LD 1771, Page 6 - 122th Legislature, SECOND REGULAR Session

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 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 except that a statement is not required to be

furnished and the day-for-day deduction must be determined by

the facility, but not to Title 17-A, section 1253, subsection

2, paragraph A, or subsection 3-B, 4, 5, 8, 9 or 10. For

purposes of calculating the commencement of the period of

~~detention~~ confinement, credit is accorded only for the portion

of the first day for which the juvenile is actually ~~detained~~

confined; the juvenile may not be released until the juvenile

has served the full term of hours or days imposed by the

court. Whenever a juvenile is committed for a period of

~~detention~~ confinement, 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 reasonable efforts are not 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~~

confinement.

Sec. 11. 15 MRSA §3319, first ś, as enacted by PL 1997, c. 752, §27, is
amended to read:

Immediately after the court orders detention or confinement in
or commitment to a juvenile facility, the court shall notify the
Commissioner of Corrections or the commissioner's designee and
shall inquire as to the juvenile facility to which the juvenile
will be transported. The commissioner has complete discretion to
make this determination. The commissioner or the commissioner's
designee shall immediately inform the court of the location of
the juvenile facility to which the juvenile will be transported.

Sec. 12. 17-A MRSA §1206, sub-§7-C, as enacted by PL 1999, c. 246, §7,
is amended to read:

7-C. The running of the period of probation is tolled upon
either the delivery of the summons, the filing of the written
notice with the court that the person can not be located or the

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