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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. |
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| | | Sec. 4. 15 MRSA §3203-A, sub-§5, śC, as repealed and replaced by PL | | 1999, c. 127, Pt.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: |
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| | | 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. |
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| | | Sec. 5. 15 MRSA §3203-A, sub-§9, as amended by PL 1999, c. 624, Pt. B, | | §6, is further amended to read: |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | If detention is ordered, the provisions of subsections 4-A and 5 | | apply. |
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