LD 1496
pg. 2
Page 1 of 4 PUBLIC Law Chapter 180 Page 3 of 4
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LR 1963
Item 1

 
reliable hearsay evidence as permitted by the Juvenile Court Judge
or justice of the peace.__If the evidence does not establish such
probable cause, the Juvenile Court Judge or justice of the peace
shall order the juvenile's discharge from detention.

 
Sec. 4. 15 MRSA §3203-A, sub-§5, śC, as repealed and replaced by PL
1999, c. 127, Pt. A, §32 and c. 260, Pt. A, §5, is amended to
read:

 
C. Continued detention may not be ordered unless a Juvenile
Court Judge or justice of the peace has determined pursuant
to subsection 4-A or the Juvenile Court determines at the
detention hearing that there is probable cause to believe
that the juvenile has committed a juvenile crime.

 
Sec. 5. 15 MRSA §3203-A, sub-§9, as amended by PL 1999, c. 624, Pt. B,
§6, is further amended to read:

 
9. Violation of conditions of release. Upon notification
that a juvenile has intentionally or knowingly violated a
condition of release, whether imposed by a court or a juvenile
community corrections officer, a juvenile community corrections
officer or a law enforcement officer may apply to the Juvenile
Court for a warrant of arrest.

 
A law enforcement officer or juvenile community corrections
officer having probable cause to believe that a juvenile has
violated a condition of release may arrest the juvenile without a
warrant.

 
Following the arrest of a juvenile by a law enforcement officer
for violation of a condition of release, the law enforcement
officer shall immediately notify the juvenile community
corrections officer. The juvenile community corrections officer
shall either direct the release of the juvenile with or without
imposing different or additional conditions for release of the
juvenile or shall revoke release and order the juvenile detained
in accordance with subsection 4, paragraphs C and D.

 
If different or additional conditions of release are imposed, the
juvenile may request the Juvenile Court to review the conditions
pursuant to subsection 10. The review of additional or different
conditions must include a hearing to determine if the
preponderance of the evidence indicates that the juvenile
intentionally or knowingly violated a condition of release.

 
If detention is ordered, the provisions of subsections 4-A and 5
apply.


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