LD 1771
pg. 2
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LR 3016
Item 1

 
confinement notwithstanding that there is a mandatory term of
imprisonment applicable to a person who has attained 18 years of
age.

 
Any period of detention confinement must be served
concurrently with any other period of detention confinement
previously imposed and not fully discharged or imposed on the
same date. Any period of detention confinement 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. If the court suspends the period of detention
confinement in whole or in part, the court shall impose a period
of administrative release not to exceed one year. The
administrative release must be administered pursuant to Title 17-
A, chapter 54-G, and revocation of the administrative release is
governed by the provisions of that chapter.

 
Sec. 2. 12 MRSA §8004, as amended by PL 2005, c. 328, §2, is
further amended to read:

 
§8004. 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
confinement notwithstanding that there is a mandatory term of
imprisonment applicable to a person who has attained 18 years of
age.

 
Any period of detention confinement must be served


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