Sec. A-9. 34-A MRSA §3805, as amended by PL 2001, c. 354, §3, is further amended to read:

§3805. Detention and commitment

1. Eligibility. Only a juvenile, as defined in Title 15, section 3003, subsection 14, who is 11 years of age or older at the time of commitment may be committed to the facility pursuant to this subchapter and Title 15, Part 6.

2. Limitations. A person may not be detained at or committed to the facility who is blind or who is a proper subject eligible for any residential services provided by or through the Department of Behavioral and Developmental Services.

3. Certification. When a person is detained at or committed to the facility, the court making the detention or commitment shall certify on the mittimus the person's birthplace, parentage and legal residence.

Sec. A-10. 34-A MRSA §3809-A, sub-§3, as amended by PL 2003, c. 410, §15, is further amended to read:

3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client or juvenile detainee that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill. If a juvenile client or juvenile detainee is or becomes 18 years of age while still under commitment or while still detained, the statutory guardianship of the commissioner over the juvenile client or juvenile detainee terminates, but the juvenile client or juvenile detainee remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until release or discharge from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric hospitalization in accordance with Title 34-B, section 3863, unless hospitalization is made with the juvenile client's or juvenile detainee's consent in accordance with Title 34-B, section 3831. The commissioner may make application for necessary psychiatric hospitalization of a juvenile detainee, including hospitalization in a nonstate mental health institution or hospital for the mentally ill, in accordance with Title 34-B, section 3863.