LD 1861
pg. 1
LD 1861 Title Page An Act To Improve the Ability of the Department of Corrections To Share Informa... Page 2 of 2
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LR 3013
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §3301, sub-§6-A, as amended by PL 1999, c. 260, Pt. A,
§8, is further amended to read:

 
6-A. Records confidential. Except as otherwise provided in
this Title, information contained in records pertaining to a
juvenile against whom a juvenile petition has not been filed is
confidential unless the juvenile, and the juvenile's parents,
guardian or legal custodian if the juvenile is not emancipated,
has given informed written consent to the disclosure of the
records.

 
This subsection does not preclude the release of the identity of
a juvenile on conditional release pursuant to section 3203-A or
on informal adjustment pursuant to this section to a criminal
justice agency for the administration of juvenile criminal
justice or to the Department of Health and Human Services if
necessary to carry out the statutory functions of that agency.

 
Sec. 2. 34-A MRSA §1216, sub-§1, ¶E, as enacted by PL 2003, c. 205,
§10, is amended to read:

 
E. To persons engaged in research if:

 
(1) The research plan is first submitted to and
approved by the commissioner;

 
(2) The disclosure is approved by the commissioner;
and

 
(3) Neither original records nor identifying data are
removed from the facility or office that prepared the
records.

 
The commissioner and the person doing the research shall
preserve the anonymity of the person receiving services from
the department and may not disseminate data that refer to
that person by name or number or in any other way that might
lead to the person's identification; or

 
Sec. 3. 34-A MRSA §1216, sub-§1, ¶F, as enacted by PL 2003, c. 205,
§10, is amended to read:

 
F. To persons who directly supervise or report on the
health, behavior or progress of a juvenile, to the
superintendent of a juvenile's school and the
superintendent's designees and to agencies that are or might
become responsible for the health or welfare of a juvenile
if the information is relevant to and disseminated for the
purpose of creating or maintaining an individualized plan
for the juvenile's rehabilitation, including reintegration
into the school.; or


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