PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the bill in section 1 in paragraph A in the 10th line (page 1, line 13 in L.D.) by striking out the following: "Whenever possible and appropriate, the" and inserting the following: 'The'
Amend the bill by striking out all of sections 2 to 4 and inserting the following:
‘Sec. 2.  15 MRSA §3306-B  is enacted to read:
§ 3306-B. Physical restraints in the courtroom
 
1.  Physical restraints prohibited absent court order.     A juvenile may not be brought before the court wearing any physical restraints, except when ordered by the court during or prior to the juvenile's court appearance.
 
2.  Determination by the court.     If the State, the transporting agency, the judicial marshal or other designated court security informs the juvenile or the attorney for the juvenile of intent to use physical restraints during the proceedings and the juvenile or attorney for the juvenile objects the court shall determine whether one or more of the grounds for use of physical restraints listed in subsection 3 exists. The court, on its own motion, may determine whether one or more of the grounds for use of physical restraints listed in subsection 3 exists.
 
3.  Grounds for use of restraints.     The court may not order that physical restraints be used on a juvenile during a court proceeding unless the court determines that the use of physical restraints is necessary due to one or more of the following:
 
A.  The present behavior of the juvenile presents a current threat to that juvenile's safety or the safety of others in the courtroom;
 
B.  The present behavior of the juvenile presents a substantial risk of flight from the courtroom;
 
C.  Recent disruptive courtroom behavior of the juvenile has a created a threat to that juvenile's safety or the safety of others in the courtroom; and
 
D. The past behavior of the juvenile presents a substantial risk that the juvenile will create a threat to that juvenile's safety or the safety of others in the courtroom.’
Amend the bill in section 5 in paragraph H-1 in the first line (page 2, line 35 in L.D.) by striking out the following: "Whenever possible and appropriate, the" and inserting the following: 'The'
Amend the bill by inserting after section 5 the following:
‘Sec. 6. Review and report. The Criminal Law Advisory Committee shall review the laws regarding confidentiality and access to records of court proceedings pertaining to police records, juvenile community corrections officers’ records and all other reports of social and clinical studies pertaining to juveniles and shall report to the Joint Standing Committee on Criminal Justice and Public Safety by January 1, 2016 with any recommendations and necessary legislation. After reviewing the report, the joint standing committee is authorized to submit legislation to the Second Regular Session of the 127th Legislature.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment is the majority report of the committee. The amendment deletes the phrase "whenever possible and appropriate" from the bill as it relates to the circumstances under which a juvenile participates in a program intended to increase community safety, hold the juvenile accountable and assist the juvenile in becoming a responsible and productive member of society. The amendment directs the Criminal Law Advisory Committee to review the laws regarding confidentiality and access to records of court proceedings pertaining to police records, juvenile community corrections officers’ records and all other reports of social and clinical studies pertaining to juveniles and to report to the Joint Standing Committee on Criminal Justice and Public Safety by January 1, 2016 with any recommendations and necessary legislation. The amendment authorizes the joint standing committee to submit legislation to the Second Regular Session of the 127th Legislature. The amendment revises the procedure for the court to determine whether grounds for the use of restraints exist and adds to the grounds that past behavior of the juvenile presents a substantial risk that the juvenile's safety or the safety of others in the courtroom is threatened.