Maine Revised Statutes Title 15 Sec. 3312 – Dispositional hearing
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1. Evidence of proper disposition. After making an order of adjudication, the court shall hear evidence on the question of the proper disposition best serving the interests of the juvenile and the public. Such evidence must include, but is not necessarily limited to, the social study and written report, if ordered prepared under section 3311, subsection 3, and other reports as provided in section 3311, subsection 1. Any person who would be entitled to address the court pursuant to Title 17?A, section 2104 if the conduct for which the juvenile has been adjudicated had been committed by an adult, as provided in that section, must be accorded notice of the dispositional hearing and the right to address the court. The Maine Rules of Evidence do not apply in dispositional hearings.
[PL 2019, c. 113, Pt. C, §45 (AMD).]
Terms Used In Maine Revised Statutes Title 15 Sec. 3312
- Adult: means a person 18 years of age or over. 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
- 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
- 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
- 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
- Legal custodian: means a person who has legal custody of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
- Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. Examination of adjudicated juvenile. The court may have the juvenile examined by a physician or psychologist, and may place the juvenile in a hospital or other suitable facility or nonresidential program for this purpose. The cost of such examinations and placements shall be paid in whole or in part by the juvenile’s parents. The court shall pay the costs if it finds that the parents are unable to pay or that it is not in the best interest of the juvenile to have the juvenile’s parents pay.
[PL 1987, c. 400, §1 (AMD).]
3. Continuation of dispositional hearing. A dispositional hearing may be continued in the following circumstances.
A. The court may continue the dispositional hearing, either on its own motion or on the motion of any interested party:
(1) For a period not to exceed one month to receive reports or other evidence;
(2) For a period not to exceed 2 months to allow for service of notice as required in section 3314, subsection 1, paragraph C?1 or C?2;
(3) For a period not to exceed 12 months in order to place the juvenile in a supervised work or service program or a restitution program, or for such other purpose as the court in its discretion determines appropriate. If a supervised work or service program or restitution program has been ordered, the court shall on final disposition consider whether or not there has been compliance with the program so ordered; or
(4) For a period not to exceed 15 months in order to place the juvenile in a juvenile drug treatment court program. If a juvenile drug treatment court program has been ordered, the court shall on final disposition consider whether or not there has been compliance with the program so ordered. [PL 2001, c. 508, §1 (AMD).]
B. If the hearing is continued, the court shall make an appropriate order for detention of the juvenile or for the juvenile’s release in the custody of the juvenile’s parents, guardian, legal custodian or other responsible person or agency under such conditions of supervision as the court may impose during the continuance. The court may order a juvenile into the temporary custody of the Department of Health and Human Services only if the following conditions are met:
(1) That service of notice of the dispositional hearing as required under section 3314, subsection 1, paragraph C?1, has not been made on parents who reside outside the State or whose whereabouts are unknown after a diligent search;
(2) That the Department of Health and Human Services has:
(a) Received written notice of the hearing on temporary custody at least 10 days before the hearing, provided that the department may waive this 10-day requirement in writing; and
(b) Had an opportunity to be heard before any order of temporary custody;
(3) That notice under section 3314, subsection 1, paragraph C?1, has been served on the juvenile’s legal custodian at least 10 days before any order of temporary custody to the Department of Health and Human Services and that the legal custodian has had an opportunity to be heard before the issuance of a temporary order, provided that the juvenile’s custodian may waive the 10-day notice requirement if the waiver is in writing and voluntarily and knowingly executed in court before a judge;
(4) That the court finds that either:
(a) The juvenile does not meet the criteria for detention; or
(b) It is not necessary or appropriate to detain the juvenile; and
(5) That the court finds by a preponderance of the evidence that:
(a) Reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the juvenile’s home;
(b) Continuation in the juvenile’s home during the period required for service of notice under section 3314, subsection 1, paragraph C?1, would be contrary to the welfare of the juvenile; and
(c) Temporary custody is necessary to provide for the care and support of the juvenile during this period.
Any order of temporary custody terminates upon an order of disposition under section 3314, or automatically 2 months after issuance, whichever occurs first. [PL 1987, c. 720, §4 (RPR); PL 2003, c. 689, Pt. B, §6 (REV).]
C. In scheduling investigations and hearings, the court shall give priority to proceedings concerning a juvenile who is in detention or who has otherwise been removed from the juvenile’s home before an order of disposition has been made. [PL 1987, c. 720, §4 (RPR).]
D. If the court finds, after opportunity for hearing, that a juvenile released with a condition of participation in a juvenile drug treatment court program has intentionally or knowingly violated that condition, the court may impose a sanction of up to 7 days’ confinement in a facility approved or operated by the Department of Corrections exclusively for juveniles. Nothing in this paragraph restricts the ability of the court to impose sanctions other than confinement for the violation of a condition of participation in a juvenile drug treatment court program or the ability of the court to enter any dispositional order allowed under section 3314 on final disposition. [PL 2007, c. 96, §4 (AMD).]
[PL 2007, c. 96, §4 (AMD).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1979, c. 373, §5 (AMD). PL 1979, c. 681, §28 (AMD). PL 1987, c. 400, §1 (AMD). PL 1987, c. 720, §4 (AMD). PL 1995, c. 253, §3 (AMD). PL 1999, c. 624, §§B19,20 (AMD). PL 2001, c. 508, §1 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 96, §4 (AMD). PL 2019, c. 113, Pt. C, §45 (AMD).