LD 1369
pg. 8
Page 7 of 23 An Act to Transfer Responsibility for Youth Corrections from the Department of ... Page 9 of 23
Download Bill Text
LR 1751
Item 1

 
Youth Center each fiscal year to the joint standing committee of
the Legislature having jurisdiction over corrections matters.__The
annual accounting must include total income for the year, total
expenditures for the year, anticipated capital and operating
expenditures from these accounts in the next fiscal year and
balances in the accounts.__Nothing in this subsection may change
the nature of these accounts as internal management tools.

 
§8904.__Confidentiality of information

 
1.__Limited disclosure.__All orders of commitment, medical and
administrative records, applications and reports, and facts
contained in them, pertaining to any person receiving services
from the department, must be kept confidential and may not be
disclosed by any person, except that public records must be
disclosed in accordance with Title 1, section 408, criminal
history record information may be disseminated in accordance with
Title 16, chapter 3, subchapter VIII, and documents, other than
those documents pertaining to information obtained by the
department for the purpose of evaluating a juvenile's ability to
participate in a community-based program or from informants in a
correctional facility for the purpose of determining whether
facility rules have been violated, or a victim's request for
notice of release, may, and must upon request, be disclosed:

 
A.__To any person, if the person receiving services, that
person's legal guardian, if any, and, if that person is a
minor, that person's parent or legal guardian, gives
informed written consent to the disclosure of the documents
referred to in this subsection after being given the
opportunity to review the documents sought to be disclosed;

 
B.__To any state agency if necessary to carry out the
statutory functions of that agency;

 
C.__If ordered by a court of record, subject to any
limitation in the Maine Rules of Evidence, Rule 503;

 
D.__To any criminal justice agency if necessary to carry out
the administration of criminal justice, the administration
of juvenile criminal justice or for criminal justice agency
employment;

 
E.__To persons engaged in research if:

 
(1)__The research plan is first submitted to and
approved by the commissioner;

 
(2)__The disclosure is approved by the commissioner;
and


Page 7 of 23 Top of Page Page 9 of 23