PUBLIC Law, Chapter 234, An Act To Amend the Maine Juvenile Code and Related Statutes

An Act To Amend the Maine Juvenile Code and Related Statutes

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

Sec. 1. 15 MRSA §101-C, sub-§1, as amended by PL 2009, c. 268, §2, is further amended to read:

1. Written demand for records. When a person or entity has been ordered to perform an examination or evaluation pursuant to section 101-D, a diagnostic evaluation pursuant to section 3309-A, a competency examination pursuant to 3318-A, an evaluation and treatment pursuant to section 3318-B, or an examination of a juvenile with reference to insanity or abnormal condition of mind, and the person to be examined has sought the examination, joined in a request or order for the examination or has entered a plea or answer of not criminally responsible by reason of insanity, that person or entity may make written demand upon any individual, partnership, association, corporation, institution or governmental entity to produce the records or copies of the records, in whatever medium preserved, of the subject of the examination or evaluation.

Sec. 2. 15 MRSA §3003, sub-§1, as enacted by PL 1977, c. 520, §1, is amended to read:

1. Adjudicatory hearing. "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition under chapter 507 are supported by evidence beyond a reasonable doubt that satisfies the standard of proof required.

Sec. 3. 15 MRSA §3003, sub-§9, as enacted by PL 1977, c. 520, §1, is repealed.

Sec. 4. 15 MRSA §3003, sub-§17, as amended by PL 1989, c. 113, §1, is repealed.

Sec. 5. 15 MRSA §3003, sub-§19-A is enacted to read:

19-A. Mental disease or defect. "Mental disease or defect" has the same meaning as in Title 17-A, section 39, subsection 2 except that "mental disease or defect" does not include, in and of itself, the fact that a juvenile has not attained the level of mental or emotional development normally associated with persons 18 years of age or older.

Sec. 6. 15 MRSA §3003, sub-§20, as enacted by PL 1977, c. 520, §1, is repealed.

Sec. 7. 15 MRSA §3003, sub-§22, as enacted by PL 1977, c. 520, §1, is repealed.

Sec. 8. 15 MRSA §3103-A is enacted to read:

§ 3103-A. Provisions of Title 17-A, Part 1 made applicable

The following provisions of Title 17-A, Part 1 are applicable to juvenile crimes:

1. Chapter 1. Chapter 1, except section 1; section 2, subsections 3-C and 5-B; and sections 6, 8, 9 and 17;

2. Chapter 2. Chapter 2, except section 40;

3. Chapter 3. Chapter 3, except section 60; and

4. Chapter 5. Chapter 5.

Sec. 9. 15 MRSA §3305, as amended by PL 2011, c. 336, §3, is further amended to read:

§ 3305. Answer

An answer to a petition need not be entered by a juvenile or by the juvenile's parents, guardian or legal custodian. A juvenile must personally appear, and the juvenile or the juvenile's counsel may enter an answer asserting the absence of criminal responsibility by reason of insanity or denying, admitting or not contesting the allegations of the petition, in accordance with Rules 11 and 11A, Maine Rules of Criminal Procedure, except that, if the case has been continued for investigation and for a bind-over hearing pursuant to section 3101, subsection 4, paragraph A, the court may not accept an answer to the petition other than a denial or assertion of the absence of criminal responsibility by reason of insanity until the court has conducted a bind-over hearing and has decided to retain jurisdiction of the juvenile in the Juvenile Court or until the prosecuting attorney has withdrawn the request to have the juvenile tried as an adult. An answer may be both a denial and an assertion of the absence of criminal responsibility by reason of insanity. If the juvenile or the juvenile's counsel declines to enter an answer, the court shall enter an answer of denial.

Upon the acceptance of such an answer If the court accepts an answer admitting or not contesting the allegations of the petition, a dispositional hearing shall must be set at the earliest practicable time that will allow for the completion of a predisposition study conducted pursuant to section 3311 and for service of notice as required by section 3314, subsection 1, paragraph C-1 or C-2. If the answer entered is a denial or an assertion of the absence of criminal responsibility by reason of insanity, or both, or if the court declines to accept an answer admitting or not contesting the allegations of the petition, the matter must be set for further proceedings.

Sec. 10. 15 MRSA §3315, sub-§1, as amended by PL 2001, c. 696, §6 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

1. Right to review. Every disposition pursuant to section 3314 and 3318-B, other than unconditional discharge, must be reviewed not less than once in every 12 months until the juvenile is discharged. The review must be made by a representative of the Department of Corrections unless the juvenile was has been committed to the Department custody of the Commissioner of Health and Human Services, in which case such review must be made by a representative of the Department of Health and Human Services. A report of the review must be made in writing to the juvenile's parents, guardian or legal custodian. A copy of the report must be forwarded to the program or programs that were reviewed, and the department whose personnel made the review shall retain a copy of the report in their files. The written report must be prepared in accordance with subsection 2. When a juvenile is placed in the custody of the Department Commissioner of Health and Human Services, reviews and permanency planning hearings must be conducted in accordance with Title 22, section 4038. Title 22, sections 4005, 4039 and 4041 also apply.

Sec. 11. 15 MRSA §3402, sub-§5, as amended by PL 1991, c. 202, is further amended to read:

5. Time for appeals. An appeal from the juvenile court to the Superior Court must be taken within 5 7 days of after the entry of an order of disposition or other appealed order or such further time as the Supreme Judicial Court may provide pursuant to a rule of court.

Effective 90 days following adjournment of the 126th Legislature, First Regular Session, unless otherwise indicated.

HP0782 LD 1112	PUBLIC Law, Chapter 234 on - Session - 126th Maine Legislature
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