ME LD42

Allows the Department of Corrections to request that juveniles bound over for adult prosecution remain in juvenile detention facilities instead of adult jail sections while awaiting indictment

Requests must be submitted at least 14 days before the bind-over hearing, or at least 30 days before the juvenile turns 18 if that occurs after the hearing

Juvenile Court must consider three factors: risk of harm to others at the facility, whether behavioral health needs are better addressed in juvenile detention, and whether education or treatment programs would be disrupted by transfer to adult jail

Court grants the request if it finds by preponderance of evidence that continued juvenile facility detention is appropriate; the Department may later request rescission if circumstances change

Juveniles must be transferred out of juvenile facilities once an indictment is returned after age 18, or upon reaching age 21