Me. Rev. Stat. » Title 15
Maine Revised Statutes

Me. Rev. Stat. tit. 15, § 3309-A (2026)

Limitation on diagnostic evaluations

✓ current as of May 2026
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The court shall not order a juvenile to undergo a diagnostic evaluation, as defined in section 3003, subsection 4‑A, except as follows:   [PL 1985, c. 213 (RPR).]
1.  Information to assist findings in bind-over.  When the prosecutor has moved for a bind-over hearing pursuant to section 3101, subsection 4, or certifies in writing to the court that the results of such an evaluation are required in order to determine whether or not to so move;  
[PL 1985, c. 213 (RPR).]
2.  Information needed to make a disposition.  Following an order of adjudication pursuant to section 3310, subsection 5, paragraph A, for the purposes of making a disposition;  
[PL 1995, c. 690, §2 (AMD); PL 1995, c. 690, §7 (AFF).]
3.  By consent of the parties.  When the juvenile and the prosecuting attorney consent and the court finds that such an evaluation may be of assistance to it in carrying out the purposes of the Maine Juvenile Code; or  
[PL 1995, c. 690, §3 (AMD); PL 1995, c. 690, §7 (AFF).]
4.  Juvenile adjudicated of gross sexual assault.  After adjudication and before disposition when a juvenile is adjudicated of a juvenile crime that if committed by an adult would be gross sexual assault under Title 17‑A, section 253, subsection 1, the court shall order the juvenile to undergo a diagnostic evaluation and may order the evaluation to take place at a detention facility described in section 3203‑A, subsection 7, paragraph B.  
[PL 1999, c. 65, §1 (AMD).]
Nothing in this section may be construed to limit court-ordered examinations pursuant to sections 3318‑A and 3318‑B.   [PL 2011, c. 282, §1 (AMD).]
SECTION HISTORY
PL 1981, c. 619, §4 (NEW). PL 1983, c. 480, §A11 (AMD). PL 1985, c. 213 (RPR). PL 1995, c. 690, §§2-4 (AMD). PL 1995, c. 690, §7 (AFF). PL 1997, c. 752, §16 (AMD). PL 1999, c. 65, §1 (AMD). PL 2011, c. 282, §1 (AMD).
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Notes of Decisions
Cited in 2 cases, 1982–2018 · leading case: State v. Fulton, 178 A.3d 1225 (Me. 2018).
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State v. Fulton, 178 A.3d 1225 (Me. 2018). “As was explained at Fulton’s dispositional hearing by the forensic psychologist who performed a court-ordered evaluation of him, see 15 M.R.S. § 3309-A(4) (2017), considerations of human sexual development allow a distinction to be drawn between juveniles who are at least twelve…”
State v. Joseph W., 451 A.2d 1197 (Me. 1982). “We note that the enactment of 15 M.R.S.A. § 3309-A (P.L.1981, ch. 619, § 4) was subsequent to the adjudication in this case.”
— Me. Rev. Stat. tit. 15, § 3309-A(4) — 1 case
State v. Fulton, 178 A.3d 1225 (Me. 2018). “As was explained at Fulton’s dispositional hearing by the forensic psychologist who performed a court-ordered evaluation of him, see 15 M.R.S. § 3309-A(4) (2017), considerations of human sexual development allow a distinction to be drawn between juveniles who are at least twelve…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.