Sec. A-1. 15 MRSA §3101, sub-§4, ¶E-2 is enacted to read:
E-2. If the Juvenile Court binds a juvenile over to Superior Court and has not directed the detention of the juvenile in a section of a jail that is used primarily for the detention of adults pursuant to paragraph E-1, the court shall order that, if the juvenile attains 18 years and 6 months of age and is being detained, the juvenile be detained in an adult section of a jail.
Sec. A-2. 15 MRSA §3203-A, sub-§5, ¶B, as repealed and replaced by PL 1999, c. 127, Pt. A, §32 and c. 260, Pt. A, §5, is amended to read:
B. Following a detention hearing, a court shall order a juvenile's release, in accordance with subsection 4, unless it finds, by a preponderance of the evidence, that continued detention is necessary to meet one of the purposes of detention provided in that subsection. The Juvenile Court shall ensure, by appropriate order, that any such continued detention is otherwise in accordance with the requirements of subsection 4. The court may order that detention be continued pending further appearances before the court or pending conditional release to a setting satisfactory to the juvenile community corrections officer.
Sec. A-3. 15 MRSA §3203-A, sub-§5, ¶C, as amended by PL 2003, c. 180, §4, is further amended to read:
C. Continued detention or conditional release may not be ordered unless a Juvenile Court Judge or justice of the peace has determined pursuant to subsection 4-A or the Juvenile Court determines at the detention hearing that there is probable cause to believe that the juvenile has committed a juvenile crime.
Sec. A-4. 15 MRSA §3306-A, as amended by PL 2001, c. 696, §2, is further amended to read:
§3306-A. Release or detention at first appearance
At the juvenile's first appearance or at any subsequent appearance before the court, the court may order, pending further appearances before the court, the juvenile's unconditional release, conditioned conditional release or detention in accordance with section 3203-A. Unless the court orders otherwise, any juvenile put on conditional release by a juvenile community corrections officer remains on conditional release until disposition.
Conditional release or detention may not be ordered at any appearance unless it has been determined by a Juvenile Court Judge or a justice of the peace that there is probable cause to believe that the juvenile has committed a juvenile crime.
When a court orders detention or a conditional release that authorizes even temporarily the juvenile's removal from the juvenile's home or when a court allows a conditional release ordered by a juvenile community corrections officer that authorizes, even temporarily, the juvenile's removal from the juvenile's home to remain in effect, 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 no reasonable efforts are 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 detention or a conditional release or allows a conditional release to remain in effect, which continues to be governed by section 3203-A.
Sec. A-5. 17-A MRSA §1204, sub-§1-B, as amended by PL 1995, c. 502, Pt. F, §12, is further amended to read:
1-B. Upon the request of the Department of Corrections, the court shall attach as a condition of probation that the convicted person pay, through the department, an electronic monitoring fee, a substance testing fee or both, as determined by the court, for the term of probation. In determining the amount of the fees, the court shall take into account the financial resources of the convicted person and the nature of the burden the payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fees. When a person on probation fails to pay the fees, the court may revoke probation as specified in section 1206, unless the person shows that failure to pay was not attributable to a willful refusal to pay or to a failure on that person's part to make a good faith effort to obtain the funds required for the payment. The court, if it determines that revocation of probation is not warranted, shall issue a judgment for the total amount of the fees and shall issue an order attaching a specified portion of money received by or owed to the person on probation until the total amount of the fees has been paid. If the person makes this showing, the court may allow additional time for payment within the remaining period of probation or reduce the size of the fees, but may not revoke the requirement to pay the fees unless the remaining period of probation is 30 days or less. Fees received from probationers must be deposited into the department's Correctional Program Improvement Fund adult community corrections account, except that when authorized by the Department of Corrections, a person on probation may be required to pay fees directly to a provider of electronic monitoring, substance testing or other services. Funds from this account, which may not lapse, must be used to defray costs associated with the purchase and operation of electronic monitoring and substance testing programs.
Sec. A-6. 17-A MRSA §1253, sub-§2, as amended by PL 2003, c. 205, §6, is further amended to read:
2. Each person sentenced to imprisonment who has previously been detained for the conduct for which the sentence is imposed in any state facility or county institution or facility or in any local lockup awaiting trial, during trial, post-trial awaiting sentencing or post-sentencing prior to the date on which the sentence commenced to run either to await transportation to the place of imprisonment specified, or pursuant to court order, and not in execution of any other sentence of confinement, is entitled to receive a day-for-day deduction from the total term of imprisonment required under that sentence. Each person is entitled to receive the same deduction for any such period of detention in any federal, state or county institution, local lockup or similar facility in another jurisdiction, including any detention resulting from being a fugitive from justice, as defined by Title 15, section 201, subsection 4, unless the person is simultaneously being detained for non-Maine conduct.
For the purpose of calculating the day-for-day deduction specified by this subsection, a "day" means 24 hours.
The total term required under the sentence of imprisonment is reduced by the total deduction of this subsection prior to applying any of the other deductions specified in this section or in Title 30-A, section 1606.
The attorney representing this State shall furnish the court, at the time of sentencing or within 10 days thereafter, a statement showing the total deduction of this subsection, to that point in time, and the statement must be attached to the official records of the commitment.
The sheriff or other person upon whom the legal duty is imposed to deliver a sentenced person who has been detained as specified in this subsection shall, within 30 days of delivery, furnish to the custodian a statement showing the length of that detention. In addition, the transporter shall furnish to the attorney for the State the same statement. The custodian shall use the statement furnished to determine the day-for-day deduction to which the person is entitled, if any, unless, within 15 days of its receipt, the attorney for the State furnishes a revised statement to the custodian.
Sec. A-7. 17-A MRSA §1326-D is enacted to read:
§1326-D. Victim unable to be located
If the location of a victim can not, with due diligence, be ascertained, the money collected as restitution must be forwarded to the Treasurer of State to be handled as unclaimed property.
Sec. A-8. 20-A MRSA §1, sub-§34-A, ¶E, as enacted by PL 1997, c. 326, §1 and amended by PL 2001, c. 439, Pt. G, §6, is further amended to read:
E. In the custody or under the supervision of the Department of Corrections, including, but not limited to, a juvenile on conditional release, an informally adjusted juvenile, a probationer or a juvenile on aftercare community reintegration status from the Long Creek Youth Development Center or the Mountain View Youth Development Center and who is placed, for reasons other than educational reasons, pursuant to a court order or with the agreement of an authorized agent of the Department of Corrections, outside the juvenile's home.
Sec. A-9. 34-A MRSA §3032, sub-§5-A, ¶B-1 is enacted to read:
B-1. A prisoner or juvenile who is discharged from the facility remains liable for any restitution authorized under this chapter. If the prisoner or juvenile is returned to the custody of the department, any facility in which the prisoner or juvenile resides shall collect the restitution and ensure that it is used to defray the costs as set out in this chapter.
Sec. A-10. 34-A MRSA §3805, sub-§2, as amended by PL 1999, c. 583, §31 and PL 2001, c. 354, §3, is further amended to read:
2. Limitations. A person may not be detained at or committed to the facility who is blind or who is a proper subject for any residential if that person is more appropriately a subject for intensive temporary out-of-home treatment services or for in-home treatment services provided by or through the Department of Behavioral and Developmental Services as agreed upon by the commissioner and the Commissioner of Behavioral and Developmental Services or their designees.
Sec. A-11. 34-A MRSA §3809-A, sub-§3, as amended by PL 2003, c. 410, §15, is further amended to read:
3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client or juvenile detainee that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill. If a juvenile client or juvenile detainee is or becomes 18 years of age while still under commitment or while still detained, the statutory guardianship of the commissioner over the juvenile client or juvenile detainee terminates, but the juvenile client or juvenile detainee remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until release or discharge from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric hospitalization in accordance with Title 34-B, section 3863, unless hospitalization is made with the juvenile client's or juvenile detainee's consent in accordance with Title 34-B, section 3831. The commissioner may make application for necessary psychiatric hospitalization of a juvenile detainee, including hospitalization in a nonstate mental health institution or hospital for the mentally ill, in accordance with Title 34-B, section 3863.
Sec. A-12. 34-A MRSA §4104, sub-§2, as amended by PL 1999, c. 583, §42 and PL 2001, c. 354, §3 and c. 439, Pt. G, §8, is further amended to read:
2. Limitations. A person may not be detained at or committed to the Mountain View Youth Development Center who is blind or who is a proper subject for any residential facility if that person is more appropriately a subject for intensive temporary out-of-home treatment services or for in-home treatment services provided by or through the Department of Behavioral and Developmental Services as agreed upon by the commissioner and the Commissioner of Behavioral and Developmental Services or their designees.
Sec. A-13. 34-A MRSA §4111, sub-§3, as amended by PL 2003, c. 410, §19, is further amended to read:
3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client or juvenile detainee that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill. If a juvenile client or juvenile detainee is or becomes 18 years of age while still under commitment or while still detained, the statutory guardianship of the commissioner over the juvenile client or juvenile detainee terminates, but the juvenile client or juvenile detainee remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until release or discharge from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric hospitalization in accordance with Title 34-B, section 3863, unless hospitalization is made with the juvenile client's or juvenile detainee's consent in accordance with Title 34-B, section 3831. The commissioner may make application for necessary psychiatric hospitalization of a juvenile detainee, including hospitalization in a nonstate mental health institution or hospital for the mentally ill, in accordance with Title 34-B, section 3863.
Sec. A-14. 34-B MRSA §6205, as amended by PL 1995, c. 560, Pt. K, §2, PL 1999, c. 401, Pt. J, §4 and PL 2001, c. 439, Pt. G, §6, is further amended to read:
§6205. Services for juveniles committed to the youth development centers
1. Department authority. The department may provide consultation services to any juvenile with mental retardation committed to the Long Creek Youth Development Center or the Mountain View Youth Development Center if those services are requested by the Commissioner of Corrections or the commissioner's designee. Consultation services may include participation by appropriate department professionals on the Clinical Services Classification Committee of the Long Creek Youth Development Center or the Classification Committee of the Mountain View Youth Development Center in order to assist in the design of individual treatment plans to provide habilitation, education and skill training to juveniles with mental retardation in residence at the Long Creek Youth Development Center or the Mountain View Youth Development Center.
2. Support services. Whenever a program has been designed for a juvenile with mental retardation by the Clinical Services Classification Committee of the Long Creek Youth Development Center or the Classification Committee of the Mountain View Youth Development Center and the clinical services classification committee has included participation by the department professionals, the department shall provide, insofar as possible, support services to implement that program.
3. Case management. The department may provide case management services to juveniles with mental retardation who are released from the Long Creek Youth Development Center or the Mountain View Youth Development Center.
Sec. A-15. Report to Legislature. By March 1, 2005, the Department of Corrections shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters regarding any impact on the corrections system due to detention and commitment changes in that section of this Part that enacts the Maine Revised Statutes, Title 15, section 3101, subsection 4, paragraph E-2 and those sections of this Part that amend Title 15, section 3230-A, subsection 5, paragraph B; Title 34-A, section 3805, subsection 2; and Title 34-A, section 4104, subsection 2. Upon hearing the department's report, the committee may report out a bill to the First Regular Session of the 122nd Legislature.
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