CHAPTER 507

S.P. 688 - L.D. 1771

An Act To Amend the Maine Criminal Code and Various

Provisions Related to Juveniles

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §6004, as amended by PL 2005, c. 328, §1, is further amended to read:

§6004. Juvenile violations

Notwithstanding other provisions of law, a person who has not attained 18 years of age and who is convicted of a crime for a violation of a provision of this Part that is not defined as a juvenile crime under Title 15, section 3103, subsection 1 may not be sentenced to imprisonment but may be committed ordered to serve a period of confinement in a Department of Corrections juvenile correctional facility for a period of detention that may not exceed 30 days, which may be suspended in whole or in part, if the court determines that:

1. Crime. The crime is one that, if committed by a person who has attained 18 years of age, would carry a mandatory term of imprisonment that may not be suspended;

2. Nature. The aggravated nature and seriousness of the crime warrants a period of detention confinement; or

3. History. The record or previous history of the defendant warrants a period of detention confinement.

The court is not required to impose a period of detention