CHAPTER 278
H.P. 376 - L.D. 521
An Act to Encourage Collaboration and Cooperation among Agencies in the Interests of Juveniles within the Juvenile Court System
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §3308, sub-§7, ¶B, as amended by PL 1993, c. 354, §6, is further amended to read:
B. Nothing in this section precludes dissemination of any information contained in the records of juvenile court proceedings or other records described in subsection 5 by one criminal justice agency to another criminal justice agency for the purpose of the administration of criminal justice, the administration of juvenile criminal justice and for criminal justice agency employment, as long as:
(1) The person concerning whom the records are sought has been convicted of a crime as an adult;
(2) The person concerning whom the records are sought has been adjudicated as having committed a juvenile crime that, if committed by an adult, would be defined as a Class A, B or C crime by Title 17-A, the Maine Criminal Code, or by any other criminal statute outside that code;
(3) The person concerning whom the records are sought has been adjudicated as having committed a juvenile crime with the use of a dangerous weapon, as defined in Title 17-A, section 2, subsection 9;
(4) The person concerning whom the records are sought has been adjudicated as having committed 2 or more juvenile crimes that, if committed by an adult, would be defined as Class D or Class E crimes by Title 17-A, the Maine Criminal Code, or by any other criminal statute outside that code; or
(5) The person seeking the records is the prosecuting attorney in any proceeding and the person concerning whom the records are sought is a defendant in that proceeding.
Sec. 2. 15 MRSA §3308, sub-§7, ¶B-1 is enacted to read:
B-1. Nothing in this section precludes dissemination of any information in the records of court proceedings and in the other records described in subsection 5, if:
(1) The juvenile has been adjudicated as having committed a juvenile crime;
(2) The information is disseminated by and to persons who directly supervise or report on the health, behavior or progress of the juvenile, the superintendent of the juvenile's school and the superintendent's designees, criminal justice agencies or agencies that are or might become responsible for the health or welfare of the juvenile as a result of a court order or by agreement with the Department of Corrections or the Department of Human Services; and
(3) The information is relevant to and disseminated for the purpose of creating or maintaining an individualized plan for the juvenile's rehabilitation.
Any information received under this paragraph is confidential and may not be further disseminated, except as otherwise provided by law.
Sec. 3. 34-A MRSA §3003, sub-§1, ¶D, as amended by PL 1995, c. 368, Pt. R, §9, is further amended to read:
D. To any criminal justice agency if necessary to carry out the administration of criminal justice, the administration of juvenile criminal justice or for criminal justice agency employment; and
Sec. 4. 34-A MRSA §3003, sub-§1, ¶E, as amended by PL 1995, c. 368, Pt. R, §10, is further amended to read:
E. To persons engaged in research if:
(1) The research plan is first submitted to and approved by the commissioner;
(2) The disclosure is approved by the commissioner; and
(3) Neither original records nor identifying data are removed from the facility or office that prepared the records.
The commissioner and the person doing the research shall preserve the anonymity of the person receiving services from the department and may not disseminate data that refer to that person by name, number or in any other way that might lead to the person's identification.; and
Sec. 5. 34-A MRSA §3003, sub-§1, ¶F is enacted to read:
F. To persons who directly supervise or report on the health, behavior or progress of a juvenile, to the superintendent of a juvenile's school and the superintendent's designees and to agencies that are or might become responsible for the health or welfare of a juvenile, if the information is relevant to and disseminated for the purpose of
Effective September 19, 1997, unless otherwise indicated.
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