Sec. A-1. 15 MRSA §3203-A, sub-§1, ¶C, as amended by PL 1997, c. 645, §6, is further amended to read:
C. In cases under Title 5, section 200-A, the law enforcement officer shall immediately notify the juvenile caseworker and the Department of the Attorney General. In all other cases the law enforcement officer shall immediately notify the juvenile caseworker if the law enforcement officer believes that immediate secure detention is required. If the juvenile caseworker determines not to order the detention or continued detention of the juvenile, the caseworker shall inform the law enforcement officer and the attorney for the State prior to the juvenile's release. The attorney for the State, with or without a request from a law enforcement officer, shall consider the facts of the case, consult with the juvenile caseworker who made the initial determination, consider standards for detention under subsection 4, paragraph C and subsection 4, paragraph D, subparagraphs (1) to (6) and may order detention or continued detention of the juvenile under the same or any authorized conditions pending the juvenile's initial appearance before the court. If detention or continued detention is ordered, the detention placement must be made by the juvenile caseworker within 12 hours following the juvenile's arrest.
Sec. A-2. 15 MRSA §3203-A, sub-§2, ¶A, as amended by PL 1997, c. 752, §8, is further amended to read:
A. When a juvenile is arrested, the law enforcement officer or the juvenile caseworker shall notify the legal custodian of the juvenile without unnecessary delay and inform the legal custodian of the juvenile's whereabouts, the name and telephone number of the juvenile caseworker who has been contacted and, if a juvenile has been placed in a secure detention facility, that a detention hearing will be held within 48 24 hours following this placement, excluding Saturday, Sunday and legal holidays.
Sec. A-3. 15 MRSA §3203-A, sub-§3, as amended by PL 1991, c. 493, §4, is further amended to read:
3. Law enforcement officer's report. An officer who notifies a juvenile caseworker pursuant to subsection 1, paragraph A or B shall file a brief written report with the juvenile caseworker, stating the juvenile's name, date of birth and address; the name and address of the juvenile's legal custodian; and the facts that led to the notification, including the offense that the juvenile is alleged to have committed. The report must contain sufficient information to establish the jurisdiction of the Juvenile Court.
A report of a notification pursuant to subsection 1, must be filed within 24 hours of the notification, excluding nonjudicial days. When a juvenile caseworker orders the conditional release of a juvenile and a report of the notification is not filed with the juvenile caseworker within 15 days, excluding nonjudicial days, the juvenile caseworker shall review the conditions imposed at the time of the release. Following the review, the juvenile caseworker may lessen or eliminate the conditions.
The date on which the report is received by the juvenile caseworker is the date of referral to the juvenile caseworker for an intake assessment.
Sec. A-4. 15 MRSA §3203-A, sub-§4, ¶E, as amended by PL 1997, c. 645, §7, is further amended to read:
E. If a juvenile caseworker or an attorney for the State orders a juvenile detained, the juvenile caseworker who ordered the detention or the attorney for the State who ordered the detention shall, within 24 hours, excluding nonjudicial days, petition the Juvenile Court for a review of the detention in time for the detention hearing to take place within 24 hours following the detention, unless the juvenile caseworker who ordered the detention or the attorney for the State who ordered the detention has ordered the release of the juvenile prior to the expiration of the 24-hour period. The juvenile caseworker who ordered the detention or the attorney for the State who ordered the detention may order the release of the juvenile anytime prior to the detention hearing. If the juvenile is so released, a detention hearing may not be held.
Sec. A-5. 15 MRSA §3203-A, sub-§5, as amended by PL 1997, c. 645, §8 and c. 752, §9, is repealed and the following enacted in its place:
5. Detention hearing. Upon petition by a juvenile caseworker who ordered the detention or an attorney for the State who ordered the detention, the Juvenile Court shall review the decision to detain a juvenile within 24 hours following the detention, excluding Saturday, Sunday and legal holidays.
A. A detention hearing must precede and must be separate from a bind-over or adjudicatory hearing. Evidence presented at a detention hearing may include testimony, affidavits and other reliable hearsay evidence as permitted by the court and may be considered in making any determination in that hearing.
B. Following a detention hearing, a court shall order a juvenile's release, in accordance with subsection 4, unless it finds, by a preponderance of the evidence, that continued detention is necessary to meet one of the purposes of detention provided in that subsection. The Juvenile Court shall ensure, by appropriate order, that any such continued detention is otherwise in accordance with the requirements of subsection 4.
C. Continued detention may not be ordered unless the Juvenile Court determines that there is probable cause to believe that the juvenile has committed a juvenile crime.
Sec. A-6. 15 MRSA §3301, sub-§1, ¶A, as enacted by PL 1977, c. 520, §1, is amended to read:
A. Decide that no further action requiring ongoing supervision is not required, either in the interests of the public or of the juvenile;
Sec. A-7. 15 MRSA §3301, sub-§5, ¶A, as amended by PL 1989, c. 502, Pt. A, §41, is further amended to read:
A. Decide that no further action requiring ongoing supervision is not required either in the interests of the public or of the juvenile. If the juvenile caseworker determines that the facts in the report prepared for the caseworker by the referring officer pursuant to section 3203-A, subsection 3, are sufficient to file a petition, but in the caseworker's judgment the interest of the juvenile and the public will be served best by providing the juvenile with services voluntarily accepted by the juvenile and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated, the juvenile caseworker may refer the juvenile for that care and treatment and not request that a petition be filed;
Sec. A-8. 15 MRSA §3301, sub-§6-A, as enacted by PL 1997, c. 421, Pt. A, §3, is amended to read:
6-A. Records confidential. Except as otherwise provided in this Title, information contained in records pertaining to a juvenile against whom a juvenile petition has not been filed is confidential unless the juvenile, and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated, has given informed written consent to the disclosure of the records.
This subsection does not preclude the release of the identity of a juvenile on conditional release pursuant to section 3203-A or on informal adjustment pursuant to this section to a criminal justice agency for the administration of juvenile criminal justice.
Sec. A-9. 15 MRSA §3314, sub-§2, as amended by PL 1997, c. 752, §21, is further amended to read:
2. Suspended disposition. The court may impose any of the dispositional alternatives provided in subsection 1, and may suspend its disposition and place the juvenile on a specified period of probation that is subject to such provisions of Title 17-A, section 1204 as the court may order and that is administered pursuant to the provisions of Title 34-A, chapter 5, subchapter IV, except that in no case may the court impose the condition set out in Title 17-A, section 1204, subsection 1-A. The court may impose as a condition of probation that a juvenile must reside outside the juvenile's home in a setting satisfactory to the juvenile caseworker if the court determines that reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile's home and that continuation in the juvenile's home would be contrary to the welfare of the juvenile. Imposition of such a condition does not affect the legal custody of the juvenile.
Revocation of probation is governed by the procedure procedures contained in Title 17-A, sections 1205, 1205-A and 1206, except that the provisions of Title 17-A, section 1205, subsections 4 and 5 requiring a preliminary hearing and Title 17-A, section 1206, subsection 7-A does do not apply, provided that ; however, a disposition under subsection 1, paragraph F may be modified to a disposition under subsection 1, paragraph H. If a motion for revocation of probation is filed with the court and if the juvenile is being detained pending the court hearing for an alleged violation of probation, the court shall review within 5 days of the filing of the motion 48 hours following the detention, excluding Saturdays, Sundays and legal holidays, the decision to detain the juvenile, if the court has not previously reviewed the decision. Following that review, the court shall order the juvenile's release unless the court finds that there is probable cause to believe that the juvenile has violated a condition of probation and finds, by a preponderance of the evidence, that continued detention is necessary to meet one of the purposes of detention under section 3203-A, subsection 4, paragraph C.
Sec. A-10. 15 MRSA §3315, sub-§3, as amended by PL 1997, c. 464, §2, is further amended to read:
3. Court review of determination. Whenever a court makes a determination pursuant to section 3314, subsection 1, paragraph F or section 3314, subsection 2, that determination must be reviewed by the court not less than once every 12 months until the juvenile is discharged or no longer residing outside the juvenile's home. This review does not affect a juvenile's commitment to a Department of Corrections juvenile correctional facility.
Sec. A-11. 34-A MRSA §4104, sub-§1, as enacted by PL 1991, c. 400, is repealed.
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