LD 1498
pg. 1
LD 1498 Title Page An Act To Improve Access by the Department of Corrections to Federal Funds unde... Page 2 of 3
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LR 1962
Item 1

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

 
Sec. 1. 15 MRSA §3314, sub-§1, ¶H, as amended by PL 1999, c. 624, Pt.
A, §7, is further amended to read:

 
H. The court may commit the juvenile to a Department of
Corrections juvenile correctional facility and order that
the disposition be suspended or may commit the juvenile
for a period of detention that may not exceed 30 days,
with or without an underlying suspended disposition to a
Department of Corrections juvenile correctional facility,
which detention must be served concurrently with any other
period of detention previously imposed and not fully
discharged or imposed on the same date but may be served
intermittently as the court may order and must be ordered
served in a detention facility approved or operated by the
Department of Corrections exclusively for juveniles. The
court may order such a disposition to be served as a part
of and with a period of probation that is subject to such
provisions of Title 17-A, section 1204 as the court may
order and that must be administered pursuant to Title 34-
A, chapter 5, subchapter IV 4. Revocation of probation is
governed by the procedure contained in subsection 2. Any
disposition under this paragraph is subject to Title 17-A,
section 1253, subsection 2, but not to Title 17-A, section
1253, subsection 3-B, 4, 5 or 8. Whenever a juvenile is
committed for a period of detention, the court shall
determine whether reasonable efforts have been made to
prevent or eliminate the need for removal of the juvenile
from the juvenile's home or that no reasonable efforts are
necessary because of the existence of an aggravating
factor as defined in Title 22, section 4002, subsection 1-
B and whether continuation in the juvenile's home would be
contrary to the welfare of the juvenile.__This
determination does not affect whether the court orders a
commitment for a period of detention.

 
Sec. 2. 15 MRSA §3314, sub-§2, as amended by PL 2001, c. 696, §5, is
further amended to read:

 
2. Suspended disposition. The court may impose any of the
dispositional alternatives provided in subsection 1 and may
suspend its disposition and place the juvenile on a specified
period of probation that is subject to such provisions of
Title 17-A, section 1204 as the court may order and that is
administered pursuant to the provisions of Title 34-A, chapter
5, subchapter IV 4, except that the court may not impose the
condition set out in Title 17-A, section 1204, subsection 1-A.
The court may impose as a condition of probation that a
juvenile must reside outside the juvenile's home in a setting
satisfactory to the juvenile community corrections officer if
the court


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