subject to use in adjudicatory 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 report 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 portion of its investigation and such 
evidence is not admissible in any subsequent adjudicatory hearing pertaining to the 
juvenile. Upon any ruling made at an adjudicatory hearing, the report 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 
supports and services for the juvenile.
Sec. 3. Implementation stakeholder group. The Department of Health and 
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 department, judges and advocates and other community 
members. Membership of the implementation stakeholder group must include, at a 
minimum, the following:
A. The medical director of children's behavioral health services within the Department 
of Health and Human Services, Office of Child and Family Services;
B. The Associate Commissioner for Juvenile Services within the Department of 
Corrections;
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 proceedings; 
G. A representative of a restorative justice program or other program designed to divert 
juveniles from the juvenile justice system;
H. A person with expertise and experience in promoting the interests of youths 
involved in the juvenile justice system; and
I. A person with expertise and experience in child development and the developmental 
approach to juvenile justice reform.
Sec. 4.  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.
SUMMARY
This bill 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 
Department of Health and Human Services for a juvenile needs assessment designed to 
identify the supports 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 
referral of the juvenile to the department. If a juvenile needs assessment was completed for 
the juvenile within the 6 months prior to referral, the department must provide that report 
to the law enforcement officer or juvenile community corrections officer.  The bill 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 bill 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 bill 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 bill 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 portion of the bill establishing the implementation stakeholder group takes effect 
upon enactment of this legislation, and the portions of the bill establishing the juvenile 
needs assessment become effective January 1, 2026.