LD 1504
pg. 6
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LR 363
Item 1

 
committed a juvenile crime. Evidence presented to establish such
probable cause may include affidavits and other reliable hearsay
evidence as permitted by the Juvenile Court Judge or justice of the
peace. If the evidence does not establish such probable cause, the
Juvenile Court Judge or justice of the peace shall order the
juvenile's discharge from detention.

 
Sec. 11. 15 MRSA §3203-A, sub-§7, ¶B-5, as enacted by PL 1999, c. 624,
Pt. A, §5, is amended to read:

 
B-5. If the juvenile community corrections officer who
ordered the detention or the attorney for the State who
ordered the detention determines there is no reasonable
alternative, a juvenile may be detained in a jail or other
secure detention facility intended or primarily used for the
detention of adults for up to 24 48 hours, excluding
Saturday, Sunday and legal holidays if:

 
(1) The facility meets the requirements of paragraph
A;

 
(2) The facility is not located in a standard
metropolitan statistical area and meets the statutory
criteria contained in the federal Juvenile Justice and
Delinquency Prevention Act of 1974, 42 United States
Code, Section 5601; and

 
(3) The juvenile is detained only to await a detention
hearing pursuant to subsection 5 or section 3314,
subsection 2, transfer to an appropriate juvenile
facility, or transport to another jurisdiction.

 
Sec. 12. 15 MRSA §3314, sub-§1, ¶H, as amended by PL 2003, c. 503,
§1, is further amended to read:

 
H. The court may commit the juvenile to a Department of
Corrections juvenile correctional facility and order that the
disposition be suspended or may commit the juvenile for a period
of detention that may not exceed 30 days, with or without an
underlying suspended disposition to a Department of Corrections
juvenile correctional facility, which detention must be served
concurrently with any other period of detention previously
imposed and not fully discharged or imposed on the same date but
may be served intermittently as the court may order and must be
ordered served in a detention facility approved or operated by
the Department of Corrections exclusively for juveniles. The
court may order such a disposition to be served as a part of and
with a period of probation that is subject to such provisions of
Title 17-A, section 1204 as the court may order and that must be
administered pursuant to Title 34-A, chapter 5,


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