1. District Court as Juvenile Court. The District Court shall exercise the jurisdiction conferred by this Part and, when exercising such jurisdiction, shall be known and referred to as the Juvenile Court.
[ 1979, c. 681, §38 (AMD) .]
2. Juvenile Court jurisdiction.
A. The Juvenile Court shall have exclusive original jurisdiction, subject to waiver of jurisdiction as provided in subsection 4, of proceedings in which a juvenile is alleged to have committed a juvenile crime, as defined in section 3103. [1979, c. 681, §38 (AMD).]
B. [1977, c. 664, §7 (RP).]
C. Juvenile Courts shall have jurisdiction over all petitions brought under the Uniform Interstate Compact on Juveniles, Title 34, chapter 9, pertaining to juveniles who have been adjudicated as having committed juvenile crimes in other states, but who are found within the territorial jurisdiction of Maine. [1979, c. 681, §38 (AMD).]
D. Juvenile Courts shall have exclusive original jurisdiction over proceedings in which an adult is alleged to have committed a juvenile crime before attaining his 18th birthday. For purposes of such proceedings such an adult shall be considered a juvenile. [1979, c. 681, §38 (AMD).]
E. Juvenile Courts shall have jurisdiction concurrent with the District Courts over petitions for emancipation brought under section 3506-A. [1981, c. 619, §3 (NEW).]
[ 1981, c. 619, §3 (AMD) .]
3. Juveniles mistakenly tried as adults.
A. If, during the pendency of any prosecution for a violation of law, in any court in the State against any person charged as an adult, it is ascertained that the person is a juvenile, or was a juvenile at the time the crime was committed, the court shall forthwith dismiss the case. [1977, c. 520, §1 (NEW).]
B. When a dismissal is ordered pursuant to paragraph A, a petition under chapter 507, alleging the same violation of law for which the juvenile was charged as an adult may be filed in Juvenile Court. [1979, c. 681, §38 (AMD).]
[ 1979, c. 681, §38 (AMD) .]
4. Bind-over.
A. When a petition alleges that a juvenile has committed an act which would be murder or a Class A, B or C crime if committed by an adult, the court shall, upon request of the prosecuting attorney, continue the case for further investigation and for a bind-over hearing to determine whether the jurisdiction of the Juvenile Court over the juvenile should be waived. In the event of such a continuance, the court shall advise the juvenile and his parents, guardian or legal custodian of the possible consequences of a bind-over hearing, the right to be represented by counsel, and other constitutional and legal rights in connection therewith. [1979, c. 681, §38 (AMD).]
B. Every bind-over hearing shall precede and shall be conducted separately from any adjudicatory hearing.
The Maine Rules of Evidence shall apply only to the probable cause portion of the bind-over hearing.
For the purpose of making the findings required by paragraph E, subparagraph (2), written reports and other material may be received by the court along with other evidence, but the court, if so requested by the juvenile, the juvenile's parent or guardian or other party, shall require that the person or persons who wrote the report or prepared the material appear as witness and be subject to examination, and the court may require that the persons whose statements appear in the report appear as witnesses and be subject to examination. [1989, c. 502, Pt. B, §16 (AMD).]
C. A verbatim record shall be kept in all bind-over proceedings. [1977, c. 520, §1 (NEW).]
C-1. With respect to the finding of probable cause required by paragraph E, subparagraph (1), the State has the burden of proof. [1997, c. 645, §2 (NEW).]
C-2. With respect to the finding of appropriateness required by paragraph E, subparagraph (2), the State has the burden of proof, except that in a case involving a juvenile who is charged with one or more juvenile crimes that, if the juvenile were an adult, would constitute murder, aggravated attempted murder, attempted murder, felony murder, Class A manslaughter other than the reckless or criminally negligent operation of a motor vehicle, elevated aggravated assault on a pregnant person, elevated aggravated assault, arson that recklessly endangers any person, causing a catastrophe, Class A robbery or Class A gross sexual assault in which the victim submits as a result of compulsion, the juvenile has the burden of proof. [2007, c. 475, §6 (AMD).]
D. The Juvenile Court shall consider the following factors in deciding whether to bind a juvenile over to Superior Court:
(1) Seriousness of the crime: the nature and seriousness of the offense with greater weight being given to offenses against the person than against property; whether the offense was committed in an aggressive, violent, premeditated or intentional manner;
(2) Characteristics of the juvenile: the record and previous history of the juvenile; the age of the juvenile; the juvenile's emotional attitude and pattern of living;
(3) Public safety: whether the protection of the community requires commitment of the juvenile for a period longer than the greatest commitment authorized; whether the protection of the community requires commitment of the juvenile to a facility that is more secure than any dispositional alternative under section 3314; and
(4) Dispositional alternatives: whether future criminal conduct by the juvenile will be deterred by the dispositional alternatives available; whether the dispositional alternatives would diminish the gravity of the offense. [1997, c. 645, §3 (RPR).]
E. The Juvenile Court shall bind a juvenile over to the Superior Court if it finds:
(1) That there is probable cause to believe that a juvenile crime has been committed that would constitute murder or a Class A, Class B or Class C crime if the juvenile involved were an adult and that the juvenile to be bound over committed it; and
(2) After a consideration of the seriousness of the crime, the characteristics of the juvenile, the public safety and the dispositional alternatives in paragraph D, that:
(a) If the State has the burden of proof, the State has established by a preponderance of the evidence that it is appropriate to prosecute the juvenile as if the juvenile were an adult; or
(b) If the juvenile has the burden of proof, the juvenile has failed to establish by a preponderance of the evidence that it is not appropriate to prosecute the juvenile as if the juvenile were an adult. [1997, c. 645, §4 (AMD).]
E-1. If the Juvenile Court binds the juvenile over to Superior Court, the court may direct detention of any such juvenile who is to be detained in a section of a jail that is used primarily for the detention of adults when it finds by clear and convincing evidence that:
(1) The juvenile's behavior presents an imminent danger of harm to that juvenile or to others; and
(2) There is not a less restrictive alternative to detention in an adult section that serves the purposes of detention.
In determining whether the juvenile's behavior presents a danger to that juvenile or others, the Juvenile Court shall consider, among other factors:
(a) The nature of and the circumstances surrounding the offense with which the juvenile is charged, including whether the offense was committed in an aggressive, violent, premeditated or intentional manner;
(b) The record and previous history of the juvenile, including the juvenile's emotional attitude and pattern of living; and
(c) If applicable, the juvenile's behavior and mental condition during any previous and current period of detention or commitment. [1997, c. 645, §5 (AMD).]
E-2. If the Juvenile Court binds a juvenile over to Superior Court and has not directed the detention of the juvenile in a section of a jail that is used primarily for the detention of adults pursuant to paragraph E-1, the court shall order that, if the juvenile attains 18 years and 6 months of age and is being detained, the juvenile be detained in an adult section of a jail. [2003, c. 706, Pt. A, §1 (NEW).]
F. The Juvenile Court shall bind over a child by entering an order finding probable cause, waiving jurisdiction and certifying the case for proceedings before the grand jury. The Juvenile Court shall enter written findings supporting its order finding probable cause and waiving jurisdiction. Proceedings concerning a juvenile who has been bound over to the Superior Court shall be conducted in the same manner and with the same powers and duties as if the juvenile were an adult. [1979, c. 681, §38 (AMD).]
G. In all prosecutions for subsequent crimes, any person bound over and convicted as an adult shall be proceeded against as if he were an adult. [1979, c. 512, §2 (NEW).]
[ 2003, c. 706, Pt. A, §1 (AMD); 2007, c. 475, §6 (AMD) .]
SECTION HISTORY
1977, c. 520, §1 (NEW). 1977, c. 664, §§6-10 (AMD). 1979, c. 512, §2 (AMD). 1979, c. 663, §115 (AMD). 1979, c. 681, §§3-5,38 (AMD). 1981, c. 470, §A33 (AMD). 1981, c. 619, §3 (AMD). 1987, c. 398, §2 (AMD). 1989, c. 502, §B16 (AMD). 1997, c. 645, §§2-5 (AMD). 2003, c. 706, §A1 (AMD). 2007, c. 475, §6 (AMD).
1. District Court as Juvenile Court. The District Court shall exercise the jurisdiction conferred by this Part and, when exercising such jurisdiction, shall be known and referred to as the Juvenile Court.
[ 1979, c. 681, §38 (AMD) .]
2. Juvenile Court jurisdiction.
A. The Juvenile Court shall have exclusive original jurisdiction, subject to waiver of jurisdiction as provided in subsection 4, of proceedings in which a juvenile is alleged to have committed a juvenile crime, as defined in section 3103. [1979, c. 681, §38 (AMD).]
B. [1977, c. 664, §7 (RP).]
C. Juvenile Courts shall have jurisdiction over all petitions brought under the Uniform Interstate Compact on Juveniles, Title 34, chapter 9, pertaining to juveniles who have been adjudicated as having committed juvenile crimes in other states, but who are found within the territorial jurisdiction of Maine. [1979, c. 681, §38 (AMD).]
D. Juvenile Courts shall have exclusive original jurisdiction over proceedings in which an adult is alleged to have committed a juvenile crime before attaining his 18th birthday. For purposes of such proceedings such an adult shall be considered a juvenile. [1979, c. 681, §38 (AMD).]
E. Juvenile Courts shall have jurisdiction concurrent with the District Courts over petitions for emancipation brought under section 3506-A. [1981, c. 619, §3 (NEW).]
[ 1981, c. 619, §3 (AMD) .]
3. Juveniles mistakenly tried as adults.
A. If, during the pendency of any prosecution for a violation of law, in any court in the State against any person charged as an adult, it is ascertained that the person is a juvenile, or was a juvenile at the time the crime was committed, the court shall forthwith dismiss the case. [1977, c. 520, §1 (NEW).]
B. When a dismissal is ordered pursuant to paragraph A, a petition under chapter 507, alleging the same violation of law for which the juvenile was charged as an adult may be filed in Juvenile Court. [1979, c. 681, §38 (AMD).]
[ 1979, c. 681, §38 (AMD) .]
4. Bind-over.
A. When a petition alleges that a juvenile has committed an act which would be murder or a Class A, B or C crime if committed by an adult, the court shall, upon request of the prosecuting attorney, continue the case for further investigation and for a bind-over hearing to determine whether the jurisdiction of the Juvenile Court over the juvenile should be waived. In the event of such a continuance, the court shall advise the juvenile and his parents, guardian or legal custodian of the possible consequences of a bind-over hearing, the right to be represented by counsel, and other constitutional and legal rights in connection therewith. [1979, c. 681, §38 (AMD).]
B. Every bind-over hearing shall precede and shall be conducted separately from any adjudicatory hearing.
The Maine Rules of Evidence shall apply only to the probable cause portion of the bind-over hearing.
For the purpose of making the findings required by paragraph E, subparagraph (2), written reports and other material may be received by the court along with other evidence, but the court, if so requested by the juvenile, the juvenile's parent or guardian or other party, shall require that the person or persons who wrote the report or prepared the material appear as witness and be subject to examination, and the court may require that the persons whose statements appear in the report appear as witnesses and be subject to examination. [1989, c. 502, Pt. B, §16 (AMD).]
C. A verbatim record shall be kept in all bind-over proceedings. [1977, c. 520, §1 (NEW).]
C-1. With respect to the finding of probable cause required by paragraph E, subparagraph (1), the State has the burden of proof. [1997, c. 645, §2 (NEW).]
C-2. With respect to the finding of appropriateness required by paragraph E, subparagraph (2), the State has the burden of proof, except that in a case involving a juvenile who is charged with one or more juvenile crimes that, if the juvenile were an adult, would constitute murder, aggravated attempted murder, attempted murder, felony murder, Class A manslaughter other than the reckless or criminally negligent operation of a motor vehicle, elevated aggravated assault on a pregnant person, elevated aggravated assault, arson that recklessly endangers any person, causing a catastrophe, Class A robbery or Class A gross sexual assault in which the victim submits as a result of compulsion, the juvenile has the burden of proof. [2007, c. 475, §6 (AMD).]
D. The Juvenile Court shall consider the following factors in deciding whether to bind a juvenile over to Superior Court:
(1) Seriousness of the crime: the nature and seriousness of the offense with greater weight being given to offenses against the person than against property; whether the offense was committed in an aggressive, violent, premeditated or intentional manner;
(2) Characteristics of the juvenile: the record and previous history of the juvenile; the age of the juvenile; the juvenile's emotional attitude and pattern of living;
(3) Public safety: whether the protection of the community requires commitment of the juvenile for a period longer than the greatest commitment authorized; whether the protection of the community requires commitment of the juvenile to a facility that is more secure than any dispositional alternative under section 3314; and
(4) Dispositional alternatives: whether future criminal conduct by the juvenile will be deterred by the dispositional alternatives available; whether the dispositional alternatives would diminish the gravity of the offense. [1997, c. 645, §3 (RPR).]
E. The Juvenile Court shall bind a juvenile over to the Superior Court if it finds:
(1) That there is probable cause to believe that a juvenile crime has been committed that would constitute murder or a Class A, Class B or Class C crime if the juvenile involved were an adult and that the juvenile to be bound over committed it; and
(2) After a consideration of the seriousness of the crime, the characteristics of the juvenile, the public safety and the dispositional alternatives in paragraph D, that:
(a) If the State has the burden of proof, the State has established by a preponderance of the evidence that it is appropriate to prosecute the juvenile as if the juvenile were an adult; or
(b) If the juvenile has the burden of proof, the juvenile has failed to establish by a preponderance of the evidence that it is not appropriate to prosecute the juvenile as if the juvenile were an adult. [1997, c. 645, §4 (AMD).]
E-1. If the Juvenile Court binds the juvenile over to Superior Court, the court may direct detention of any such juvenile who is to be detained in a section of a jail that is used primarily for the detention of adults when it finds by clear and convincing evidence that:
(1) The juvenile's behavior presents an imminent danger of harm to that juvenile or to others; and
(2) There is not a less restrictive alternative to detention in an adult section that serves the purposes of detention.
In determining whether the juvenile's behavior presents a danger to that juvenile or others, the Juvenile Court shall consider, among other factors:
(a) The nature of and the circumstances surrounding the offense with which the juvenile is charged, including whether the offense was committed in an aggressive, violent, premeditated or intentional manner;
(b) The record and previous history of the juvenile, including the juvenile's emotional attitude and pattern of living; and
(c) If applicable, the juvenile's behavior and mental condition during any previous and current period of detention or commitment. [1997, c. 645, §5 (AMD).]
E-2. If the Juvenile Court binds a juvenile over to Superior Court and has not directed the detention of the juvenile in a section of a jail that is used primarily for the detention of adults pursuant to paragraph E-1, the court shall order that, if the juvenile attains 18 years and 6 months of age and is being detained, the juvenile be detained in an adult section of a jail. [2003, c. 706, Pt. A, §1 (NEW).]
F. The Juvenile Court shall bind over a child by entering an order finding probable cause, waiving jurisdiction and certifying the case for proceedings before the grand jury. The Juvenile Court shall enter written findings supporting its order finding probable cause and waiving jurisdiction. Proceedings concerning a juvenile who has been bound over to the Superior Court shall be conducted in the same manner and with the same powers and duties as if the juvenile were an adult. [1979, c. 681, §38 (AMD).]
G. In all prosecutions for subsequent crimes, any person bound over and convicted as an adult shall be proceeded against as if he were an adult. [1979, c. 512, §2 (NEW).]
[ 2003, c. 706, Pt. A, §1 (AMD); 2007, c. 475, §6 (AMD) .]
SECTION HISTORY
1977, c. 520, §1 (NEW). 1977, c. 664, §§6-10 (AMD). 1979, c. 512, §2 (AMD). 1979, c. 663, §115 (AMD). 1979, c. 681, §§3-5,38 (AMD). 1981, c. 470, §A33 (AMD). 1981, c. 619, §3 (AMD). 1987, c. 398, §2 (AMD). 1989, c. 502, §B16 (AMD). 1997, c. 645, §§2-5 (AMD). 2003, c. 706, §A1 (AMD). 2007, c. 475, §6 (AMD).
1. District Court as Juvenile Court. The District Court shall exercise the jurisdiction conferred by this Part and, when exercising such jurisdiction, shall be known and referred to as the Juvenile Court.
[ 1979, c. 681, §38 (AMD) .]
2. Juvenile Court jurisdiction.
A. The Juvenile Court shall have exclusive original jurisdiction, subject to waiver of jurisdiction as provided in subsection 4, of proceedings in which a juvenile is alleged to have committed a juvenile crime, as defined in section 3103. [1979, c. 681, §38 (AMD).]
B. [1977, c. 664, §7 (RP).]
C. Juvenile Courts shall have jurisdiction over all petitions brought under the Uniform Interstate Compact on Juveniles, Title 34, chapter 9, pertaining to juveniles who have been adjudicated as having committed juvenile crimes in other states, but who are found within the territorial jurisdiction of Maine. [1979, c. 681, §38 (AMD).]
D. Juvenile Courts shall have exclusive original jurisdiction over proceedings in which an adult is alleged to have committed a juvenile crime before attaining his 18th birthday. For purposes of such proceedings such an adult shall be considered a juvenile. [1979, c. 681, §38 (AMD).]
E. Juvenile Courts shall have jurisdiction concurrent with the District Courts over petitions for emancipation brought under section 3506-A. [1981, c. 619, §3 (NEW).]
[ 1981, c. 619, §3 (AMD) .]
3. Juveniles mistakenly tried as adults.
A. If, during the pendency of any prosecution for a violation of law, in any court in the State against any person charged as an adult, it is ascertained that the person is a juvenile, or was a juvenile at the time the crime was committed, the court shall forthwith dismiss the case. [1977, c. 520, §1 (NEW).]
B. When a dismissal is ordered pursuant to paragraph A, a petition under chapter 507, alleging the same violation of law for which the juvenile was charged as an adult may be filed in Juvenile Court. [1979, c. 681, §38 (AMD).]
[ 1979, c. 681, §38 (AMD) .]
4. Bind-over.
A. When a petition alleges that a juvenile has committed an act which would be murder or a Class A, B or C crime if committed by an adult, the court shall, upon request of the prosecuting attorney, continue the case for further investigation and for a bind-over hearing to determine whether the jurisdiction of the Juvenile Court over the juvenile should be waived. In the event of such a continuance, the court shall advise the juvenile and his parents, guardian or legal custodian of the possible consequences of a bind-over hearing, the right to be represented by counsel, and other constitutional and legal rights in connection therewith. [1979, c. 681, §38 (AMD).]
B. Every bind-over hearing shall precede and shall be conducted separately from any adjudicatory hearing.
The Maine Rules of Evidence shall apply only to the probable cause portion of the bind-over hearing.
For the purpose of making the findings required by paragraph E, subparagraph (2), written reports and other material may be received by the court along with other evidence, but the court, if so requested by the juvenile, the juvenile's parent or guardian or other party, shall require that the person or persons who wrote the report or prepared the material appear as witness and be subject to examination, and the court may require that the persons whose statements appear in the report appear as witnesses and be subject to examination. [1989, c. 502, Pt. B, §16 (AMD).]
C. A verbatim record shall be kept in all bind-over proceedings. [1977, c. 520, §1 (NEW).]
C-1. With respect to the finding of probable cause required by paragraph E, subparagraph (1), the State has the burden of proof. [1997, c. 645, §2 (NEW).]
C-2. With respect to the finding of appropriateness required by paragraph E, subparagraph (2), the State has the burden of proof, except that in a case involving a juvenile who is charged with one or more juvenile crimes that, if the juvenile were an adult, would constitute murder, aggravated attempted murder, attempted murder, felony murder, Class A manslaughter other than the reckless or criminally negligent operation of a motor vehicle, elevated aggravated assault on a pregnant person, elevated aggravated assault, arson that recklessly endangers any person, causing a catastrophe, Class A robbery or Class A gross sexual assault in which the victim submits as a result of compulsion, the juvenile has the burden of proof. [2007, c. 475, §6 (AMD).]
D. The Juvenile Court shall consider the following factors in deciding whether to bind a juvenile over to Superior Court:
(1) Seriousness of the crime: the nature and seriousness of the offense with greater weight being given to offenses against the person than against property; whether the offense was committed in an aggressive, violent, premeditated or intentional manner;
(2) Characteristics of the juvenile: the record and previous history of the juvenile; the age of the juvenile; the juvenile's emotional attitude and pattern of living;
(3) Public safety: whether the protection of the community requires commitment of the juvenile for a period longer than the greatest commitment authorized; whether the protection of the community requires commitment of the juvenile to a facility that is more secure than any dispositional alternative under section 3314; and
(4) Dispositional alternatives: whether future criminal conduct by the juvenile will be deterred by the dispositional alternatives available; whether the dispositional alternatives would diminish the gravity of the offense. [1997, c. 645, §3 (RPR).]
E. The Juvenile Court shall bind a juvenile over to the Superior Court if it finds:
(1) That there is probable cause to believe that a juvenile crime has been committed that would constitute murder or a Class A, Class B or Class C crime if the juvenile involved were an adult and that the juvenile to be bound over committed it; and
(2) After a consideration of the seriousness of the crime, the characteristics of the juvenile, the public safety and the dispositional alternatives in paragraph D, that:
(a) If the State has the burden of proof, the State has established by a preponderance of the evidence that it is appropriate to prosecute the juvenile as if the juvenile were an adult; or
(b) If the juvenile has the burden of proof, the juvenile has failed to establish by a preponderance of the evidence that it is not appropriate to prosecute the juvenile as if the juvenile were an adult. [1997, c. 645, §4 (AMD).]
E-1. If the Juvenile Court binds the juvenile over to Superior Court, the court may direct detention of any such juvenile who is to be detained in a section of a jail that is used primarily for the detention of adults when it finds by clear and convincing evidence that:
(1) The juvenile's behavior presents an imminent danger of harm to that juvenile or to others; and
(2) There is not a less restrictive alternative to detention in an adult section that serves the purposes of detention.
In determining whether the juvenile's behavior presents a danger to that juvenile or others, the Juvenile Court shall consider, among other factors:
(a) The nature of and the circumstances surrounding the offense with which the juvenile is charged, including whether the offense was committed in an aggressive, violent, premeditated or intentional manner;
(b) The record and previous history of the juvenile, including the juvenile's emotional attitude and pattern of living; and
(c) If applicable, the juvenile's behavior and mental condition during any previous and current period of detention or commitment. [1997, c. 645, §5 (AMD).]
E-2. If the Juvenile Court binds a juvenile over to Superior Court and has not directed the detention of the juvenile in a section of a jail that is used primarily for the detention of adults pursuant to paragraph E-1, the court shall order that, if the juvenile attains 18 years and 6 months of age and is being detained, the juvenile be detained in an adult section of a jail. [2003, c. 706, Pt. A, §1 (NEW).]
F. The Juvenile Court shall bind over a child by entering an order finding probable cause, waiving jurisdiction and certifying the case for proceedings before the grand jury. The Juvenile Court shall enter written findings supporting its order finding probable cause and waiving jurisdiction. Proceedings concerning a juvenile who has been bound over to the Superior Court shall be conducted in the same manner and with the same powers and duties as if the juvenile were an adult. [1979, c. 681, §38 (AMD).]
G. In all prosecutions for subsequent crimes, any person bound over and convicted as an adult shall be proceeded against as if he were an adult. [1979, c. 512, §2 (NEW).]
[ 2003, c. 706, Pt. A, §1 (AMD); 2007, c. 475, §6 (AMD) .]
SECTION HISTORY
1977, c. 520, §1 (NEW). 1977, c. 664, §§6-10 (AMD). 1979, c. 512, §2 (AMD). 1979, c. 663, §115 (AMD). 1979, c. 681, §§3-5,38 (AMD). 1981, c. 470, §A33 (AMD). 1981, c. 619, §3 (AMD). 1987, c. 398, §2 (AMD). 1989, c. 502, §B16 (AMD). 1997, c. 645, §§2-5 (AMD). 2003, c. 706, §A1 (AMD). 2007, c. 475, §6 (AMD).
