LD 72
pg. 1
LD 72 Title Page An Act to Improve Juvenile Rehabilitation Page 2 of 3
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LR 336
Item 1

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

 
Sec. 1. 15 MRSA §3314, sub-§2, as amended by PL 2001, c. 696, §5, 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 4, except that the court may not 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 community corrections officer 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 or that no reasonable efforts are
necessary because of the existence of an aggravating factor as
defined in Title 22, section 4002, subsection 1-B, 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. Subject to the
provisions of subsections 7 and 8, the court may as a
condition of probation require the juvenile to attend a
residential special-purpose private school or similar private
facility approved by either the Department of Education or the
Department of Human Services and to comply with the rules of
such facility.

 
Modification of probation is governed by the procedures
contained in Title 17-A, section 1202, subsection 2.
Termination of probation is governed by the procedures
contained in Title 17-A, section 1202, subsection 3.
Revocation of probation is governed by the procedures
contained in Title 17-A, sections 1205, 1205-B, 1205-C and
1206, except that the provisions of those sections requiring a
preliminary hearing do not apply and those provisions of Title
17-A, section 1206, subsection 7-A allowing a vacating of part
of the suspension of execution apply only to a disposition
under subsection 1, paragraph G or H; however, a disposition
under subsection 1, paragraph F may be modified to a
disposition under subsection 1, paragraph H. If the juvenile
is being detained for an alleged violation of probation, the
court shall review within 48 hours following the detention,
excluding Saturdays, Sundays and legal holidays, the decision
to detain the juvenile. 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.


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