| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §3301, sub-§5, ¶B, as amended by PL 1997, c. 421, Pt. | | A, §2, is further amended to read: |
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| | | 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: |
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| | | (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; |
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| | | (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 |
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| | | (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 |
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| | | Sec. 2. 15 MRSA §3301, sub-§5, ¶C, as amended by PL 1997, c. 350, §1, | | is further amended to read: |
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| | | 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 |
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| | | Sec. 3. 15 MRSA §3301, sub-§5, ¶D is enacted to read: |
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