LD 1504
pg. 5
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LR 363
Item 1

 
verification is being attempted, the officer may require the
juvenile to remain present for a period not to exceed 2 hours. The
officer may not arrest the juvenile for the juvenile crime defined
by section 3103, subsection 1, paragraph B or C.

 
After informing the juvenile of the provisions of this
subsection, the officer may arrest the juvenile for a crime
defined in section 3103, subsection 1, paragraph B or C conduct
that, if committed by an adult, would be considered criminal as
described in Title 17-A, section 17, subsection 2 if the juvenile
intentionally refuses to furnish any evidence of the juvenile's
correct name, address and age or date of birth, or if, after
attempting to verify the evidence as provided for in this
subsection, the officer has probable cause to believe that the
juvenile has intentionally failed to provide reasonably credible
evidence of the juvenile's name, address and age or date of
birth.

 
Sec. 8. 15 MRSA §3202, as amended by PL 2001, c. 4, §1, is further
amended to read:

 
§3202. Arrest warrants for juveniles

 
An arrest warrant for a juvenile must be issued in the manner
provided by Rule 4 of the Maine Rules of Criminal Procedure,
except that affidavits alone must be presented and a petition is
not necessary. Following arrest, the juvenile is subject to the
procedures specified in section sections 3203-A and 3301.

 
Sec. 9. 15 MRSA §3203-A, sub-§4, ¶F is enacted to read:

 
F.__Conditional release or detention may not be ordered for
a juvenile for conduct described in section 3103, subsection
1, paragraph B or C.

 
Sec. 10. 15 MRSA §3203-A, sub-§4-A, as enacted by PL 2003, c. 180, §3,
is amended to read:

 
4-A. Probable cause determination. Except in a bona fide
emergency or other extraordinary circumstance, when a juvenile
arrested without a warrant for a juvenile crime or a violation of
conditional release is not released from custody or does not
receive a detention hearing within 48 hours after arrest,
including Saturdays, Sundays and legal holidays, a Juvenile Court
Judge or justice of the peace shall determine, within that time
period, whether there is probable cause to believe that the
juvenile has committed a juvenile crime unless it has already
been determined by a Juvenile Court Judge or justice of the peace
that there is probable cause to believe that the juvenile has


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