| 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: |
|
|