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| | Sec. 16. 34-A MRSA §1209, sub-§3, ¶F, as enacted by PL 1983, c. 581, | §§10 and 59, is repealed.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