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USA Statutes : maine
Title : Title 15. COURT PROCEDURE -- CRIMINAL
Chapter : Chapter 501. GENERAL PROVISIONS
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Title 15 - §3001. Title
Title 15: COURT PROCEDURE -- CRIMINAL Part 6: MAINE JUVENILE CODE Chapter 501: GENERAL PROVISIONS §3001. Title
This Part shall be known and may be cited as the Maine Juvenile Code.
[1977, c. 520, § 1 (new).]
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3002. Purposes and construction
Title 15: COURT PROCEDURE -- CRIMINAL Part 6: MAINE JUVENILE CODE Chapter 501: GENERAL PROVISIONS §3002. Purposes and construction
1. Purposes. The purposes of this Part are:
A. To secure for each juvenile subject to these provisions such care and guidance, preferably in the juvenile's own home, as
will best serve the juvenile's welfare and the interests of society;
[1997, c. 645, §1 (amd).]
B. To preserve and strengthen family ties whenever possible, including improvement of home environment;
[1977, c. 520, §1 (new).]
C. To remove a juvenile from the custody of the juvenile's parents only when the juvenile's welfare and safety or the protection
of the public would otherwise be endangered or, when necessary, to punish a child adjudicated, pursuant to chapter 507, as
having committed a juvenile crime;
[1997, c. 645, §1 (amd).]
D. To secure for any juvenile removed from the custody of the juvenile's parents the necessary treatment, care, guidance and
discipline to assist that juvenile in becoming a responsible and productive member of society;
[1997, c. 645, §1 (amd).]
E. To provide procedures through which the provisions of the law are executed and enforced and that ensure that the parties
receive fair hearings at which their rights as citizens are recognized and protected; and
[1997, c. 645, §1 (amd).]
F. To provide consequences, which may include those of a punitive nature, for repeated serious criminal behavior or repeated
violations of probation conditions.
[1997, c. 645, §1 (new).]
[1997, c. 645, §1 (amd).]
2. Construction. To carry out these purposes, the provisions of this Part shall be liberally construed.
[1977, c. 520, § 1 (new).]
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1977,
Ch. 664,
§1
(AMD).
PL 1979,
Ch. 663,
§113
(AMD).
PL 1997,
Ch. 645,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3003. Definitions
Title 15: COURT PROCEDURE -- CRIMINAL Part 6: MAINE JUVENILE CODE Chapter 501: GENERAL PROVISIONS §3003. Definitions
As used in this Part, unless the context otherwise indicates, the following words and phrases shall have the following meanings.
[1977, c. 520, §1 (new).]
1. Adjudicatory hearing. "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition under chapter 507 are supported
by evidence beyond a reasonable doubt.
[1977, c. 520, §1 (new).]
2. Adult. "Adult" means a person 18 years of age or over.
[1977, c. 520, §1 (new).]
2-A. Attendant; attendant care. "Attendant" means an agent of a county sheriff or of the Department of Corrections who is authorized to provide temporary
supervision of a juvenile alleged to have committed a juvenile crime or of a juvenile adjudicated as having committed a juvenile
crime when supervision is appropriate as an interim measure pending the completion of a procedure authorized by law to be
taken in regard to such juvenile. Supervision must be exercised during that period beginning with receipt of the juvenile
by the attendant and ending upon the release of the juvenile to the juvenile's legal custodian or other responsible adult.
This supervision constitutes "attendant care." Attendant care may not be ordered by the juvenile court except with the consent
of the county sheriff or the Department of Corrections.
[2005, c. 328, §4 (amd).]
3. Bind over hearing. "Bind over hearing" means a hearing at which the Juvenile Court determines whether or not to permit the State to proceed
against a juvenile as if he were an adult.
[1979, c. 681, §38 (amd).]
4. Commit. "Commit" means to transfer legal custody.
[1977, c. 520, §1 (new).]
4-A. Diagnostic evaluation. "Diagnostic evaluation" means an examination of a juvenile, to assess the risks the juvenile may pose and determine the
needs the juvenile may have, which may include, but is not limited to, educational, vocational or psychosocial evaluations,
psychometric testing and psychological, psychiatric or medical examinations, which may take place on either a residential
or a nonresidential basis.
[1989, c. 744, §1 (amd).]
4-B. Detention. "Detention" means the holding of a person in a facility characterized by either physically restrictive construction or intensive
staff supervison that is intended to prevent a person who is placed in or admitted to the facility from departing at will.
[1991, c. 493, §1 (new).]
5. Dispositional hearing. "Dispositional hearing" means a hearing to determine what order of disposition should be made concerning a juvenile who has
been adjudicated as having committed a juvenile crime.
[1977, c. 520, §1 (new).]
6. Emancipation. "Emancipation" means the release of a juvenile from the legal control of his parents.
[1977, c. 520, §1 (new).]
7. Facility. "Facility" means any physical structure.
[1977, c. 520, §1 (new).]
8. Guardian. "Guardian" means a person lawfully invested with the power, and charged with the duty, of taking care of the person and managing
the property and rights of another person, who, because of age, is considered incapable of administering his own affairs.
[1977, c. 520, §1 (new).]
9. He. "He" means, where appropriate, "she" or an organization.
[1977, c. 520, §1 (new).]
10. Informal adjustment. "Informal adjustment" means a voluntary arrangement between a juvenile community corrections officer and a juvenile referred
to the officer that provides sufficient basis for a decision by the juvenile community corrections officer not to file a petition
under chapter 507.
[1999, c. 624, Pt. B, §1 (amd).]
11. Intake.
[1977, c. 664, §3 (rp).]
12. Intake worker.
[1985, c. 439, §3 (rp).]
13. Interim care. "Interim care" means the status of temporary physical control of a juvenile by a person authorized by section 3501.
[1977, c. 520, §1 (new).]
14. Juvenile. "Juvenile" means any person who has not attained the age of 18 years.
[1977, c. 520, §1 (new).]
14-A. Juvenile arrest. "Juvenile arrest" means the taking of an accused juvenile into custody in conformance with the law governing the arrest
of persons believed to have committed a crime.
[1985, c. 439, §4 (new).]
14-B. Juvenile community corrections officer. "Juvenile community corrections officer" means an agent of the Department of Corrections authorized:
A. To perform juvenile probation functions;
[1985, c. 439, §4 (new).]
B. To provide appropriate services to juveniles committed to a Department of Corrections juvenile correctional facility who
are on leave or in the community on community reintegration; and
[2003, c. 688, Pt. A, §11 (rpr).]
C. To perform all community corrections officer functions established by this Part for a juvenile alleged to have committed
a juvenile crime.
[1999, c. 624, Pt. B, §2 (amd).]
[2003, c. 688, Pt. A, §11 (amd).]
15. Juvenile Court. "Juvenile Court" means the District Court exercising the jurisdiction conferred by section 3101.
[1979, c. 681, §38 (amd).]
16. Juvenile crime. "Juvenile crime" has the meaning set forth in section 3103.
[1977, c. 520, §1 (new).]
17. Law enforcement officer. "Law enforcement officer" means any person who by virtue of public employment is vested by law with a duty to maintain public
order, to prosecute offenders, to make arrests for crimes , whether that duty extends to all crimes or is limited to specific
crimes, to perform probation functions or to perform intensive supervision functions.
[1989, c. 113, §1 (amd).]
18. Legal custodian. "Legal custodian" means a person who has legal custody of a juvenile.
[1977, c. 520, §1 (new).]
19. Legal custody. "Legal custody" means the right to the care, custody and control of a juvenile and the duty to provide food, clothing, shelter,
ordinary medical care, education and discipline for a juvenile, and, in an emergency, to authorize surgery or other extraordinary
care.
[1977, c. 520, §1 (new).]
20. Organization. "Organization" means a corporation, partnership or unincorporated association.
[1977, c. 520, §1 (new).]
21. Parent. "Parent" means either a natural parent or the adoptive parent of a juvenile.
[1977, c. 520, §1 (new).]
22. Person. "Person" means a human being or an organization.
[1977, c. 520, §1 (new).]
23. Probation. "Probation" means a legal status created by court order in cases involving a juvenile adjudicated as having committed a juvenile
crime, which permits the juvenile to remain in his own home or other placement designated by the Juvenile Court subject to
revocation for violation of any condition imposed by the court.
[1979, c. 681, §2 (amd).]
24. Probation officer; juvenile probation officer.
[1985, c. 439, §5 (rp).]
24-A. Secure detention facility. "Secure detention facility" means a facility characterized by physically restrictive construction that is intended to prevent
a person who is placed in or admitted to the facility from departing at will.
[1991, c. 493, §2 (amd).]
25. Shelter. "Shelter" means the temporary care of a juvenile in physically unrestricting facilities.
[1977, c. 520, §1 (new).]
26. Temporary holding resource. "Temporary holding resource" means an area not in a jail or other secure detention facility intended or primarily used for
the detention of adults that may be used to provide secure supervision for a juvenile for a period not to exceed 72 hours,
excluding Saturday, Sunday and legal holidays, pending the completion of a procedure authorized by law to be taken in regard
to a juvenile. Security is provided by intense personal supervision rather than by the physical characteristics of the facility.
[1991, c. 493, §3 (amd).]
27. Temporary supervision. "Temporary supervision" means that supervision provided by an attendant delivering attendant care as defined in subsection
2-A.
[1985, c. 439, §7 (new).]
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1977,
Ch. 664,
§2-5
(AMD).
PL 1979,
Ch. 681,
§2,38
(AMD).
PL 1981,
Ch. 493,
§2
(AMD).
PL 1981,
Ch. 619,
§2
(AMD).
PL 1985,
Ch. 439,
§1-7
(AMD).
PL 1987,
Ch. 398,
§1
(AMD).
PL 1987,
Ch. 698,
§1
(AMD).
PL 1989,
Ch. 113,
§1
(AMD).
PL 1989,
Ch. 744,
§1,2
(AMD).
PL 1989,
Ch. 925,
§2
(AMD).
PL 1991,
Ch. 493,
§1-3
(AMD).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 1999,
Ch. 624,
§B1,2
(AMD).
PL 2001,
Ch. 439,
§G6
(AMD).
PL 2003,
Ch. 180,
§2
(AMD).
PL 2003,
Ch. 410,
§4
(AMD).
PL 2003,
Ch. 688,
§A11
(AMD).
PL 2005,
Ch. 328,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3004. Severability (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL Part 6: MAINE JUVENILE CODE Chapter 501: GENERAL PROVISIONS §3004. Severability (REPEALED)
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1979,
Ch. 663,
§114
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3005. Forms, other than court forms, reporting formats, and other standardized written materials
Title 15: COURT PROCEDURE -- CRIMINAL Part 6: MAINE JUVENILE CODE Chapter 501: GENERAL PROVISIONS §3005. Forms, other than court forms, reporting formats, and other standardized written materials
All forms, reporting formats, and other standardized written materials necessary to fulfill the requirements of this Part
must be uniform for all state and local agencies providing services according to the provisions of this Part; and those forms,
reporting formats, and other standardized written materials must be developed and approved jointly by the Department of Corrections
and the Department of Health and Human Services.
[1995, c. 502, Pt. F, §4 (amd); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1977,
Ch. 520,
§1
(NEW).
PL 1981,
Ch. 493,
§2
(AMD).
PL 1995,
Ch. 502,
§F4
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3006. Review of Maine Juvenile Code (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL Part 6: MAINE JUVENILE CODE Chapter 501: GENERAL PROVISIONS §3006. Review of Maine Juvenile Code (REPEALED)
Section History:
PL 1989,
Ch. 925,
§3
(NEW).
PL 1997,
Ch. 752,
§5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3007. Victims' rights
Title 15: COURT PROCEDURE -- CRIMINAL Part 6: MAINE JUVENILE CODE Chapter 501: GENERAL PROVISIONS §3007. Victims' rights
In addition to any rights given to victims of juvenile crimes in this Part, the victim of a juvenile crime has the rights
that a victim has under Title 17-A, section 1175.
[1999, c. 280, §1 (new).]
Section History:
PL 1999,
Ch. 280,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3008. Dissemination of education records of preadjudicated juveniles
Title 15: COURT PROCEDURE -- CRIMINAL Part 6: MAINE JUVENILE CODE Chapter 501: GENERAL PROVISIONS §3008. Dissemination of education records of preadjudicated juveniles
Pursuant to Title 20-A, section 6001, schools may distribute education records of preadjudicated juveniles to criminal justice
agencies or agencies that by court order or agreement of the juvenile are responsible for the health or welfare of the juvenile
if the education records are relevant to and disseminated for the purpose of creating or maintaining an individualized plan
for the juvenile's rehabilitation.
[1999, c. 595, §1 (new).]
Section History:
PL 1999,
Ch. 595,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3009. Information related to reintegration of juvenile into school
Title 15: COURT PROCEDURE -- CRIMINAL Part 6: MAINE JUVENILE CODE Chapter 501: GENERAL PROVISIONS §3009. Information related to reintegration of juvenile into school
1. Notification to superintendent. When a juvenile in the custody of the Department of Corrections seeks admission to a public school or a private school approved
for tuition purposes, the Department of Corrections shall provide notice to the superintendent of the school to which the
student is seeking admission or to the superintendent's designee of the availability of information pertaining to the juvenile
for use by a reintegration team under Title 20-A, section 1055, subsection 12.
[2001, c. 452, §1 (new).]
2. Release of information. Upon the request of the superintendent or the superintendent's designee under subsection 1, the Department of Corrections
shall release information as authorized under section 3308, subsection 7, paragraph B-1, subparagraph (3) and Title 34-A,
section 1216, subsection 1, paragraph F to be used by the reintegration team. Information received pursuant to this subsection
is confidential and may not be further disseminated, except as otherwise provided by law.
[2003, c. 205, §3 (amd).]
Section History:
PL 2001,
Ch. 452,
§1
(NEW).
PL 2003,
Ch. 205,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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