LD 1369
pg. 11
Page 10 of 23 An Act to Transfer Responsibility for Youth Corrections from the Department of ... Page 12 of 23
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LR 1751
Item 1

 
D.__To call one or more witnesses, which right may not be
unreasonably withheld or restricted;

 
E.__To question any witness who testifies at the hearing,
which right may not be unreasonably withheld or restricted;

 
F.__To be represented by counsel substitute as prescribed in
the rules adopted by the commissioner under this section;
and

 
G.__The juvenile is entitled to appeal the final
disposition, before imposition of punishment, to the
Superintendent.

 
A record must be maintained of all disciplinary complaints,
hearings, proceedings and dispositions.__If, at any stage of the
proceedings, the juvenile is cleared of the charges in a
complaint or the complaint is withdrawn, all documentation
relating to the complaint must be expunged.

 
§8906.__Observation

 
1.__Generally.__When the behavior of a juvenile residing at
the Maine Youth Center presents a high likelihood of imminent
harm to that juvenile or to others, presents a substantial and
imminent threat of destruction of property or demonstrates a
proclivity to be absent from the center without leave as
evidenced by a stated intention to escape from the center or by a
recent attempted or actual escape from any detention or
correctional facility, the juvenile may be placed under
observation if the juvenile demonstrates that anything less
restrictive would be ineffectual for the control of the
juvenile's behavior.

 
2.__Conditions.__Placing a juvenile under observation is
subject to this subsection.

 
A.__Placement under observation must first be approved by
the Superintendent of the Maine Youth Center.

 
B.__The conditions under which a juvenile is placed under
observation must conform with all applicable federal and
state standards relating to the health and safety of clients
in correctional facilities.

 
C.__Placement under observation may not exceed the period of
time necessary to alleviate and prevent the reoccurrence of
the behavior described in subsection 1 and it may not be
used as punishment.


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