| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 12 MRSA §6004, as amended by PL 2005, c. 328, §1, is | further amended to read: |
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| §6004. Juvenile violations |
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| | Notwithstanding other provisions of law, a person who has not | attained 18 years of age and who is convicted of a crime for a | violation of a provision of this Part that is not defined as a | juvenile crime under Title 15, section 3103, subsection 1 may not | be sentenced to imprisonment but may be committed ordered to | serve a period of confinement in a Department of Corrections | juvenile correctional facility for a period of detention that may | not exceed 30 days, which may be suspended in whole or in part, | if the court determines that: |
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| | 1. Crime. The crime is one that, if committed by a person | who has attained 18 years of age, would carry a mandatory term of | imprisonment that may not be suspended; |
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| | 2. Nature. The aggravated nature and seriousness of the | crime warrants a period of detention confinement; or |
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| | 3. History. The record or previous history of the defendant | warrants a period of detention confinement. |
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| | The court is not required to impose a period of detention | confinement notwithstanding that there is a mandatory term of | imprisonment applicable to a person who has attained 18 years of | age. |
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| | Any period of detention confinement must be served | concurrently with any other period of detention confinement | previously imposed and not fully discharged or imposed on the | same date. Any period of detention confinement is subject to | Title 17-A, section 1253, subsection 2, except that a statement | is not required to be furnished and the day-for-day deduction | must be determined by the facility, but not to Title 17-A, | section 1253, subsection 2, paragraph A, or subsection 3-B, 4, 5, | 8, 9 or 10. If the court suspends the period of detention | confinement in whole or in part, the court shall impose a period | of administrative release not to exceed one year. The | administrative release must be administered pursuant to Title 17- | A, chapter 54-G, and revocation of the administrative release is | governed by the provisions of that chapter. |
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| | Sec. 2. 12 MRSA §8004, as amended by PL 2005, c. 328, §2, is | further amended to read: |
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