LD 1592
pg. 3
Page 2 of 7 An Act To Amend the Department of Corrections' Laws Pertaining to Juvenile Offe... Page 4 of 7
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LR 1964
Item 1

 
Sec. 12. 34-A MRSA §1001, sub-§11-A, as amended by PL 1997, c. 752,
§33, is further amended to read:

 
11-A. Juvenile detainee. "Juvenile detainee" means a
juvenile detained at a departmental juvenile facility pending a
court proceeding, pending a preliminary hearing under Title 17-A,
section 1205 or pursuant to Title 15, section 3314, subsection 1,
paragraph H or Title 15, section 3312, subsection 3, paragraph D.

 
Sec. 13. 34-A MRSA §3802, sub-§1, ķA, as amended by PL 1997, c. 752,
§36, is further amended to read:

 
A. To detain juveniles pending a court proceeding or
pending a preliminary hearing under Title 17-A, section
1205;

 
Sec. 14. 34-A MRSA §3809-A, sub-§3, as enacted by PL 2001, c. 517, §1,
is amended to read:

 
3. Psychiatric hospitalization. The commissioner has all the
power over a juvenile client that a guardian has over a ward and
that a parent has over a child with regard to necessary
psychiatric hospitalization, including hospitalization in a
nonstate mental health institution or hospital for the mentally
ill. If a juvenile client is or becomes 18 years of age while
still under commitment, the statutory guardianship of the
commissioner over the juvenile client terminates, but the
juvenile client remains subject to the control of the
commissioner and staff and rules of the facility until the
expiration of the period of commitment or until discharge from
the facility. Nothing in this subsection may be construed to
override the requirement to make application for psychiatric
hospitalization in accordance with Title 34-B, section 3863,
unless hospitalization is made with the juvenile client's consent
in accordance with Title 34-B, section 3831. The commissioner
may make application for necessary psychiatric hospitalization of
a juvenile detainee, including hospitalization in a nonstate
mental health institution or hospital for the mentally ill, in
accordance with Title 34-B, section 3863.

 
Sec. 15. 34-A MRSA §3810, as amended by PL 1999, c. 583, §§33 and
34, is further amended to read:

 
§3810. Community reintegration status

 
1. Commissioner's powers. During a juvenile client's
commitment to the facility, the commissioner may, at the
commissioner's discretion:

 
A. Keep the juvenile client at the facility; or


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