APPROVED CHAPTER
JUNE 24, 2021 365
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 1247 - L.D. 1676
An Act To Limit Access to Juvenile Case Records and Protect the
Confidentiality of Juvenile History Record Information
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §709, sub-§1-B, as enacted by PL 2011, c. 507, §1, is repealed.
Sec. 2. 15 MRSA §709, sub-§1-C, as enacted by PL 2015, c. 470, §6, is amended
to read:
1-C. Administration of juvenile justice. "Administration of juvenile justice" has the
same meaning as in section 3308‑A 3003, subsection 1, paragraph A 1-A.
Sec. 3. 15 MRSA §712, sub-§2, as amended by PL 2015, c. 470, §8, is further
amended to read:
2. Investigative officers. It is not a violation of this chapter for an investigative
officer, or for another employee of the Department of Corrections authorized to exercise
law enforcement powers as described in Title 34‑A, section 3011, to intercept, disclose or
use that communication in the normal course of employment while engaged in any activity
that is related to the administration of criminal justice as defined in Title 16, section 703,
subsection 1 for the purposes of the Criminal History Record Information Act or as defined
in Title 16, section 803, subsection 2 for the purposes of the Intelligence and Investigative
Record Information Act; or while engaged in any activity that is related to the
administration of juvenile justice; or while engaged in any activity that is related to the
administration of juvenile criminal justice if:
A. Either the sender or receiver of that communication is a person residing in an adult
or juvenile correctional facility administered by the Department of Corrections; and
B. Notice of the possibility of interception is provided in a way sufficient to make the
parties to the communication aware of the possibility of interception, which includes:
(1) Providing the resident with a written notification statement;
(2) Posting written notification next to every telephone at the facility that is subject
to monitoring; and
Page 1 - 130LR0084(03)
 (3) Informing the recipient of a telephone call from the resident by playing a
recorded warning before the recipient accepts the call.
This subsection does not authorize any interference with the attorney-client privilege.
Sec. 4. 15 MRSA §713, sub-§2, as amended by PL 2015, c. 470, §10, is further
amended to read:
2. Contents obtained under this chapter. The contents of an interception of any oral
communication or wire communication that has been legally obtained pursuant to section
712, subsection 2 or 3 are admissible in the courts of this State, subject to the Maine Rules
of Evidence, if related to the administration of criminal justice as defined in Title 16,
section 703, subsection 1 for the purposes of the Criminal History Record Information Act
or as defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and
Investigative Record Information Act; the administration of juvenile justice; the
administration of juvenile criminal justice; or the statutory functions of a state agency.
Sec. 5. 15 MRSA §3003, sub-§1-A is enacted to read:
1-A. Administration of juvenile justice. "Administration of juvenile justice" means
activities related to the anticipation, prevention, detection, monitoring or investigation of
known, suspected or possible juvenile crimes and the apprehension or summonsing,
detention, conditional or unconditional release, informal adjustment, initial appearance,
bind-over, adjudication, disposition, custody and supervision or rehabilitation of accused
juveniles or adjudicated juvenile criminal offenders. "Administration of juvenile justice"
includes the collection, storage and dissemination of juvenile case records and juvenile
intelligence and investigative record information relating to the administration of juvenile
justice.
Sec. 6. 15 MRSA §3003, sub-§19-C is enacted to read:
19-C. Order of adjudication. "Order of adjudication" means any document,
including but not limited to a judgment and commitment order including conditions of
juvenile probation if imposed, any dismissal form or any written order that constitutes the
final disposition of a juvenile petition.
Sec. 7. 15 MRSA §3003, sub-§28 is enacted to read:
28. Victim. "Victim" has the same meaning as in Title 17-A, section 2101, subsection
2.
Sec. 8. 15 MRSA §3009, sub-§2, as amended by PL 2003, c. 205, §3, is further
amended to read:
2. Release of information. Upon the request of the superintendent or the
superintendent's designee under subsection 1, the Department of Corrections shall release
information as authorized under section 3308 3308-C, subsection 7 4, paragraph B‑1 C,
subparagraph (3) and Title 34‑A, section 1216, subsection 1, paragraph F to be used by the
reintegration team. Information received pursuant to this subsection is confidential and
may not be further disseminated, except as otherwise provided by law.
Sec. 9. 15 MRSA §3010 is enacted to read:
§3010. Dissemination of juvenile history record information by a Maine criminal
justice agency
Page 2 - 130LR0084(03)
 1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Confidential juvenile history record information" means all juvenile history record
information except public juvenile history record information.
B. "Criminal justice agency" has the same meaning as in Title 16, section 703,
subsection 4.
C. "Dissemination" has the same meaning as in Title 16, section 703, subsection 6.
D. "Executive order" has the same meaning as in Title 16, section 703, subsection 7.
E. "Juvenile history record information" means information of record collected by a
criminal justice agency or at the direction of a criminal justice agency or kept in the
custody of a criminal justice agency that connects a specific, identifiable juvenile with
formal involvement in the juvenile justice system either as a person accused of or
adjudicated as having committed a juvenile crime. "Juvenile history record
information" includes, but is not limited to, identifiable descriptions or notations of:
summonses and arrests; detention; petitions charging a juvenile with a juvenile crime
or any disposition stemming from such charges; post-plea or post-adjudication
disposition; execution of and completion of any disposition alternatives imposed;
release and discharge from involuntary commitment; any related pretrial and post-trial
appeals; collateral attacks; and petitions for and warrants of pardons, commutations,
reprieves and amnesties. "Juvenile history record information" does not include
information of record of civil proceedings, including traffic infractions and other civil
violations or juvenile intelligence and investigative record information as defined in
section 3308-A, subsection 1, paragraph E. As used in this paragraph, "formal
involvement in the juvenile justice system either as a person accused of or adjudicated
as having committed a juvenile crime" means being within the jurisdiction of the
juvenile justice system commencing with arrest, summons, referral to a juvenile
community corrections officer, preliminary investigation or filing of a juvenile petition
with the Juvenile Court and concluding with the completion of any informal adjustment
agreement or the completion of any disposition entered by the Juvenile Court.
F. "Public juvenile history record information" means information indicating that a
juvenile has been adjudicated as having committed a juvenile crime that would
constitute murder or a Class A, B or C crime if the juvenile adjudicated were an adult
and any resulting disposition imposed.
2. Juvenile history record information confidential. Except as provided in
subsection 3, juvenile history record information is confidential and not open to public
inspection, and does not constitute public records as defined in Title 1, section 402,
subsection 3.
3. Juvenile history record information pertaining to adjudications.
Notwithstanding subsection 2, if a juvenile has been adjudicated as having committed a
juvenile crime that would constitute murder or a Class A, B or C crime if the juvenile
adjudicated were an adult, then that adjudication and any resulting disposition imposed, but
no other related juvenile history record information, may be disclosed publicly.
Page 3 - 130LR0084(03)
 4. Dissemination of juvenile history record information by Maine criminal justice
agency. A Maine criminal justice agency, whether directly or through any intermediary,
may disseminate confidential juvenile history record information only to:
A. Another criminal justice agency for the purpose of the administration of juvenile
justice, the administration of criminal justice or criminal justice agency employment;
B. Any person for any purpose when expressly authorized by a statute, court rule, court
decision or court order containing language specifically referring to confidential
juvenile history record information or one or more of the types of confidential juvenile
history record information; or
C. A public entity for purposes of international travel, such as issuing visas and
granting of citizenship.
5. Required inquiry to State Bureau of Identification. A Maine criminal justice
agency, other than a court, shall query the Department of Public Safety, State Bureau of
Identification before disseminating any confidential juvenile history record information for
a noncriminal justice purpose to ensure that the most up-to-date disposition information is
being used. For purposes of this subsection, "noncriminal justice purpose" means a purpose
other than for the administration of juvenile justice, the administration of criminal justice
or criminal justice agency employment.
6. Unlawful dissemination of confidential juvenile history record information.
Any person who intentionally disseminates confidential juvenile history record information
knowing it to be in violation of any provision of this chapter commits a civil violation for
which a fine of not more than $1,000 may be adjudged. The District Court has jurisdiction
over violations under this subsection.
Sec. 10. 15 MRSA §3307, as amended by PL 2019, c. 525, §16, is further amended
to read:
§3307. Publicity and record Disclosure of juvenile's identity
1-A. Disclosure of juvenile's identity. A law enforcement officer, officer of the court,
juvenile community corrections officer or other representative of the Department of
Corrections may not disclose the identity of any juvenile until a petition is filed charging
the juvenile with a juvenile crime described in subsection 2 open to public inspection
pursuant to section 3308-C, subsection 2, paragraph A, B or C. This section does not
preclude the disclosure of the identity of a juvenile to a complainant or victim if a juvenile
community corrections officer decides not to file a petition in accordance with section
3301, subsection 5, paragraph A or B or if the juvenile community corrections officer
requests the prosecuting attorney to file a petition in accordance with section 3301,
subsection 5, paragraph C, or, if the victim is a minor, to the victim's parent or parents,
guardian or legal custodian, to a criminal justice agency for the administration of juvenile
justice or to the Department of Health and Human Services if necessary to carry out the
statutory functions of that department, regardless of whether a petition has been or will be
filed.
This section does not preclude the disclosure of the identity of a juvenile on conditional
release pursuant to section 3203-A or on informal adjustment pursuant to section 3301 to
a criminal justice agency for the administration of juvenile justice, or to the Department of
Page 4 - 130LR0084(03)
Health and Human Services if necessary to carry out the statutory functions of that
department.
1-B. Disclosure of juvenile's identity to victim. Upon request, the identity of a
juvenile subject to Juvenile Court proceedings must be disclosed by the Juvenile Court to:
A. The victim;
B. If the victim is a minor, the parent or parents, guardian or legal custodian of the
victim; or
C. If the victim cannot act on the victim's own behalf due to death, age, physical or
mental disease or disorder or intellectual disability or autism or other reason, an
immediate family member, guardian, legal custodian or attorney representing the
victim.
2. Certain hearings public.
A. Once a petition is filed, the general public may not be excluded from a proceeding
on a juvenile crime that would constitute murder or a Class A, Class B or Class C crime
if the juvenile involved were an adult; from a proceeding on a juvenile crime that would
constitute a Class D crime if the juvenile involved were an adult and the juvenile has
previously been adjudicated of committing a juvenile crime that would constitute a
Class D or higher class crime not arising from the same underlying transaction; or from
a subsequent dispositional hearing in such cases.
B. The general public is excluded from all other juvenile hearings and proceedings,
except that a juvenile charged with a juvenile crime that would constitute murder or a
Class A, Class B or Class C offense and with a juvenile crime that would constitute a
juvenile's first Class D offense or Class E offense or with conduct described in section
3103, subsection 1, paragraph B, C or E, arising from the same underlying transaction
may elect to have all charges adjudicated in one hearing, and, when a juvenile does so
elect, the general public is not excluded from that hearing.
3. Record. A verbatim record shall must be made of all detention, bind over,
adjudicatory and dispositional hearings.
Sec. 11. 15 MRSA §3308, as amended by PL 2019, c. 525, §17, is repealed.
Sec. 12. 15 MRSA §3308-A, sub-§1, ¶A, as enacted by PL 2013, c. 267, Pt. D,
§1, is repealed.
Sec. 13. 15 MRSA §3308-A, sub-§1, ¶C-1 is enacted to read:
C-1. "Dissemination" has the same meaning as in Title 16, section 703, subsection 6.
Sec. 14. 15 MRSA §3308-A, sub-§2, as amended by PL 2019, c. 525, §19, is
further amended to read:
2. Information part of juvenile case records. To the extent juvenile intelligence and
investigative record information has been made part of the juvenile case records,
dissemination of that juvenile intelligence and investigative record information by the court
having actual custody of the juvenile case records must be as provided by section 3307 and
section 3308 3308-C, subsection 4.
Sec. 15. 15 MRSA §3308-A, sub-§3, ¶B-2 is enacted to read:
Page 5 - 130LR0084(03)
 B-2. A governmental agency or subunit of a governmental agency in this State or
another state that pursuant to statute is responsible for investigating abuse, neglect or
exploitation of children or a governmental agency in this State or another state
responsible for the licensing of child care facilities, family child care providers or
children's camp programs or their employees;
Sec. 16. 15 MRSA §3308-A, sub-§3, ¶D, as amended by PL 2019, c. 525, §21, is
further amended by amending subparagraph (2) to read:
(2) A court order pursuant to section 3307 or 3308 3308-C.
Sec. 17. 15 MRSA §3308-A, sub-§4, as enacted by PL 2019, c. 525, §22, is
amended to read:
4. Dissemination of juvenile intelligence and investigative record information
subject to reasonable limitations. The dissemination of juvenile intelligence and
investigative record information by a criminal justice agency pursuant to subsection 3,
paragraphs B, B-1, B-2 and D is subject to limitations to reasonably ensure that
dissemination of the information will not:
A. Interfere with law enforcement proceedings relating to crimes;
B. Result in public dissemination of prejudicial information concerning an accused
person or concerning the prosecution's evidence that will interfere with the ability of a
court to impanel an impartial jury;
C. Constitute an unwarranted invasion of personal privacy, including, but not limited
to, the personal privacy of juveniles and victims;
D. Disclose the identity of a confidential source;
E. Disclose confidential information furnished only by a confidential source;
F. Disclose investigative techniques and procedures or security plans and procedures
not known by the general public;
G. Endanger the life or physical safety of any individual, including law enforcement
personnel;
H. Disclose information designated confidential by statute; and
I. Interfere with proceedings relating to civil violations, civil enforcement proceedings
and other civil proceedings conducted by the Department of the Attorney General or
by a district attorney's office.
To comply with this subsection a criminal justice agency may deny access in whole or in
part to records that contain or constitute juvenile intelligence and investigative record
information. A criminal justice agency also may prepare and provide redacted copies of
such records to a person or public or private entity authorized to receive the information
under this section.
Sec. 18. 15 MRSA §3308-A, sub-§7 is enacted to read:
7. Unlawful dissemination of confidential juvenile intelligence and inv