Maine

 

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Juvenile Collateral Consequences in the State of Maine

 

Introduction

            Although the Maine Juvenile Code limits public access to juvenile arrest and court records,[1] youth still suffer collateral consequences as a result of juvenile adjudications.  Currently, there is no statutory collection of collateral consequences for juvenile adjudications of delinquency, which leaves many juveniles, attorneys, and families unaware of the inevitable barriers to a juvenile’s future success.  Being adjudicated after committing a juvenile crime in Maine can affect later court proceedings, employment, driver’s licensing privileges, and public benefits.

 

Understanding the Justice System

            The juvenile courts of Maine have jurisdiction over individuals up to the age of eighteen[2] and over adults alleged to have committed a juvenile crime before the age of eighteen.[3]  A juvenile crime refers to conduct that, if committed by an adult, would violate a non-juvenile criminal statute, such as the Maine Criminal Code.[4]

            When a juvenile court finds that the evidence adequately supports allegations in a juvenile petition,[5] the court will adjudge that the juvenile has “committed a juvenile crime” and will issue an order of adjudication.[6]  Once the court issues an order of adjudication, a subsequent dispositional hearing is held to determine the appropriate sanction.[7]  Juvenile adjudication, however, is not the same as an adult conviction.[8]

            Juveniles may also be tried as adults in certain situations, and the process of transferring a juvenile to adult court is called a “bind-over.”[9]  There are no minimum age restrictions for such a transfer[10]—as long as the alleged act is one of the statutorily-enumerated offenses, the juvenile can be bound over to adult court.[11]  If the petition alleges that the juvenile committed murder or an offense that would be classified as a Class A, Class B, or Class C crime if the juvenile were an adult, the prosecuting attorney may request a bind-over.[12]  Once requested, the juvenile court must conduct a separate[13] bind-over hearing to determine whether it should give up jurisdiction.[14]  The court judge must also advise the juvenile and the juvenile’s parents or legal guardian of the right to be represented by counsel, the possible consequences of the bind-over hearing, and any other applicable legal rights to which the juvenile is entitled.[15]

            At the bind-over hearing, the court must consider the following factors:

  1. The seriousness of the offense;
  2. The juvenile’s prior criminal record, emotional attitude, age, and other characteristics;
  3. Whether public safety requires higher security and longer detention for a juvenile; and
  4. Dispositional alternatives such as alternative sanction, and whether these alternatives will deter future criminal activity or diminish the gravity of the offense.[16]

            The decision to transfer is discretionary and the more serious the offense, the more likely the juvenile will be transferred to adult court.  Ultimately, if the juvenile court finds probable cause that the juvenile committed the alleged offense, the court must enter an order waiving jurisdiction and certify the juvenile’s case for adult proceedings.[17]  If bound-over and convicted as an adult, the juvenile will be tried as an adult in all subsequent cases.[18]

 

Notification of Collateral Consequences of Juvenile Arrest & Court Records

            There is no statutory authority directing any member of the juvenile justice system, including judges, district attorneys, defense attorneys, probation officers, or police, to notify youth, parents, or attorneys about the collateral consequences of any type of court involvement.

            The closest notification requirement is Maine Rule of Criminal Procedure 11, which imposes a general requirement for a judge to ask a defendant about citizenship and advise that immigration consequences may result from a guilty or nolo contendre plea.[19]  However, the judge is not required or expected to inform the defendant of the actual nature of immigration consequences.[20]

 

Treatment of Juvenile Arrest Records

Are fingerprints of juveniles taken upon arrest?

            Law enforcement officers have the authority to collect and maintain a database of fingerprints for juveniles who have been taken into custody for juvenile crimes or who have been arrested and charged with juvenile crimes.[21]  There are no age limits on this authority.[22]

Where are juvenile arrest records stored?

            The Maine Bureau of Identification maintains a database, called the Maine Criminal Information System (“MCIS”),[23] which collects “criminal history record information” (“CHRI”) for adults and “juvenile crime information” (“JCI”) for juveniles.[24]  Generally, the juvenile crime information database only contains summary information concerning the passage of a juvenile through the juvenile justice system, such as the charge and disposition if it is related to offenses that would constitute murder or a Class A, Class B or Class C crime if the juvenile had committed the offense as an adult.[25]  This summary information may include data that can be publicly disseminated by law enforcement agencies, juvenile community corrections officers, prosecutors, courts and correctional facilities.[26]  However, public dissemination is limited and a juvenile’s full record is only accessible by criminal justice agencies.[27]

What information does a juvenile arrest record contain?

            Juvenile arrest records contain two separate reports:

Law Enforcement Report: If a law enforcement officer believes that charges should be brought against the juvenile and notifies a community corrections officer, the law enforcement officer must write a report for the community corrections officer that contains the following: the juvenile’s name, date of birth, and address; the name and address of the juvenile’s legal custodian; and the facts that led to notification of the community corrections officer, including the alleged offense.[28]  The report must also contain enough information to establish juvenile court jurisdiction over the juvenile.[29]

Juvenie Crime Information (JCI): Records for juveniles bound over as adults also include offender tracking information (e.g., the status of the offender if convicted of a crime), outstanding warrants, protective orders, stolen property, or any other information that is communicated from law enforcement agencies.[30]

What juvenile arrest data may be distributed and to whom?

            If a juvenile is taken into custody, law enforcement officers must automatically notify the juvenile’s legal custodian.[31]  In addition to this notification, availability of juvenile arrest data is as follows:

Public: The public does not have access to juvenile police records or community corrections officer records unless, (1) the court has given consent,[32]  (2) the records were included as part of the record of a public hearing,[33] (3) the juvenile is charged with murder or Class A, Class B, or Class C, as well as a Class D or Class E offense, and chooses to adjudicate all those charges in one hearing,[34]  (4) the juvenile was bound-over and is being tried as an adult,[35] or (5) the juvenile or the juvenile’s legal guardian consents to access the juvenile’s arrest records.[36]  In other words, once the juvenile’s court records become public information, the arrest information does, as well.

Parties: Juvenile police records and community corrections officer records must be open to inspection by the juvenile, the juvenile’s parents or legal guardian, the juvenile’s attorney, and the prosecuting attorney.[37]

Victim: The victim of a juvenile crime always has access to the juvenile’s identity upon request.[38]  The Victim’s Compensation Board may also inspect police and community corrections officer records if the juvenile is alleged to have committed an offense on which an application to the Board is based.[39]  Even if a community corrections officer decides not to recommend that a petition be filed against the juvenile, the victim or complainant still has access to the juvenile’s identity.[40]

Law Enforcement Personnel: Law enforcement officers can notify a juvenile community corrections officer if the law enforcement officer believes that a petition should be filed against the juvenile.[41]  Community corrections officers also have access to the law enforcement officer’s written report.[42]  A juvenile’s police and community corrections officer records can be shared between criminal justice agencies for the “administration of juvenile justice;” this includes “detection, apprehension, detention, conditional or unconditional release, informal adjustment, initial appearance, bind over, adjudication or disposition of accused juveniles or juvenile criminal offenders.”[43]

Health and Welfare Supervisors/School Officials: If a juvenile has been adjudicated as having committed a juvenile crime, people who directly supervise the health, behavior, or progress of that juvenile have access to arrest records if the information is made available for creating a rehabilitation plan for the juvenile.[44]  This includes school officials (the principal and the principal’s designates) who have access to a juvenile’s arrest records upon adjudication if the school officials are or might become responsible for the juvenile’s health and welfare, and if the information is being distributed as part of the juvenile’s school reintegration plan.[45]

            With regards to disclosure of juvenile records, it is important to note that any wrongful distribution of JCI is a Class E crime.[46]

 

Treatment of Juvenile Court Records

At what point in the court process do records begin?

            Maine juvenile courts must keep a verbatim record of all detention, bind-over, adjudicatory, and dispositional hearings.[47]  While most of these hearings occur after a petition has been filed, some detention hearings take place before the petition is filed.[48]

Where are juvenile records stored?

            Maine courts have two computerized systems that maintain court record data: the Maine Judicial Information System (“MEJIS”) and the full court system.[49]  In addition, as with arrest records, the Maine Bureau of Identification’s MCIS database compiles juvenile crime information.[50]

 What information does a juvenile court record contain?

            The juvenile court clerk’s record contains the docket entries, the petition alleging the juvenile crimes, the order of disposition or adjudication, all motions or actions, any findings of fact, all documentary exhibits, and a list of all retained exhibits.[51]  As stated above, Maine juvenile courts must keep a verbatim record of all detention, bind-over, adjudicatory, and dispositional hearings.[52]  In addition, schools can distribute relevant education records of preadjudicated juveniles to the court for the purpose of creating or maintaining plans for the juvenile’s rehabilitation.[53]  Reports relating to a juvenile’s mental, physical, and social history may also be used to determine the proper disposition of a juvenile who has been adjudicated of committing a crime, and can be included as part of the record.[54]

            A complete juvenile crime information record (available only to criminal justice agencies for criminal justice purposes) contains both adjudication and non-adjudication information.[55]

Who Can Access Juvenile Court Records?

Court Personnel: Law enforcement officers, officers of the court, and community corrections officers have access to juvenile records, but may not publicly release the juvenile’s identity unless a petition has been filed charging the juvenile with a crime that warrants a public hearing.[56]

Public: Generally, the public is excluded from juvenile hearings and proceedings[57] and may not inspect juvenile court records.[58]  Only people or organizations with a legitimate interest in the court proceedings or people conducting relevant research studies may have access to a juvenile’s record, and then only with the court’s consent.[59]  Any records released under these circumstances must omit the juvenile’s name, the names of the juvenile’s parents or legal guardian, the juvenile’s attorney, and any other parties.[60]  However, if a hearing is open to the public, the juvenile’s name,[61] the petition, the record of the hearing, and the order of adjudication are available to the public.[62]  It is also important to remember that if the juvenile is bound-over to adult court, the records become accessible as public records, just as an adult record.[63]

            If the juvenile is adjudicated to have committed the equivalent of the adult crime of gross sexual assault, the Department of Corrections must automatically provide a copy of the juvenile’s adjudication to day care facilities and other childcare organizations in the area where the juvenile lives, works, and attends school.[64]  The Department of Corrections can also provide this information to any other agency or person deemed necessary for public safety.[65]

Parties: The juvenile; the juvenile’s parents, legal guardian, or attorney; the prosecuting attorney; and any agency that can receive legal custody of the juvenile because of an adjudication have access to court records.

Victims: The victim always has access to the petition, the record of the hearing, and the order of adjudication, regardless of whether the hearing was open to the public.[66]  The court must also release the juvenile’s name to the victim at the victim’s request.[67]  Like arrest records, the Victim’s Compensation Board also has access to court records if the victim files an application with the Board.[68]

Schools: Like arrest records, school officials (the principal and the individuals the principal designates) have access to a juvenile’s records upon adjudication if school personnel are or might become responsible for the juvenile’s health and welfare or if the information is being distributed as part of the juvenile’s school reintegration plan.[69]  If the juvenile petition alleges the use or threatened use of physical force, the district attorney must notify the superintendent or principal of the juvenile’s school.[70]  However, this information remains confidential and limited only to the school’s use,[71] and will not become part of the juvenile’s educational record.[72]

Administrative Agencies and Departments: The Department of Health and Human Services has access to a juvenile’s court records prior to adjudication if commitment to the Department is a proposed disposition.[73]  If the juvenile is adjudicated to have committed a crime involving a motor vehicle, the court will automatically send the juvenile’s name, offense, date of the offense, date of the adjudicatory hearing, and any other relevant facts to the Secretary of State.[74]  Like arrest records, court records can be shared between criminal justice agencies for the administration of justice.

            As with arrest records, wrongful distribution of JCI is a Class E crime.[75]

 

Sealing and Expunging Delinquency Arrest and Court Records

Do juveniles have the ability to seal or expunge arrest and court records?

            An adjudicated individual has the right to petition the court to seal all records pertaining to a juvenile crime and its disposition, as well as any prior juvenile records.[76]  This includes court records, police records, and community corrections officers’ records.[77]

How does a juvenile seal a record?

            A person who has been adjudicated of committing a juvenile crime can seal personal juvenile records if:

  1. It has been at least three years since the end of the juvenile’s disposition for the juvenile crime;
  2. The person has not been adjudicated or convicted of a crime since the date of the disposition sought to be sealed; and
  3. There are no pending juvenile or adult criminal proceedings.[78]

            However, the court may refuse to seal juvenile records if the judge decides that the public’s right to information substantially outweighs the juvenile’s interest in privacy.[79]

Who has access to sealed juvenile records?

            If the juvenile record is sealed, only the courts, criminal justice agencies, the juvenile whose records were sealed, and whomever the juvenile designates, may access sealed records.[80]  The Victims’ Compensation Board, however, has open access to juvenile records at any time.[81]  Once sealed, a juvenile may respond to inquiries about a criminal record as if the crime never occurred.[82]

 

Challenging Court Record and Arrest Record Accuracy

            Both juveniles[83] and adults have a right to inspect personal juvenile crime information.[84] These individuals may also request an amendment or corrections of that information.[85]  The process is as follows:

  1. The individual should address a request (either in person or by mail) to the criminal justice agency where the information is kept and indicate the following: (1) the record involved, (2) the nature of the correction sought, and (3) justification for the amendment or correction.
  2. Upon receipt of the request, the agency must take the necessary steps to determine if the information is accurate; if the information is not accurate, the agency must immediately correct the error.
  3. Within fifteen days of receipt of the request (excluding weekends and legal holidays), the agency must notify the requesting individual that the agency has either corrected the error or that it refuses to make the requested amendment or correction.  A notice of refusal must include the reasons for the refusal and the agency’s procedure for administrative review of the refusal by the head of the agency, as well as the official’s contact information.[86]  This process is subject to judicial review.[87]

            In addition, individuals can request correction of a court transcript by submitting a request in writing to the court reporter or the Office of Transcript Production.[88]  Before a criminal justice agency can disseminate any information for non-criminal justice purposes, it must check with the State Bureau of Identification to verify that the data is up-to-date.[89]

 

Employment Opportunities

What employers are authorized to obtain juvenile records?                       

            Non-criminal justice individuals or entities (those that are not criminal justice agencies) may request juvenile crime information from the MCIS database.[90]  Searches performed for these non-criminal justice purposes will contain juvenile adjudication information.[91]  An individual’s juvenile court record is also accessible for criminal justice agency employment purposes.[92]

Can employers view juvenile records that have been sealed?

            If the juvenile record is sealed, only the courts, criminal justice agencies, the juvenile whose records were sealed, and whomever the juvenile designates, have access to the records.[93]

What type of employers can disqualify applicants based on juvenile records?

            Various professions in Maine require a criminal background check before commencing employment;[94] these checks will, as previously mentioned, disclose juvenile crime information and may be considered by those employers.[95]  For example, an individual who committed a juvenile offense that, if committed by an adult, would be punishable by one year or more in prison, is not eligible to be a private security guard.[96]  Notwithstanding other Maine confidentiality statutes, the commissioner must make juvenile crime records available for inspection before issuing a private security guard license.[97]

            In addition, the employment application for the Maine Conservation Corps specifically asks whether an applicant has been adjudicated as a juvenile offender, and indicates that an affirmative answer may or may not disqualify the applicant.[98]

How should juveniles respond to inquiries about a juvenile record on job applications?

            If a juvenile record has been sealed, the individual can respond to inquiries as if the crimes never occurred.[99]  If the juvenile record has not been sealed, employers have access to the information through the MCIS database, and individuals should disclose the information and respond accordingly.         

 

Collateral Consequences Affecting Elementary & Secondary Education Students

Can a complaint or petition brought against a juvenile affect elementary or secondary education?

Notification:  If a juvenile petition alleges the use or threatened use of physical force, the district attorney must notify the superintendent or principal of the juvenile’s school.[100]  Within ten days of receiving this information, or receipt of credible information from a law enforcement officer that there is a threat to other students or school personnel,[101] the school superintendent must convene a notification team.[102]  This team consists of the following parties: (1) the administrator of the school building or the administrator's designee, (2) at least one classroom teacher to whom the student is assigned, (3) a parent or guardian of the student, and (4) a guidance counselor.[103]

            Notification information includes the juvenile’s name, the nature of the alleged offense(s), the date of the alleged offense(s), the date of the petition, the date of adjudication (if applicable), and the location of the court where the case was brought.[104]  However, this information does not become part of the juvenile student’s education record.[105]

Reentry: Schools and corrections officers are also required to organize reintegration and transition services for juvenile offenders who are discharged from correctional facilities, as well as juveniles who were enrolled in educational programs at correctional facilities and are transitioning back into “regular” schools.[106]  For these functions, school officials have access to a juvenile’s record upon adjudication if the information is being distributed to create or maintain the juvenile’s school reintegration plan.[107]

Suspension and/or Expulsion: Upon receipt of notification, a public school may deny a juvenile admission and prevent participation in school programs or activities.  This can only occur, however, if (1) the juvenile student has failed to comply with a condition of a rehabilitation plan, and (2) that condition is relevant to the juvenile’s reintegration into school.[108]

            Schools cannot regulate off-campus conduct or conduct that fails to create a substantial disruption in the school.[109]  However, schools have the right to suspend or expel a student if, after proper investigation and due process, the school finds that suspension or expulsion is necessary for the peace and usefulness of the school.[110]  Violations worthy of suspension or expulsion include deliberate disobedience or disorder, infractions of violence, possession of a firearm (which requires automatic expulsion per the Gun-Free School Zones Act[111]) or a dangerous weapon on school property, causing injury or threatening injury with a dangerous weapon, and possession and/or trafficking drugs.[112]  Juveniles can challenge a suspension or expulsion with the superintendent’s office or before the school board.[113]  Juvenile offenders may also be placed in special education programs outside of “regular” schools.[114]

Are there collateral consequences affecting access to state higher education for a uvenile charged with or adjudicated of committing a crime?

            The universal undergraduate application used by the entire public University of Maine system asks whether the applicant has been adjudicated of committing a juvenile crime.[115]  Unless records have been sealed, a juvenile must answer, “yes” to this inquiry.[116]

            The standard undergraduate Common Application asks whether an applicant has been convicted of any misdemeanor, felony, or crime, and asks whether a student has been found responsible for a disciplinary violation, such as probation, suspension, removal, dismissal, or expulsion.[117]  Although juvenile crime information is not included as part of the student’s educational record, the student’s explanation of a disciplinary violation might require reference to the allegation or adjudication of the commission of a juvenile crime, particularly if committed on school property.[118]

            While some graduate programs require disclosure of any alleged offenses and adjudications or convictions, the Maine Bar Application excludes juvenile offense inquiries.[119]

 

Collateral Consequences to Receipt of Public Benefits & Privileges

Will a juvenile record affect chances of becoming a foster parent or adopting a child?

            Before placing a foster or adoptive child, the court must (and the Department of Child Welfare may) conduct a background check of the prospective placement; the check  includes all criminal history record information in the Maine Criminal Justice Information System.[120]

            If an individual was adjudicated of sexually abusing a person who was a minor at the time of abuse, there is a rebuttable presumption that such a person seeking contact with, custody of, or adoption of a child will put the child in jeopardy.   Therefore, the contact, custody, or adoption can be denied.[121]

Can a juvenile record affect eligibility for public housing?

            In general, there is no real differentiation between adult and juvenile offenses because adult and juvenile crimes are lumped together under “criminal activity” and are based on the landlord’s assessment.

            A landlord may terminate a public housing or Section 8 lease if the landlord determines that the tenant, any member of the tenant’s household, a guest, or another person under the tenant’s control, has engaged in general or drug-related criminal activity on or near the premises; is illegally using a drug; or the person’s drug use interferes with the health, safety, or right to peaceful enjoyment of the other residents.  This is regardless of whether that individual was actually arrested, convicted, or adjudicated.[122]

            If a tenant is evicted for drug-related criminal activity, readmission of the entire household is prohibited for three years after the date of eviction unless, (1) the household member who engaged in drug-related activity has successfully completed a rehabilitation program, or (2) the circumstances leading to the eviction no longer exist (e.g., the household member has died or is no longer part of the household).[123]  The public housing authorities may also request and access information from a drug abuse treatment facility regarding drug related offenses if a household member’s criminal record indicates a pattern of such activity.[124]

            Section 8 housing authorities regularly conduct criminal activity screenings on applicants, and inquire about drug-related criminal activity, violent criminal activity, sex offenses (including registration as a sex offender), and other criminal activity related to alcohol abuse and other matters.[125]  If an applicant or another household member refuses to sign a consent form to allow the background check, the household is automatically disqualified.[126]  In addition, although juvenile adjudications and dispositions are sealed, many public housing authorities have parents sign releases for children as part of the application process in order to grant access to the child’s juvenile records.[127]

Can having a juvenile record affect getting or keeping a driver’s license or permit?

            The Secretary of State has a broad right to restrict driver’s licenses and permits in the interests of “highway safety.”[128]  If adjudicated of operating or attempting to operate a motor vehicle, watercraft, ATV, or snowmobile[129] while under the influence of drugs or alcohol, a juvenile’s driver’s license or right to apply for and obtain a license must be suspended for 180 days.[130]  If adjudicated of drug trafficking, a driver’s license may be suspended for up to one year.[131]  The one-year term begins after the juvenile has served any period of detention, if applicable.[132]  A juvenile’s permit, license, or the right to apply for and obtain a license must also be suspended for thirty days if the juvenile transports liquor or marijuana, even if the community corrections officer decides not to recommend filing a petition against the juvenile.[133]

            A juvenile’s license may be suspended for up to six months if the juvenile is adjudicated of committing a drug offense.[134]  If a juvenile is adjudicated of committing or attempting to commit criminal vehicular homicide, the juvenile’s license must be revoked immediately, without further hearing, for a period of five years.[135]  If the juvenile was under the influence of alcohol or drugs at the time, the license must be revoked permanently.[136]

Can a juvenile record affect getting or keeping a gun license or permit?

            If adjudicated of committing a juvenile offense that, if committed by an adult, would be a disqualifying conviction, the juvenile is ineligible to own or possess a gun.[137]  If convicted of certain non-violent juvenile offenses, an individual may not own or possess a firearm for up to three years after the disposition has been completed.[138]

            In order to receive a license to carry a concealed weapon, an individual must be at least eighteen years of age, not prohibited from possessing a firearm under state law, and be of good moral character.[139]  When determining “good moral character,” the license issuing authority may consider juvenile adjudications that, if committed by an adult, would require one year or more in prison.[140]

Can a juvenile record affect eligibility for the military?

                A juvenile record may affect military eligibility. Juvenile adjudication does qualify as a criminal conviction under Army standards. A military recruiter can recommend overlooking an applicant’s criminal history by submitting a waiver to the approval authority. The Air Force, Navy, and Marine Corp abide by separate eligibility standards, but all recruiters have the ability to waive minimal criminal charges. US Army standards can be found here:

               http://www.apd.army.mil/pdffiles/r601_210.pdf

Can a juvenile record affect voting rights?

                A juvenile record does not affect voting rights in the state of Maine. Moreover, a juvenile is permitted to vote if he/she is currently completing the terms of his/her treatment or release. Complete voting rights for the state of Maine are available here:

                http://www.maine.gov/sos/cec/elec/right.htm

Can a juvenile record affect eligibility for jury service?

                An individual is not eligible for jury service until he or she has reached the age of 18. Federal law prohibits individuals who have been convicted of a felony punishable by imprisonment for more than one year from serving on a jury. A juvenile adjudication does not qualify as a felony conviction. The state of Maine does not set further standards regarding jury service and criminal history. For a complete list of Federal and state jury qualifications, please see the following:

                Federal: http://www.uscourts.gov/FederalCourts/JuryService/JurorQualificaitons.aspx

                State of Maine: http://www.courts.state.me.us/maine_courts/superior/jury/exemptions.html

Can a juvenile record affect immigration rights?

                Pursuant to Padilla v. Kentucky (130 S.Ct. 1473 [2010]), criminal defense attorneys are obliged to advise their client of the immigration consequences of their criminal charge. Generally, a juvenile adjudication does not qualify as a criminal conviction, and therefore, does not trigger immigration consequences. However, some juvenile adjudications are considered “bad conduct”, which can disqualify an individual from legal immigrant status and trigger deportation. Bad conduct can include, but is not limited to: sexual assault, prostitution, false claim to US citizenship, or drug abuse. Furthermore, a juvenile without legal status involved in the criminal justice system may prompt action by authorities and/or Immigration and Customs Enforcement. An undocumented juvenile should contact an immigration lawyer. Additional resources are available at www.defendingimmigrants.com

 

 

Special Offender Registries  (Sex, Domestic Violence, Predatory)

When will a juvenile have to register as a sex offender?

            Juveniles sentenced as adults for a sexual offense, or a sexually violent offense, must register with the Maine Sex Offender Registry.[141]  There is no registration requirement for juveniles who are charged and adjudicated in the juvenile system.  Once in adult court and sentenced as an adult, the juvenile’s registrations requirements will be the same as an adult. 

 

 


* Ashley N. Southerland is a third-year student at Cornell Law School and is expected to earn her Juris Doctorate in May 2011.

** Jordan E. Segall is a third-year law student at the University of Pittsburgh School of Law and is expected to earn his Juris Doctorate in May 2011.

[1]Me Rev. Stat. Ann. tit. 15, § 3308 (2009).

[2]Id. at § 3003(14) (2009).

[3]Id. at § 3101(2)(D).

[4]Id. at § 3103(1).

[5]See id. at § 3310(5)(A) (noting that for all offenses that carry a potential disposition of incarceration or probation (suspended incarceration), Maine's standard of proof is “beyond a reasonable doubt”). See id. at §§ 3310(5)(A), 3103(2) (showing that for offenses that do not carry the risk of incarceration the standard of proof is “preponderance of the evidence”).

[6]Id.at § 3310(5)(A).

[7]Id. at § 3310(5)(B), See Generally Me Rev. Stat. Ann. tit. 15 §§3312, 3314.

[8]Id. at § 3310(6).

[9]Id. at § 3101(4).

[10]Institute for Law and Justice, Prosecutor and Criminal Court Use of Juvenile Court Records: A National Study, app. A8 (1996).

[11] Me Rev. Stat. Ann. tit. 15 § 3101(4).

[12]Me Rev. Stat. Ann. tit. 15, § 3101(4)(A) (2009).

[13]Id. at § 3101(4)(B).

[14]Id. at § 3101(4)(A).

[15]Id.

[16]Id. at § 3101(4)(D).

[17]Id. at §§ 3101(4)(E)(1), 3101(4)(F) (indicating that the State has the burden of proof for all of the crimes in these bind-over proceedings, except when the juvenile has been charged with one or more juvenile crimes that would constitute offenses such as murder, aggravated assault, arson, robbery, or a Class A sexual assault for an adult). See id. at § 3101(4)(C-2) (listing the offenses for which the State does not have the burden of proof in bind-over proceedings).

[18]Id. at § 3101(4)(G) (2009).

[19]Me. R. Crim. P. 11(h).

[20]Id.

[21]Me Rev. Stat. Ann. tit. 25 § 1541(4-A)(B) (2009).

[22]Institute for Law and Justice, supra note 10, at app. A1.

[23]Me Rev. Stat. Ann. tit. 16 § 631 (2009); State Bureau of Identification, Enabling Legislation, http://maine.gov/dps/Sbi/legislation.html (last visited May 19, 2010) (outlining the authorizing statutes for the MCIS and CHRI).

[24]State Bureau of Identification, Public History Record Information Frequently Asked Questions, http://www5.informe.org/online/pcr/faq.htm (last visited July 8, 2010) (hereinafter “SBI FAQ”).

[25]Id. 

[26]Id.

[27]See Me Rev. Stat. Ann. tit. 15, § 3308(7)(A), (B) (2009) (providing authority for the interchange of juvenile records between criminal justice agencies for the “administration of criminal justice”).

[28]Id. at § 3203-A(3).

[29]Id.

[30]Me Rev. Stat. Ann. tit. 16, § 611(3) (2009); State Bureau of Identification Criminal Records Application, Criminal History Record Information, http://www10.informe.org/PCR/faq.html (last visited May 19, 2010).

[31]Me Rev. Stat. Ann. tit. 15, § 3203-A(2) (2009).

[32]Id. at § 3308(5).

[33]Me Rev. Stat. Ann. tit. 15, § 3308(5) (2009).

[34]Me Rev. Stat. Ann. tit. 15 § 3307(2)(B) (2009).

[35]Me Rev. Stat. Ann. tit. 16, § 612--A(3)A(3) (2009).

[36] Id.at § 3308(7)(C).

[37] Me Rev. Stat. Ann.tit. 15, § 3308(3) (2009).

[38]Id. at § 3308(7)(1-A).

[39]Id. at § 3308(9).

[40]Id. at § 3307(B-1).

[41]Id. at § 3203-A(1).

[42]Id. at § 3203-A(3).

[43]See id. at §§ 3308(7)(A), (B).

[44]Id. at § 3308(7)(B-1)(2).

[45]Id. at § 3308(7)(B-1).

[46]Me Rev. Stat. Ann.  tit. 16, § 619 (2009).

[47]Me Rev. Stat. Ann. tit. 15, § 3307(3) (2009).

[48]See id. at § 3203-A(5).

[49]The Maine Task Force on Electronic Court Record Access, Final Report to the Justices of the Maine Supreme Judicial Court 10 (2005), available at http://www.courts.state.me.us/publications_other/TECRA091605.pdf.

[50]SBI FAQ,supra note 23.

[51]Me. R. Crim. P. 36C(b).

[52]Me Rev. Stat. Ann. tit. 15, § 3307(3).

[53]Id. at § 3008.

[54]Id. at § 3311(1).

[55]SBI FAQ, supra note 23.

[56]See Me Rev. Stat. Ann. tit. 15, § 3307(1-A) (2009).

[57]Id. at § 3308(2).

[58]Id. at § 3308(1).

[59]Id. at § 3308(4).

[60]Id.

[61]Id. at § 3307(1-A).

[62]Id. at § 3308(2).

[63]See, e.g.,Me Rev. Stat. Ann. tit. 16, § 615 (2009) (“Conviction data may be disseminated to any person for any purpose.”).

[64]Me Rev. Stat. Ann. tit. 15, § 3308(7)(D) (2009).

[65]Id.

[66]Id. at § 3308(4).

[67]Id. at § 3308(3-A).

[68] Id. at § 3308(9).

[69] Id. at § 3308(7)(B-1)(2).

[70]Id. at § 3308(7)(E).

[71]Id.

[72]Id.

[73]Id. at § 3308(3).

[74]Id. at § 3308(6).

[75]Me Rev. Stat. Ann.  tit. 16, § 619(2) (2009).

[76]Me Rev. Stat. Ann. tit. 15, § 3308(8)(A) (2009).

[77]Id. at § 3308(5).

[78]Id. at §§ 3308(8)(A)(1)–(3).

[79]Id. at § 3308(8)(B).

[80]Id. at § 3308(8)(C).

[81]Id. at § 3308(9).

[82]Id. at § 3308(8)(D).

[83]Id. at § 3308(2). See also SBI FAQ, supra note 23(“While there is no specific provision related to the access, review and challenge of juvenile crime information, the State Bureau of Identification affords [juveniles] the same process as that which is used for [adult] criminal history records.”).

[84]Me Rev. Stat. Ann. tit. 16, § 620(1) (2009).

[85]Me. Rev. Stat. Ann. tit. 16, § 620(2) (2009).

[86]Id.

[87]Id.

[88]Office of Transcript Production, Frequently Asked Questions, http://www.courts.state.me.us/court_info/transcription/faqs.html (last visited July 8, 2010).

[89]Me. Rev. Stat. Ann. tit. 16, § 616 (2009).

[90]SBI FAQ, supra note 23.

[91]Id.

[92]Me Rev. Stat. Ann. tit. 15, § 3308(7)(B) (2009).

[93]Id. at § 3308(8)(C).

[94] For example, Me. Rev. Stat. Ann. tit. 32 § 8105 (2010), Me. Rev. Stat. Ann. tit. 32 §6135, Me. Rev. Stat. Ann. tit. 32 § 11033

[95]Id

[96]Me. Rev. Stat. Ann. tit. 32, § 9405(1-A)(E) (2009). See also Me Rev. Stat. Ann. tit. 32, § 9410-A(1)(E).

[97]Me Rev. Stat. Ann. tit. 15, § 9405(4)(C) (2009).

[98]Maine Conservation Corps, Application, available at http://www.maine.gov/doc/parks/mcc/documents/MCCApplication.pdf.

[99]Me Rev. Stat. Ann. tit. 15, § 3308(8)(D) (2009).

[100]Id. at § 3308(7)(E).

[101]Id. at § 3301-A.

[102]Me. Rev. Stat. Ann. tit. 20-A, § 1055(11) (2009).

[103]Id.

[104]Me. Rev. Stat. Ann. tit. 15, § 3308(7)(E) (2009).

[105]Id.

[106]Me. Rev. Stat. Ann. tit. 20-A, § 254(12) (2009).

[107]Me. Rev. Stat. Ann. tit. 15, § 3308(7)(B-1) (2009).

[108]Me Rev. Stat. Ann.  tit. 20-A, § 6001-B(3-A) (2009).

[109]See Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969) (establishing the “substantial disruption” standard).

[110]Me. Rev. Stat. Ann. tit. 20-A, § 1001(9) (2009).

[111]Id. at § 1001(9-A).

[112]Id. at § 1001(9).

[113]See id. at § 1001(9) (allowing for proper due process proceedings before suspension or expulsion).

[114]See Formalizing Connections Between Corrections and Education: Maine's Reintegration Teams, available at  http://www.neglected-delinquent.org/nd/resources/spotlight/spotlight200502a.asp (stating that “youth adjudicated in Maine are either sent to one of four regional community corrections centers or committed to residential care at the Mountain View Youth Development Center or the Long Creek Youth Development Center”).

[115]Maine’s Public Universities, University of Maine System Application for Undergraduate Admission, available at http://www.go.umaine.edu/files/2009/05/application.pdf (hereinafter “Maine Undergrad Application”).

[116]See Me Rev. Stat. Ann. tit. 15, § 3308(8)(D) (2009) (indicating that a juvenile may respond that they have no juvenile criminal history if asked by a criminal justice agency).

[117]The Common Application for Undergraduate College Admission: 2009–10 First Year Application, available at https://www.commonapp.org/CommonApp/Docs/2009-10CAO_Highlights.pdf.

[118]See, e.g.,Me Rev. Stat. Ann. tit. 20-A, § 1001(9-A) (2009); see Guidance on Determining What to Report on the Infinite Campus Behavior Tab, available at http://www.maine.gov/education/medms/BehaviorGuidance/behaviorguidance.htm (last visited July 12, 2010) (describing on-campus disciplinary “events” that school administrators should report, including aggravated assault, alcohol- and marijuana-related activity, and other behavioral issues that would also qualify as juvenile crimes).

[119]Maine Board of Bar Examiners, Instructions to Applicants Not Admitted In Another Jurisdiction For One Year Or More, available at http://www.mainebarexaminers.org/PDF%20Files/MBBE-NA-03.10.pdf.

[120]Me Rev. Stat. Ann. tit. 18-A, § 9-304(A-2) (2009). See also The Maine Children’s Home for Little Wanderers, Home Study Process, available at http://www.mainechildrenshome.org/adoption-home-study.php (last visited July 12, 2010).

[121]Me Rev. Stat. Ann. tit. 22, § 4005-E(3) (2009); Me Rev. Stat. Ann. tit. 22, § 4035(2-A) (2009).

[122]24 C.F.R. § 5.861 (2010); see also State of Maine Housing Authority, HUD Model Lease 202-8, available at http://www.mainehousing.org/Documents/PropertyMgmt/PropertyMgmt-HUDModelLease202-8.pdf(hereinafter “HUD Model Lease”); State of Maine Housing Authority, HUD Lease 202 PRAC- Supportive Housing for the Elderly, available at http://www.mainehousing.org/Documents/PropertyMgmt/PropertyMgmt-HUDModelLease202PRAC.pdf (hereinafter “HUD Elderly Lease”); State of Maine Housing Authority, Model Lease for Subsidized Family Programs, available at http://www.mainehousing.org/Documents/PropertyMgmt/PropertyMgmt-HUDModelLeaseSubsidizedFamily.pdf (hereinafter “HUD Subsidized Family Lease”); State of Maine Housing Authority, Implementation of the Violence Against Women and Justice Department

Reauthorization Act of 2005 for the Multifamily Project-Based Section 8

Housing Assistance Payments Program, available at http://www.mainehousing.org/Documents/PropertyMgmt/PropertyMgmt-VAWAAddendum.pdf.

[123]24 C.F.R. § 960.204(a) (2010).

[124]24 C.F.R. § 960.205(e)(1)(i)(A) (2010).

[125]Maine State Housing Authority, One Page Preliminary Application, available at http://www.mainehousing.org/Documents/Applications/Application-HousingChoiceVoucherSec8(MaineHousing).pdf,

[126]Id.

[127]24 C.F.R. § 5.903(b) (2010); Kristin N. Henning, Eroding Confidentiality in Delinquency Proceedings: Should Schools and Public Housing Authorities Be Notified?, 79 N.Y.U. L. Rev. 520, 570 (2004), available at http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1098&context=facpub.

[128]Me Rev. Stat. Ann. tit. 29-A, § 1257(4) (2009).

[129]Me Rev. Stat. Ann. tit. 15, § 3103(1)(E), (F) (2009).

[130]Id. at § 3314(3).

[131]Id. at § 3314(3-B).

[132]Id.

[133]Id. at § 3301(6).

[134]Id. at § 3314(3-A).

[135]Me. Rev. Stat. Ann. tit. 29-A, § 2454(1) (2009).

[136]Id. at § 2454(2).

[137]Me. Rev. Stat. Ann. tit. 15, § 393(1) (2009).

[138]Id. at § 393(1-A); National Rifle Association–Institute for Legislative Action, Firearm Laws for Maine 1, available at www.nraila.org/statelawpdfs/MESL.pdf.

[139]National Rifle Association–Institute for Legislative Action, supra note 145 at 1.

[140]Id.

[141]Me Rev. Stat. Ann. tit. 34-A, §§  11202(1), 11222 (2009).

Resources/Links

Division of Juvenile Services
http://www.maine.gov/corrections/JuvServices.htm
The Maine Justice Policy Center
http://muskie.usm.maine.edu/justiceresearch/juvenile.html
The Maine Juvenile Justice Task Force: A Preliminary Report
http://www.njjn.org/media/resources/public/resource_1540.pdf
Maine- An Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings
http://www.njdc.info/pdf/mereport.pdf
Office of the Maine Attorney General
http://www.maine.gov/ag/index.shtml
Cumberland County Public Defender
http://www.cumberlandcounty.org/da/faq.htm