34-B M.R.S. § 3862-A — ME Code / Title 34-B / Chapter 3 / Section 3862-A
34-B §3862-A. Extreme risk protection orders
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Dangerous weapon" or "weapon" has the same meaning as in Title 17‑A, section 2, subsection 9, paragraph C , including a firearm as defined in Title 17‑A, section 2, subsection 12‑A . [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] B. "Extended restrictions" means the continued threat‑based restrictions imposed by the court pursuant to subsection 6, paragraph D . [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] C. "Initial restrictions" means the immediate and temporary 30‑day threat‑based restrictions pursuant to subsection 4 . [PL 2023, c. 675, §11 (AMD).] D. "Judicial hearing" means a court hearing under subsection 6 . [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] E. "Law enforcement agency" has the same meaning as in Title 25, section 3701, subsection 1 . [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] F. "Law enforcement officer" means a person vested by law with the power to make arrests for crimes or serve criminal process, whether that power extends to all crimes or is limited to specific crimes, and who possesses a current and valid certificate issued pursuant to Title 25, section 2803‑A . [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] G. "Likelihood of foreseeable harm" means a substantial risk in the foreseeable future of serious physical harm to the person as manifested by recent behaviors or threats of, or attempts at, suicide or serious self‑inflicted harm; or a substantial risk in the foreseeable future of serious physical harm to other persons as manifested by recent homicidal or violent behavior or by recent conduct or statements placing others in reasonable fear of serious physical harm. [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] H. "Medical practitioner" has the same meaning as in section 3801, subsection 4‑B . [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] I. "Prohibited person" means a person subject to Title 15, section 393, subsection 1, paragraph E‑1 or E‑2 . [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] J. "Protective custody" means protective custody under section 3862 . [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] K. "Restricted person" means a person taken into protective custody by a law enforcement officer who the officer has probable cause to believe possesses or controls or may acquire a dangerous weapon and who is found by a medical practitioner to present a likelihood of foreseeable harm. [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] L. "Threat-based restriction" means a prohibition on a restricted person from purchasing, possessing or controlling or attempting to purchase, possess or control a dangerous weapon during the period of the restriction. [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] [PL 2023, c. 675, §11 (AMD).]

2. Assessment by a medical practitioner; security; immunity. This subsection applies when a law enforcement officer has taken a person into protective custody. A. Notwithstanding any provision of law to the contrary, the law enforcement officer shall provide to the medical practitioner the information that led to the protective custody including, but not limited to, the information that gave rise to the probable cause determination, the person's pertinent criminal history record information and other known history and recent or recurring actions and behaviors. [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] B. The medical practitioner under this subsection shall assess whether the person presents a likelihood of foreseeable harm. In assessing the person, a medical practitioner may consult with other medical professionals as the medical practitioner determines advisable. If the medical practitioner finds that the person can benefit from treatment and services, the medical practitioner shall refer the person to treatment and services. The medical practitioner may rely on information provided by a 3rd party if it reasonably appears that the 3rd party has had recent personal observations of or conversations with the person being assessed. [PL 2023, c. 675, §12 (AMD).] C. Notwithstanding any provision of law to the contrary, an assessment pursuant to this section may be performed at a health care facility or, when available and as appropriate, may be performed at an alternative location. The assessment may be facilitated using telehealth technology. If the assessment is provided at a health care facility, law enforcement shall, upon request of the facility and consistent with section 3863, subsection 2‑A , absent compelling circumstances, assist the facility with the security of the person awaiting the assessment under this section. [PL 2023, c. 675, §13 (AMD).] C-1. The assessment required by this subsection must be performed while the person being assessed remains in protective custody, except that the assessment may be performed within 24 hours after the person is released from protective custody if: (1) The protective custody stemmed from a law enforcement officer's probable cause to believe the person may be mentally ill and presents a likelihood of serious harm because the person possesses, controls or may acquire a dangerous weapon; and (2) An examination under section 3863 has occurred. [PL 2023, c. 675, §14 (NEW).] D. A juvenile, as defined in Title 15, section 3003, subsection 14 , who is subject to this section may be accompanied at the assessment by a parent, guardian, grandparent, aunt or uncle or a sibling who has attained the age of 18, whose company is requested by the juvenile, who is timely available and whose accompaniment is practicable. [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] E. A medical practitioner and any other medical or mental health professional consulted by the medical practitioner are not liable in a civil action brought by any person for any act performed in good faith in execution of the obligations imposed on medical practitioners by this section, including any decision regarding the affirmative or negative assessment of the likelihood of foreseeable harm. The immunity provided in this paragraph also applies to a principal if the medical practitioner or professional is acting as an agent or employee of the principal. [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] [PL 2023, c. 675, §§12-14 (AMD).]

2-A. Protective custody warrant for purposes of conducting an assessment. If a law enforcement officer is unable to take a person into protective custody to conduct an assessment under this section, the law enforcement officer may apply for a protective custody warrant. The officer must submit an affidavit of probable cause for a protective custody warrant to a Justice of the Superior Court, a Judge of the District Court or a justice of the peace. The justice, judge or justice of the peace shall issue a protective custody warrant and promptly transmit that warrant to the officer for execution upon finding the affidavit under this subsection is sufficient to establish: A. Probable cause to believe that the person may be mentally ill and due to that condition presents a likelihood of serious harm; [PL 2023, c. 675, §15 (NEW).] B. Probable cause to believe that the person possesses, controls or may acquire a dangerous weapon; and [PL 2023, c. 675, §15 (NEW).] C. That the officer has made reasonable attempts to take the person into custody without a warrant. [PL 2023, c. 675, §15 (NEW).] A warrant transmitted by facsimile machine or an electronic warrant transmitted by secure electronic means has the same legal effect and validity as an original endorsement signed by the justice, judge or justice of the peace. The electronic protective custody warrant or paper protective custody warrant may be executed by a law enforcement officer authorized to take the person into protective custody as provided in section 3862, subsection 1, paragraph B . [PL 2023, c. 675, §15 (NEW).]

3. Notification by medical practitioner and judicial endorsement. A medical practitioner shall notify in writing the law enforcement officer or law enforcement agency that took the person into protective custody under section 3862, subsection 1, paragraph B that, based on the assessment, the person is found to present a likelihood of foreseeable harm. If so notified, the law enforcement officer or law enforcement agency shall as soon as practicable seek endorsement by a Justice of the Superior Court, a Judge of the District Court or a justice of the peace of the medical practitioner's assessment and law enforcement's declarations that the person was taken into protective custody and that the law enforcement officer has probable cause to believe that the person possesses, controls or may acquire a dangerous weapon. The justice or judge shall promptly transmit to the law enforcement officer or agency the decision to endorse or not endorse. A decision transmitted electronically has the same legal effect and validity as a signed original. An endorsement must authorize law enforcement to execute the authority in subsection 4 . This section may not be construed to prevent law enforcement from accepting a voluntary surrender of dangerous weapons. [PL 2023, c. 675, §16 (AMD).]

4. Initial restrictions; notice by law enforcement. A person whose assessment is endorsed by a judicial officer under subsection 3 becomes, at the time of notice by a law enforcement officer under paragraph B , a restricted person subject to initial restrictions and subject to the prohibitions in Title 15, section 393, subsection 1, paragraphs E‑1 and E‑2 as follows: A. The restricted person, after notice under paragraph B : (1) Is prohibited from possessing, controlling, acquiring or attempting to possess, control or acquire a dangerous weapon pending the outcome of a judicial hearing; (2) Shall immediately and temporarily surrender any weapons possessed, controlled or acquired by the restricted person to a law enforcement officer who has authority in the jurisdiction in which the weapons are located pending the outcome of a judicial hearing; and (3) Has a right to a judicial hearing within 30 days of notice under paragraph B ; and [PL 2023, c. 675, §17 (AMD).] B. A law enforcement officer shall, as soon as practicable after the judicial endorsement, unless the restricted person is medically incapacitated, in which case within 48 hours after the law enforcement officer has been notified that the person is no longer medically incapacitated: (1) Notify the restricted person that the restricted person: (a) Is prohibited from possessing, controlling, acquiring or attempting to possess, control or acquire a dangerous weapon pending the outcome of a judicial hearing; (b) Is required to immediately and temporarily surrender any weapons possessed, controlled or acquired by the restricted person to a law enforcement officer who has authority in the jurisdiction in which the weapons are located pending the outcome of a judicial hearing; and (c) Has a right to a judicial hearing within 30 days of the notice under this paragraph; (2) Notify the contact person, if any, disclosed by the restricted person to the medical practitioner and the district attorney in the district where the person was taken into protective custody of the person's restricted status; (3) Report the person's restricted status to the Department of Public Safety as soon as practicable; and (4) Provide a copy to the court of the notification to the restricted person, including the date of notification. [PL 2023, c. 675, §17 (AMD).] [PL 2023, c. 675, §17 (AMD).]

5. Temporary surrender to law enforcement. A law enforcement agency may store, or make arrangements with another law enforcement agency or federally licensed firearms dealer to store, and care for the weapons surrendered by a restricted person in the manner provided in subsection 7 . A restricted person who makes all practical, immediate efforts to comply with a surrender notice under subsection 4 is not subject to arrest or prosecution as a prohibited person under Title 15, section 393, subsection 1, paragraph E‑1 or E‑2 . If a law enforcement agency has probable cause to believe the restricted person possesses or controls but has not surrendered a weapon, law enforcement may, prior to or as part of a judicial hearing, search for and seize such a weapon when authorized by a judicially issued warrant or other circumstances approved by law. [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).]

6. Judicial hearing. A judicial hearing under this section is governed by this subsection. A. Within 14 days of the date of the notice given to a restricted person under subsection 4, paragraph B , the court shall schedule a hearing in the district where the person was taken into protective custody and provide notice of the hearing to the restricted person and the district attorney at least 7 days prior to the hearing. The restricted person has the right to be represented by counsel at the hearing, and the court may appoint counsel for an indigent party. Upon a showing of good cause, the court may extend the time to hold the hearing. [PL 2023, c. 675, §18 (AMD).] B. Within 30 days of the notice given under subsection 4 , the court shall hold a hearing to determine whether to dissolve or extend the initial restrictions. Upon a showing of good cause, the court may extend the time to hold the hearing. In the hearing determining whether to dissolve or extend the initial restrictions, the district attorney has the burden to prove by clear and convincing evidence that the restricted person presents a likelihood of foreseeable harm. [PL 2023, c. 675, §19 (AMD).] C. In determining whether there are grounds to extend the initial restrictions, the court shall consider all relevant evidence, including, but not limited to, recent threats or acts of violence by the restricted person directed toward other persons; recent threats or acts of violence by the restricted person directed toward the restricted person; recent acts of unlawful abuse of animals by the restricted person; the reckless use or threatening display of a dangerous weapon by the restricted person; a history of the use, attempted use or threatened use of physical force by the restricted person against other persons; a record of prior custodial events or restrictions under this section; prior involuntary confinement of the restricted person in a hospital for persons with psychiatric disabilities; prior protection from abuse and protection from harassment orders against the restricted person or violations regarding protection from abuse or protection from harassment by the restricted person; evidence of stalking behavior, severe obsession or sexual violence by the restricted person; the illegal use of controlled substances by the restricted person; and evidence of alcohol or drug abuse by the restricted person. The court may consider affidavits and other reliable hearsay in making this determination. The court shall also consider whether the restricted person is receiving treatment responsive to that person's mental health or substance use needs. [PL 2023, c. 675, §20 (AMD).] D. This paragraph governs court orders. (1) If the court finds after hearing that there is not clear and convincing evidence to continue or extend the initial restrictions, the court shall dissolve the initial restrictions and order the return of any weapons surrendered or seized. The court shall direct the Department of Public Safety to remove the record of restrictions from the department's pertinent database when developed by the department. (2) If the court finds after hearing that there is clear and convincing evidence to continue or extend the initial restrictions, the court shall inform the restricted person that the restricted person is prohibited for up to one year from purchasing, possessing or controlling any dangerous weapon or attempting to purchase, possess or control any dangerous weapon. The court shall further order the person to immediately surrender dangerous weapons possessed or controlled by that person to a law enforcement officer and notify the Department of Public Safety for entry in the pertinent database when developed by the department. (3) Extended restrictions imposed under this paragraph expire according to the terms of the court's order. The court shall schedule a hearing within 45 days prior to the expiration of the order to determine if the order should be extended. The district attorney has the burden of proving that the restricted person continues to pose a likelihood of foreseeable harm. If, after a hearing, the court finds by clear and convincing evidence that the restricted person continues to pose a likelihood of foreseeable harm, the court shall renew the extended restrictions for up to one year. If the court does not so find, the court shall deny the petition and order the return of any weapons surrendered or seized. Upon motion by the State, the court may for cause shown order that the restricted person be examined for assessment of whether the restricted person continues to pose a likelihood of foreseeable harm. The fees or expenses for an assessment pursuant to this subparagraph may be paid from the Extradition and Prosecution Expenses Account established by Title 15, section 224‑A . (4) A restricted person may file one motion for dissolution during an extended restriction. For that motion, the restricted person has the burden of proving by clear and convincing evidence that the restricted person no longer poses a likelihood of foreseeable harm. (5) A court shall electronically update or transmit to the Department of Public Safety, Bureau of State Police an abstract of the order issued by the court pursuant to this section that includes a prohibition on the possession of a dangerous weapon within 72 hours of the order's being issued. The abstract must include the name, date of birth and gender of the person who is the subject of the order; the court's order and the expiration date of that order; and a notation that the person has been notified by the court. The abstract required by this subparagraph is confidential and is not a public record as defined in Title 1, chapter 13 ; however, the information contained in the abstract or a copy of the abstract may be provided by the Department of Public Safety to a criminal justice agency for law enforcement purposes, to the Federal Bureau of Investigation, National Instant Criminal Background Check System or to an issuing authority for the purpose of processing concealed firearm permit applications. The Department of Public Safety shall, when the pertinent database is developed, request that the Federal Bureau of Investigation ensure that, immediately after the order expires, the National Instant Criminal Background Check System no longer reflects that expired order as a ground for prohibiting the subject of the order from possessing or acquiring a firearm. For the purposes of this subsection, "criminal justice agency" means a federal, state, tribal, district, county or local government agency or any subunit of those entities that performs the administration of criminal justice under a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice. Courts and the Department of the Attorney General are considered criminal justice agencies, as is any equivalent agency at any level of Canadian government. (6) Nothing in this subsection may be construed to prevent the restricted person, district attorney and court from accepting a court‑ordered disposition to which each agrees. [PL 2023, c. 675, §21 (AMD).] [PL 2023, c. 675, §§18-21 (AMD).]

7. Weapons storage and return. A law enforcement agency may store, or make arrangements with another law enforcement agency or federally licensed firearms dealer to store, any weapon surrendered to or seized by law enforcement under this section for as long as the threat‑based restrictions are in effect. The duties and liability of a law enforcement agency with respect to handling and storage of a weapon surrendered or seized are governed by Title 25, section 2804‑C, subsection 2‑C . A weapon surrendered to or seized by a law enforcement agency must be returned to the restricted person when the threat‑based restrictions expire. If a seized or surrendered weapon remains unclaimed for 6 months after the expiration or dissolution of threat‑based restrictions, the law enforcement agency may dispose of the weapon consistent with Title 25, section 3503‑A . [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).]

8. Offense. Possession of a dangerous weapon by a restricted person is a Class D crime. [PL 2019, c. 411, Pt. A, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).]
34-B M.R.S. § 15001 — ME Code / Title 34-B / Chapter 15 / Section 15001
34-B §15001. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

1. Blended funding; pooled funding; flexible funding. "Blended funding" means funding from all sources from the budgets and funds of the departments that are combined to be used for the provision of care and services under this chapter. "Pooled funding" and "flexible funding" have the same meaning as "blended funding". [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

2. Care. "Care" means treatment, services and care for mental health needs, including but not limited to crisis intervention services, outpatient services, respite services, utilization management, acute care, chronic care, residential care, home-based care and hospitalization services. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

3. Child. "Child" means a person from birth to 20 years of age who needs care for one of the following reasons: A. A disability, as defined by the Diagnostic and Statistical Manual of Mental Health Disorders published by the American Psychiatric Association; [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] B. A disorder of infancy or early childhood, as defined in Disorders of Infancy and Early Childhood published by the National Center for Clinical Infant Programs; [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] C. Being assessed as at risk of mental impairment, emotional or behavioral disorder or developmental delay due to established environmental or biological risks using screening instruments developed and adopted by the departments through rulemaking; or [PL 2019, c. 343, Pt. DDD, §1 (AMD).] D. A functional impairment as determined by screening instruments used to determine the appropriate type and level of services for children with functional impairments. The functional impairment must be assessed in 2 or more of the following areas: (1) Developmentally appropriate self-care; (2) An ability to build or maintain satisfactory relationships with peers and adults; (3) Self-direction, including behavioral control; (4) A capacity to live in a family or family equivalent; or (5) An inability to learn that is not due to intellect, sensory or health factors. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] [PL 2019, c. 343, Pt. DDD, §1 (AMD).]

4. Committee. [PL 2019, c. 343, Pt. DDD, §2 (RP).]

5. Department. "Department" means the Department of Health and Human Services. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

6. Departments. "Departments" means the Department of Corrections, the Department of Education and the Department of Health and Human Services. [RR 2003, c. 2, §108 (COR).]

7. Family. "Family" means the child's family and includes, as applicable to the child, the child's parents, legal guardian and guardian ad litem. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

8. Other departments. "Other departments" means the Department of Corrections and the Department of Education. [RR 2003, c. 2, §109 (COR).]

9. Program. "Program" means the Children's Mental Health Program established in section 15002 . [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

10. Treatment. "Treatment" means the same as "care," as defined in subsection 2 , for the purposes of this chapter. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]
34-A M.R.S. § 9401 — ME Code / Title 34-A / Chapter 9 / Section 9401
34-A §9401. Purpose and policy--Article I
Status: in_force

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 15003 — ME Code / Title 34-B / Chapter 15 / Section 15003
34-B §15003. Responsibilities of the departments
Status: in_force

In addition to any responsibilities otherwise provided by law, the departments have the following responsibilities. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

1. Agreements between departments. The departments shall enter into agreements that designate the department as responsible for the implementation and operation of the program and specify the other departments' respective responsibilities. The agreements must provide mechanisms for planning, developing and designating lead responsibility for each child's care and for coordinating care and supportive services. The agreements must include memoranda of agreement that provide for clinical consultation and supervision, delivery of care, staff training and development, program development and finances. [PL 2019, c. 343, Pt. DDD, §4 (AMD).]

2. Coordination. The department is responsible for coordinating with the other departments to: A. Establish policies and adopt rules necessary to implement the program, including, but not limited to, policies and rules that provide access to clinically appropriate care; establish eligibility standards; provide for uniform intake and assessment protocols; adopt screening tools for functional impairment pursuant to section 15001, subsection 3, paragraph D ; and provide for access to information among departments. Rules regarding functional impairments must be developed and adopted by the departments through rulemaking; [PL 2019, c. 343, Pt. DDD, §5 (AMD).] B. Develop necessary community-based residential and nonresidential resources for care and supportive services; [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] C. Provide clinically appropriate care in accordance with the memoranda of agreement executed pursuant to subsection 1 , including providing all care provided under the authority of the Department of Health and Human Services through residential and nonresidential resources within the State by July 1, 2004; and [RR 2003, c. 2, §110 (COR).] D. Monitor available care and supportive services, the extent of any unused capacity and unmet need, the need for increased capacity and the efforts and progress of the departments in addressing unmet needs. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] [PL 2019, c. 343, Pt. DDD, §5 (AMD).]

3. Medicaid rules. The department, after consultation with the Department of Corrections and the Department of Education, shall adopt rules for the provision of mental health care to children under the Medicaid program. The rules must address eligibility and reimbursement for different types of care in different settings, including management of psychiatric hospitalization. Rules in effect prior to the adoption of rules adopted pursuant to this subsection remain in effect until the effective date of the new rules. Rules for managed care initially adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A and when first adopted must be adopted following the procedure for such rules. [RR 2003, c. 2, §111 (COR).]

4. Statutory responsibilities; services, benefits or entitlements. Nothing in this chapter may be construed to constrain or to impair any departments of this State in carrying out statutorily mandated responsibilities to children and their families or to diminish or to alter any services, benefits or entitlements received by virtue of statutory responsibilities. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

5. Fiscal management. Funds appropriated or allocated for the purposes of this chapter must be used to provide care, to administer the program, to meet departmental responsibilities and to develop resources for children's care in this State as determined necessary through the individualized treatment planning process pursuant to section 15002, subsection 1 . A. When care is provided for a child that costs less than the amount that had been budgeted for that care from funds within the budget of the Department of Health and Human Services, the savings in funds must be reinvested to provide care to children or to develop resources for care in the State. [PL 2021, c. 676, Pt. A, §48 (AMD).] B. The departments shall adopt fiscal information systems that record appropriations, allocations, expenditures and transfers of funds for children's care for all funding sources in a manner that separates funding for children from funding for adults. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] C. The departments shall shift children's program block grant funding toward the development of a community-based mental health system that includes developing additional community-based services and providing care and services for children who are not eligible for services under the Medicaid program. The departments shall maximize the use of federal funding, the Medicaid program and health coverage for children under the federal Balanced Budget Act of 1997, Public Law 105-133, 111 Stat. 251. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] D. The departments shall work with the Department of Administrative and Financial Services to remove barriers to allow appropriate funds, irrespective of origin or designation, to be combined to provide and to develop the care and support services needed for the program, to use General Fund money to meet needs that are not met by other funds and to leverage state funds to maximize the use of federal funding for each child, including the use of funds under the Adoption Assistance and Child Welfare Act of 1980, Title IV‑E of the Social Security Act, 42 United States Code, Sections 670 to 679a (Supplement 1997) and other federal funds for care delivered to children living at home and in all types of residential placements. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] [PL 2021, c. 676, Pt. A, §48 (AMD).]

6. Management information systems. The departments shall work toward integration of management information systems to administer the program and to perform the functions provided in this subsection. A. The management information systems must track all types of nonresidential and residential care provided for children and supportive services provided for their families; the extent of met and unmet need for care; the extent of any waiting lists used in the program; behavioral, functional and clinical information; the development of resources; and the costs of the program. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] B. Information on the care of children served through the program must be kept by treatment need, region, care provided, a child's progress and department involvement. Information on children who transfer from care out of the State to care in the State must be kept as part of the total system and must be kept separately. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] C. The departments shall work toward data collection systems that use compatible data collection tools and procedures and toward care monitoring and evaluation systems. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

7. Evaluation process. The departments shall develop an evaluation process for the program that includes: A. Internal quality assurance mechanisms, clinical progress and performance indicators and information on costs; [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] B. System capacity and unmet need for care and department progress in responding to excess capacity and unmet need for care; and [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] C. Auditing as required by subsection 8 . [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] Copies of all evaluation reports must be provided to the joint standing committee of the Legislature having jurisdiction over health and human services matters upon completion. The department shall seek funding from grants and other outside sources for external evaluations on program effectiveness and cost effectiveness. [PL 2019, c. 343, Pt. DDD, §6 (AMD).]

8. Audits; financial reports. The departments shall provide access to their books, records, reports, information and financial papers for federal and state audits for fiscal and programmatic purposes and shall cooperate with all requests for the purposes of auditing. Auditing must be done annually and may be retrospective as determined by the auditor. Reports resulting from audits are public information. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

9. Reports. The department shall report by January 1st of each year to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the following matters: A. The operation of the program, including numbers of children and families served and their residences by county; any waiting lists; the progress of the department in implementing improvement strategies; and appeals procedures requested, held and decided, including the results of decided appeals; [PL 2021, c. 191, §1 (AMD).] B. Initiatives in acquiring and using federal grant funding; [PL 2021, c. 191, §1 (AMD).] C. Barriers to improved delivery of care to children and their families and the progress of the department in overcoming those barriers; and [PL 2021, c. 191, §1 (AMD).] D. The number of children served by crisis providers and the number of children who waited for the appropriate level of behavioral health treatment in a hospital emergency room during the preceding year. The department shall make a reasonable effort to obtain information from providers, including implementing a standardized system for the reporting of data. Data collected pursuant to this paragraph must protect the confidentiality of all persons involved to the same extent as otherwise required by state or federal law or rule. [PL 2021, c. 191, §1 (NEW).] [PL 2021, c. 191, §1 (AMD).]

10. Reporting on children's crisis services. [PL 2021, c. 191, §2 (RP).]

11. Statewide child psychiatry telehealth consultation service. The department shall, to the extent funding allows, establish a statewide child psychiatry telehealth consultation service known as the Maine Pediatric and Behavioral Health Partnership Program, referred to in this subsection as "the program," to support primary care physicians who are treating children and adolescent patients and need assistance with diagnosis, care coordination, medication management and any other necessary behavioral health questions to serve their patients. The program must include the following: A. Oversight by a team consisting of at least one primary care provider and one child and adolescent psychiatrist serving part‑time as medical directors to provide assistance to primary care physicians with questions regarding behavioral health services when treating children and adolescents; [PL 2023, c. 339, §1 (NEW).] B. Regional community teams that use all of the State's child and adolescent psychiatric and behavioral health resources and disseminate resources across the State to primary care physicians with child and adolescent patients; [PL 2023, c. 339, §1 (NEW).] C. An advisory board of key stakeholders, appointed by the department. The advisory board shall meet at least 4 times a year to assist the medical directors under paragraph A and continually review and evaluate the need for the program; [PL 2023, c. 339, §1 (NEW).] D. Working agreements with other social service and educational agencies that support primary care physicians; and [PL 2023, c. 339, §1 (NEW).] E. A system for the appropriate collection and sharing of data as required by the relevant state and federal laws, rules and regulations and as determined appropriate by the medical directors' team under paragraph A . [PL 2023, c. 339, §1 (NEW).] The department shall seek funding, including public and private grant funds and federal funds, to support the program. [PL 2023, c. 339, §1 (NEW).]
34-A M.R.S. § 3901 — ME Code / Title 34-A / Chapter 3 / Section 3901
34-A §3901. Establishment
Status: in_force

There is established the Downeast Correctional Facility located in Washington County for the confinement and rehabilitation of persons who have been duly sentenced and committed to the Department of Corrections. [PL 1997, c. 752, §40 (AMD).]
34-A M.R.S. § 11282 — ME Code / Title 34-A / Chapter 17 / Section 11282
34-A §11282. Duty of offender to register
Status: in_force

1. Notification by court, department, bureau or law enforcement agency. An offender has a duty to register under this chapter after notification has been given to the offender by a court of jurisdiction, the department, the bureau or a law enforcement agency. The court shall notify the offender at the time of sentence of the duty to register pursuant to this chapter. Notification of the duty to register under this chapter also may be given to the offender at any time after the imposition of sentence. At any time, the bureau may correct the term of a registration erroneously assigned to an offender or registrant. In such instances, the bureau shall notify the offender or registrant, the district attorney and the court in the jurisdiction where the conviction occurred and the law enforcement agency having jurisdiction where the offender or registrant is domiciled, resides, is employed or attends college or school, if applicable. [PL 2011, c. 663, §3 (NEW).]

2. When duty to register must be exercised. Following notification by a court, the department, the bureau or a law enforcement agency under subsection 1 , an offender shall register as follows. A. If the offender is sentenced to a wholly suspended sentence with probation or administrative release, or to a punishment alternative not involving imprisonment, the duty to register is triggered at the time the person commences in actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment is imposed, unless the court orders a stay of execution, in which event the duty is triggered by the termination of the stay. [PL 2011, c. 663, §3 (NEW).] B. If the offender is sentenced to a straight term of imprisonment or to a split sentence, the duty to register is triggered by discharge or conditional release. [PL 2011, c. 663, §3 (NEW).] C. If the offender is committed under Title 15, section 103 , the duty to register is triggered by discharge or conditional release under Title 15, section 104‑A . [PL 2011, c. 663, §3 (NEW).] D. If the events stated in paragraphs A to C have passed, an offender must register within 3 days after having received notice of that duty from a court, the department, the bureau or a law enforcement agency. [PL 2011, c. 663, §3 (NEW).] E. Proof that the name and date of birth of the person notified of the duty to register pursuant to this chapter are the same as those of a person who has been found not guilty by reason of insanity or convicted of an offense requiring registration pursuant to this chapter gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person notified of the duty to register is the same person as that person convicted of the offense requiring registration. [PL 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]

3. Duty to notify law enforcement agency. An offender shall notify the law enforcement agency having jurisdiction in those areas where the offender is domiciled, resides, works or attends school within 24 hours of becoming a domiciliary or a resident or beginning work or attending school. If the location is a municipality with an organized municipal police department, the law enforcement agency having jurisdiction is the municipal police department. If the location is a school having an organized police department, the law enforcement agency having jurisdiction is the campus police department. If the location is neither a municipality nor a school with an organized police department, the law enforcement agency having jurisdiction is the sheriff's department. [PL 2011, c. 663, §3 (NEW).]

4. Responsibility of ensuring initial registration. The department, the county jail or the state mental health institute that has custody of an offender shall inform the offender, prior to discharge or conditional release, of the duty to register. If an offender does not serve a period of institutional confinement, the court shall inform the offender at the time of sentencing of the duty to register. The department, county jail, state mental health institute or court shall: A. Inform the offender of the duty to register and obtain the information required for the initial registration; [PL 2011, c. 663, §3 (NEW).] B. Inform the offender of the requirement to notify the law enforcement agency having jurisdiction pursuant to subsection 3 ; [PL 2011, c. 663, §3 (NEW).] C. Inform the offender that if the offender changes domicile or changes residence, place of employment or college or school being attended, the offender shall give the new address to the bureau in writing within 3 days and shall notify the law enforcement agency having jurisdiction within 24 hours; [PL 2011, c. 663, §3 (NEW).] D. Inform the offender that if that offender changes domicile to another jurisdiction, the offender shall register the new address with the bureau and if the new jurisdiction has a registration requirement, the offender shall register with a designated law enforcement agency in the new state not later than 3 days after establishing domicile in the new state; [PL 2011, c. 663, §3 (NEW).] E. Inform the offender that if that offender has part-time or full-time employment in another state, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year or if that offender enrolls in any type of school in another state on a part-time or full-time basis, the offender shall give the bureau the offender's place of employment or school to be attended in writing within 3 days after beginning work or attending school and if the other state has a registration requirement, shall register with the designated law enforcement agency in the other state; [PL 2011, c. 663, §3 (NEW).] F. Obtain fingerprints and a current photograph of the offender. The court may order the offender to submit to the taking of fingerprints and a photograph at a specified law enforcement agency within 3 days if the fingerprints and photograph have not already been obtained in connection with the offense that necessitates registration; and [PL 2011, c. 663, §3 (NEW).] G. Enforce the requirement that the offender read and sign a form provided by the bureau that states that the duty of the offender to register under this section has been explained. [PL 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]

5. Transfer of initial registration information to bureau and FBI. The department, county jail, state mental health institute or court within 3 days of receipt of the information described in subsection 4 shall forward the information to the bureau. If the court orders the offender to submit to the taking of fingerprints and a photograph at a specified law enforcement agency, the law enforcement agency shall submit the fingerprints and photograph to the bureau within 3 days. The bureau shall immediately enter the information into the registration system, notify the law enforcement agencies having jurisdiction where the offender expects to be domiciled and reside and transmit the information to the FBI for inclusion in the national FBI sex offender database. [PL 2011, c. 663, §3 (NEW).]

6. Verification. During the period a registrant is required to register, the bureau shall require the registrant to verify all registration information unless verifications are suspended. The following provisions govern the verification of registration information. A. At least 10 days prior to the required verification date, the bureau shall mail a nonforwardable verification form to the last reported mailing address of the registrant. The verification form is deemed received 3 days after mailing unless returned by postal authorities. [PL 2011, c. 663, §3 (NEW).] B. The registrant shall bring the completed verification form and a current photograph of the registrant to the law enforcement agency having jurisdiction within 5 days of receipt of the form. [PL 2011, c. 663, §3 (NEW).] C. The law enforcement agency having jurisdiction shall verify the registrant's identity, have the registrant sign the verification form, take the registrant's fingerprints, complete the law enforcement portion of the verification form and immediately forward the fingerprints, photograph and form to the bureau. [PL 2011, c. 663, §3 (NEW).] [PL 2015, c. 280, §15 (AMD).]

7. Frequency of verification. The frequency of in-person verification of registration information is dependent upon the registrant's tier classification as follows. A. A Tier III registrant shall register for the duration of the registrant's life and shall verify registration information every 3 months after the registrant's initial registration date. [PL 2015, c. 280, §16 (AMD).] B. A Tier II registrant shall register for 25 years and shall verify registration information every 6 months after the registrant's initial registration date. [PL 2015, c. 280, §16 (AMD).] C. A Tier I registrant shall register for 10 years and shall verify registration information annually after the registrant's initial registration date. [PL 2011, c. 663, §3 (NEW).] [PL 2015, c. 280, §16 (AMD).]

8. Change of domicile, residence, place of employment or college or school being attended. An offender or registrant shall notify the bureau in writing of a change of residence, domicile, place of employment or college or school being attended within 3 days and shall notify the law enforcement agency having jurisdiction within 24 hours after changing that domicile, residence, place of employment or college or school being attended. A. If the offender or registrant establishes a new domicile, residence, place of employment or college or school being attended in the State, the bureau shall notify, within 3 days, both the law enforcement agency having jurisdiction where the offender or registrant was formerly domiciled or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the offender or registrant is currently domiciled, residing, employed or enrolled. [PL 2011, c. 663, §3 (NEW).] B. If the offender or registrant establishes a domicile, residence, place of employment or college or school being attended in another state, the bureau shall notify, within 3 days, the law enforcement agency having jurisdiction where the offender or registrant was formerly domiciled or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the offender or registrant is currently domiciled, residing, employed or enrolled. [PL 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 3001 — ME Code / Title 34-A / Chapter 3 / Section 3001
34-A §3001. Chief administrative officers
Status: in_force

1. Appointment. The commissioner may appoint chief administrative officers as necessary for the proper performance of the functions of the department, subject to the Civil Service Law. A. To be eligible for appointment as a chief administrative officer, a person must be experienced in correctional management. [PL 2013, c. 491, §5 (AMD).] B. Chief administrative officers shall report directly to the commissioner or to the deputy commissioner or an associate commissioner if so directed by the commissioner. [PL 2013, c. 491, §5 (AMD).] [PL 2015, c. 291, §4 (AMD).]

2. Acting chief administrative officer. Notwithstanding any other provision of law, the commissioner may delegate any employee of the department to serve as the acting chief administrative officer of any facility, if the office of the chief administrative officer of the facility is vacant. A. The acting chief administrative officer shall serve for a period not to exceed 180 days. [PL 1983, c. 459, §6 (NEW).] B. Service as the acting chief administrative officer of a facility is considered a temporary additional duty for the person so delegated. [PL 1991, c. 314, §26 (AMD).] [PL 1991, c. 314, §26 (AMD).]

3. Director of women's services. In addition to the officers appointed under subsections 1 and 2 , the commissioner may appoint a director of women’s services to serve as the chief administrative officer of any adult correctional facility female housing units. The director of women’s services has all the powers and duties of other department chief administrative officers, whether described in this Title or in any other provision of statute. [PL 2023, c. 135, §8 (NEW).]
34-B M.R.S. § 3012 — ME Code / Title 34-B / Chapter 3 / Section 3012
34-B §3012. Advocacy services for individuals with serious mental illness
Status: in_force

1. Legislative intent. It is the intent of the Legislature to effectuate the State's commitment to protecting the rights of individuals with serious mental illness, as demonstrated by the successful resolution and dismissal of the Augusta Mental Health Institute Consent Decree, issued on December 3, 2024, by the Superior Court, Kennebec County, Civil Action Docket No. 89-88. Independent advocacy was a key component of the system improvements that supported that resolution, and the Legislature seeks to ensure that those protections continue through the ongoing delivery of advocacy services in both institutional and community settings. [PL 2025, c. 349, §1 (NEW).]

2. Contract for protection and advocacy services. The department shall contract with and make a good faith effort to obtain sufficient appropriations to fund the agency designated under Title 5, section 19502 to carry out the duties related to protecting the rights of individuals with serious mental illness in both institutional and community settings. The contract must be consistent with the scope of authority and protections provided in Title 5, chapter 511 and must ensure that advocacy services are provided statewide through a presence in at least 5 geographically dispersed areas. [PL 2025, c. 349, §1 (NEW).]

3. Access to state mental health institute records. In addition to the agency's authority to access records under Title 5, chapter 511 and notwithstanding subsection 1207, the agency contracted under subsection 2 may access medical records of individuals with serious mental illness who are hospitalized in a state mental health institute as defined in section 3801, subsection 9 when necessary to provide advocacy services as authorized under Title 5 . [PL 2025, c. 349, §1 (NEW).]

4. Medical advice. Advocates providing services in accordance with this section are prohibited from providing medical advice. [PL 2025, c. 349, §1 (NEW).]

Revisor's Note: §3012. Residents of certified recovery residences (As enacted by PL 2025, c. 427, §1 is REALLOCATED TO TITLE 34-B, SECTION 3013)
34-B M.R.S. § 5609 — ME Code / Title 34-B / Chapter 5 / Section 5609
34-B §5609. Habilitation and vocational rehabilitation services
Status: in_force

1. Habilitation services. The department and the Department of Labor, through the Office of Rehabilitation Services, shall provide, to the extent of the resources available, for those habilitation and vocational rehabilitation services, defined in Title 26, section 1411‑A, subsection 6 , and any other service, including, but not limited to, supported employment, including work in rehabilitation facilities and work centers, as defined in Title 5, chapter 155, subchapter 2 ; job coaching; transportation, recreational and leisure services; and respite or day programs designed in consultation with a planning team in order to make available to persons receiving services those services that are otherwise not obtainable, in the following order of priority: A. Those persons receiving services who are living at home or in unsubsidized foster care who are between 20 and 26 years of age and are not receiving any day program; and [PL 1993, c. 410, Pt. CCC, §43 (AMD).] B. All other persons receiving services who are between 20 and 26 years of age and are not receiving an appropriate day program. [PL 1993, c. 410, Pt. CCC, §43 (AMD).] C. [PL 1993, c. 326, §13 (RP).] All persons receiving services who are served under this program prior to their 26th birthday must be allowed to continue to receive services through the voucher system established by subsection 2 . For purposes of this section, a planning team includes the person receiving services and a member of the person's family or the guardian of the person receiving services. [PL 2003, c. 389, §23 (AMD).]

2. Payment for service. The department shall establish a voucher system to allow the planning team to incorporate only those services determined critical and otherwise unavailable into a program, including work, habilitation and other services designated in subsection 1 , when appropriate. The department shall establish a limit on the amount of transitional services available to persons receiving services eligible for services under this section. [PL 2003, c. 389, §24 (AMD).]

3. Rules. The department shall adopt rules in accordance with the Maine Administrative Procedure Act to establish a transitional program under subsections 1 and 2 . [PL 1995, c. 560, Pt. K, §62 (AMD).]
34-A M.R.S. § 9882 — ME Code / Title 34-A / Chapter 9 / Section 9882
34-A §9882. Withdrawal, default, termination and judicial enforcement--Article 12
Status: in_force

1. Withdrawal. Once effective, the compact continues in force and remains binding upon each compacting state. A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact into law. The effective date of withdrawal is the effective date of the repeal of the compact. The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt of the withdrawal notice. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extends beyond the effective date of withdrawal. Reinstatement following withdrawal of any compacting state occurs on the withdrawing state's reenactment of the compact or upon a later date determined by the interstate commission. [PL 2003, c. 495, §1 (NEW).]

2. Default. If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the interstate commission may impose any or all of the following penalties: A. Fines, fees and costs in such amounts as are determined to be reasonable as fixed by the interstate commission; [PL 2003, c. 495, §1 (NEW).] B. Remedial training and technical assistance as directed by the interstate commission; and [PL 2003, c. 495, §1 (NEW).] C. Suspension and termination of membership in the compact. Suspension is imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension must be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state; the majority and minority leaders of the defaulting state's legislature; and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform the obligations or responsibilities imposed upon it by this compact, interstate commission bylaws or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a resolution of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state shall resolve its default. If the defaulting state fails to resolve the default within the time period specified by the interstate commission, in addition to any other penalties imposed in this section the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact are terminated from the effective date of suspension. Within 60 days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer; the majority and minority leaders of the defaulting state's legislature; and the state council of such termination. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including any obligations the performance of which extends beyond the effective date of termination. The interstate commission may not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state's legislature and the approval of the interstate commission pursuant to the rules. [PL 2003, c. 495, §1 (NEW).] [PL 2003, c. 495, §1 (NEW).]

3. Judicial enforcement. The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district court where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and its bylaws against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. [PL 2003, c. 495, §1 (NEW).]

4. Dissolution of compact. The compact dissolves upon the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact becomes void and has no further effect. The business and affairs of the interstate commission must be wound up and surplus funds must be distributed in accordance with the bylaws. [PL 2003, c. 495, §1 (NEW).]
34-B M.R.S. § 13004 — ME Code / Title 34-B / Chapter 13 / Section 13004
34-B §13004. Powers and duties of the receiver
Status: in_force

1. Powers and duties. A receiver appointed pursuant to this chapter has such powers as the court may direct to operate the facility or provider and to remedy the conditions that constituted grounds for the receivership, to protect the health, safety and welfare of the residents or clients and to preserve the assets and property of the residents or clients, the owner and the licensee. On notice and hearing, the court may issue a writ of possession in behalf of the receiver, for specified facility or provider property. The receiver shall make reasonable efforts to notify residents or clients and family that the facility or provider is placed in receivership. The owner and licensee are divested of possession and control of the facility or provider during the period of receivership under conditions as the court specifies. With the court's approval, the receiver has specific authority to: A. Remedy violations of state rules and federal regulations governing the operation of the facility or provider; [PL 1997, c. 610, §3 (NEW).] B. Hire, direct, manage and discharge any employees, including the administrator of the facility or provider; [PL 1997, c. 610, §3 (NEW).] C. Receive and expend in a reasonable and prudent manner the revenues of the facility or provider due during the 30-day period preceding the date of appointment and becoming due after the appointment; [PL 1997, c. 610, §3 (NEW).] D. Continue the business of the facility or provider and the care of residents or clients; [PL 1997, c. 610, §3 (NEW).] E. Correct or eliminate any deficiency of the facility or provider that endangers the safety or health of the residents or clients, if the total cost of the correction does not exceed $3,000. The court may order expenditures for this purpose in excess of $3,000 on application from the receiver; and [PL 1997, c. 610, §3 (NEW).] F. Exercise additional powers and perform additional duties, including regular accountings, the court considers appropriate. [PL 1997, c. 610, §3 (NEW).] [PL 1997, c. 610, §3 (NEW).]

2. Revenues of facility or provider. Revenues of the facility or provider must be handled as follows. A. The receiver shall apply the revenues of the facility or provider to current operating expenses and, subject to the following provisions, to debts incurred by the licensee prior to the appointment of the receiver. The receiver shall ask the court for direction in the treatment of debts incurred prior to appointment when those debts appear extraordinary, of questionable validity, unrelated to the normal and expected maintenance and operation of the facility or provider or when payment of the debts will interfere with the purposes of the receivership. Priority must be given by the receiver to expenditures for current direct resident or client care. Revenues held by or owing to the receiver in connection with the operation of the facility or provider are exempt from attachment and trustee process, including process served prior to the institution of receivership proceedings. [PL 1997, c. 610, §3 (NEW).] B. The receiver may correct or eliminate any deficiency of the facility or provider that endangers the safety or health of the residents or clients, if the total cost of the correction does not exceed $3,000. On application by the receiver, the court may order expenditures for this purpose in excess of $3,000. The licensee or owner may apply to the court to determine the reasonableness of any expenditure over $3,000 by the receiver. [PL 1997, c. 610, §3 (NEW).] C. In the event that the receiver does not have sufficient funds to cover expenses needed to prevent or remove jeopardy to the residents or clients, the receiver may petition the court for permission to borrow for these purposes. Notice of the receiver's petition to the court for permission to borrow must be given to the owner, the licensee and the department. The court may, after hearing, authorize the receiver to borrow money upon specified terms of repayment and to pledge security, if necessary, if the court determines that the facility or provider should not be closed and that the loan is reasonably necessary to prevent or remove jeopardy or if it determines that the facility or provider should be closed and that the expenditure is necessary to prevent or remove jeopardy to residents or clients for the limited period of time that they are awaiting transfer. The purpose of this provision is to protect residents or clients and to prevent the closure of facilities or providers that, under proper management, are likely to be viable operations. This section may not be construed as a method of financing major repair or capital improvements to facilities that have been allowed to deteriorate because the owner or licensee has been unable or unwilling to secure financing by conventional means. [PL 1997, c. 610, §3 (NEW).] [PL 1997, c. 610, §3 (NEW).]

3. Avoidance of preexisting leases, mortgages and contracts. A receiver may not be required to honor a lease, mortgage, secured transaction or other contract entered into by the owner or licensee of the facility or provider if the court finds that: A. The person seeking payment under the agreement has an ownership interest in the facility or provider or was related to the licensee, the facility or the provider by a significant degree of common ownership or control at the time the agreement was made; or [PL 1997, c. 610, §3 (NEW).] B. The rental, price or rate of interest required to be paid under the agreement is in excess of a reasonable rental, price or rate of interest. [PL 1997, c. 610, §3 (NEW).] If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest that the receiver is permitted to avoid and if the real estate or goods are necessary for the continued operation of the facility or provider, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the term of the receivership. The court shall hold a hearing on the application within 15 days, and the receiver shall send notice of the application to any owners and mortgagees of the property at least 10 days before the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to an action against the receiver for payment or for the possession of the subject goods or real estate by a person who received that notice. Notwithstanding this subsection, there may not be a foreclosure or eviction during the receivership by any person if the foreclosure or eviction would, in view of the court, serve to defeat the purpose of the receivership. [PL 1997, c. 610, §3 (NEW).]

4. Closing of facility or provider. The receiver may not close the facility or provider without leave of the court. In ruling on the issue of closure, the court shall consider: A. The rights and best interests of the residents or clients; [PL 1997, c. 610, §3 (NEW).] B. The availability of suitable alternative placements; [PL 1997, c. 610, §3 (NEW).] C. The rights, interest and obligations of the owner and licensee; [PL 1997, c. 610, §3 (NEW).] D. The licensure status of the facility or provider; and [PL 1997, c. 610, §3 (NEW).] E. Any other factors that the court considers relevant. [PL 1997, c. 610, §3 (NEW).] When a facility or provider is closed, the receiver shall provide for the orderly transfer of residents or clients to mitigate transfer trauma. [PL 1997, c. 610, §3 (NEW).]
34-B M.R.S. § 3611 — ME Code / Title 34-B / Chapter 3 / Section 3611
34-B §3611. Consumer Council System of Maine
Status: in_force

In order to promote high-quality adult mental health services, the Consumer Council System of Maine, established in Title 5, section 12004‑I, subsection 60‑B and referred to in this section as "the council system," is established to provide an effective, independent consumer voice in an advisory capacity in the development of public policy and resource allocation. The council system consists of the Statewide Consumer Council established in subsection 6 and local councils. [PL 2007, c. 592, §2 (NEW).]

1. Independent public instrumentality. The council system exists as an independent public instrumentality of the State to provide guidance and advice from consumers of adult mental health services provided or funded by the State regarding the delivery of effective and appropriate adult mental health services consistent with the State's comprehensive mental health services plan and to comply with the consent decree and incorporated settlement agreement in the case of Paul Bates, et al. v. Robert Glover, et al., Kennebec County Superior Court, Civil Action Docket No. CV-89-88 dated August 2, 1990. [PL 2007, c. 592, §2 (NEW).]

2. Governmental functions; tort claims. Exercise of the powers conferred by this section is the performance of an essential governmental function. The council system must be considered as within the definition of "State" for the purposes of Title 14, section 8102, subsection 4 . The council system is not considered an agency of the State for the purposes of budgeting, accounts and control, auditing, contracting and purchasing. [PL 2007, c. 592, §2 (NEW).]

3. Duties. As pertains to the delivery of mental health services for adults, the council system shall: A. Advise the department, the Governor and other state agencies. This duty includes advising the department on the review, analysis and evaluation of adult mental health programs, policies, procedures and service delivery systems administered or funded by the State and the hiring of personnel when appropriate; [PL 2007, c. 592, §2 (NEW).] B. Assist the department in program design and implementation, including assessment of the quality of services and delivery systems and prioritization of programming; [PL 2007, c. 592, §2 (NEW).] C. Provide consumers with a recognized mechanism for collaboration with State Government, including addressing issues with persons and entities that provide services through contracts with the department; [PL 2007, c. 592, §2 (NEW).] D. Provide input regarding programs, evaluation, public policy and resource allocation and address issues and concerns that arise at the local level; [PL 2007, c. 592, §2 (NEW).] E. Identify, research and respond to issues of importance to consumers, including requesting information and data to facilitate informed decision making; [PL 2007, c. 592, §2 (NEW).] F. Interact with state agencies, community entities and other organizations; [PL 2007, c. 592, §2 (NEW).] G. Provide budget requests to fund the council system to the department for each biennial budget and each supplemental budget; and [PL 2007, c. 592, §2 (NEW).] H. Make annual and interim recommendations to State Government and provide by May 31st of each year a report to the Governor and the Legislature. The report must include analysis of state programs, policies and procedures, legislative and regulatory proposals and recommendations for action by the State. [PL 2007, c. 592, §2 (NEW).] [PL 2007, c. 592, §2 (NEW).]

4. Powers. The council system may: A. Contract for staff assistance or hire employees, including an executive director or project manager and such other staff as necessary, to conduct the activities of and support the duties of the council system. Employees of the council system are not state employees; however, they are immune from civil liability for acts that they perform in good faith within the scope of their duties for the council system; [PL 2007, c. 592, §2 (NEW).] B. Reimburse members of the Statewide Consumer Council established in subsection 6 and local council members who are not otherwise fully reimbursed for expenses of participating in council system meetings from the council system budget in an amount up to the legislative per diem rate for participation in Statewide Consumer Council and local council meetings, plus reimbursement for reasonable and necessary expenses actually incurred, including but not limited to costs incurred for travel, child care for the member's child and substitute care for dependent adults. A standard statewide rate of reimbursement, including reduced reimbursement for a member entitled to partial reimbursement from any other source, must be approved by the Statewide Consumer Council. To the extent allowable under federal law, reimbursement under this paragraph may not be counted as income, resources or assets for the purposes of determining eligibility for benefits under any state or municipal program of assistance or health coverage for which a council member may be eligible; [PL 2007, c. 592, §2 (NEW).] C. Engage in advocacy regarding legislative and regulatory initiatives; and [PL 2007, c. 592, §2 (NEW).] D. Provide interim reports to the Governor and the Legislature and respond to written responses from the department under subsection 5 . [PL 2007, c. 592, §2 (NEW).] [PL 2007, c. 592, §2 (NEW).]

5. Written response. No later than September 30th of each year, the commissioner shall provide a written response to the council system's annual report under subsection 3, paragraph H to the chair of the Statewide Consumer Council, the Governor and the Legislature. The response must: A. Address the actions that the department plans to take or proposes to implement with regard to the recommendations contained in the council system's annual report and any interim reports or the reasons for declining to take or propose action; and [PL 2007, c. 592, §2 (NEW).] B. Include a report on progress in implementing actions detailed in prior department written reports under this subsection. [PL 2007, c. 592, §2 (NEW).] [PL 2007, c. 592, §2 (NEW).]

6. Statewide Consumer Council. The provisions of this subsection govern the membership, duties and operation of the Statewide Consumer Council, as established in Title 5, section 12004‑I, subsection 60‑B . A. The Statewide Consumer Council consists of 16 to 30 members who represent the local councils, described in subsection 7 , after being elected at local council meetings on a schedule established by the Statewide Consumer Council. [PL 2007, c. 592, §2 (NEW).] B. Members of the Statewide Consumer Council shall annually elect a coordinating committee consisting of a chair, vice-chair, secretary and treasurer. Officers serve for terms of one year and are eligible for reelection. [PL 2007, c. 592, §2 (NEW).] C. The Statewide Consumer Council shall: (1) Convene at least 4 regular meetings per year and special meetings as the Statewide Consumer Council determines necessary; (2) Establish an application procedure by which the Statewide Consumer Council may recognize a local council; (3) Determine the timing of and procedures for elections by local councils to elect representatives to the Statewide Consumer Council; (4) Apportion the number of representatives each local council will have on the Statewide Consumer Council; and (5) Adopt policies and procedures regarding removal for good cause of a Statewide Consumer Council member. [PL 2007, c. 592, §2 (NEW).] D. Meetings of the Statewide Consumer Council or such subcommittees as may be formed from the council membership may be held to perform the duties listed in subsection 3 and: (1) To receive, review and distribute the recommendations of the local councils and prepare the council system's annual report and any interim reports; (2) To develop a mechanism for communication with department personnel that ensures timely responses to issues and concerns identified by the council system and that provides a formal means of communication with the commissioner and high-level department personnel; (3) To advise and engage in dialogue with the department concerning oversight, evaluation, unmet needs, quality assurance and quality improvement, design of new program initiatives and prioritization of programming; and (4) To oversee and manage the council system, including assumption of responsibility for the development of local councils in unrepresented areas. [PL 2007, c. 592, §2 (NEW).] E. The Statewide Consumer Council shall adopt policies and procedures for the operation of the Statewide Consumer Council and the local councils. The policies must: (1) Require that local councils file with the Statewide Consumer Council periodic reports and maintain records of meetings and business conducted, a list of members elected to the Statewide Consumer Council and leadership and financial records; and (2) Require that the Statewide Consumer Council file with the department periodic reports and maintain records of meetings and business conducted, policies and procedures adopted and financial records as required by contract with the department. [PL 2007, c. 592, §2 (NEW).] [PL 2007, c. 592, §2 (NEW).]

7. Local councils. The provisions of this subsection govern the membership, duties and operation of the local councils. A. Each local council shall follow the policies and procedures for local councils adopted by the Statewide Consumer Council pursuant to subsection 6 . [PL 2007, c. 592, §2 (NEW).] B. Each local council shall hold regular meetings, at least 4 per year and more if determined necessary by the local council, for the purpose of discussing and reviewing the delivery of adult mental health services to consumers and shall engage in other activities: (1) To reach out to all persons in the surrounding community to encourage participation in the local council, to stimulate and receive local consumer advice and to gain awareness of local concerns, needs and ideas, including identifying concerns of persons who do not usually participate in the local council meetings; (2) To advocate for and provide advice regarding local response to local issues; (3) To advise the department, State Government and independent contractors on local responses to local issues through communication with the Statewide Consumer Council; (4) To elect representatives to the Statewide Consumer Council; and (5) To communicate with the Statewide Consumer Council via elected members and reports regarding issues of concern identified by the local council. [PL 2007, c. 592, §2 (NEW).] [PL 2007, c. 592, §2 (NEW).]

8. Funding. Funding for the council system must be included as part of the Governor's proposed budget for the department. The council system may accept gifts, grants and other funds and contributions for use in performing the duties of the council system as long as such gifts, grants, funds and contributions are in accordance with state laws prohibiting conflicts of interest. [PL 2007, c. 592, §2 (NEW).]

9. General provisions. The provisions of this subsection apply to the council system. A. A Statewide Consumer Council member or elected local council member may not cast a vote on any matter that would provide any direct or indirect financial benefit to that member or otherwise give the appearance of a conflict of interest under state law. [PL 2007, c. 592, §2 (NEW).] B. A person may not be excluded from the council system or discriminated against within the council system by reason of actual or perceived race, color, sex, sexual orientation, gender identity, marital status, homelessness, physical or mental disability, religion, ancestry or national origin, age, familial status or status as a consumer of mental health services. [PL 2021, c. 553, §22 (AMD).] C. Meetings of the Statewide Consumer Council and local councils are public proceedings and their records are public records for the purposes of Title 1, chapter 13 . [PL 2007, c. 592, §2 (NEW).] [PL 2021, c. 553, §22 (AMD).]
34-A M.R.S. § 5808 — ME Code / Title 34-A / Chapter 5 / Section 5808
34-A §5808. Discharge from parole
Status: in_force

Any parolee who faithfully performs all the conditions of parole and completes the parolee's sentence is entitled to a certificate of discharge to be issued by the warden of the institution to which the parolee was committed. [PL 2013, c. 508, §12 (AMD).]
34-A M.R.S. § 1216 — ME Code / Title 34-A / Chapter 1 / Section 1216
34-A §1216. Confidentiality of information
Status: in_force

1. Limited disclosure. All orders of commitment, medical and administrative records, applications and reports, and facts contained in them, pertaining to any person receiving services from the department must be kept confidential and may not be disclosed by any person, except that public records must be disclosed in accordance with Title 1, section 408‑A ; criminal history record information may be disseminated in accordance with Title 16, chapter 7 ; and documents other than those documents pertaining to information obtained by the department for the purpose of evaluating a client's ability to participate in a community-based program or from informants in a correctional or detention facility for the purpose of determining whether facility rules have been violated or pertaining to a victim's request for notice of release may, and must upon request, be disclosed: A. To any person if the person receiving services, that person's legal guardian, if any, and, if that person is a minor, that person's parent or legal guardian give informed written consent to the disclosure of the documents referred to in this subsection after being given the opportunity to review the documents sought to be disclosed; [PL 2013, c. 588, Pt. A, §44 (RPR).] B. To any state agency if necessary to carry out the statutory functions of that agency; [PL 2013, c. 588, Pt. A, §44 (RPR).] C. If ordered by a court of record, subject to any limitation in the Maine Rules of Evidence, Rule 503; [PL 2013, c. 588, Pt. A, §44 (RPR).] D. To any criminal justice agency if necessary to carry out the administration of criminal justice as defined in Title 16, section 703, subsection 1 , the administration of criminal justice as defined in Title 16, section 803, subsection 2 or the administration of juvenile justice as defined in Title 15, section 3003, subsection 1‑A or for criminal justice agency employment; [PL 2021, c. 365, §35 (AMD); PL 2021, c. 365, §37 (AFF).] E. To persons engaged in research if: (1) The research plan is first submitted to and approved by the commissioner; (2) The disclosure is approved by the commissioner; and (3) Neither original records nor identifying data are removed from the facility or office that prepared the records. The commissioner and the person doing the research shall preserve the anonymity of the person receiving services from the department and may not disseminate data that refer to that person by name or number or in any other way that might lead to the person's identification; [PL 2013, c. 588, Pt. A, §44 (RPR).] F. To persons who directly supervise or report on the health, behavior or progress of a juvenile, to the superintendent of a juvenile's school and the superintendent's designees and to agencies that are or might become responsible for the health or welfare of a juvenile if the information is relevant to and disseminated for the purpose of creating or maintaining an individualized plan for the juvenile's rehabilitation, including reintegration into the school; or [PL 2013, c. 588, Pt. A, §44 (RPR).] G. To any state agency engaged in statistical analysis for the purpose of improving the delivery of services to persons who are or might become mutual clients if: (1) The plan for the statistical analysis is first submitted to and approved by the commissioner; and (2) The disclosure is approved by the commissioner. The commissioner and the state agency requesting the information shall preserve the anonymity of the persons receiving services from the department and may not disseminate data that refer to any person by name or number or that in any other way might lead to a person's identification. [PL 2013, c. 588, Pt. A, §44 (RPR).] Notwithstanding any other provision of law, the department may release the names, dates of birth and social security numbers of persons receiving services from the department and, if applicable, eligibility numbers and the dates on which those persons received services to any state or federal agency for the sole purpose of determining eligibility and billing for services and payments under federally funded programs administered by the agency. The department may also release to the agency information required for and to be used solely for audit or research purposes, consistent with federal law, for those services provided by or through the department. Agency personnel shall treat this information as confidential in accordance with federal and state law and shall return the records when their purpose has been served. [PL 2021, c. 365, §35 (AMD); PL 2021, c. 365, §37 (AFF).]

2. Release of certain information to victims. Notwithstanding subsection 1 , upon the request of a person who was the victim of a crime for which a client was incarcerated, as verified by the department or the prosecuting attorney, the department shall disclose the following information to the victim: A. Whether the client has been charged with committing any crime while incarcerated and, if so, the crime with which the client has been charged; and [PL 2003, c. 205, §10 (NEW).] B. Whether the client has been disciplined while incarcerated and, if so, the offense for which the disciplinary action was taken and the type of disciplinary action taken. [PL 2003, c. 205, §10 (NEW).] [PL 2003, c. 205, §10 (NEW).]

3. Civil violation. A person who discloses information in violation of this section commits a civil violation for which a fine not to exceed $1,000 may be adjudged. [PL 2003, c. 205, §10 (NEW).]

4. Disclosure of confidential information. The disclosure of confidential information as provided by this section is also governed by Title 5, section 9057, subsection 6 . [PL 2003, c. 205, §10 (NEW).]

5. Disclosure of information. Nothing in this section permits or requires the disclosure of information to the extent it is designated confidential by another provision of law. [PL 2003, c. 205, §10 (NEW).]

6. Assessment tools. Documents in the possession of the department used to screen or assess clients, including, but not limited to, questionnaires and test materials, are not public records for purposes of Title 1, chapter 13, subchapter 1 . The department shall release these documents on request to any other state agency if necessary to carry out the statutory functions of that agency and to any committee or study commission established by the Legislature with authority to examine issues related to mental health. [PL 2003, c. 205, §10 (NEW).]
34-B M.R.S. § 1208 — ME Code / Title 34-B / Chapter 1 / Section 1208
34-B §1208. Agreements with community agencies
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Agreement" means a legally binding document between 2 parties, including documents commonly referred to as accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement, purchase of service or state aid. [PL 1983, c. 459, §7 (NEW).] B. "Community agency" means a person, a public or private nonprofit organization or a firm, partnership or business corporation operated for profit, which operates a human service program at the community level. [PL 1983, c. 459, §7 (NEW).] C. "Funds" means any and all general funds, dedicated funds, fees, special revenue funds, 3rd party reimbursements, vendor payments or other funds available for expenditure by the department in support of the provision of a human service. [PL 1983, c. 459, §7 (NEW).] D. "Human service" means any children's community action, corrections, criminal justice, developmental disability, donated food, education, elderly, food stamp, income maintenance, health, juvenile, law enforcement, legal, medical care, mental health, child and adult developmental, poverty, public assistance, rehabilitation, social, substance use disorder, transportation, welfare or youth service operated by a community agency under an agreement financially supporting the service, wholly or in part, by funds authorized for expenditure by the department. [PL 2017, c. 407, Pt. A, §156 (AMD).] E. "Nonprofit organization" means any agency, institution or organization which is, or is owned and operated by, one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and which has a territory of operations that may extend to a neighborhood, community, region or the State. [PL 1983, c. 459, §7 (NEW).] F. "Public" means municipal, county and other governmental bodies which are political subdivisions within the State. [PL 1983, c. 459, §7 (NEW).] G. "State agency client" has the same meaning as in Title 20‑A, section 1, subsection 34‑B . [PL 2023, c. 449, §10 (AMD).] H. "Service provider" means a community agency providing services for children with mental health needs, intellectual disabilities or autism. [PL 2011, c. 542, Pt. A, §63 (AMD).] [PL 2023, c. 449, §10 (AMD).]

2. Commissioner's powers. The commissioner may disburse funds to a community agency for the purpose of financially supporting a human service, only if the disbursement is covered by a written agreement between the department and the agency, specifying at least the following: A. The human service to be provided by the community agency; [PL 1983, c. 459, §7 (NEW).] B. The method of payment by the department to the community agency; and [PL 1983, c. 459, §7 (NEW).] C. The criteria for monitoring and evaluating the performance of the community agency in the provision of the human service. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

3. Commissioner's duties. The commissioner's duties are as follows. A. The commissioner shall promulgate rules consistent with and necessary for the effective administration of this section. [PL 1983, c. 459, §7 (NEW).] B. When making agreements with community agencies for the provision of a human service, the commissioner shall use agreement forms and shall develop uniform procedures. [PL 1983, c. 459, §7 (NEW).] C. When disbursing funds pursuant to an agreement, the commissioner shall require uniform accounts payable forms or uniform supporting documentation and information. [PL 1983, c. 459, §7 (NEW).] D. When accounting for funds disbursed under an agreement, the commissioner shall use uniform accounting principles, policies and procedures. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

4. Payment for state agency clients. The commissioner shall authorize payment of approved mental health treatment costs for state agency clients who are placed for educational purposes in an in-state residential treatment center, as identified in Title 20‑A, section 1, subsection 24‑A, paragraph D , subparagraph (3), to the extent of the amount of funds appropriated by the Legislature for this purpose; and may authorize payment of mental health treatment costs for similar placements in out-of-state residential placements on a case-by-case basis, within the limits of available funds. The commissioner shall further authorize payment of approved board and care and mental health treatment costs for state agency clients who are placed for other than educational purposes in any residential placement, as defined in Title 20‑A, section 1, subsection 24‑A , to the extent of the funds appropriated by the Legislature for this purpose. Payments that the commissioner is required to authorize under this section may not exceed the funds appropriated by the Legislature for the purposes referred to in this subsection. Payment from these funds must be made only when other appropriate state or federal funds to which the department has access have been exhausted. [PL 1995, c. 560, Pt. K, §20 (AMD).]

5. Annual report. The Department of Health and Human Services shall prepare an annual report on all services contracted with community providers. The department shall deliver its report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs by January 31st of each year. The report shall include: A. A listing, by community agency, of all funds received from the State and a summary of the purposes for which those funds were expended; [PL 1989, c. 167, §2 (NEW).] B. A summary of the most recent year's allocations of all funds by bureau, division or office, service area, region and, if available, county; [PL 1993, c. 410, Pt. CCC, §12 (AMD).] C. An evaluation of additional funding needed to equalize funding among all regions by individual service areas, presented in prioritized order; [PL 1989, c. 167, §2 (NEW).] D. The department's assessment, by individual service area, of the outstanding service needs of the State. The assessment shall identify the funding source projected by the department to be available for the expansion of service, presented in prioritized order; and [PL 1989, c. 167, §2 (NEW).] E. Recommendations for changes in funding resulting from the department's planning and evaluation system presented in the following order of priority: greatest service need within existing funding scheme; equalization of regional funding with each service area; and new or outstanding needs. [PL 1989, c. 167, §2 (NEW).] [PL 1993, c. 410, Pt. CCC, §12 (AMD); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

6. Rules. [PL 2007, c. 539, Pt. N, §64 (RP).]

7. Community agency staff retention. The commissioner shall, through contracts and service agreements with community agencies, provide funding to retain qualified direct-care workers employed by community services agencies providing services for children and adults with intellectual disabilities or autism. [PL 2011, c. 542, Pt. A, §64 (AMD).]

8. Fees. [PL 2023, c. 83, §1 (RP).]
34-B M.R.S. § 3864 — ME Code / Title 34-B / Chapter 3 / Section 3864
34-B §3864. Judicial procedure and commitment
Status: in_force

1. Application. An application to the District Court to admit a person to a psychiatric hospital, filed under section 3863, subsection 5‑A , must be accompanied by: A. The emergency application under section 3863, subsection 1 ; [PL 1983, c. 459, §7 (NEW).] B. The accompanying certificate of the medical practitioner under section 3863, subsection 2 ; [PL 2009, c. 651, §20 (AMD).] C. The certificate of the medical practitioner under section 3863, subsection 7 ; [PL 2021, c. 389, §3 (AMD).] D. A written statement, signed by the chief administrative officer of the psychiatric hospital, certifying that a copy of the application and the accompanying documents have been given personally to the patient and that the patient and the patient's guardian or next of kin, if any, have been notified of: (1) The patient's right to retain an attorney or to have an attorney appointed; (2) The patient's right to select or to have the patient's attorney select an independent examiner; and (3) How to contact the District Court; and [PL 2009, c. 651, §20 (AMD).] E. A copy of the notice and instructions given to the patient. [PL 1997, c. 422, §14 (NEW).] [PL 2021, c. 389, §3 (AMD).]

1-A. Involuntary treatment. An application under this section may also include a request for an order of involuntary treatment under subsection 7‑A . [PL 2007, c. 446, §2 (NEW); PL 2007, c. 446, §7 (AFF).]

2. Detention pending judicial determination. Notwithstanding any other provisions of this subchapter, a person, with respect to whom an application for the issuance of an order for hospitalization has been filed, may not be released or discharged during the pendency of the proceedings, unless: A. The District Court orders release or discharge upon the request of the patient or the patient's guardian, parent, spouse or next of kin; [PL 2007, c. 319, §10 (AMD).] B. The District Court orders release or discharge upon the report of the applicant that the person may be discharged with safety; [PL 1995, c. 496, §3 (AMD).] C. A court orders release or discharge upon a writ of habeas corpus under section 3804 ; [PL 2015, c. 309, §6 (AMD).] D. Upon request of the commissioner, the District Court orders the transfer of a patient in need of more specialized treatment to another psychiatric hospital. In the event of a transfer, the court shall transfer its file to the District Court having territorial jurisdiction over the receiving psychiatric hospital; or [PL 2015, c. 309, §7 (AMD).] E. The person has capacity to make an informed decision for informal voluntary admission, agrees to informal voluntary admission and the chief administrative officer of the hospital determines that informal voluntary admission is suitable. [PL 2015, c. 309, §8 (NEW).] [PL 2015, c. 309, §§6-8 (AMD).]

3. Notice of receipt of application. The giving of notice of receipt of application and date of hearing under this section is governed as follows. A. Upon receipt by the District Court of the application and accompanying documents specified in subsection 1 , the court shall cause written notice of the application and date of hearing: (1) To be mailed within 2 days of filing to the person; and (2) To be mailed to the person's guardian, if known, and to the person's spouse, parent or one of the person's adult children or, if none of these persons exist or if none of those persons can be located, to one of the person's next of kin or a friend, except that if the chief administrative officer has reason to believe that notice to any of these individuals would pose risk of harm to the person who is the subject of the application, notice to that individual may not be given. [PL 1997, c. 422, §15 (AMD).] B. A docket entry is sufficient evidence that notice under this subsection has been given. [PL 1983, c. 459, §7 (NEW).] [PL 1997, c. 422, §15 (AMD).]

4. Examination. Examinations under this section are governed as follows. A. Upon receipt by the District Court of the application and the accompanying documents specified in subsection 1 and at least 3 days after the person who is the subject of the examination was notified by the psychiatric hospital of the proceedings and of that person's right to retain counsel or to select an examiner, the court shall cause the person to be examined by a medical practitioner. If the application includes a request for an order for involuntary treatment under subsection 7‑A , the practitioner must be a medical practitioner who is qualified to prescribe medication relevant to the patient's care. If the person under examination or the counsel for that person selects a qualified examiner who is reasonably available, the court shall give preference to choosing that examiner. [PL 2009, c. 651, §21 (AMD).] B. The examination must be held at a psychiatric hospital or at any other suitable place not likely to have a harmful effect on the mental health of the person. [PL 2009, c. 651, §21 (AMD).] C. [PL 2007, c. 319, §10 (RP).] D. [PL 2007, c. 319, §10 (RP).] E. The examiner shall report to the court on: (1) Whether the person is a mentally ill person within the meaning of section 3801, subsection 5 ; (2) When the establishment of a progressive treatment plan under section 3873‑A is at issue, whether a person is suffering from a severe and persistent mental illness within the meaning of section 3801, subsection 8‑A ; (3) Whether the person poses a likelihood of serious harm within the meaning of section 3801, subsection 4‑A ; (4) When involuntary treatment is at issue, whether the need for such treatment meets the criteria of subsection 7‑A, paragraphs A and B ; (5) Whether adequate community resources are available for care and treatment of the person's mental illness; and (6) Whether the person's clinical needs may be met by an order under section 3873‑A to participate in a progressive treatment program. [PL 2009, c. 651, §21 (AMD).] F. [PL 2007, c. 446, §3 (RP); PL 2007, c. 446, §7 (AFF).] G. Opinions of the examiner may be based on personal observation or on history and information from other sources considered reliable by the examiner. [PL 2009, c. 651, §21 (NEW).] [PL 2009, c. 651, §21 (AMD).]

5. Hearing. Hearings under this section are governed as follows. A. The District Court shall hold a hearing on the application not later than 14 days from the date of the application. The District Court may separate the hearing on commitment from the hearing on involuntary treatment. (1) For good cause shown, on a motion by any party or by the court on its own motion, the hearing on commitment or on involuntary treatment may be continued for a period not to exceed 21 additional days. (2) If the hearing on commitment is not held within the time specified, or within the specified continuance period, the court shall dismiss the application and order the person discharged forthwith. (2-A) If the hearing on involuntary treatment is not held within the time specified, or within the specified continuance period, the court shall dismiss the application for involuntary treatment. (3) In computing the time periods set forth in this paragraph, the Maine Rules of Civil Procedure apply. [PL 2009, c. 651, §22 (AMD).] A-1. Prior to the commencement of the hearing, the court shall inform the person that if an order of involuntary commitment is entered, that person is a prohibited person and may not own, possess or have under that person's control a firearm pursuant to Title 15, section 393, subsection 1 . [PL 2007, c. 670, §18 (NEW).] B. The hearing must be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have harmful effect on the mental health of the person. If the setting is outside the psychiatric hospital to which the patient is currently admitted, the Department of Health and Human Services shall bear the responsibility and expense of transporting the patient to and from the hearing. If the patient is to be admitted to a psychiatric hospital following the hearing, then the hospital from which the patient came shall transport the patient to the admitting psychiatric hospital. If the patient is to be released following the hearing, then the hospital from which the patient came shall return the patient to that hospital or, at the patient's request, return the patient to the patient's place of residence. [PL 2007, c. 319, §10 (AMD).] C. The court shall receive all relevant and material evidence that may be offered in accordance with accepted rules of evidence and accepted judicial dispositions. (1) The person, the applicant and all other persons to whom notice is required to be sent must be afforded an opportunity to appear at the hearing to testify and to present and cross-examine witnesses. (2) The court may, in its discretion, receive the testimony of any other person and may subpoena any witness. [PL 2007, c. 319, §10 (AMD).] D. The person must be afforded an opportunity to be represented by counsel, and, if neither the person nor others provide counsel, the court shall appoint counsel for the person. [PL 2007, c. 319, §10 (AMD).] E. In addition to proving that the patient is a mentally ill individual, the applicant must show: (1) By evidence of the patient's recent actions and behavior, that due to the patient's mental illness the patient poses a likelihood of serious harm; and (2) That, after full consideration of less restrictive treatment settings and modalities, inpatient hospitalization is the best available means for the treatment of the person. [PL 2005, c. 519, Pt. BBBB, §10 (AMD); PL 2005, c. 519, Pt. BBBB, §20 (AFF).] F. In each case, the applicant shall submit to the court, at the time of the hearing, testimony, including expert psychiatric testimony, indicating the individual treatment plan to be followed by the psychiatric hospital staff, if the person is committed under this section, and shall bear any expense for witnesses for this purpose. [PL 2007, c. 319, §10 (AMD).] G. A stenographic or electronic record must be made of the proceedings in all judicial hospitalization hearings. (1) The record and all notes, exhibits and other evidence are confidential. (2) The record and all notes, exhibits and other evidence must be retained as part of the District Court records for a period of 2 years from the date of the hearing. [PL 2007, c. 319, §10 (AMD).] H. The hearing is confidential and a report of the proceedings may not be released to the public or press, except by permission of the person or the person's counsel and with approval of the presiding District Court Judge, except that the court may order a public hearing on the request of the person or the person's counsel. [PL 2007, c. 319, §10 (AMD).] [PL 2009, c. 651, §22 (AMD).]

6. Court findings. Procedures dealing with the District Court's findings under this section are as follows. A. The District Court shall so state in the record, if it finds upon completion of the hearing and consideration of the record: (1) Clear and convincing evidence that the person is mentally ill and that the person's recent actions and behavior demonstrate that the person's illness poses a likelihood of serious harm; (1-A) That adequate community resources for care and treatment of the person's mental illness are unavailable; (2) That inpatient hospitalization is the best available means for treatment of the patient; and (3) That it is satisfied with the individual treatment plan offered by the psychiatric hospital to which the applicant seeks the patient's involuntary commitment. [PL 2009, c. 651, §23 (AMD).] B. If the District Court makes the findings in paragraph A , subparagraphs (1), (1-A) and (2), but is not satisfied with the individual treatment plan as offered, it may continue the case for not longer than 10 days, pending reconsideration and resubmission of an individual treatment plan by the psychiatric hospital. [PL 2009, c. 651, §23 (AMD).] C. If the District Court makes the findings in section 3873‑A, subsection 1 , the court may issue an order under section 3873‑A requiring the person to participate in a progressive treatment program. [PL 2009, c. 651, §23 (NEW).] [PL 2009, c. 651, §23 (AMD).]

7. Commitment. Upon making the findings described in subsection 6, paragraph A , the court may order commitment to a psychiatric hospital for a period not to exceed 4 months in the first instance and not to exceed one year after the first and all subsequent hearings. A. The court may issue an order of commitment immediately after the completion of the hearing, or it may take the matter under advisement and issue an order within 24 hours of the hearing. [PL 1983, c. 459, §7 (NEW).] B. If the court does not issue an order of commitment within 24 hours of the completion of the hearing, it shall dismiss the application and order the patient discharged immediately. [PL 1995, c. 496, §6 (AMD).] [PL 2009, c. 651, §24 (AMD).]

7-A. Involuntary treatment. This subsection governs involuntary treatment. A. The court may grant a psychiatric hospital power to implement a recommended treatment plan without a person's consent for up to 120 days or until the end of the commitment, whichever is sooner, if upon application the court finds: (1) That the person lacks the capacity to make an informed decision regarding treatment; (2) That the person is unable or unwilling to comply with recommended treatment; (3) That the need for the treatment outweighs the risks and side effects; and (4) That the recommended treatment is the least intrusive appropriate treatment option. Alternatively, the court may appoint a surrogate to make treatment decisions on the person's behalf for the duration of the commitment if the court is satisfied that the surrogate is suitable, willing and reasonably available to act in the person's best interests. [PL 2007, c. 446, §4 (NEW); PL 2007, c. 446, §7 (AFF).] B. The need for involuntary treatment under paragraph A may be based on findings that include, but are not limited to, the following: (1) That a failure to treat the illness is likely to produce lasting or irreparable harm to the person; or (2) That without the recommended treatment the person's illness or involuntary commitment may be significantly extended without addressing the symptoms that cause the person to pose a likelihood of serious harm. [PL 2007, c. 446, §4 (NEW); PL 2007, c. 446, §7 (AFF).] C. The parties may agree to change, terminate or extend the treatment plan during the time period of an order for involuntary treatment. [PL 2009, c. 651, §25 (AMD).] D. For good cause shown, any party may apply to the court to change or terminate the treatment plan. [PL 2009, c. 651, §26 (AMD).] [PL 2009, c. 651, §§25, 26 (AMD).]

8. Continued involuntary hospitalization. If the chief administrative officer of the psychiatric hospital to which a person has been committed involuntarily by the District Court recommends that continued involuntary hospitalization is necessary for that person, the chief administrative officer shall notify the commissioner. The commissioner may then, not later than 21 days prior to the expiration of a period of commitment ordered by the court, make application in accordance with this section to the District Court that has territorial jurisdiction over the psychiatric hospital designated for treatment in the application by the commissioner for a hearing to be held under this section. [PL 2007, c. 319, §10 (AMD).]

9. Transportation. Except for transportation expenses paid by the District Court pursuant to subsection 10 , a continued involuntary hospitalization hearing that requires transportation of the patient to and from any psychiatric hospital to a court that has committed the person must be provided at the expense of the Department of Health and Human Services. Transportation of an individual to a psychiatric hospital under these circumstances must involve the least restrictive form of transportation available that meets the clinical needs of that individual and be in compliance with departmental regulations. [PL 2007, c. 319, §10 (AMD).]

10. Expenses. With the exception of expenses incurred by the applicant pursuant to subsection 5, paragraph F , the District Court is responsible for any expenses incurred under this section, including fees of appointed counsel, witness and notice fees and expenses of transportation for the person. [PL 2007, c. 319, §10 (AMD).]

11. Appeals. A person ordered by the District Court to be committed to a psychiatric hospital may appeal from that order to the Superior Court. A. The appeal is on questions of law only. [PL 1983, c. 459, §7 (NEW).] B. Any findings of fact of the District Court may not be set aside unless clearly erroneous. [PL 1983, c. 459, §7 (NEW).] C. The order of the District Court remains in effect pending the appeal. [PL 2007, c. 319, §10 (AMD).] D. The District Court Civil Rules and the Maine Rules of Civil Procedure apply to the conduct of the appeals, except as otherwise specified in this subsection. [PL 1983, c. 459, §7 (NEW).] [PL 2007, c. 319, §10 (AMD).]

12. Transmission of abstract of court ruling to the State Bureau of Identification. Notwithstanding any other provision of this section or section 1207 , a court shall transmit to the Department of Public Safety, State Bureau of Identification an abstract of any order for involuntary commitment issued by the court pursuant to this section. The abstract must include: A. The name, date of birth and gender of the person who is the subject of the order for involuntary commitment; [PL 2007, c. 670, §19 (NEW).] B. The court's ruling that the person has been involuntarily committed; and [PL 2007, c. 670, §19 (NEW).] C. A notation that the person has been notified by the court in accordance with subsection 5, paragraph A‑1 and subsection 13 . [PL 2007, c. 670, §19 (NEW).] The abstract required in this subsection is confidential and is not a "public record" as defined in Title 1, chapter 13 ; however, a copy of the abstract may be provided by the State Bureau of Identification to a criminal justice agency for legitimate law enforcement purposes, to the Federal Bureau of Investigation, National Instant Criminal Background Check System or to an issuing authority for the purpose of processing concealed firearm permit applications. For the purposes of this subsection, "criminal justice agency" means a federal, state, tribal, district, county or local government agency or any subunit thereof that performs the administration of criminal justice under a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice. Courts and the Department of the Attorney General are considered criminal justice agencies. "Criminal justice agency" also includes any equivalent agency at any level of Canadian government. [PL 2007, c. 670, §19 (NEW).]

13. Firearms possession prohibition notification. A court that orders a person to be committed involuntarily pursuant to this section shall inform the person that possession, ownership or control of a firearm by that person is prohibited pursuant to Title 15, section 393, subsection 1 . As used in this subsection, "firearm" has the same meaning as in Title 17‑A, section 2, subsection 12‑A . [PL 2007, c. 670, §20 (NEW).]
34-B M.R.S. § 5434 — ME Code / Title 34-B / Chapter 5 / Section 5434
34-B §5434. Municipalities and other governmental units
Status: in_force

1. Authorization. A municipality or other governmental unit, such as a county, school district or health district, through its local board of health or other town or governmental agency approved by the commissioner, may adopt and carry out a program of adult developmental services established or approved by the commissioner and appropriate money for that purpose. [PL 2011, c. 542, Pt. A, §98 (AMD).]

2. Joint ventures. A municipality or other governmental unit may join with another municipality or governmental unit to carry out such a program. [PL 1983, c. 459, §7 (NEW).]

3. Grants. Upon application to the department by a municipality or other governmental unit, the commissioner may grant to the applicant money to be used for carrying out its adult developmental services, including any necessary capital expenditures or purchase of buildings. [PL 2011, c. 542, Pt. A, §98 (AMD).]
34-A M.R.S. § 3406 — ME Code / Title 34-A / Chapter 3 / Section 3406
34-A §3406. Land grants to the Department of Agriculture, Conservation and Forestry
Status: in_force

The following lands of the former Women's Correctional Center at Skowhegan are granted to the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands as follows: [PL 2015, c. 329, Pt. A, §19 (AMD).]

1. Land grant to Bureau of Parks and Lands. All of the open land and timberland north of Norridgewock Avenue, excluding the land immediately adjacent to the institutional buildings, is transferred to the Bureau of Parks and Lands, which shall actively manage the timberlands as a working forest; and [PL 2015, c. 329, Pt. A, §19 (AMD).]

2. Land grant to Bureau of Parks and Lands. All the land lying between Norridgewock Avenue and the Kennebec River, with the exception of the sewage treatment plant and access thereto, is transferred to the Bureau of Parks and Lands to be managed by the bureau. [PL 2015, c. 329, Pt. A, §19 (AMD).]
34-B M.R.S. § 5468 — ME Code / Title 34-B / Chapter 5 / Section 5468
34-B §5468. Evaluation
Status: in_force

After completing the tasks specified in section 5467, subsection 2 , the commissioner shall cause a comprehensive evaluation of the client, including a consideration of physical, emotional, social and cognitive factors, to be conducted if a recent comprehensive and informative evaluation is not already available to the department. [PL 2003, c. 389, §10 (AMD).]

1. Location. The comprehensive evaluation shall be conducted locally, except where resources required to carry out the evaluation are not available. [PL 1983, c. 459, §7 (NEW).]

2. Comprehensive evaluation. The comprehensive evaluation must be conducted by a person who is a licensed physician, licensed clinical psychologist or licensed psychological examiner and who has had training and experience in the diagnosis and treatment of persons with intellectual disabilities or autism. [PL 2011, c. 542, Pt. A, §111 (AMD).]

3. Evaluation of child. [PL 1985, c. 503, §8 (RP).]
34-A M.R.S. § 3407 — ME Code / Title 34-A / Chapter 3 / Section 3407
34-A §3407. Delivery to the center
Status: in_force

When a person is convicted and sentenced to the department and is to be transported to the center from any county: [PL 1983, c. 581, §§43, 59 (NEW).]

1. Duties of commissioner. The commissioner shall immediately notify the warden and the sheriff of the county in which the sentencing court is located; [PL 2013, c. 508, §4 (AMD).]

2. Duties of the sheriff. The sheriff of the county in which the sentencing court is located shall: A. Transport the person to the center, using a sufficient number of the sheriff's appointed deputies when necessary; and [PL 1999, c. 583, §26 (AMD).] B. Deliver the person to the officer in charge of the center between the hours of 8 a.m. and 4 p.m. Monday to Friday, except for holidays, unless prior arrangements are made and approved by the warden, accompanied by a duly signed warrant of commitment and record, as provided by Title 15, section 1707 ; [PL 2013, c. 508, §5 (AMD).] [PL 2013, c. 508, §5 (AMD).]

3. Duties of the jail keeper. When, during the conveyance of a person to the center pursuant to the person's sentence, it is necessary or convenient to lodge the person for safekeeping in a jail until the remainder of the conveyance can be conveniently performed, the keeper of the jail shall: A. Receive and safely keep and provide for the person reasonable charges and expenses for this service to be paid from the State Treasury; and [PL 1999, c. 583, §26 (AMD).] B. Deliver the person to the custody of the deputy employed to convey the person, when that deputy calls for the person; and [PL 1999, c. 583, §26 (AMD).] [PL 1999, c. 583, §26 (AMD).]

4. Duties of the warden. The warden shall: A. File the record, as provided by Title 15, section 1707 , in the warden's office. [PL 2013, c. 508, §6 (AMD).] B. [PL 2009, c. 391, §19 (RP).] [PL 2013, c. 508, §6 (AMD).]
34-A M.R.S. § 1214-B — ME Code / Title 34-A / Chapter 1 / Section 1214-B
34-A §1214-B. Setoff of victim restitution against lottery winnings
Status: in_force

The department shall provide the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, referred to in this section as "the bureau," access to an electronic database of all persons who owe victim restitution payable through the department and imposed by a court pursuant to Title 17‑A, chapter 69 . Before the payment of lottery winnings by the bureau, the bureau shall determine whether the lottery winner owes victim restitution payable through the department and imposed by a court pursuant to Title 17‑A, chapter 69 . If the winner is determined to owe victim restitution imposed by a court, the bureau must suspend payment of the winnings, provide notice to the winner of its intention to set off the winnings against the victim restitution owed and provide the winnings to the department in the amount owed by the winner. The bureau shall release any remaining winnings in accordance with state law. [PL 2023, c. 135, §5 (NEW).]
34-A M.R.S. § 3036-A — ME Code / Title 34-A / Chapter 3 / Section 3036-A
34-A §3036-A. Supervised community confinement program
Status: in_force

1. Establishment. The commissioner shall adopt rules establishing and governing a supervised community confinement program for certain prisoners committed to the department. [PL 2021, c. 376, §1 (AMD).]

2. Participation and eligibility. The commissioner may transfer any prisoner committed to the department from a correctional facility to supervised community confinement subject to the following restrictions. A. A transfer to supervised community confinement may be granted only subject to rules adopted by the commissioner. [PL 2021, c. 376, §2 (AMD).] B. A prisoner may not be transferred to supervised community confinement until the prisoner has served at least 2/3 of the term of imprisonment imposed or, in the case of a split sentence, at least 2/3 of the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17‑A, section 2302, subsection 1 ; section 2305 ; section 2307 ; section 2308 ; section 2309 ; section 2310 ; or section 2311 if the term of imprisonment or, in the case of a split sentence, the unsuspended portion is more than 5 years. A prisoner may not be transferred to supervised community confinement until the prisoner has served at least 1/2 of the term of imprisonment imposed or, in the case of a split sentence, at least 1/2 of the unsuspended portion after consideration of any deductions that the prisoner has received and retained under Title 17‑A, section 2302, subsection 1 ; section 2305 ; section 2307 ; section 2308 ; section 2309 ; section 2310 ; or section 2311 if the term of imprisonment or, in the case of a split sentence, the unsuspended portion is 5 years or less. [PL 2019, c. 113, Pt. C, §91 (AMD).] C. Except as provided in paragraph C‑1 , a prisoner may not be transferred to supervised community confinement unless the prisoner has no more than 2 years remaining on the term of imprisonment or, in the case of a split sentence, on the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17‑A, section 2302, subsection 1 ; section 2305 ; section 2307 ; section 2308 ; section 2309 ; section 2310 ; or section 2311 . [PL 2021, c. 376, §2 (AMD).] C-1. If the commissioner determines that the average statewide probation case load is no more than 90 probationers to one probation officer, then a prisoner may be transferred to supervised community confinement if that prisoner has no more than 30 months remaining on the term of imprisonment or, in the case of a split sentence, on the unsuspended portion, after consideration of any deductions that the prisoner has received and retained under Title 17‑A, section 2302, subsection 1 ; section 2305 ; section 2307 ; section 2308 ; section 2309 ; section 2310 ; or section 2311 . [PL 2021, c. 376, §2 (AMD).] D. A prisoner may not be transferred to supervised community confinement if the prisoner has a custody classification level higher than minimum. [PL 2021, c. 376, §2 (AMD).] [PL 2021, c. 376, §2 (AMD).]

2-A. Criteria and process. The commissioner shall establish criteria and a process for determining whether a prisoner eligible for transfer to supervised community confinement as provided in subsection 2 is approved for transfer. The primary determining factor for approval must be the prisoner's likelihood of completion of supervised community confinement if transferred. A. The criteria must be evidence-based and designed to evaluate the likelihood of a prisoner's completion of supervised community confinement if transferred. The criteria must be specific and include, but may not be limited to, fulfillment of expectations as to conduct, fulfillment of expectations as to work, education and rehabilitation programs assigned in the case plan, other rehabilitative efforts and accomplishments, arrangements for suitable housing in the community, taking into consideration the proximity of this housing to the victim, and the existence of support systems and resources in the community. [PL 2021, c. 376, §3 (NEW).] B. The process must reflect best practices for evaluating the likelihood of a prisoner's completion of supervised community confinement if transferred and must provide guidance to department staff as to how to apply the established criteria when conducting the evaluation. The process must require, when information is obtained by the department from persons in the community for the purpose of determining whether to approve a prisoner for transfer to supervised community confinement, that those persons be informed of the prisoner's fulfillment of expectations as to conduct, fulfillment of expectations as to work, education and rehabilitation programs assigned in the case plan and other rehabilitative efforts and accomplishments. The process must include consideration of any information provided by the Office of Victim Services, as established in section 1214 , and, if requested by the office, allow for an extension of time necessary for the office to make additional good faith efforts to contact any victims of the crimes for which the prisoner is incarcerated. The process must include an evaluation of whether the proposed supervised community confinement plan is responsive to reasonable safety concerns raised by persons in the community, including any victims of the crimes for which the prisoner is incarcerated. The process must also include the right of a prisoner who is eligible for transfer to supervised community confinement as provided in subsection 2 but who has not been approved for transfer to appeal that determination to the commissioner. [PL 2025, c. 360, §1 (AMD).] [PL 2025, c. 360, §1 (AMD).]

2-B. Additional process for prisoners incarcerated for crime committed against family or household member or dating partner. In addition to the process required by subsection 2‑A , in determining whether a prisoner incarcerated for a crime that was committed against a family or household member, as defined in Title 19‑A, section 4102, subsection 6 , or dating partner, as defined in Title 19‑A, section 4102, subsection 4 , is approved for transfer, the process under this subsection must provide for the following: A. Review and consideration of the results of any validated, evidence-based domestic violence risk assessment, including one that has been completed by a law enforcement officer in accordance with Title 19‑A, section 4114, subsection 6, paragraph E as part of the criminal case for which the prisoner is incarcerated; and [PL 2025, c. 360, §2 (NEW).] B. Notification of the application for transfer to supervised community confinement to the district attorney of the county in which the conviction was entered as well as a local domestic violence resource center. [PL 2025, c. 360, §2 (NEW).] [PL 2025, c. 360, §2 (NEW).]

3. Mandatory conditions for supervised community confinement. Prisoners transferred to supervised community confinement are subject to the following mandatory conditions. A. The prisoner must be involved in a program of work or education that is approved by the commissioner together with any treatment program that the commissioner might require. The commissioner may waive the requirement of involvement in a program of work or education for a prisoner who is involved in an approved full-time treatment program. [PL 2007, c. 536, §4 (AMD).] B. The prisoner must live in a residence that is approved by the commissioner. [PL 1991, c. 845, §4 (NEW).] C. The prisoner must be subject to a curfew set by the commissioner during which time the prisoner must be at the approved residence. [PL 1991, c. 845, §4 (NEW).] D. The prisoner must be subject to travel or movement restrictions set by the commissioner limiting the prisoner's travel to times and places directly related to approved employment, education, treatment or such other specific purposes as are approved in advance by the commissioner. [PL 1991, c. 845, §4 (NEW).] E. The prisoner must be subject to searches of the prisoner's person, residence, papers and effects without a warrant and without probable cause, for items prohibited by law or by the conditions of supervised community confinement or otherwise subject to seizure, upon the request of the commissioner. The commissioner may prohibit the prisoner from residing with anyone who does not consent to a search of the residence to the extent necessary to search the prisoner's person, residence, papers and effects. [PL 1991, c. 845, §4 (NEW).] F. The prisoner may not possess or use illegal drugs or other illegal substances, may not possess or use alcohol and may not misuse any other legal substance. [PL 2017, c. 407, Pt. A, §154 (AMD).] G. The prisoner must submit to urinalysis, breath testing or other chemical tests without probable cause at the request of the commissioner. [PL 1991, c. 845, §4 (NEW).] H. The prisoner must notify any law enforcement officer, if stopped, of the prisoner's status as a prisoner on supervised community confinement and notify the commissioner within 8 hours of any such contact with any law enforcement officer. [PL 1991, c. 845, §4 (NEW).] I. The prisoner may not violate state or federal criminal law. [PL 1991, c. 845, §4 (NEW).] J. When required by the commissioner and to the extent that the commissioner determines that the prisoner has the financial resources, the prisoner must pay part or all of the costs of the prisoner's participation in the supervised community confinement program. [PL 1991, c. 845, §4 (NEW).] K. When required by the commissioner and to the extent that the commissioner determines that the prisoner has the financial resources, the prisoner shall continue to pay any outstanding victim restitution at a level similar to what the prisoner would have had to pay if the prisoner had remained incarcerated at a department correctional facility. [PL 2025, c. 360, §3 (NEW).] [PL 2025, c. 360, §3 (AMD).]

4. Additional conditions. In addition to the mandatory conditions, the conditions of supervised community confinement that may be imposed on a prisoner at any time include: A. Any condition that may be imposed as a condition of probation pursuant to Title 17‑A, section 1807 ; and [PL 2019, c. 113, Pt. C, §94 (AMD).] B. Any condition that would be appropriate for the prisoner and the supervised community confinement program. The conditions imposed may be as stringent or restrictive as, but not more stringent or restrictive than, those that may be constitutionally imposed if the prisoner were actually housed at a maximum security institution. [PL 1991, c. 845, §4 (NEW).] [PL 2019, c. 113, Pt. C, §94 (AMD).]

5. Copy of rules. Copies of rules must be provided to prisoners as follows. A. The commissioner shall provide to any prisoner permitted to participate in the supervised community confinement program under this section a copy of the rules applicable to the program. [PL 1991, c. 845, §4 (NEW).] B. The prisoner shall attest to the receipt of the copy of the rules. [PL 1991, c. 845, §4 (NEW).] [PL 1991, c. 845, §4 (NEW).]

6. Prohibited acts. Prohibited acts under this section are governed as follows. A. A person 18 years of age or older is guilty of interference with supervised community confinement if that person intentionally or knowingly obstructs, intimidates or otherwise abets any prisoner participating in the supervised community confinement program under this section and intentionally contributes or causes the prisoner to violate any term of supervised community confinement program participation, after having been warned by the commissioner to end the offending activity. [PL 1991, c. 845, §4 (NEW).] B. Interference with supervised community confinement is a Class D crime. [PL 1991, c. 845, §4 (NEW).] [PL 1991, c. 845, §4 (NEW).]

7. Investigation of compliance. The commissioner, at any time and in any manner the commissioner determines appropriate, may investigate compliance with the conditions imposed. The means of investigation may include, but are not limited to, the following: A. Personal contact with the prisoner at the prisoner's residence, place of employment or any other place; [PL 1991, c. 845, §4 (NEW).] B. Direct inquiry of the prisoner's employer, school or any other person or entity; [PL 1991, c. 845, §4 (NEW).] C. Criminal, court and law enforcement agency investigations; and [PL 2021, c. 376, §4 (AMD).] D. Credit and other financial inquiries. [PL 1991, c. 845, §4 (NEW).] [PL 2021, c. 376, §4 (AMD).]

8. Funding. Funds generated pursuant to this section must be deposited into the Supervised Community Confinement Account established by the department, except that where authorized by the department, a person participating in the supervised community confinement program may be required to pay fees directly to a provider of electronic monitoring, drug testing or other services. Funds from this account, which may not lapse, must be used to pay for the costs of the supervised community confinement program. [PL 1993, c. 503, §1 (AMD).]

9. Probation violation; revocation. If a prisoner on supervised community confinement violates a condition of supervised community confinement imposed on the prisoner and if the violation conduct is also a violation of a condition of probation imposed as part of the sentence the prisoner is serving while on supervised community confinement, a probation officer may file with any court a motion for revocation of probation and the court may revoke probation as specified in Title 17‑A, section 1812 . [PL 2019, c. 113, Pt. C, §95 (AMD).]

10. Terminally ill or incapacitated prisoner. With the consent of the prisoner, the commissioner may transfer a prisoner committed to the department from a correctional facility to supervised community confinement without meeting the eligibility requirements of subsection 2, paragraphs B and C and without meeting the criteria or fulfilling the process provided for under subsections 2‑A and 2‑B if the department's director of medical care has determined that the prisoner has a terminal or severely incapacitating medical condition or has a worsening prognosis that is likely to result in a terminal or severely incapacitating medical condition and that care outside a correctional facility is medically appropriate. Except as set out in this subsection, the prisoner must live in a hospital or other appropriate care facility, such as a nursing facility, residential care facility or a facility that is a licensed hospice program pursuant to Title 22, section 8622, approved by the commissioner. As approved by the commissioner, the prisoner may receive hospice services from an entity licensed pursuant to Title 22, chapter 1681, subchapter 1 or other care services provided by an entity approved by the commissioner and, subject to approval by the commissioner, may live at home while receiving these services. The commissioner may exempt a prisoner transferred to supervised community confinement pursuant to this subsection from any mandatory condition under subsection 3 that the commissioner determines to be inapplicable. The prisoner shall provide any information pertaining to the prisoner's medical condition or care that is requested by the commissioner at any time while the prisoner is on supervised community confinement. If the commissioner determines that the prisoner has failed to fully comply with a request or if at any time the department's director of medical care determines that the prisoner does not have a terminal or severely incapacitating medical condition or a worsening prognosis that is likely to result in a terminal or severely incapacitating medical condition or that care outside a correctional facility is not medically appropriate, the commissioner shall revoke the transfer to supervised community confinement. [PL 2025, c. 360, §4 (AMD).]

11. Revocation of transfer. The commissioner may revoke a transfer to supervised community confinement at any time for any reason in the commissioner's discretion. [PL 2009, c. 391, §17 (NEW).]

12. Information for prisoners. The department shall make available to all prisoners written information about supervised community confinement, including eligibility requirements, the application process and the criteria and process for determining whether a prisoner eligible for transfer to supervised community confinement may be approved for transfer. The department shall include information about the determination and approval process for prisoners who have a terminal or severely incapacitating medical condition or have a worsening prognosis that is likely to result in a terminal or severely incapacitating medical condition and for whom care outside a correctional facility is medically appropriate. The department shall publish this information on its publicly accessible website. [PL 2023, c. 659, §3 (AMD).]

13. Data tracking. The department shall track data for all prisoners who apply for supervised community confinement and approval, denial and, if approved, completion of the program. The department also shall track data for all prisoners who are transferred to supervised community confinement under subsection 10 . Such data must include, but is not limited to, demographic data regarding race and ethnicity, gender, age and convictions leading to the prisoner's current incarceration. The department shall publish monthly on its publicly accessible website the data tracked pursuant to this subsection in a manner that does not violate the confidentiality requirements of section 1216 or any other provision of state or federal law. [PL 2023, c. 659, §4 (AMD).]
34-B M.R.S. § 5432 — ME Code / Title 34-B / Chapter 5 / Section 5432
34-B §5432. Commissioner's duties
Status: in_force

The commissioner shall: [PL 1983, c. 459, §7 (NEW).]

1. Community participation. Encourage persons in local communities to participate in the provision of supportive services for persons with intellectual disabilities or autism, so that persons in the community may have a better understanding of the need for those services; [PL 2011, c. 542, Pt. A, §95 (AMD).]

2. Financial assistance. When offering assistance to community-based programs, follow the procedures set forth in this Article; and [PL 1983, c. 459, §7 (NEW).]

3. Rules. Adopt rules, according to the Maine Administrative Procedure Act, Title 5, chapter 375 , relating to the administration of the services authorized by this article and adopt major substantive rules, according to Title 5, chapter 375, subchapter 2‑A , relating to rate setting pursuant to Public Law 2005, chapter 12, Part BBBB and Public Law 2005, chapter 519, Part CCC. [PL 2007, c. 237, §1 (AMD).]
34-A M.R.S. § 3031 — ME Code / Title 34-A / Chapter 3 / Section 3031
34-A §3031. Rights
Status: in_force

Any person residing in a correctional or detention facility has a right to: [PL 1991, c. 314, §34 (AMD).]

1. Food. Nutritious food in adequate quantities; [PL 1983, c. 459, §6 (NEW).]

2. Medical care. Adequate professional medical care and adequate professional mental health care, which do not include medical treatment or mental health treatment requested by the client that the facility's treating physician or treating psychiatrist or psychologist determines unnecessary. The commissioner may establish medical and dental fees not to exceed $5 for the medical and dental services that are provided pursuant to this subsection and a fee not to exceed $5 for prescriptions, medication or prosthetic devices. Except as provided in paragraph A , every client may be charged a medical or dental services fee for each medical or dental visit, prescription, medication or prosthetic device. The facility shall collect the fee. All money received by the department under this subsection is retained by the facility to offset the cost of medical and dental services, prescriptions, medication and prosthetic devices. A. A client is exempt from payment of medical and dental services fees and fees for prescriptions, medication or prosthetic devices when the client: (1) Receives treatment initiated by facility staff; (2) Is a juvenile; (3) Is pregnant; (4) Is a person with a serious mental illness or developmental disability. For the purposes of this paragraph, "a person with a serious mental illness or developmental disability" means a client who, as a result of a mental disorder or developmental disability, exhibits emotional or behavioral functioning that is so impaired as to interfere substantially with the client's capacity to remain in the general prison population without supportive treatment or services of a long-term or indefinite duration, as determined by the facility's psychiatrist or psychologist. The exemption under this paragraph applies only to supportive treatment or services being provided to improve the client's emotional or behavioral functioning; (5) Is an inpatient at a state-funded mental health facility or is a resident at a state-funded facility for individuals with adult developmental disabilities; (6) Is undergoing follow-up treatment; (7) Receives emergency treatment as determined by the facility's medical or dental staff; or (8) Has less than $15 in the client's facility account and did not receive additional money from any source for 6 months following the medical or dental service or provision of the prescription, medication or prosthetic device. [PL 2015, c. 291, §5 (AMD).] A-1. A client who is indigent is exempt from fees charged for requesting or obtaining records of medical, dental or mental health care provided to the client pursuant to this subsection. [PL 2021, c. 359, §2 (NEW).] B. Notwithstanding paragraphs A and A‑1 , the State may bring a civil action in a court of competent jurisdiction to recover the cost of medical, dental, psychiatric or psychological expenses incurred by the State on behalf of a client incarcerated in a facility. The following assets are not subject to judgment under this paragraph: (1) Joint ownership, if any, that the client may have in real property; (2) Joint ownership, if any, that the client may have in any assets, earnings or other sources of income; and (3) The income, assets, earnings or other property, both real and personal, owned by the client's spouse or family; [PL 2021, c. 359, §3 (AMD).] C. [PL 1995, c. 201, §2 (RP).] [PL 2021, c. 359, §§2, 3 (AMD).]

3. Living conditions. An acceptable level of sanitation, ventilation and light; [PL 1983, c. 459, §6 (NEW).]

4. Sleeping space. A reasonable amount of space per person in any sleeping area; [PL 1983, c. 459, §6 (NEW).]

5. Exercise and recreation. A reasonable opportunity for physical exercise; [PL 1989, c. 127, §5 (AMD).]

6. Protection from abuse. Protection against any physical or psychological abuse; [PL 1983, c. 459, §6 (NEW).]

7. Area for personal effects. A reasonably secure area for the maintenance of permitted personal effects; [PL 2019, c. 139, §2 (AMD).]

8. Visitation. A reasonable opportunity to visit with relatives and friends, in accordance with departmental policies and institutional procedures, except that the department may restrict or prohibit visits when the restriction or prohibition is necessary for the security of the institution. Departmental policies and institutional procedures must provide to a person in a correctional facility or detention facility opportunities and conditions for visits with the child of the person that provide time together in settings that allow for as positive a parent-child interaction as practicably can be achieved while protecting the emotional and physical well-being of the child, as long as such visits are not prohibited by court order, prohibited by a department policy due to the child's being a victim of the person, contrary to the wishes of the child's other parent or guardian or inconsistent with the security of the institution; [PL 2021, c. 620, §6 (AMD).]

9. Menstrual products. Comprehensive access to menstrual products, including, but not limited to, sanitary pads and tampons, provided and available at all times and without inconvenience or charge to a person who menstruates who resides in a correctional or detention facility; and [PL 2021, c. 263, §4 (AMD).]

10. Gender affirmation. Have the person's consistently held gender identity respected and acknowledged, irrespective of anatomy or physique. Housing placements and search practices must be consistent with the person's consistently held gender identity except when such placement or search would present significant management or security problems to the correctional or detention facility or threaten the health and safety of the person. A person must have access to commissary items, clothing, personal property, programming and educational materials that are consistent with the person's consistently held gender identity. Correctional or detention facility staff shall address a person in a manner that is consistent with the person's consistently held gender identity. [PL 2021, c. 263, §5 (NEW).]
34-B M.R.S. § 13001 — ME Code / Title 34-B / Chapter 13 / Section 13001
34-B §13001. Policy
Status: in_force

It is the purpose of this chapter to develop a mechanism by which the concept of receivership can be utilized for the protection of individuals served or funded by the department. It is the intent of the Legislature that receivership be a remedy of last resort when all other methods of remedy have failed or when the implementation of other remedies would be futile. [PL 1997, c. 610, §3 (NEW).]
34-A M.R.S. § 5208 — ME Code / Title 34-A / Chapter 5 / Section 5208
34-A §5208. Annual report
Status: in_force

1. Preparation of report. After June 30th of each year, the commissioner shall prepare a detailed report of the work of the board and of probation and parole activities for the preceding fiscal year. [PL 1995, c. 502, Pt. F, §32 (AMD).]

2. Commissioner's duty. The commissioner shall send the annual report to the Governor for submission to the Legislature. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3009 — ME Code / Title 34-A / Chapter 3 / Section 3009
34-A §3009. Public ways and parking areas
Status: in_force

1. Rules. The chief administrative officers of correctional or detention facilities may adopt and enforce rules, subject to the approval of the commissioner, governing the use of public ways and parking areas maintained by the State at the facilities. A. The rules must be adopted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1991, c. 314, §31 (AMD).] B. The Secretary of State shall forward a copy of the rules, attested under the Great Seal of the State of Maine, to the District Court in the area of jurisdiction. [PL 1983, c. 459, §6 (NEW).] [PL 1991, c. 314, §31 (AMD).]

2. Special police officers. The chief administrative officers of correctional or detention facilities may appoint and employ, subject to the Civil Service Law, special police officers for the purpose of enforcing rules promulgated under subsection 1 . A. The special police officers shall: (1) Patrol all the public ways and parking areas subject to this section; (2) Enforce rules promulgated under this section; and (3) Arrest and prosecute violators of the rules. [PL 1983, c. 459, §6 (NEW).] B. The State Police, sheriffs, deputy sheriffs, police officers and constables who have jurisdiction over the areas in which the correctional or detention facilities are located shall, insofar as possible, cooperate with the special police officers in the enforcement of the rules promulgated under subsection 1 . [PL 1991, c. 314, §32 (AMD).] [PL 1991, c. 314, §32 (AMD).]

3. Court procedure. The District Court, in the areas in which the facilities are located, has jurisdiction in all proceedings brought under this section. A. The District Court shall take judicial notice of all rules promulgated under subsection 1 . [PL 1983, c. 459, §6 (NEW).] B. In any prosecution for a violation of the rules, the complaint may allege the offense as in prosecutions under a general statute and need not recite the rule. [PL 1983, c. 459, §6 (NEW).] [PL 1991, c. 314, §33 (AMD).]

4. Prohibited acts; fines. Prohibited acts and fines under this section are governed as follows. A. A person is guilty of a public ways or parking violation if he violates any rule promulgated pursuant to this section. [PL 1983, c. 459, §6 (NEW).] B. Upon conviction of a public ways or parking violation, a person shall pay a fine as follows: (1) For the first offense in any calendar year, a fine of $1; (2) For the 2nd offense in any calendar year, a fine of $2; and (3) For each offense in excess of 2 in any calendar year, a fine of $5. [PL 1983, c. 459, §6 (NEW).] C. Notwithstanding any other law, the fines and costs of court paid under this section shall inure to the municipality in which the proceedings take place. [PL 1983, c. 459, §6 (NEW).] D. Offenses not covered by the rules promulgated under subsection 1 shall be dealt with as otherwise provided by law. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 3865 — ME Code / Title 34-B / Chapter 3 / Section 3865
34-B §3865. Hospitalization by federal agency
Status: in_force

If a person ordered to be hospitalized under section 3864 is eligible for hospital care or treatment by any agency of the United States, the court, upon receipt of a certificate from the agency showing that facilities are available and that the person is eligible for care or treatment in the facilities, may order the person to be placed in the custody of the agency for hospitalization. [PL 2007, c. 319, §11 (AMD).]

1. Rules and rights. A person admitted under this section to any psychiatric hospital or institution operated by any agency of the United States, inside or outside the State, is subject to the rules of the agency, but retains all rights to release and periodic court review granted by this subchapter. [PL 2007, c. 319, §11 (AMD).]

2. Powers of chief administrative officer. The chief administrative officer of any psychiatric hospital or institution operated by a federal agency in which the person is hospitalized has, with respect to the person, the same powers as the chief administrative officer of psychiatric hospitals or the commissioner within this State with respect to detention, custody, transfer, conditional release or discharge of patients. [PL 2007, c. 319, §11 (AMD).]

3. Court jurisdiction. Every order of hospitalization issued under this section is conditioned on the retention of jurisdiction in the courts of this State to, at any time: A. Inquire into the mental condition of a person hospitalized; and [PL 1983, c. 459, §7 (NEW).] B. Determine the necessity for continuance of the person's hospitalization. [PL 2007, c. 319, §11 (AMD).] [PL 2007, c. 319, §11 (AMD).]
34-A M.R.S. § 5204 — ME Code / Title 34-A / Chapter 5 / Section 5204
34-A §5204. Vacancy
Status: in_force

A vacancy on the board shall be filled for the unexpired term in the same manner in which an appointment is made. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 1402 — ME Code / Title 34-A / Chapter 1 / Section 1402
34-A §1402. Duties
Status: in_force

In addition to other duties set out in this Title, the commissioner has the following duties. [PL 1983, c. 459, §6 (NEW).]

1. General. The commissioner has general supervision, management and control of the research and planning, grounds, buildings, property, officers, employees and clients of any correctional facility, detention facility or correctional program. [PL 1991, c. 314, §17 (AMD).]

2. Enforcement of laws. The commissioner shall enforce all laws concerning correctional facilities, unless specific law enforcement duties are given by law to other persons. [PL 1983, c. 459, §6 (NEW).]

3. Rules. Rules shall be established as follows. A. The commissioner shall establish, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , such rules as he determines appropriate or necessary for the care and management of the property of all correctional facilities, for the production and distribution of industrial products of the correctional facilities and for the execution of the statutory purposes and functions of correctional facilities or correctional programs. [PL 1983, c. 459, §6 (NEW).] B. The central principle underlying all rules, regulations, procedures and practices relating to clients is that the clients retain all rights of an ordinary citizen, except those expressly or by necessary implication taken from them by law. [PL 1991, c. 314, §18 (AMD).] [PL 1991, c. 314, §18 (AMD).]

4. Career and technical education. Establishment of career and technical education shall be as follows. A. The commissioner shall establish and maintain suitable courses for career and technical education in the correctional facilities. (1) The commissioner shall install equipment necessary to carry out this duty. (2) The commissioner shall employ suitable and qualified instructors necessary to carry out this duty, subject to the approval of the Department of Education. [PL 2005, c. 683, Pt. B, §25 (AMD).] B. The expenses of carrying out this subsection shall be paid from the appropriations for the correctional facilities. [PL 1983, c. 459, §6 (NEW).] [PL 2005, c. 683, Pt. B, §25 (AMD).]

5. Grievance procedures. The commissioner shall establish procedures for hearing grievances of clients. The commissioner shall establish a separate grievance process for addressing complaints by prisoners about their medical and mental health treatment as well as a separate grievance process for addressing complaints regarding compliance with the standards established pursuant to sections 1208 , 1208‑A and 1208‑B . The commissioner shall track data for all grievances filed by prisoners about their medical or mental health treatment and shall publish monthly on the department's publicly accessible website the data tracked pursuant to this subsection in a manner that does not violate the confidentiality requirements of section 1216 or any other provision of state or federal law. [PL 2023, c. 659, §1 (AMD).]

6. County jail, holding facility and short-term detention area standards. [PL 1983, c. 581, §§11,59 (RP).]

7. Abuse allegations in correctional and detention facilities. The commissioner is responsible for ensuring appropriate intervention and remediation in cases of substantiated abuse and neglect in correctional and detention facilities. The commissioner shall ensure, through inspection at least every 2 years, that all correctional and detention facilities meet applicable federal and state standards relating to the health and safety of clients of these facilities. [PL 1991, c. 314, §20 (AMD).]

8. Allegations of child abuse or neglect in correctional and detention facilities. The commissioner is responsible for the investigation of all reports of suspected child abuse or neglect in correctional and detention facilities. A. These investigations must be conducted with the Department of Health and Human Services, as appropriate, and, in cases where there are allegations or indications of criminal conduct, with the Department of the Attorney General, as appropriate. [PL 1991, c. 314, §20 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] B. The commissioner shall negotiate joint working agreements with the Department of Health and Human Services and the Department of the Attorney General concerning procedures and respective responsibilities for conducting investigations of allegations of child abuse or neglect in correctional and detention facilities. [PL 1991, c. 314, §20 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] [PL 1991, c. 314, §20 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

9. Statement of correctional system impact. The commissioner shall prepare statements pertaining to the impact that proposed legislation has upon correctional system resources, including the cost that the correctional system would bear. The commissioner shall make inquiry of a statewide association of prosecuting attorneys, the judicial branch, a statewide association of county sheriffs and any other parties, as appropriate, in order to provide the most accurate estimates of the correctional system impact, including the number of additional probationers, the number of additional incarcerated individuals and the number of additional jail and prison beds that may reasonably be anticipated from enactment of the legislation, by fiscal year. Whenever practicable, the statements must also include the impact of such legislation in future biennia as well. For purposes of this subsection, the correctional system includes correctional facilities and services operated or funded by the State or by any county government. The statements must be furnished to the appropriate committee of the Legislature for the information of its members and to the legislative staff office designated to collect and assemble fiscal information for use of legislative committees under Title 3, section 163‑A, subsection 10 . The statements must be considered in the preparation of the fiscal note included in a committee amendment or other amendment if the legislation or amendment has a fiscal impact on the correctional system. A statement is not required for any legislation that has no impact upon the correctional system. [PL 2007, c. 240, Pt. YYY, §2 (AMD).]

10. Rehabilitation programs. Within the limits of available resources, the commissioner shall establish and maintain programs, inside and outside of correctional facilities, that provide rehabilitation services and opportunities for clients. [PL 1991, c. 355, §3 (NEW).]

10-A. Culturally informed treatment and recovery programs. The commissioner shall ensure that any residential or nonresidential treatment or recovery programs established by the commissioner and serving a juvenile who has been adjudicated of a juvenile crime and who has not attained 21 years of age provide for that juvenile culturally informed treatment plans and modalities and culturally informed community reintegration services and provide language services for that juvenile and the juvenile's family and support system. [PL 2021, c. 339, §1 (NEW).]

10-B. Culturally informed prevention, diversion and restorative justice programs. The commissioner shall ensure that any prevention, diversion or restorative justice programs established by the commissioner and serving a juvenile who has been adjudicated of a juvenile crime and who has not attained 21 years of age provide for that juvenile culturally informed services, including, but not limited to, referrals to community based services and supports, housing, case management, education and employment resources, and provide language services for that juvenile and the juvenile's family and support system, as necessary. [PL 2021, c. 339, §2 (NEW).]

11. Report requirement. The commissioner shall report annually, no later than January 4th of each year, to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs regarding recidivism information including, but not limited to: A. The number of juvenile offenders in the correctional facilities and their reoffending rates; [PL 2003, c. 20, Pt. N, §1 (NEW).] B. The number of incarcerated adults who were adjudicated as having committed a juvenile offense; and [PL 2003, c. 20, Pt. N, §1 (NEW).] C. The recidivism rates of juvenile offenders as adults. [PL 2003, c. 20, Pt. N, §1 (NEW).] [PL 2003, c. 20, Pt. N, §1 (NEW).]

12. County and regional jails. The commissioner shall receive, administer and distribute to the county and regional jails funding provided through the General Fund, Other Special Revenue Funds and any federal and grant funds in accordance with section 1210‑E and Title 30‑A, section 1659‑A . The department shall make distributions as required by section 1210‑E, subsection 5 to each jail on a quarterly basis and as may be adjusted pursuant to section 1208‑B, subsection 1, paragraph B . [PL 2021, c. 732, Pt. D, §4 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).]

13. Report on jails. Beginning October 1, 2023 and annually thereafter, the department, in collaboration with a statewide association of sheriffs and a statewide association of county commissioners, shall submit a report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters on the mandatory standards, policies and procedures for jails adopted pursuant to section 1208‑B and the status of funding for the jails from the County Jail Operations Fund established in section 1210‑E, subsection 2 , county taxes and other sources. The department and representatives of the associations shall conduct a review of the funding provided to county and regional jails pursuant to subsection 12 and section 1210‑E, subsection 5 and the distribution formula established pursuant to section 1210‑E, subsection 9 . If the department and the associations find that changes are needed to the distribution method or procedures or the level of General Fund support, the department shall report that finding to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters and shall recommend changes in the formula determined pursuant to section 1210‑E, subsection 9 and the level of General Fund support. After reviewing the report, the joint standing committee is authorized to submit legislation to address issues raised by the report and to improve the funding and operation of the jails. [PL 2021, c. 732, Pt. D, §5 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).]

14. Standards regarding attorney-client communications. The commissioner shall establish mandatory standards: A. By January 1, 2024, for the protection of confidential attorney-client communications by each correctional facility. The standards must include, at a minimum: (1) Processes to protect and ensure confidentiality of attorney-client communications, including but not limited to requirements that each correctional facility develop and maintain a registry of the names, telephone numbers and other contact information for attorneys who provide legal services to persons who are residents of the correctional facility and that the attorneys' names, telephone numbers and other contact information on the registry are confidential, except that each correctional facility must proactively and by request of the attorney or the attorney's client confirm the registration of an attorney's name, telephone number and other contact information; and (2) Processes to be followed in the event that there is a breach of attorney-client confidentiality; and [PL 2023, c. 394, Pt. A, §14 (NEW).] B. By January 1, 2024, requiring each correctional facility to designate space within the correctional facility for attorney-client meetings and the exchange of case materials and to make that space available to residents of the correctional facility and their attorneys on a timely basis. [PL 2023, c. 394, Pt. A, §14 (NEW).] [PL 2023, c. 394, Pt. A, §14 (NEW).]

15. Report on segregated prisoners. On or before January 15, 2026 and annually thereafter, the commissioner shall submit a report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters that includes the following information for each correctional facility about prisoners who have been segregated and not allowed to leave their cells for a minimum of 22 hours out of a 24-hour period during the prior calendar year: A. The total number of prisoners who were segregated; [PL 2025, c. 259, §3 (NEW).] B. For each instance of segregation, the total amount of time a prisoner was segregated; and [PL 2025, c. 259, §3 (NEW).] C. The reason why the prisoner was segregated. [PL 2025, c. 259, §3 (NEW).] After reviewing the report, the joint standing committee of the Legislature having jurisdiction over criminal justice matters is authorized to submit legislation to address issues raised by the report. [PL 2025, c. 259, §3 (NEW).] Revisor's Note: (Subsection 15 as enacted by PL 2025, c. 485, §1 is REALLOCATED TO TITLE 34-A, SECTION 1402, SUBSECTION 16)

16. (REALLOCATED FROM T. 30-A, §1402, sub-§15) Reentry services. Within the limits of available resources, the commissioner shall establish and maintain a reentry services program for residents of correctional facilities that makes available, as appropriate, reentry services in the following areas: A. Health and wellness, including, but not limited to, accessing available MaineCare and veterans' benefits and connecting with community providers and other resources for treating and managing substance use disorder and maintaining physical and mental health; [PL 2025, c. 485, §1 (NEW); RR 2025, c. 1, Pt. A, §46 (RAL).] B. Financial literacy and planning, including, but not limited to, information about opening a bank account, managing a budget and building and maintaining credit; [PL 2025, c. 485, §1 (NEW); RR 2025, c. 1, Pt. A, §46 (RAL).] C. Employment preparation, including, but not limited to, writing a resume, searching for employment, information about obtaining a driver's license, information about obtaining work-related certification or licensure and locating and securing housing; [PL 2025, c. 485, §1 (NEW); RR 2025, c. 1, Pt. A, §46 (RAL).] D. Community and family integration, including, but not limited to, voter registration information, information about services offered through the statewide 2-1-1 telephone number designated pursuant to Title 35‑A, section 7108 and connecting with community support programs, including programs offering education on conflict resolution, establishing and maintaining relationships and rejection management techniques; and [PL 2025, c. 485, §1 (NEW); RR 2025, c. 1, Pt. A, §46 (RAL).] E. Technology training, including, but not limited to, information about computer literacy programs and avoiding Internet scams. [PL 2025, c. 485, §1 (NEW); RR 2025, c. 1, Pt. A, §46 (RAL).] [PL 2025, c. 485, §1 (NEW); RR 2025, c. 1, Pt. A, §46 (RAL).]
34-A M.R.S. § 7010 — ME Code / Title 34-A / Chapter 7 / Section 7010
34-A §7010. Reports regarding juvenile justice system
Status: in_force

1. Annual report regarding reducing detention rates and expanding community-based alternatives. By February 15th of each year, the department shall provide an annual report in person to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The report must include detailed information regarding: A. The efforts of the department and the Department of Health and Human Services to offer diversion options for juveniles involved in the juvenile justice system and to reduce the rates of detention and commitment of youths across the State; [PL 2023, c. 425, §5 (NEW).] B. The successes and challenges of the department and the Department of Health and Human Services in expanding access to community-based therapeutic services or programs for the purpose of diverting juveniles involved in the juvenile justice system from detention and commitment; [PL 2023, c. 425, §5 (NEW).] C. A summary of the Long Creek Youth Development Center, including, but not limited to, the number of staff as of the December 1 preceding the report, staffing levels and the challenges at the facility; [PL 2023, c. 425, §5 (NEW).] D. The strategic plan developed by the department and the Department of Health and Human Services and the Department of Corrections in consultation with the task force established by the Juvenile Justice Advisory Group; [PL 2023, c. 425, §5 (NEW).] E. The specific juvenile-focused community-based programs and services receiving funding from the department, including the amount of funding received by the community-based organizations providing the programs and services; [PL 2023, c. 425, §5 (NEW).] F. The successes and challenges of the department in expanding juvenile-focused community-based programs and services; and [PL 2023, c. 425, §5 (NEW).] G. Any other information the department determines is relevant to the report. [PL 2023, c. 425, §5 (NEW).] [PL 2023, c. 425, §5 (NEW).]

2. Annual report regarding possible locations for secure, therapeutic residences for detained and committed youths. By January 1st of each year, the department shall provide an annual report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters on the status of the identification and development of 2 small, secure, therapeutic residences for youths for the purpose of providing detention and confinement for committed youths in a therapeutic setting. These 2 residences shall provide for a maximum occupancy of 20 youths. The report must include rationale for the consideration of each identified residence, as well as an estimate on the number of youths that will be served at the residence, an estimate of the cost for construction and operation of the residence and staffing options for providing services at the residence to youths living at the residence, including therapeutic programs and educational services. [PL 2023, c. 425, §5 (NEW).]
34-A M.R.S. § 3902 — ME Code / Title 34-A / Chapter 3 / Section 3902
34-A §3902. Purposes
Status: in_force

The purposes of the Downeast Correctional Facility include vocational and rehabilitative programs, including work release, and work, which may involve public restitution. [PL 2019, c. 343, Pt. LLLL, §1 (AMD).]
34-A M.R.S. § 3007 — ME Code / Title 34-A / Chapter 3 / Section 3007
34-A §3007. Posting of political material
Status: in_force

The chief administrative officer of each correctional or detention facility shall provide in at least one accessible area in each facility an appropriate space for the posting of written political material sent for that purpose to the chief administrative officer by candidates for state office or federal office in this State. [PL 1991, c. 314, §30 (AMD).]

1. One item limit. No more than one item of written political material may be posted in one place on behalf of any one candidate. [PL 1983, c. 459, §6 (NEW).]

2. Removal. Written political material shall be removed after the elections for which it is intended for use. [PL 1983, c. 459, §6 (NEW).]

3. Voting place. If there is a voting place within the facility, the posting place may not be located within 250 feet of the entrance to the voting place. [PL 1983, c. 459, §6 (NEW).]

4. Violation. The posting of written political material under this section is not a violation of Title 21‑A, section 32 or Title 21‑A, section 674 , subsection 1, paragraph C. [PL 1993, c. 473, §43 (AMD); PL 1993, c. 473, §46 (AFF).]
34-B M.R.S. § 1407 — ME Code / Title 34-B / Chapter 1 / Section 1407
34-B §1407. Appointment of physician
Status: in_force

In every state institution to which a person with mental illness or a person with an intellectual disability or autism may be committed, the commissioner shall appoint a physician experienced in the care and treatment of such persons and the necessary assistants to the physician. [PL 2011, c. 542, Pt. A, §71 (AMD).]
34-A M.R.S. § 3404 — ME Code / Title 34-A / Chapter 3 / Section 3404
34-A §3404. Pregnant women
Status: in_force

If any woman is, at the time of her commitment to the center, pregnant with a child which will be born after her commitment, the custody of the child, at the instance of the commissioner, shall be determined in accordance with Title 22, chapter 1071 . [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 11271 — ME Code / Title 34-A / Chapter 17 / Section 11271
34-A §11271. Short title
Status: in_force

This chapter may be known and cited as "the Sex Offender Registration and Notification Act of 2013." The purpose of this chapter is to protect the public from potentially dangerous registrants and offenders by enhancing access to information concerning those registrants and offenders. [PL 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 9207 — ME Code / Title 34-A / Chapter 9 / Section 9207
34-A §9207. Entry into force--Article VII
Status: in_force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any 2 states from among the states of New England. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3201-A — ME Code / Title 34-A / Chapter 3 / Section 3201-A
34-A §3201-A. Establishment
Status: in_force

The Maine State Prison in Knox County is established for the confinement and rehabilitation of persons lawfully in the custody of the department, as provided by law. [PL 1999, c. 583, §17 (NEW).]
34-B M.R.S. § 5003-A — ME Code / Title 34-B / Chapter 5 / Section 5003-A
34-B §5003-A. System of care for clients with intellectual disabilities or autism
Status: in_force

1. System of services and support. The Legislature declares that the system of services and support through which the State provides services to and programs for persons with intellectual disabilities or autism must be designed to protect the integrity of the legal and human rights of these persons and to meet their needs consistent with the principles guiding delivery of services as set forth in section 5610 . [PL 2021, c. 321, §1 (AMD).]

2. Responsibilities of the department. To facilitate the development of a system that meets the needs of persons with intellectual disabilities or autism, the commissioner shall: A. Provide a mechanism for the identification, evaluation, treatment and reassessment of and the provision of services to persons with intellectual disabilities or autism that is consistent with the principles guiding delivery of services, as set forth in section 5610 , through appropriate personal planning offered to persons served by the department in accordance with section 5470‑B ; [PL 2011, c. 542, Pt. A, §83 (AMD).] B. Identify the needs and desires of persons with intellectual disabilities or autism through appropriate personal planning and record any unmet needs of persons served or eligible for service by the department for development of budget requests to the Governor that are adequate to meet such needs; [PL 2011, c. 542, Pt. A, §83 (AMD).] C. Provide programs, insofar as resources permit, for appropriate services and supports to persons with intellectual disabilities or autism regardless of age, severity of need or ability to pay; [PL 2011, c. 542, Pt. A, §83 (AMD).] D. Support the establishment of community services for persons eligible to receive services from the department by promoting access to professional services in the person’s community. Such support may be provided directly or through contracts with qualified providers. For persons who have professional service needs identified through personal planning, the department shall monitor the provision of those services; [PL 2007, c. 356, §16 (NEW); PL 2007, c. 356, §31 (AFF).] E. Eliminate the department's own duplicative and unnecessary administrative procedures and practices in the system of services and support for persons with intellectual disabilities or autism, encourage other departments to do the same and clearly define areas of responsibility in order to use present resources economically; [PL 2021, c. 321, §2 (AMD).] F. Strive toward having a sufficient number of personnel who are qualified and experienced to provide treatment that is beneficial to persons with intellectual disabilities or autism; [PL 2021, c. 321, §3 (AMD).] G. Encourage other departments to provide to persons with intellectual disabilities or autism those services that are required by law, and in particular: (1) The commissioner shall work actively with the Commissioner of Education to ensure that persons with intellectual disabilities or autism receive appropriate services upon being diagnosed with either disability regardless of the degree of functional limitation or accompanying disabilities; (2) The commissioner shall advise other departments about standards and policies pertaining to administration, staff, quality of care, quality of treatment, health and safety of clients, rights of clients, community relations and licensing procedures and other areas that affect persons with intellectual disabilities or autism residing in facilities licensed by the department; and (3) The commissioner shall inform the joint standing committee of the Legislature having jurisdiction over human resources matters about areas where increased cooperation by other departments is necessary in order to improve the delivery of services to persons with intellectual disabilities or autism; and [PL 2021, c. 321, §4 (AMD).] H. Post quarterly reports on the department’s publicly accessible website, for each home and community-based services waiver from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services in which the State participates, data on how many persons were served and how many were on the waiting list for services. The department shall post this information by prioritization category when applicable and shall include one or more indicators of the length of time that persons are on the waiting list. [PL 2021, c. 321, §5 (NEW).] [PL 2021, c. 321, §§2-5 (AMD).]

3. Plan. The commissioner shall prepare a plan pursuant to this subsection. A. The plan must indicate the most effective and efficient manner in which to implement services and programs for persons with intellectual disabilities or autism while safeguarding and respecting the legal and human rights of these persons. [PL 2011, c. 542, Pt. A, §83 (AMD).] B. The plan must be prepared once every 2 years and must be submitted to the joint standing committee of the Legislature having jurisdiction over health and human services matters by no later than January 15th of every odd-numbered year. [PL 2007, c. 356, §16 (NEW); PL 2007, c. 356, §31 (AFF).] C. The joint standing committee of the Legislature having jurisdiction over health and human services matters shall study the plan and make recommendations to the Legislature with respect to funding improvements in programs and services to persons with intellectual disabilities or autism. [PL 2011, c. 542, Pt. A, §83 (AMD).] D. The plan must describe the system of intellectual disability and autism services in each of the adult developmental service regions and statewide. [PL 2011, c. 542, Pt. A, §83 (AMD).] E. The plan must include both existing service resources and deficiencies in the system of services. [PL 2007, c. 356, §16 (NEW); PL 2007, c. 356, §31 (AFF).] F. The plan must include an assessment of the roles and responsibilities of intellectual disability and autism agencies, human service agencies, health agencies and involved state departments and suggest ways in which these departments and agencies can better cooperate to improve the service systems. [PL 2011, c. 542, Pt. A, §83 (AMD).] G. The plan must be made public within the State in such a manner as to facilitate public involvement. [PL 2007, c. 356, §16 (NEW); PL 2007, c. 356, §31 (AFF).] H. The commissioner shall ensure that the development of the plan includes the participation of persons with intellectual disabilities, autism, brain injury and other related conditions; community intellectual disability and autism service providers; consumer and family groups; and other interested persons or groups in annual statewide hearings, as well as informal meetings and work sessions. The commissioner shall ensure the participation of persons reflecting a diversity of ethnicity, race and gender. [PL 2021, c. 321, §6 (AMD).] I. The commissioner must consider community service needs, relate these identified needs to biennial budget requests and incorporate necessary service initiatives into a comprehensive planning document. [PL 2007, c. 356, §16 (NEW); PL 2007, c. 356, §31 (AFF).] [PL 2021, c. 321, §6 (AMD).]

4. General Fund account; Medicaid match; intellectual disability; autism. The commissioner shall establish a General Fund account to provide the General Fund match for intellectual disability or autism Medicaid eligible services. Any unencumbered balances of General Fund appropriations remaining at the end of each fiscal year must be carried forward to be used for the same purposes. [PL 2011, c. 542, Pt. A, §83 (AMD).]

5. Medicaid savings. Intermediate care facilities for persons with intellectual disabilities or autism and providers of freestanding day habilitation programs shall submit payment to the department equal to 50% of any Medicaid savings due the State pursuant to the principles of reimbursement, as established under Title 22, sections 3186 and 3187 , that are reported in any unaudited cost report for fiscal years ending June 30, 1995 and thereafter. Payment is due with the cost report. After audit, any amount submitted in excess of savings allocated to the facility or provider pursuant to the principles of reimbursement must be returned to the facility or provider. Notwithstanding requirements or conditions contained in the principles of reimbursement, any amount due the State after final audit in excess of savings paid on submission of a cost report must be paid to the State within 90 days following receipt of the department's final audit report. [PL 2011, c. 542, Pt. A, §83 (AMD).]

6. Required reporting by the department. The department shall make available, on at least an annual basis, a report or reports regarding the services and support provided by the department to persons with intellectual disabilities or autism. A. The goal of the reporting under this subsection is to provide the public with information on outcome measures established by the department. These measures may include, but are not limited to, whether: (1) Persons served by the department are healthy and safe; (2) Needs of persons are being met; (3) People are included in their communities; and (4) The system of services and support under this section is efficient and effective. [PL 2021, c. 321, §7 (AMD).] B. At a minimum, the department's report or reports under this subsection must offer information on the following: (1) Unmet needs; (2) Reportable events; (3) Adult protective services; (4) Crisis services; (5) Persons' and families' satisfaction with services; (6) Case management ratios; (7) Evaluations of costs of services; (8) Grievances; (9) Quality assurance and quality improvement efforts; and (10) New initiatives. [PL 2007, c. 356, §16 (NEW); PL 2007, c. 356, §31 (AFF).] C. A report under this subsection must be provided to the joint standing committee of the Legislature having jurisdiction over health and human services matters. The commissioner or the commissioner's designee shall appear in person before the committee and shall present the report. The report must be posted on the department’s publicly accessible website and must be made easily available to persons served by the department, families, guardians, advocates, Legislators and the provider community. [PL 2007, c. 356, §16 (NEW); PL 2007, c. 356, §31 (AFF).] [PL 2021, c. 321, §7 (AMD).]

7. Committee authorized to introduce legislation. The joint standing committee of the Legislature having jurisdiction over health and human services matters is authorized to introduce a bill in each first regular session of the Legislature and a bill in each second regular session of the Legislature to address the system of services and support for persons with intellectual disabilities or autism. [PL 2021, c. 321, §8 (NEW).]
34-A M.R.S. § 1205-A — ME Code / Title 34-A / Chapter 1 / Section 1205-A
34-A §1205-A. Correctional Medical Services Fund
Status: in_force

This section establishes the Correctional Medical Services Fund to provide the means for the development, expansion, improvement and support of correctional medical services. [PL 2001, c. 386, §10 (NEW).]

1. Commissioner's powers. The commissioner may receive and use, for the purpose of this section, money appropriated by the State, grants from the United States and funds from other sources. [PL 2001, c. 386, §10 (NEW).]

2. Correctional Medical Services Fund. All funds appropriated for the purpose of this section and all grants and other funds received by the department for the purpose of this section must be credited to a special account in the department to be known as the Correctional Medical Services Fund. State funds appropriated to this special account that are unexpended at the end of the fiscal year for which the funds are appropriated do not lapse, but must carry forward into subsequent fiscal years to be expended for the purpose of this section. [PL 2001, c. 386, §10 (NEW).]
34-B M.R.S. § 5461 — ME Code / Title 34-B / Chapter 5 / Section 5461
34-B §5461. Definitions
Status: in_force

As used in this Article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 459, §7 (NEW).]

1. Advocate. "Advocate" means a person: A. Who is familiar with the procedures involved in providing services to persons with intellectual disabilities or autism; and [PL 2011, c. 542, Pt. A, §104 (AMD).] B. Who is capable of advocating solely on behalf of a person with an intellectual disability or autism. [PL 2011, c. 542, Pt. A, §104 (AMD).] [PL 2011, c. 542, Pt. A, §104 (AMD).]

2. Client. "Client" means a person asking the department for adult developmental services or the person for whom those services are asked. [PL 2011, c. 542, Pt. A, §104 (AMD).]

3. Community. "Community" means the municipality or other area in which the client resides when applying for services. [PL 1983, c. 459, §7 (NEW).]

4. Comprehensive evaluation. "Comprehensive evaluation" means a comprehensive set of evaluations that: A. Results in the distinguishing of intellectual disabilities and autism from other conditions; [PL 2011, c. 542, Pt. A, §104 (AMD).] B. Determines the severity of disability resulting from an intellectual disability or autism and other conditions; and [PL 2011, c. 542, Pt. A, §104 (AMD).] C. Estimates the degree to which the intellectual disability or autism and other conditions can be ameliorated. [PL 2011, c. 542, Pt. A, §104 (AMD).] [PL 2011, c. 542, Pt. A, §104 (AMD).]

5. Facility. [PL 2013, c. 21, §3 (RP).]

6. Habilitation. "Habilitation" means a process by which a person is assisted to acquire and maintain skills that: A. Enable that person to cope more effectively with the demands of that person's own person and of the environment; [RR 2019, c. 2, Pt. B, §99 (COR).] B. Raise the level of that person's physical, mental and social efficiency; and [RR 2019, c. 2, Pt. B, §99 (COR).] C. Upgrade that person's sense of well-being. [RR 2019, c. 2, Pt. B, §99 (COR).] [RR 2019, c. 2, Pt. B, §99 (COR).]

7. Interdisciplinary team. [PL 2003, c. 389, §2 (RP).]

7-A. Likelihood of serious harm. [PL 2013, c. 21, §4 (RP).]

8. Person in need of institutional services. [PL 2013, c. 21, §5 (RP).]

8-B. Personal planning process. "Personal planning process" means a process of planning with a client for the coordination and delivery of supportive and other services through the development of a personal plan or service plan. The type of plan, participants and agenda at the planning meeting must be selected by the client or guardian. [PL 2003, c. 389, §3 (NEW).]

8-C. Planning team. "Planning team" means those persons, including at a minimum the client, the client's guardian and the client's individual support coordinator and others selected by the client or guardian to participate, who develop a personal plan or service plan. The planning team may include family, friends, service providers, correspondents, advocates and others. [PL 2003, c. 389, §3 (NEW).]

9. Prescriptive program plan. [PL 2003, c. 389, §4 (RP).]

10. Professional. "Professional" means: A. A person possessing appropriate licensure, certification or registration to practice that person's discipline in the community; or [RR 2019, c. 2, Pt. B, §100 (COR).] B. Where licensure, certification or registration is not required, a person possessing a master's degree in the appropriate discipline or a person possessing a bachelor's degree in the appropriate discipline and 3 years' experience in treating persons with intellectual disabilities or autism or 3 years' experience in a related human services field. [PL 2011, c. 542, Pt. A, §107 (AMD).] [RR 2019, c. 2, Pt. B, §100 (COR).]

10-A. Service plan. "Service plan" means one type of plan resulting from the personal planning process for the delivery and coordination of specific services to a client when: A. The client or guardian has chosen this type of plan over a personal plan; or [PL 2003, c. 389, §5 (AMD).] B. [PL 2003, c. 389, §5 (AMD).] C. [PL 2003, c. 389, §5 (AMD).] D. The client has either a single service need or routine service needs. [PL 2003, c. 389, §5 (AMD).] [PL 2003, c. 389, §5 (AMD).]

11. Service agreement. "Service agreement" means a written form in which the persons designated in section 5471 agree to the type of services and programs for and the manner of providing services to the client. [PL 1983, c. 459, §7 (NEW).]

12. Voluntary admission. [PL 1983, c. 580, §14 (RP).]