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| Sec. A-3. 15 MRSA §3203-A, sub-§5, śC, as amended by PL 2003, c. 180, §4, | | is further amended to read: |
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| | | C. Continued detention or conditional release 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. A-4. 15 MRSA §3306-A, as amended by PL 2001, c. 696, §2, is | | further amended to read: |
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| | | §3306-A. Release or detention at first appearance |
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| | | At the juvenile's first appearance or at any subsequent | appearance before the court, the court may order, pending further | appearances before the court, | release, conditioned | | accordance with section 3203-A. Unless the court orders | | otherwise, any juvenile put on conditional release by a juvenile | | community corrections officer remains on conditional release | | until disposition. |
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| | | Conditional release or detention may not be ordered at any | | appearance unless it has been determined by a Juvenile Court | | Judge or a justice of the peace that there is probable cause to | | believe that the juvenile has committed a juvenile crime. |
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| | | When a court orders detention or a conditional release that | | authorizes even temporarily the juvenile's removal from the | | juvenile's home or when a court allows a conditional release | | ordered by a juvenile community corrections officer that | | authorizes, even temporarily, the juvenile's removal from the | | juvenile's home to remain in effect, 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 detention | | or a conditional release or allows a conditional release to | remain in effect, which continues to be governed by section 3203- | A |
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| | | Sec. A-5. 17-A MRSA §1204, sub-§1-B, as amended by PL 1995, c. 502, | | Pt. F, §12, is further amended to read: |
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