LD 1195
pg. 2
Page 1 of 14 An Act To Protect Women and Children from Sexual Predators by Requiring the Sta... Page 3 of 14
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LR 837
Item 1

 
5. Rules. Rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter II-A
2-A.

 
Sec. 2. 15 MRSA §3101, sub-§4, ¶C-2, as enacted by PL 1997, c. 645, §2,
is amended to read:

 
C-2. With respect to the finding of appropriateness
required by paragraph E, subparagraph (2), the State has the
burden of proof, except that in a case involving a juvenile
who is charged with one or more juvenile crimes that, if the
juvenile were an adult, would constitute murder, attempted
murder, felony murder, Class A manslaughter other than the
reckless or criminally negligent operation of a motor
vehicle, elevated aggravated assault, arson that recklessly
endangers any person, causing a catastrophe, Class A robbery
or Class A gross sexual assault rape in which the victim
submits as a result of compulsion, the juvenile has the
burden of proof.

 
Sec. 3. 15 MRSA §3308, sub-§7, ¶D, as amended by PL 1997, c. 752, §15
and PL 2003, c. 689, Pt. B, §6, is further amended to read:

 
D. When a juvenile who is adjudicated of a juvenile crime that
if committed by an adult would be gross sexual assault rape under
Title 17-A, section 253, subsection 1 is committed to a
Department of Corrections juvenile correctional facility or
placed on probation, the Department of Corrections shall provide,
while the juvenile is committed or on probation, a copy of the
juvenile's judgment and commitment to the Department of Health
and Human Services, to all law enforcement agencies that have
jurisdiction in those areas where the juvenile may reside, work
or attend school and to the superintendent of any school system
in which the juvenile attends school during the period of
commitment or probation. The Department of Corrections shall
provide a copy of the juvenile's judgment and commitment to all
licensed and registered day-care facility operators located in
the municipality where the juvenile resides, works or attends
school during the period of commitment or probation. Upon
request, the Department of Corrections shall also provide a copy
of the juvenile's judgment and commitment to other entities that
are involved in the care of children and are located in the
municipality where the juvenile resides, works or attends school
during the period of commitment or probation. The Department of
Corrections may provide a copy of the juvenile's judgment and
commitment to any other agency or person whom the


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