Sec. 15. 29-A MRSA §115, as enacted by PL 2003, c. 410, §8, is amended to read:

§115. Juvenile violations

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 Title 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:

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;

2.__Nature.__The aggravated nature and seriousness of the crime warrants a period of detention; or

3.__History.__The record or previous history of the defendant warrants a period of detention.

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.

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.

Sec. 16. 34-A MRSA §1209, sub-§3, ¶F, as enacted by PL 1983, c. 581, §§10 and 59, is repealed.