Maine Revised Statutes Title 15 Sec. 3101 – Jurisdiction
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1. District Court as Juvenile Court. The District Court shall exercise the jurisdiction conferred by this Part and, when exercising such jurisdiction, shall be known and referred to as the Juvenile Court.
[PL 1979, c. 681, §38 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C crime | up to 5 years | up to $5,000 |
Terms Used In Maine Revised Statutes Title 15 Sec. 3101
- Adjudicatory hearing: means a hearing to determine whether the allegations of a petition under chapter 507 are supported by evidence that satisfies the standard of proof required. See Maine Revised Statutes Title 15 Sec. 3003
- Adult: means a person 18 years of age or over. See Maine Revised Statutes Title 15 Sec. 3003
- Bind-over hearing: means a hearing at which the Juvenile Court determines whether to permit the State to proceed against a juvenile as if the juvenile were an adult. See Maine Revised Statutes Title 15 Sec. 3003
- Continuance: Putting off of a hearing ot trial until a later time.
- Detention: means the holding of a person in a facility characterized by either physically restrictive construction or intensive staff supervision that is intended to prevent a person who is placed in or admitted to the facility from departing at will. See Maine Revised Statutes Title 15 Sec. 3003
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Emancipation: means the release of a juvenile from the legal control of the juvenile's parents. See Maine Revised Statutes Title 15 Sec. 3003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Facility: means any physical structure. See Maine Revised Statutes Title 15 Sec. 3003
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person lawfully invested with the power, and charged with the duty, of taking care of a person and managing the property and rights of the person, who, because of age, is considered incapable of administering the person's own affairs. See Maine Revised Statutes Title 15 Sec. 3003
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile: means a person who had not attained 18 years of age at the time the person allegedly committed a juvenile crime. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile Court: means the District Court exercising the jurisdiction conferred by section 3101. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile crime: has the meaning set forth in section 3103. See Maine Revised Statutes Title 15 Sec. 3003
- Legal custodian: means a person who has legal custody of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
- Parent: means either a natural parent or the adoptive parent of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
2. Juvenile Court jurisdiction.
A. The Juvenile Court shall have exclusive original jurisdiction, subject to waiver of jurisdiction as provided in subsection 4, of proceedings in which a juvenile is alleged to have committed a juvenile crime, as defined in section 3103. [PL 1979, c. 681, §38 (AMD).]
B. [PL 1977, c. 664, §7 (RP).]
C. Juvenile Courts have jurisdiction over all petitions brought under Title 34?A, chapter 9, subchapter 7 pertaining to juveniles who have been adjudicated as having committed juvenile crimes in other states, but who are found within the territorial jurisdiction of the State. [PL 2017, c. 127, §1 (AMD).]
D. Juvenile Courts have exclusive original jurisdiction over proceedings in which an adult is alleged to have committed a juvenile crime before attaining 18 years of age. For purposes of a proceeding under this paragraph, the adult is considered a juvenile. [PL 2019, c. 525, §9 (AMD).]
E. Juvenile Courts shall have jurisdiction concurrent with the District Courts over petitions for emancipation brought under section 3506?A. [PL 1981, c. 619, §3 (NEW).]
[PL 2019, c. 525, §9 (AMD).]
3. Juveniles mistakenly tried as adults.
A. If, during the pendency of any prosecution for a violation of law, in any court in the State against any person charged as an adult, it is ascertained that the person is a juvenile, or was a juvenile at the time the crime was committed, the court shall forthwith dismiss the case. [PL 1977, c. 520, §1 (NEW).]
B. When a dismissal is ordered pursuant to paragraph A, a petition under chapter 507, alleging the same violation of law for which the juvenile was charged as an adult may be filed in Juvenile Court. [PL 1979, c. 681, §38 (AMD).]
[PL 1979, c. 681, §38 (AMD).]
4. Bind-over.
A. When a petition alleges that a juvenile has committed an act that would be murder or a Class A, B or C crime if committed by an adult, the court shall, upon request of the prosecuting attorney, continue the case for further investigation and for a bind-over hearing to determine whether the jurisdiction of the Juvenile Court over the juvenile should be waived. If a continuance is granted under this paragraph, the court shall advise the juvenile and the juvenile’s parent or parents, guardian or legal custodian of the possible consequences of a bind-over hearing, the right to be represented by counsel, and other relevant constitutional and legal rights . [PL 2019, c. 525, §10 (AMD).]
B. Every bind-over hearing shall precede and shall be conducted separately from any adjudicatory hearing.
The Maine Rules of Evidence shall apply only to the probable cause portion of the bind-over hearing.
For the purpose of making the findings required by paragraph E, subparagraph (2), written reports and other material may be received by the court along with other evidence, but the court, if so requested by the juvenile, the juvenile’s parent or guardian or other party, shall require that the person or persons who wrote the report or prepared the material appear as witness and be subject to examination, and the court may require that the persons whose statements appear in the report appear as witnesses and be subject to examination. [PL 1989, c. 502, Pt. B, §16 (AMD).]
C. A verbatim record shall be kept in all bind-over proceedings. [PL 1977, c. 520, §1 (NEW).]
C-1. With respect to the finding of probable cause required by paragraph E, subparagraph (1), the State has the burden of proof. [PL 1997, c. 645, §2 (NEW).]
C-2. With respect to the finding of appropriateness required by paragraph E, subparagraph (2), the State has the burden of proof, except that in a case involving a juvenile who is charged with one or more juvenile crimes that, if the juvenile were an adult, would constitute murder, aggravated attempted murder, attempted murder, felony murder, Class A manslaughter other than the reckless or criminally negligent operation of a motor vehicle, elevated aggravated assault on a pregnant person, elevated aggravated assault, arson that recklessly endangers any person, causing a catastrophe, Class A robbery or Class A gross sexual assault in which the victim submits as a result of compulsion, the juvenile has the burden of proof. [PL 2007, c. 475, §6 (AMD).]
D. The Juvenile Court shall consider the following factors in deciding whether to bind a juvenile over for prosecution as an adult:
(1) Seriousness of the crime: the nature and seriousness of the offense with greater weight being given to offenses against the person than against property; whether the offense was committed in an aggressive, violent, premeditated or intentional manner;
(2) Characteristics of the juvenile: the record and previous history of the juvenile; the age of the juvenile; the juvenile’s emotional attitude and pattern of living;
(3) Public safety: whether the protection of the community requires commitment of the juvenile for a period longer than the greatest commitment authorized; whether the protection of the community requires commitment of the juvenile to a facility that is more secure than any dispositional alternative under section 3314; and
(4) Dispositional alternatives: whether future criminal conduct by the juvenile will be deterred by the dispositional alternatives available; whether the dispositional alternatives would diminish the gravity of the offense. [PL 2015, c. 409, §1 (AMD).]
E. The Juvenile Court shall bind a juvenile over for prosecution as an adult if it finds:
(1) That there is probable cause to believe that a juvenile crime has been committed that would constitute murder or a Class A, Class B or Class C crime if the juvenile involved were an adult and that the juvenile to be bound over committed it; and
(2) After a consideration of the seriousness of the crime, the characteristics of the juvenile, the public safety and the dispositional alternatives in paragraph D, that:
(a) If the State has the burden of proof, the State has established by a preponderance of the evidence that it is appropriate to prosecute the juvenile as if the juvenile were an adult; or
(b) If the juvenile has the burden of proof, the juvenile has failed to establish by a preponderance of the evidence that it is not appropriate to prosecute the juvenile as if the juvenile were an adult. [PL 2015, c. 409, §2 (AMD).]
E-1. [PL 2013, c. 28, §1 (RP).]
E-2. If the Juvenile Court binds a juvenile over for prosecution as an adult and has directed the detention of the juvenile, if the juvenile attains 18 years of age and is being detained, the juvenile must be detained in an adult section of a jail. [PL 2015, c. 409, §3 (AMD).]
F. The Juvenile Court shall bind over a child by entering an order finding probable cause, waiving jurisdiction and certifying the case for proceedings before the grand jury. The Juvenile Court shall enter written findings supporting its order finding probable cause and waiving jurisdiction. Proceedings concerning a juvenile who has been bound over for prosecution as an adult must be conducted in the same manner and with the same powers and duties as if the juvenile were an adult. [PL 2015, c. 409, §4 (AMD).]
G. In all prosecutions for subsequent crimes, any person bound over and convicted as an adult must be proceeded against as if the juvenile were an adult. [PL 2019, c. 525, §11 (AMD).]
[PL 2019, c. 525, §§10, 11 (AMD).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1977, c. 664, §§6-10 (AMD). PL 1979, c. 512, §2 (AMD). PL 1979, c. 663, §115 (AMD). PL 1979, c. 681, §§3-5,38 (AMD). PL 1981, c. 470, §A33 (AMD). PL 1981, c. 619, §3 (AMD). PL 1987, c. 398, §2 (AMD). PL 1989, c. 502, §B16 (AMD). PL 1997, c. 645, §§2-5 (AMD). PL 2003, c. 706, §A1 (AMD). PL 2007, c. 475, §6 (AMD). PL 2013, c. 28, §§1, 2 (AMD). PL 2015, c. 409, §§1-4 (AMD). PL 2017, c. 127, §1 (AMD). PL 2019, c. 525, §§9-10 (AMD).