Delinquency Services Summary
Centralized State: A single state executive department administers most services to delinquents in Maine. The Department of Corrections, Division of Juvenile Services administers probation, diversion, and aftercare services through regional community corrections offices in Portland, Lewiston, Augusta, and Bangor. Regional correctional administrators direct these offices. The Department of Corrections, Division of Juvenile Services also administers detention and commitment programs.

Court(s) with Delinquency Jurisdiction
District Courts exercise jurisdiction over delinquency proceedings. District Courts are limited jurisdiction trial courts. For more information, visit Maine's Judicial Branch web site.

Highlights

Juvenile Drug Courts
Maine has four juvenile drug courts. Juveniles referred to this program must be at a high risk for future delinquency, have histories of chronic substance abuse contributing to delinquency, and must admit to the charges. The court assigns a case manager to each juvenile. Juveniles receive intensive treatment and supervision, including random urinalysis testing, regular check-ins, frequent meetings with case managers and treatment providers, attendance at support groups, if appropriate, and periodic judicial review by a District Court Judge.

Detention
The Department of Corrections, Division of Juvenile Services (DJS) administers secure juvenile detention. Youth may be held in detention units at both the Long Creek and the Mountain View Youth Development Centers.

Statute (Title 15 § 3203A) outlines the criteria for holding youth in detention, including to ensure the juvenile’s presence at court proceedings and to prevent juveniles from harming himself or herself or others. Juvenile Community Corrections Officers must review the detention criteria and complete a detention risk assessment instrument to determine whether youth should be securely detained.

Juveniles can be held in detention while awaiting adjudication, disposition, or placement. A period of detention may be used as a "shock" disposition for up to 30-days (Title 15 §3314). A "shock" disposition in a detention facility can occur all at once or over several time periods (e.g., weekends). Technically, secure detention is not used as a sanction for probation violations. However, a youth can be held in detention pending a hearing on the probation violation. The detention units of both facilities also house youth for up to seven days who have been sanctioned by drug court treatment programs for non-compliance.

Detention hearings must be held within 48 hours, excluding weekends and holidays. Maine’s juvenile code does not specify any time frames for the adjudication and disposition. However, at a detention hearing, it is normal practice for judges to set the dates for the adjudicatory hearing. Also, in most cases the dispositional hearing is held immediately following the adjudicatory hearing.

DJS' Juvenile Detention Alternative Program provides home detention for youth on conditional release or restriction. Other alternatives to detention are electronic monitoring, day reporting centers, and short-term placements. For more information, read the Division of Juvenile Services Report for 2006 and the Detention Project Briefing Paper by the Muskie School of Public Service.

Delinquency Intake Screening
Law enforcement officers may choose to divert cases or refer juveniles to the Department of Corrections, Division of Juvenile Services (DJS), in which case Juvenile Community Corrections Officers (JCCOs), working for DJS in one of four regional community corrections offices, receive delinquency referrals. JCCOs determine whether to handle cases informally or to recommend that the district attorney file a petition. The District Attorney's office reviews diversion decisions.

Diversion
Law enforcement officers or Juvenile Community Corrections Officers (JCCOs) may choose to refer cases to a diversion program, such as a Community Resolution Team. Community Resolution Teams consist of local volunteers trained in restorative justice principles. The team meets with the offender, victim, and other parties; allows each person to discuss the case; and then aids juvenile offenders in attempting to resolve or repair the harm done to the victim(s).

In addition, JCCOs may divert cases through informal adjustment. Under an informal adjustment, a juvenile may be ordered to pay restitution to the victim, perform community service, or comply with the requirements of the informal agreement as set by the JCCO, the juvenile, and his or her parents. The juvenile must admit to committing a juvenile crime before such an agreement can be made. Informal adjustments may not last longer than six months.

Predisposition Investigation
The court may request that a Juvenile Community Corrections Officer, working for the Department of Corrections, Division of Juvenile Services, conduct a predisposition investigation in writing or orally. This report includes material relating to a juvenile’s mental, physical, and social history.

Victim Rights and Services
Victims of juvenile offenders are entitled to the same rights given to victims of adult offenders in Title 17-A of Maine's Criminal Code. These rights include the right to be notified of plea agreements, judicial proceedings, and the offender’s release; to have input at sentencing;, and to request restitution.

In addition, the Department of Corrections adheres to restorative justice principles and has instituted several programs to that end. For more information, visit the Department of Corrections’ Victim Services web page. Programs include victim offender panels at the Youth Development Centers and Community Resolution Teams for victims of first-time, non-violent juvenile offenders.

The Maine Victims' Compensation Program in the Office of the Attorney General administers the crime victims’ compensation program.

Probation Supervision
Juvenile Community Corrections Officers (JCCOs), working for the Department of Corrections, Division of Juvenile Services, provide probation supervision from regional community corrections offices in Portland, Lewiston, Augusta, and Bangor. JCCOs are usually assigned a specific geographic area for which they are responsible. Maine does not have a standard for caseload size.

The district court sets the terms of probation. The Division of Juvenile Services uses the Youth Level of Service/Case Management Inventory to assess risk of recidivism for all youth under supervision. The results of the assessment are used to determine supervision level in the community and to develop case plans.

The Juvenile Risk Reduction Program offers case management services to juvenile offenders in their own communities, either before court, after court, or after release from a juvenile facility. Youth in the program are assessed to determine risk levels and responsivity factors. Using a wraparound team approach, the program facilitates the development of a comprehensive case plan that addresses the risk factors using approaches based on the family’s and juvenile’s strengths. Particular attention is paid to any identified responsivity factor to assure that the juvenile can benefit from the plan. The Program monitors the youth’s progress in reducing risk levels, keeping in close touch with the Department’s staff and other team members. The program takes 4 to 6 months to complete, depending on the complexity of the risk factors.

Juveniles may also be referred to evidence-based programs, such as Multisystemic Therapy, Functional Family Therapy, Multidimensional Treatment Foster Care, or cognitive behavioral treatment where it is available.

Juvenile Probation Officer Qualifications, Certification, and Training
Juvenile Community Corrections Officers (JCCOs) must have a bachelor's degree and six months of relevant work experience. Additional years of work experience may be substituted for education. The Department of Corrections is developing a curriculum to train JCCOs and creating a system for certifying them. JCCOs must complete 40 hours of training annually.

Juvenile Corrections Continuum
The Department of Corrections, Division of Juvenile Services administers the state's two delinquency institutions: Long Creek Youth Development Center in South Portland and Mountain View Youth Development Center in Charleston.

Commitment to State
Commitments to the Department of Corrections are for indeterminate periods of time; however, the term of commitment must be for a minimum of one year and may be extended up to age 21. The Commissioner of the Department of Corrections makes placement decisions. Juvenile Community Corrections Officers continue to provide overall case management services to committed juveniles.

The Division of Juvenile Services uses the Youth Level of Service/Case Management Inventory to assess risk of recidivism for all youth under supervision, including committed youth. The results of the assessment are used to develop case plans in the facility. A mental health screening protocol has been developed and screening tools identified. All committed youth are screened, resulting in individualized intervention plans.

Blended Sentencing
Maine requires blended sentencing for a juvenile bound over and convicted as an adult and sentenced to imprisonment if the juvenile has not attained 16 years of age at the time of sentencing and if the offense for which the juvenile was convicted is listed in the Maine Revised Statutes, Title 15, section 3101, subsection 4, paragraph C-2 as one for which the juvenile had the burden of proving bind-over was not appropriate. Blended sentencing affects only the place where imprisonment is served and means that the term of imprisonment, or, in the case of a split sentence, the unsuspended portion, imposed by the court must first be served in a Department of Corrections juvenile facility until the juvenile reaches 18 years of age or is sooner discharged from the facility and any imprisonment time remaining must then be served in a Department of Corrections adult facility.

Direct Placement
Although the court may only commit youth to the Maine Department of Correction's juvenile correctional facilities, it may add conditions of probation requiring placement out of home or participation in certain treatment programs, but not to any specific program. Juvenile Community Corrections Officers supervise juveniles in group homes and continue supervising them upon release.

Release
The superintendent of the Maine Department of Correction's juvenile correctional facilities makes release decisions based on staff reports regarding progress in the program. The Department of Corrections must review every commitment at least once every 12 months for youth committed to indeterminate sentences.

Aftercare/Re-entry
Juvenile Community Corrections Officers (JCCOs), working for Department of Corrections, Division of Juvenile Services in regional offices, provide aftercare supervision. Community reintegration plans are developed by Unit Treatment Teams comprised of facility staff as well as the supervising Juvenile Community Corrections Officer. The Juvenile Risk Reduction Program offers case management services to juvenile offenders in their own communities after release from a juvenile facility.

Maine is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Maine's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Maine Juvenile Code resides in Title 15 (Court Procedure - Criminal), Part 6 (Maine Juvenile Code)

Maine State Bar Association

Purpose Clauses
To read Maine's purpose clause for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 20

Juvenile Transfer Laws
For information on Maine's juvenile transfer laws, click here.

Juvenile Justice Leadership

Maine Juvenile Justice Advisory Group
Maine JJAG is the state advisory group charged with administering funds received through the federal Juvenile Justice Delinquency Prevention Act and monitoring compliance with the Act's mandates. The Department of Corrections, Division of Juvenile Services convenes this group.

Resources/Contacts
Maine Department of Corrections
Maine Judicial Branch
Maine Juvenile Justice Advisory Group
Maine State Bar Association
Maine Statistical Analysis Center

Publications
Division of Juvenile Services Report for 2006

Renna Hegg
Director, Juvenile Programs
Department of Corrections
Division of Juvenile Services
SHS #11
Augusta, ME 04333
Phone: (207) 287-4810
Fax: (207) 287-4370
renna.hegg@maine.gov

Kathryn McGloin
Juvenile Justice Specialist
Department of Corrections
111 State House Station
Augusta, ME 04333-0111
Phone: (207) 287-4371
Fax: (207) 287-4370

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Maine." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.