LD 1936
pg. 1
LD 1936 Title Page An Act to Modify the Juvenile Code with Regard to the Service of Juvenile Summo... Page 2 of 2
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LR 2174
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §3301, sub-§5, ¶B, as amended by PL 1997, c. 421, Pt.
A, §2, is further amended to read:

 
B. Make whatever informal adjustment is practicable without
a petition. The juvenile caseworker may effect whatever
informal adjustment is agreed to by the juvenile and the
juvenile's parents, guardian or legal custodian if the
juvenile is not emancipated, including a restitution
contract with the victim of the crime and the performance of
community service. Informal adjustments may extend no longer
than 6 months and may not be commenced unless:

 
(1) The juvenile caseworker determines that the juvenile
and the juvenile's parents, guardian or legal
custodian, if the juvenile is not emancipated, were
advised of their constitutional rights, including the
right to an adjudicatory hearing, the right to be
represented by counsel and the right to have counsel
appointed by the court if indigent;

 
(2) The facts establish prima facie jurisdiction, except
that any admission made in connection with this
informal adjustment may not be used in evidence against
the juvenile if a petition based on the same facts is
later filed; and

 
(3) Written consent to the informal adjustment is obtained
from the juvenile and the juvenile's parents, guardian
or legal custodian if the juvenile is not emancipated;
or

 
Sec. 2. 15 MRSA §3301, sub-§5, ¶C, as amended by PL 1997, c. 350, §1,
is further amended to read:

 
C. If the juvenile caseworker determines that the facts are
sufficient for the filing of a petition, the juvenile
caseworker may shall request the prosecuting attorney to
file a petition. If this alternative is chosen, the
juvenile caseworker shall issue and may serve a summons in
accordance with section 3304. If the juvenile caseworker
does not make service before requesting the prosecuting
attorney to file a petition, the juvenile caseworker shall
request a law enforcement officer to serve the summons in
accordance with section 3304. ; or

 
Sec. 3. 15 MRSA §3301, sub-§5, ¶D is enacted to read:


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