| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. A-1. 15 MRSA §3203-A, sub-§1, śC, as amended by PL 1997, c. 645, | | §6, is further amended to read: |
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| | | C. In cases under Title 5, section 200-A, the law | | enforcement officer shall immediately notify the juvenile | | caseworker and the Department of the Attorney General. In | | all other cases the law enforcement officer shall | | immediately notify the juvenile caseworker if the law | | enforcement officer believes that immediate secure detention | | is required. If the juvenile caseworker determines not to | | order the detention or continued detention of the juvenile, | | the caseworker shall inform the law enforcement officer and | | the attorney for the State prior to the juvenile's release. | | The attorney for the State, with or without a request from a | | law enforcement officer, shall consider the facts of the | | case, consult with the juvenile caseworker who made the | | initial determination, consider standards for detention | | under subsection 4, paragraph C and subsection 4, paragraph | | D, subparagraphs (1) to (6) and may order detention or | | continued detention of the juvenile under the same or any | | authorized conditions pending the juvenile's initial | | appearance before the court. If detention or continued | | detention is ordered, the detention placement must be made | | within 12 hours following the juvenile's arrest. |
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| | | Sec. A-2. 15 MRSA §3203-A, sub-§3, as amended by PL 1991, c. 493, §4, | | is further amended to read: |
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| | | 3. Law enforcement officer's report. An officer who notifies | | a juvenile caseworker pursuant to subsection 1, paragraph A or B | shall file a brief written report with the juvenile caseworker, | | stating the juvenile's name, date of birth and address; the name | | and address of the juvenile's legal custodian; and the facts that | | led to the notification, including the offense that the juvenile | | is alleged to have committed. The report must contain sufficient | | information to establish the jurisdiction of the Juvenile Court. |
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| | A report of a notification pursuant to subsection 1, must be | | filed within 24 hours of the notification, excluding nonjudicial | | days. If a report is not timely filed, a conditional release of | | the juvenile becomes unconditional. |
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| | | The date on which the report is received by the juvenile | | caseworker is the date of referral to the juvenile caseworker for | | an intake assessment. |
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