LD 1771
pg. 7
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LR 3016
Item 1

 
Sec. 12. 15 MRSA §3314, sub-§1, ¶H, as amended by PL 2005, c. 328,
§12, 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 order the
juvenile for to serve a period of detention confinement that
may not exceed 30 days, with or without an underlying
suspended disposition of commitment to a Department of
Corrections juvenile correctional facility, which detention
confinement must be served concurrently with any other
period of detention confinement 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, subchapter 4. Revocation of probation is
governed by the procedure contained in subsection 2. Any
disposition under this paragraph is subject to Title 17-A,
section 1253, subsection 2 except that a statement is not
required to be furnished and the day-for-day deduction must
be determined by the facility, but not to Title 17-A,
section 1253, subsection 2, paragraph A, or subsection 3-B,
4, 5, 8, 9 or 10. For purposes of calculating the
commencement of the period of detention confinement, credit
is accorded only for the portion of the first day for which
the juvenile is actually detained confined; the juvenile may
not be released until the juvenile has served the full term
of hours or days imposed by the court. Whenever a juvenile
is committed for a period of detention confinement, the
court shall determine whether reasonable efforts have been
made to prevent or eliminate the need for removal of the
juvenile from the juvenile's home or that reasonable efforts
are not necessary because of the existence of an aggravating
factor as defined in Title 22, section 4002, subsection 1-B
and whether continuation in the juvenile's home would be
contrary to the welfare of the juvenile. This determination
does not affect whether the court orders a commitment for a
period of detention confinement.

 
Sec. 13. 15 MRSA §3319, first ¶, as enacted by PL 1997, c. 752, §27, is
amended to read:

 
Immediately after the court orders detention or confinement in
or commitment to a juvenile facility, the court shall notify the
Commissioner of Corrections or the commissioner's designee


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