LD 1498
pg. 2
Page 1 of 3 An Act To Improve Access by the Department of Corrections to Federal Funds unde... Page 3 of 3
Download Bill Text
LR 1962
Item 1

 
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.

 
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. Whenever a
revocation of probation results in the imposition of a
disposition under subsection 1, paragraph F or a period of
detention under subsection 1, paragraph H, the court shall
determine whether 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 whether
continuation in the juvenile's home would be contrary to the
welfare of the juvenile.__This determination does not affect
whether the court orders a particular disposition upon a
revocation of probation. 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. Whenever a court orders continued detention, the
court shall determine whether 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 whether continuation in the juvenile's home
would be contrary to the welfare of the juvenile.__This
determination does not affect whether the court orders
continued detention.


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