§3305. Answer
A juvenile must personally appear, and the juvenile or the juvenile's counsel may enter an answer asserting the absence of criminal responsibility by reason of insanity or denying, admitting or not contesting the allegations of the petition, in accordance with Rules 11 and 11A of the Maine Rules of Unified Criminal Procedure, except that, if the case has been continued for investigation and for a bind-over hearing pursuant to section 3101, subsection 4, paragraph A, the court may not accept an answer to the petition other than a denial or assertion of the absence of criminal responsibility by reason of insanity until the court has conducted a bind-over hearing and has decided to retain jurisdiction of the juvenile in the Juvenile Court or until the prosecuting attorney has withdrawn the request to have the juvenile tried as an adult. An answer may be both a denial and an assertion of the absence of criminal responsibility by reason of insanity. If the juvenile or the juvenile's counsel declines to enter an answer, the court shall enter an answer of denial. [PL 2015, c. 431, §30 (AMD).]
If the court accepts an answer admitting or not contesting the allegations of the petition, a dispositional hearing must be set at the earliest practicable time that will allow for the completion of a predisposition study conducted pursuant to section 3311 and for service of notice as required by section 3314, subsection 1, paragraph C‑1 or C‑2. If the answer entered is a denial or an assertion of the absence of criminal responsibility by reason of insanity, or both, or if the court declines to accept an answer admitting or not contesting the allegations of the petition, the matter must be set for further proceedings. [PL 2013, c. 234, §9 (AMD).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1987, c. 720, §3 (AMD). PL 1989, c. 741, §14 (AMD). PL 2011, c. 336, §3 (AMD). PL 2013, c. 234, §9 (AMD). PL 2015, c. 431, §30 (AMD).
Structure Maine Revised Statutes
TITLE 15: COURT PROCEDURE -- CRIMINAL
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION
15 §3301. Preliminary investigation, informal adjustment and petition initiation
15 §3302. Petition, form and contents
15 §3303. Dismissal of petition with prejudice
15 §3306-A. Release or detention at first appearance
15 §3307. Disclosure of juvenile's identity
15 §3308. Juvenile case records; inspection and sealing (REPEALED)
15 §3308-B. Mandatory notice to schools
15 §3308-C. Confidentiality of juvenile case records
15 §3308-D. Confidentiality of Juvenile Court proceedings
15 §3309-A. Limitation on diagnostic evaluations
15 §3309-B. Limitations on diagnostic evaluations in a secure detention facility
15 §3310. Adjudicatory hearing, findings, adjudication
15 §3311. Social study and other reports
15 §3311-A. Eligibility for deferred disposition
15 §3311-B. Deferred disposition
15 §3311-C. Court hearing as to final disposition
15 §3311-D. Limited review by appeal
15 §3312. Dispositional hearing
15 §3313. Criteria for withholding an institutional disposition
15 §3314-A. Period of probation; modification and discharge
15 §3314-C. Juvenile restitution
15 §3315. Right to periodic review
15 §3315-A. Termination of parental rights
15 §3316. Commitment to the Department of Corrections or the Department of Health and Human Services
15 §3317. Disposition after return to Juvenile Court
15 §3318. Mentally ill or incapacitated juveniles (REPEALED)
15 §3318-A. Determination of competency of a juvenile to proceed in a juvenile proceeding
15 §3318-B. Disposition of a juvenile found incompetent to proceed