‘An Act Regarding the Admissibility of Certain Statements of Juveniles’
| HP1011 LD 1397 |
Session - 129th Maine Legislature C "A", Filing Number H-299, Sponsored by
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LR 1576 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act Regarding the Admissibility of Certain Statements of Juveniles’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 15 MRSA §3204, first ¶, as amended by PL 1999, c. 624, Pt. B, §7, is further amended to read:
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made to a juvenile community corrections officer during the course of a preliminary investigation or made to a community resolution team under section 3301 are not admissible in evidence at an adjudicatory hearing against that juvenile if a petition based on the same facts is later filed.
Sec. 2. 15 MRSA §3204, as amended by PL 1999, c. 624, Pt. B, §7, is further amended by adding at the end the following:
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made to a juvenile community corrections officer during an informal adjustment or during a restorative justice program or made to a clinical provider during substance use disorder, sexual behavior or mental health assessment or treatment attended by the juvenile are not admissible in evidence during the State's case in chief at an adjudicatory hearing against that juvenile on a petition based on the same facts that caused the referral for informal adjustment, restorative justice, assessment or treatment.
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made during school disciplinary proceedings, including but not limited to manifestation determinations, special education meetings, suspension meetings or expulsion hearings, are not admissible in evidence during the State's case in chief at an adjudicatory hearing against the juvenile on a petition based on the same facts that caused the need for the school disciplinary proceedings.
As used in this section, "restorative justice program" means a program in which offenders take responsibility for causing harm and engage in a facilitated process with victims, family members, community members or advocates and others impacted by the harm that focuses on repairing the harm, addressing needs and preventing future harm.’
SUMMARY
This amendment replaces the bill and provides a new title. The amendment amends the Maine Juvenile Code to provide that statements of a juvenile or of a juvenile's parents, guardian or legal custodian made during an informal adjustment or during a restorative justice program or made to a clinical provider during substance use disorder, sexual behavior or mental health assessment or treatment attended by the juvenile are not admissible in evidence during the State's case in chief at an adjudicatory hearing against that juvenile on a petition based on the same facts that caused the referral for informal adjustment, restorative justice, assessment or treatment. The amendment provides for similar protections in school disciplinary proceedings. The amendment adds a definition of "restorative justice program." The amendment also retains the provision of the bill that removes a cross-reference to a provision of law regarding community resolution teams, which has been repealed.