Maine Revised Statutes Title 15 Sec. 3309-A – Limitation on diagnostic evaluations
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The court shall not order a juvenile to undergo a diagnostic evaluation, as defined in section 3003, subsection 4?A, except as follows: [PL 1985, c. 213 (RPR).]
1. Information to assist findings in bind-over. When the prosecutor has moved for a bind-over hearing pursuant to section 3101, subsection 4, or certifies in writing to the court that the results of such an evaluation are required in order to determine whether or not to so move;
[PL 1985, c. 213 (RPR).]
Terms Used In Maine Revised Statutes Title 15 Sec. 3309-A
- 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
- 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
- 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. See Maine Revised Statutes Title 15 Sec. 3003
- Facility: means any physical structure. See Maine Revised Statutes Title 15 Sec. 3003
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- 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 crime: has the meaning set forth in section 3103. See Maine Revised Statutes Title 15 Sec. 3003
- Order of adjudication: means any document, including but not limited to a judgment and commitment order including conditions of juvenile probation if imposed, any dismissal form or any written order that constitutes the final disposition of a juvenile petition. See Maine Revised Statutes Title 15 Sec. 3003
2. Information needed to make a disposition. Following an order of adjudication pursuant to section 3310, subsection 5, paragraph A, for the purposes of making a disposition;
[PL 1995, c. 690, §2 (AMD); PL 1995, c. 690, §7 (AFF).]
3. By consent of the parties. When the juvenile and the prosecuting attorney consent and the court finds that such an evaluation may be of assistance to it in carrying out the purposes of the Maine Juvenile Code; or
[PL 1995, c. 690, §3 (AMD); PL 1995, c. 690, §7 (AFF).]
4. Juvenile adjudicated of gross sexual assault. After adjudication and before disposition when a juvenile is adjudicated of a juvenile crime that if committed by an adult would be gross sexual assault under Title 17?A, section 253, subsection 1, the court shall order the juvenile to undergo a diagnostic evaluation and may order the evaluation to take place at a detention facility described in section 3203?A, subsection 7, paragraph B.
[PL 1999, c. 65, §1 (AMD).]
Nothing in this section may be construed to limit court-ordered examinations pursuant to sections 3318?A and 3318?B. [PL 2011, c. 282, §1 (AMD).]
SECTION HISTORY
PL 1981, c. 619, §4 (NEW). PL 1983, c. 480, §A11 (AMD). PL 1985, c. 213 (RPR). PL 1995, c. 690, §§2-4 (AMD). PL 1995, c. 690, §7 (AFF). PL 1997, c. 752, §16 (AMD). PL 1999, c. 65, §1 (AMD). PL 2011, c. 282, §1 (AMD).