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A.__A detention hearing must precede and must be separate from | a bind-over or adjudicatory hearing.__Evidence presented at a | detention hearing may include testimony, affidavits and other | reliable hearsay evidence as permitted by the court and may be | considered in making any determination in that hearing. |
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| B.__Following a detention hearing, a court shall order a | juvenile's release, in 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 | detention provided in that subsection.__The Juvenile Court | shall ensure, by appropriate order, that any such continued | detention is otherwise in accordance with the requirements | of subsection 4. |
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| C.__Continued detention may not be ordered unless the | Juvenile Court determines that there is probable cause to | believe that the juvenile has committed a juvenile crime. |
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| | Sec. 36. 17-A MRSA §15, sub-§1, ķA, as repealed and replaced by PL | 1997, c. 393, Pt. A, §17 and c. 464, §3, is repealed and the | following enacted in its place: |
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| A.__Any person who the officer has probable cause to believe | has committed or is committing: |
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| (2)__Any Class A, Class B or Class C crime; |
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| (3)__Assault while hunting; |
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| (4)__Any offense defined in chapter 45; |
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| (5)__Assault, criminal threatening, terrorizing or | stalking, if the officer reasonably believes that the | person may cause injury to others unless immediately | arrested; |
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| (5-A)__Assault or reckless conduct if the officer | reasonably believes that the person and the victim are | family or household members, as defined in Title 15, | section 321; |
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| (6)__Theft as defined in section 357, when the value of | the services is $2,000 or less if the officer | reasonably believes that the person will not be | apprehended unless immediately arrested; |
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