Maine Revised Statutes Title 15 Sec. 3204 – Statements not admissible in evidence
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Maine Revised Statutes Title 15 Sec. 3204
- 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
- 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.
- 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
- 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. See Maine Revised Statutes Title 15 Sec. 3003
- 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 community corrections officer: means an agent of the Department of Corrections authorized:
A. See Maine Revised Statutes Title 15 Sec. 3003Legal custodian: means a person who has legal custody of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Probation: means a legal status created by court order in cases involving a juvenile adjudicated as having committed a juvenile crime that permits the juvenile to remain in the juvenile's own home or other placement designated by the Juvenile Court subject to revocation for violation of any condition imposed by the court. See Maine Revised Statutes Title 15 Sec. 3003
Statements of a juvenile or of a juvenile’s parents, guardian or legal custodian made to a juvenile community corrections officer during the course of a preliminary investigation are not admissible in evidence at an adjudicatory hearing against that juvenile if a petition based on the same facts is later filed. [PL 2019, c. 220, §1 (AMD).]
Statements of a juvenile or of a juvenile’s parents, guardian or legal custodian made during the course of screening and assessment for participation in a juvenile drug treatment court program if made to a juvenile community corrections officer or to another person reporting on or supervising the juvenile in connection with the program are not admissible in evidence at an adjudicatory or probation violation hearing against that juvenile if a petition or motion to revoke probation based on the same facts is the subject of the hearing. [PL 1999, c. 624, Pt. B, §7 (NEW).]
Statements of a juvenile or of a juvenile’s parents, guardian or legal custodian made to a juvenile community corrections officer during an informal adjustment or during a restorative justice program or made to a clinical provider during substance use disorder, sexual behavior or mental health assessment or treatment attended by the juvenile are not admissible in evidence during the State’s case in chief at an adjudicatory hearing against that juvenile on a petition based on the same facts that caused the referral for informal adjustment, restorative justice, assessment or treatment. [PL 2019, c. 220, §2 (NEW).]
Statements of a juvenile or of a juvenile’s parents, guardian or legal custodian made during school disciplinary proceedings, including but not limited to manifestation determinations, special education meetings, suspension meetings or expulsion hearings, are not admissible in evidence during the State’s case in chief at an adjudicatory hearing against the juvenile on a petition based on the same facts that caused the need for the school disciplinary proceedings. [PL 2019, c. 220, §2 (NEW).]
As used in this section, “restorative justice program” means a program in which offenders take responsibility for causing harm and engage in a facilitated process with victims, family members, community members or advocates and others impacted by the harm that focuses on repairing the harm, addressing needs and preventing future harm. [PL 2019, c. 220, §2 (NEW).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1977, c. 664, §20 (RPR). PL 1979, c. 681, §14 (AMD). PL 1985, c. 439, §10 (AMD). PL 1989, c. 741, §10 (AMD). PL 1997, c. 421, §A1 (AMD). PL 1999, c. 624, §B7 (AMD). PL 2019, c. 220, §§1, 2 (AMD).