Maine Revised Statutes Title 15 Sec. 3308-D – Confidentiality of Juvenile Court proceedings
Current as of: 2023 | Check for updates
|
Other versions
1. Record. A verbatim record must be made of all Juvenile Court proceedings.
[PL 2021, c. 365, §20 (NEW); PL 2021, c. 365, §37 (AFF).]
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 E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 15 Sec. 3308-D
- Adult: means a person 18 years of age or over. See Maine Revised Statutes Title 15 Sec. 3003
- 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
- Inspection: means access to and review of juvenile case records in a manner prescribed by the Supreme Judicial Court. 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 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
2. Certain hearings public. Unless proceedings on a juvenile petition are suspended under section 3318?A, subsection 5, the general public may not be excluded from any Juvenile Court hearing for which the petition is open to public inspection under section 3308?C, subsection 2 or from any Juvenile Court hearing on a State’s motion for bind-over under section 3101, subsection 4.
[PL 2021, c. 365, §20 (NEW); PL 2021, c. 365, §37 (AFF).]
3. Hearings on petitions alleging multiple juvenile crimes. When a juvenile petition open to public inspection under section 3308?C, subsection 2 alleges a juvenile crime that would constitute a Class D or Class E crime if the juvenile involved were an adult or a violation of section 3103, subsection 1, paragraph B or C arising from the same course of conduct, the Juvenile Court may order that charges alleging conduct that would be a Class D or Class E crime if the juvenile involved were an adult or a violation of section 3103, subsection 1, paragraph B or C be adjudicated in a separate hearing. When the Juvenile Court so orders, the general public must be excluded from the hearing on alleged conduct that would constitute a Class D or Class E crime if the juvenile were an adult or a violation of section 3103, subsection 1, paragraph B or C.
[PL 2021, c. 365, §20 (NEW); PL 2021, c. 365, §37 (AFF).]
4. Victim presence at hearings. Regardless of whether a Juvenile Court proceeding is open to the general public, the following persons may be present in court:
A. The victim; [PL 2021, c. 365, §20 (NEW); PL 2021, c. 365, §37 (AFF).]
B. If the victim is a minor, the victim’s parent or parents, guardian or legal custodian; or [PL 2021, c. 365, §20 (NEW); PL 2021, c. 365, §37 (AFF).]
C. If the victim cannot act on the victim’s own behalf due to death, age, physical or mental disease or disorder or intellectual disability or autism or other reason, an immediate family member, guardian, legal custodian or attorney representing the victim. [PL 2021, c. 365, §20 (NEW); PL 2021, c. 365, §37 (AFF).]
[PL 2021, c. 365, §20 (NEW); PL 2021, c. 365, §37 (AFF).]
SECTION HISTORY
PL 2021, c. 365, §20 (NEW). PL 2021, c. 365, §37 (AFF).