LD 1504
pg. 7
Page 6 of 9 An Act To Amend the Statutes Relating to Juveniles Page 8 of 9
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LR 363
Item 1

 
juvenile crime under Title 15, section 3103, subsection 1 may not
be sentenced to a term of imprisonment., a split sentence of
imprisonment or a suspended term of imprisonment, except that, once
the person has attained 18 years of age, that person may be
sentenced to a term of imprisonment, a split sentence of
imprisonment or a suspended term of imprisonment for the following
reasons:

 
1.__Failure to pay fine.__A willful refusal to pay a fine
resulting from the conviction;

 
2.__Violation of probation.__A willful violation of the terms
of probation resulting from the conviction; or

 
3.__Failure to comply with other terms.__A willful failure to
comply with the terms of any other court order issued as a result
of the conviction.

 
Sec. 16. 34-A MRSA §1209, sub-§3, ¶F, as enacted by PL 1983, c. 581,
§§10 and 59, is repealed.

 
Sec. 17. 34-A MRSA §3809-A, sub-§3, as amended by PL 2003, c. 706, Pt.
A, §11, 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. If placement in a__licensed residential care
facility providing a mental health treatment program is an
appropriate alternative to psychiatric hospitalization, that
placement may be made by the commissioner with the juvenile
client's or juvenile detainee's consent.

 
Sec. 18. 34-A MRSA §4108, sub-§2, ¶H, as enacted by PL 1991, c. 400, is
amended to read:


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