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Terms Used In Maine Revised Statutes Title 15 Sec. 3305

  • Adult: means a person 18 years of age or over. See Maine Revised Statutes Title 15 Sec. 3003
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • 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. 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
A juvenile must personally appear, and the juvenile or the juvenile’s counsel may enter an answer asserting the absence of criminal responsibility by reason of insanity or denying, admitting or not contesting the allegations of the petition, in accordance with Rules 11 and 11A of the Maine Rules of Unified Criminal Procedure, except that, if the case has been continued for investigation and for a bind-over hearing pursuant to section 3101, subsection 4, paragraph A, the court may not accept an answer to the petition other than a denial or assertion of the absence of criminal responsibility by reason of insanity until the court has conducted a bind-over hearing and has decided to retain jurisdiction of the juvenile in the Juvenile Court or until the prosecuting attorney has withdrawn the request to have the juvenile tried as an adult. An answer may be both a denial and an assertion of the absence of criminal responsibility by reason of insanity. If the juvenile or the juvenile’s counsel declines to enter an answer, the court shall enter an answer of denial. [PL 2015, c. 431, §30 (AMD).]
If the court accepts an answer admitting or not contesting the allegations of the petition, a dispositional hearing must be set at the earliest practicable time that will allow for the completion of a predisposition study conducted pursuant to section 3311 and for service of notice as required by section 3314, subsection 1, paragraph C?1 or C?2. If the answer entered is a denial or an assertion of the absence of criminal responsibility by reason of insanity, or both, or if the court declines to accept an answer admitting or not contesting the allegations of the petition, the matter must be set for further proceedings. [PL 2013, c. 234, §9 (AMD).]
SECTION HISTORY

PL 1977, c. 520, §1 (NEW). PL 1987, c. 720, §3 (AMD). PL 1989, c. 741, §14 (AMD). PL 2011, c. 336, §3 (AMD). PL 2013, c. 234, §9 (AMD). PL 2015, c. 431, §30 (AMD).