15 §3003. Definitions
Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 501: GENERAL PROVISIONS
§3003. Definitions
As used in this Part, unless the context otherwise indicates, the following words and phrases shall have the following meanings. [1977, c. 520, §1 (NEW).]
1. Adjudicatory hearing. "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition under chapter 507 are supported by evidence beyond a reasonable doubt.
[ 1977, c. 520, §1 (NEW) .]
2. Adult. "Adult" means a person 18 years of age or over.
[ 1977, c. 520, §1 (NEW) .]
2-A. Attendant; attendant care. "Attendant" means an agent of a county sheriff or of the Department of Corrections who is authorized to provide temporary supervision of a juvenile alleged to have committed a juvenile crime or of a juvenile adjudicated as having committed a juvenile crime when supervision is appropriate as an interim measure pending the completion of a procedure authorized by law to be taken in regard to such juvenile. Supervision must be exercised during that period beginning with receipt of the juvenile by the attendant and ending upon the release of the juvenile to the juvenile's legal custodian or other responsible adult. This supervision constitutes "attendant care." Attendant care may not be ordered by the juvenile court except with the consent of the county sheriff or the Department of Corrections.
[ 2005, c. 328, §4 (AMD) .]
3. Bind over hearing. "Bind over hearing" means a hearing at which the Juvenile Court determines whether or not to permit the State to proceed against a juvenile as if he were an adult.
[ 1979, c. 681, §38 (AMD) .]
4. Commit. "Commit" means to transfer legal custody.
[ 1977, c. 520, §1 (NEW) .]
4-A. Diagnostic evaluation. "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.
[ 1989, c. 744, §1 (AMD) .]
4-B. Detention. "Detention" means the holding of a person in a facility characterized by either physically restrictive construction or intensive staff supervison that is intended to prevent a person who is placed in or admitted to the facility from departing at will.
[ 1991, c. 493, §1 (NEW) .]
5. Dispositional hearing. "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.
[ 1977, c. 520, §1 (NEW) .]
6. Emancipation. "Emancipation" means the release of a juvenile from the legal control of his parents.
[ 1977, c. 520, §1 (NEW) .]
7. Facility. "Facility" means any physical structure.
[ 1977, c. 520, §1 (NEW) .]
8. Guardian. "Guardian" means a person lawfully invested with the power, and charged with the duty, of taking care of the person and managing the property and rights of another person, who, because of age, is considered incapable of administering his own affairs.
[ 1977, c. 520, §1 (NEW) .]
9. He. "He" means, where appropriate, "she" or an organization.
[ 1977, c. 520, §1 (NEW) .]
10. Informal adjustment. "Informal adjustment" means a voluntary arrangement between a juvenile community corrections officer and a juvenile referred to the officer that provides sufficient basis for a decision by the juvenile community corrections officer not to file a petition under chapter 507.
[ 1999, c. 624, Pt. B, §1 (AMD) .]
11. Intake.
[ 1977, c. 664, §3 (RP) .]
12. Intake worker.
[ 1985, c. 439, §3 (RP) .]
13. Interim care. "Interim care" means the status of temporary physical control of a juvenile by a person authorized by section 3501.
[ 1977, c. 520, §1 (NEW) .]
14. Juvenile. "Juvenile" means any person who has not attained the age of 18 years.
[ 1977, c. 520, §1 (NEW) .]
14-A. Juvenile arrest. "Juvenile arrest" means the taking of an accused juvenile into custody in conformance with the law governing the arrest of persons believed to have committed a crime.
[ 1985, c. 439, §4 (NEW) .]
14-B. Juvenile community corrections officer. "Juvenile community corrections officer" means an agent of the Department of Corrections authorized:
A. To perform juvenile probation functions; [1985, c. 439, §4 (NEW).]
B. To provide appropriate services to juveniles committed to a Department of Corrections juvenile correctional facility who are on leave or in the community on community reintegration; and [2003, c. 688, Pt. A, §11 (RPR).]
C. To perform all community corrections officer functions established by this Part for a juvenile alleged to have committed a juvenile crime. [1999, c. 624, Pt. B, §2 (AMD).]
[ 2003, c. 688, Pt. A, §11 (AMD) .]
15. Juvenile Court. "Juvenile Court" means the District Court exercising the jurisdiction conferred by section 3101.
[ 1979, c. 681, §38 (AMD) .]
16. Juvenile crime. "Juvenile crime" has the meaning set forth in section 3103.
[ 1977, c. 520, §1 (NEW) .]
17. Law enforcement officer. "Law enforcement officer" means any person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders, to make arrests for crimes , whether that duty extends to all crimes or is limited to specific crimes, to perform probation functions or to perform intensive supervision functions.
[ 1989, c. 113, §1 (AMD) .]
18. Legal custodian. "Legal custodian" means a person who has legal custody of a juvenile.
[ 1977, c. 520, §1 (NEW) .]
19. Legal custody. "Legal custody" means the right to the care, custody and control of a juvenile and the duty to provide food, clothing, shelter, ordinary medical care, education and discipline for a juvenile, and, in an emergency, to authorize surgery or other extraordinary care.
[ 1977, c. 520, §1 (NEW) .]
20. Organization. "Organization" means a corporation, partnership or unincorporated association.
[ 1977, c. 520, §1 (NEW) .]
21. Parent. "Parent" means either a natural parent or the adoptive parent of a juvenile.
[ 1977, c. 520, §1 (NEW) .]
22. Person. "Person" means a human being or an organization.
[ 1977, c. 520, §1 (NEW) .]
23. Probation. "Probation" means a legal status created by court order in cases involving a juvenile adjudicated as having committed a juvenile crime, which permits the juvenile to remain in his own home or other placement designated by the Juvenile Court subject to revocation for violation of any condition imposed by the court.
[ 1979, c. 681, §2 (AMD) .]
24. Probation officer; juvenile probation officer.
[ 1985, c. 439, §5 (RP) .]
24-A. Secure detention facility. "Secure detention facility" means a facility characterized by physically restrictive construction that is intended to prevent a person who is placed in or admitted to the facility from departing at will.
[ 1991, c. 493, §2 (AMD) .]
25. Shelter. "Shelter" means the temporary care of a juvenile in physically unrestricting facilities.
[ 1977, c. 520, §1 (NEW) .]
26. Temporary holding resource. "Temporary holding resource" means an area not in a jail or other secure detention facility intended or primarily used for the detention of adults that may be used to provide secure supervision for a juvenile for a period not to exceed 72 hours, excluding Saturday, Sunday and legal holidays, pending the completion of a procedure authorized by law to be taken in regard to a juvenile. Security is provided by intense personal supervision rather than by the physical characteristics of the facility.
[ 1991, c. 493, §3 (AMD) .]
27. Temporary supervision. "Temporary supervision" means that supervision provided by an attendant delivering attendant care as defined in subsection 2-A.
[ 1985, c. 439, §7 (NEW) .]
SECTION HISTORY
1977, c. 520, §1 (NEW). 1977, c. 664, §§2-5 (AMD). 1979, c. 681, §§2,38 (AMD). 1981, c. 493, §2 (AMD). 1981, c. 619, §2 (AMD). 1985, c. 439, §§1-7 (AMD). 1987, c. 398, §1 (AMD). 1987, c. 698, §1 (AMD). 1989, c. 113, §1 (AMD). 1989, c. 744, §§1,2 (AMD). 1989, c. 925, §2 (AMD). 1991, c. 493, §§1-3 (AMD). 1999, c. 401, §J4 (AMD). 1999, c. 624, §§B1,2 (AMD). 2001, c. 439, §G6 (AMD). 2003, c. 180, §2 (AMD). 2003, c. 410, §4 (AMD). 2003, c. 688, §A11 (AMD). 2005, c. 328, §4 (AMD).