LD 3
pg. 11
Page 10 of 26 An Act to Correct Errors and Inconsistencies in the Laws of Maine Page 12 of 26
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LR 163
Item 1

 
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.

 
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.

 
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.

 
Sec. 36. 17-A MRSA §15, sub-§1, ķA, as repealed and replaced by PL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 A, §17 and c. 464, §3, is repealed and the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:

 
A.__Any person who the officer has probable cause to believe
has committed or is committing:

 
(1)__Murder;

 
(2)__Any Class A, Class B or Class C crime;

 
(3)__Assault while hunting;

 
(4)__Any offense defined in chapter 45;

 
(5)__Assault, criminal threatening, terrorizing or
stalking, if the officer reasonably believes that the
person may cause injury to others unless immediately
arrested;

 
(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;

 
(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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