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| Any period of detention must be served concurrently with any other | period of detention previously imposed and not fully discharged or | imposed on the same date.__Any period of detention is subject to | Title 17-A, section 1253, subsection 2 but not to Title 17-A, | section 1253, subsection 3-B, 4, 5, 8, 9 or 10.__If the court | suspends the period of detention 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 enacted by PL 2003, c. 410, §3, is | amended to read: |
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| §8004. 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 to 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; or |
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| | 3.__History.__The record or previous history of the defendant | warrants a period of detention. |
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| | The court is not required to impose a period of detention | 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 must be served concurrently with any | other period of detention previously imposed and not fully | discharged or imposed on the same date.__Any period of detention | is subject to Title 17-A, section 1253, subsection 2 but not to | Title 17-A, section 1253, subsection 3-B, 4, 5, 8, 9 or 10.__If | the court suspends the period of detention 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 |
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