34-B M.R.S. § 17001 — ME Code / Title 34-B / Chapter 17 / Section 17001
34-B §17001. Maine Developmental Disabilities Council
Status: in_force

1. Establishment. The Maine Developmental Disabilities Council, referred to in this section as "the council," is established as authorized by Title 5, section 12004‑I, subsection 66 and in accordance with the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402. [PL 2003, c. 417, §3 (NEW); PL 2003, c. 417, §4 (AFF).]

2. Status. The council is a public instrumentality of the State, and the exercise of the power conferred by this section is the performance of essential governmental functions. The council may not be considered a state agency for any purposes, including, but not limited to, budgeting, accounts and control, auditing and purchasing. [PL 2003, c. 417, §3 (NEW); PL 2003, c. 417, §4 (AFF).]

3. Appointments. The Governor shall appoint appropriate representatives to the council, as required under the Developmental Disabilities Assistance and Bill of Rights Act of 2000, upon consideration of recommendations made by current members of the council. [PL 2003, c. 417, §3 (NEW); PL 2003, c. 417, §4 (AFF).]

4. Duties. The council shall perform its duties in compliance with the requirements of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. [PL 2003, c. 417, §3 (NEW); PL 2003, c. 417, §4 (AFF).]

5. Designated state agency. Notwithstanding subsection 2 , the Department of Administrative and Financial Services is the designated state agency for the purposes of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402. As the designated state agency, the department shall meet all requirements specified in 42 United States Code, Section 15025 but may assume no liabilities other than those set forth in 42 United States Code, Section 15025 in connection with the receipt of federal funds for the purpose of disbursement to the council. [PL 2005, c. 519, Pt. BB, §1 (AMD).]

6. Council personnel and members. As of the effective date of this section: A. All employees assigned to the council who state that they wish to continue as employees of the council must be transferred from state employment to employment of the council in its capacity as an independent advisory agency; [PL 2003, c. 417, §3 (NEW); PL 2003, c. 417, §4 (AFF).] B. Accrued fringe benefits from state employment of transferred personnel, including, but not limited to, vacation and sick leave, health and life insurance and retirement credits, remain available to the transferred personnel; [PL 2003, c. 417, §3 (NEW); PL 2003, c. 417, §4 (AFF).] C. Members and employees of the council are not considered state employees for the purpose of the state civil service provisions of Title 5, Part 2 and chapter 372 or for any other purpose except as follows. (1) Employees of the council, including employees hired after the effective date of this section, are deemed state employees for the purposes of the state retirement provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter 2 . (2) For purposes of the Maine Tort Claims Act, the council is deemed a governmental entity and its employees and members are deemed employees as those terms are defined in Title 14, section 8102 ; and [PL 2003, c. 417, §3 (NEW); PL 2003, c. 417, §4 (AFF).] D. An employee of the council may return to state employment at any time up to 2 years from the effective date of this section. Employees expressing such a preference must be placed on the appropriate registers maintained by the Department of Administrative and Financial Services, Bureau of Human Resources and must be treated as though on recall in accordance with current collective bargaining provisions. [PL 2003, c. 417, §3 (NEW); PL 2003, c. 417, §4 (AFF).] [PL 2003, c. 417, §3 (NEW); PL 2003, c. 417, §4 (AFF).]

7. Council report. The council, pursuant to its duties under subsection 4 , shall provide information from the comprehensive review and analysis of services, supports and other assistance for persons with disabilities required by 42 United States Code, Chapter 144, Section 15024 (c) (3) to the Legislature by January 31st of each year. [PL 2007, c. 152, §2 (NEW).]
34-B M.R.S. § 1225 — ME Code / Title 34-B / Chapter 1 / Section 1225
34-B §1225. Criminal background checks (REALLOCATED FROM TITLE 34-B, SECTION 1224)
Status: in_force

(REALLOCATED FROM TITLE 34-B, SECTION 1224)

Beginning October 1, 2010, a facility or health care provider subject to the licensing provisions of section 1203‑A , prior to hiring an individual who will work in direct contact with a consumer or who has direct access to a consumer's property, personally identifiable information, financial information or resources, shall obtain a comprehensive background check in accordance with applicable federal and state laws. The comprehensive background check must include, at a minimum, criminal history record information from the Department of Public Safety, State Bureau of Identification. A facility or provider licensed under section 1203‑A is subject to the employment restrictions set out in Title 22, section 1812‑G and other applicable federal and state laws when employing direct access personnel, as defined in Title 22, section 1717, subsection 1, paragraph A‑2 . The facility or health care provider shall pay for the criminal background check required by this section. [PL 2015, c. 494, Pt. A, §38 (RPR).]

The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2009, c. 2, §94 (RAL).]
34-A M.R.S. § 11281 — ME Code / Title 34-A / Chapter 17 / Section 11281
34-A §11281. Maintenance of sex offender registry
Status: in_force

1. Maintenance of registry. The bureau shall establish and maintain a registry of persons required to register pursuant to this subchapter, referred to in this section as "the registry." After initial registration, the registry must include the following information on each registrant: A. The registrant's name, aliases, date of birth, sex, race, height, weight, eye color, land line and cellular telephone numbers, Internet identifiers, mailing address and physical location of expected domicile and residence. For purposes of this paragraph, "Internet identifiers" means e-mail addresses and other designations used for self-identification or routing in Internet communication or posting; [PL 2011, c. 663, §3 (NEW).] B. Place of employment and college or school being attended, if applicable, and the corresponding mailing address and physical location; [PL 2011, c. 663, §3 (NEW).] C. Offense history; [PL 2011, c. 663, §3 (NEW).] D. A current photograph and set of fingerprints; [PL 2011, c. 663, §3 (NEW).] E. A description of the offense for which the registrant was convicted, the date of conviction and the sentence imposed; [PL 2011, c. 663, §3 (NEW).] F. Whether the registrant is a Tier I registrant, Tier II registrant or Tier III registrant; [PL 2011, c. 663, §3 (NEW).] G. A copy of any driver's license information and copy of the driver's license; [PL 2011, c. 663, §3 (NEW).] H. A copy of any professional license; [PL 2011, c. 663, §3 (NEW).] I. Passport and immigration documents and social security number; [PL 2011, c. 663, §3 (NEW).] J. Temporary lodging and dates of travel; [PL 2011, c. 663, §3 (NEW).] K. Information about motor vehicles owned, leased or used and registration and location of those motor vehicles. For purposes of this paragraph, "lease" means a transfer of the right to possession and use of a motor vehicle for a term of 30 days or more in return for consideration; and [PL 2011, c. 663, §3 (NEW).] L. Any other information the bureau determines important. [PL 2011, c. 663, §3 (NEW).] [PL 2015, c. 280, §13 (AMD).]

2. National or regional registry. The bureau is authorized to make the registry available to and accept files from a national or regional registry of registrants for the purpose of sharing information. [PL 2011, c. 663, §3 (NEW).]

3. Registration form. The bureau shall develop a standardized registration form to be made available to the appropriate reporting authorities and persons required to register. [PL 2011, c. 663, §3 (NEW).]

4. Verification form. The bureau shall develop and mail a nonforwardable verification form to the last reported mailing address of each person required to meet the verification requirements of this chapter. [PL 2011, c. 663, §3 (NEW).]

5. Distribution of information to department and law enforcement agencies. The bureau shall distribute information described in subsection 1 to the department and law enforcement agencies having jurisdiction over the mailing address and physical location of the registrant's domicile, residence, place of employment and college or school being attended, if applicable. [PL 2011, c. 663, §3 (NEW).]

6. Criminal justice agency access to information. The bureau shall provide access to the information described in subsection 1 to criminal justice agencies. For purposes of this subsection, "criminal justice agency" has the same meaning as in Title 16, section 703, subsection 4 . [PL 2013, c. 267, Pt. B, §30 (AMD).]

7. Public access to registrant information. After initial registration, the bureau shall provide information to the public as follows. A. The bureau shall post on the Internet for public inspection the following information concerning a registrant who is a Tier I registrant, Tier II registrant or Tier III registrant: (1) The registrant's name, aliases and date of birth and a current photograph; (2) The registrant's city or town of domicile and residence; (3) The registrant's place of employment and college or school being attended, if applicable, and the corresponding mailing address and physical location; (4) The statutory citation and name of the offense for which the registrant was convicted; (5) Whether the registrant is a Tier I registrant, a Tier II registrant or a Tier III registrant; (6) Verification requirements and date of last verification; and (7) The registrant's address and its location on a map. [PL 2011, c. 663, §3 (NEW).] B. The bureau shall establish an e-mail notification system to alert a member of the public who has subscribed annually to the e-mail notification system when a registrant moves into the subscriber's geographic area. [PL 2011, c. 663, §3 (NEW).] C. Upon receiving a written request that includes the name and date of birth of a registrant, the bureau shall provide the following information concerning a registrant to the requestor: (1) The registrant's name, aliases, date of birth, sex, race, height, weight, eye color, mailing address and physical location of domicile and residence; (2) The registrant's place of employment and college or school being attended, if applicable, and the corresponding mailing address and physical location; (3) A description of the offense for which the registrant was convicted, the date of conviction and the sentence imposed; and (4) The registrant's photograph. [PL 2011, c. 663, §3 (NEW).] [PL 2015, c. 280, §14 (AMD).]

8. Registrant access to information. The bureau shall provide all information described in subsection 1 to a registrant who requests that person's own information. [PL 2011, c. 663, §3 (NEW).]

9. Registry information. Registry information created, collected or maintained by the bureau, including, but not limited to, information relating to the identity of persons accessing the registry, is confidential except information provided to the public pursuant to subsection 7 . [PL 2011, c. 663, §3 (NEW).]

10. Maintenance by bureau. Only the bureau is authorized to maintain a sex offender registry on the Internet for purposes of public access. [PL 2011, c. 663, §3 (NEW).]

11. Law enforcement agency website. Notwithstanding subsection 10 , a law enforcement agency may maintain its own sex offender website and may make that information available for use by the public if: A. A notice is prominently posted on the website that expressly states that the website is not the official state sex offender registry under subsection 7, paragraph A and that the law enforcement agency posting the website is solely responsible for the website's content; [PL 2011, c. 663, §3 (NEW).] B. The website provides a link to the bureau's Internet sex offender registry under subsection 7, paragraph A ; [PL 2011, c. 663, §3 (NEW).] C. The website contains information regarding only registrants who are domiciled, reside, attend college or school or work within the posting law enforcement agency's jurisdiction; and [PL 2011, c. 663, §3 (NEW).] D. The information on the website is updated by the law enforcement agency as frequently as available resources permit, but no less often than every 7 days. The law enforcement agency shall also prominently post on the website the date and time of the most recent update to the website. [PL 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]

12. Access to registrant information existing in electronic form restricted. Notwithstanding Title 1, chapter 13 : A. The bureau may not disseminate in electronic form information about a registrant that is created, collected or maintained in electronic form by or for the bureau, except for the information provided pursuant to subsection 2 and made available to the public through the bureau's website pursuant to subsection 7, paragraph A and made available to the Background Check Center established pursuant to Title 22, chapter 1691 ; and [PL 2015, c. 299, §27 (AMD).] B. Except for information made available to the public through a website maintained by a law enforcement agency pursuant to subsection 11 , a law enforcement agency may not disseminate in electronic form information about a registrant that is collected or maintained in electronic form by or for that law enforcement agency. [PL 2011, c. 663, §3 (NEW).] [PL 2015, c. 299, §27 (AMD).]
34-B M.R.S. § 1901 — ME Code / Title 34-B / Chapter 1 / Section 1901
34-B §1901. Animal cruelty, abuse or neglect; reporting
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Animal" means every living, sentient creature not a human being. [PL 2007, c. 140, §9 (NEW).] B. "Cruelty, abuse or neglect" means every act, omission or instance of neglect when unnecessary or unjustifiable pain or suffering is caused or permitted. [PL 2007, c. 140, §9 (NEW).] C. "Owner" means a person, firm, partnership, association or corporation owning, keeping or harboring an animal. [PL 2007, c. 140, §9 (NEW).] D. "Reasonably suspect" means to hold an objectively reasonable suspicion based upon facts that would cause a reasonable person in a like position to draw on that person’s training or experience to suspect animal cruelty, abuse or neglect. [PL 2007, c. 140, §9 (NEW).] [PL 2007, c. 140, §9 (NEW).]

2. Report. An employee of a state-funded child or adult protective services agency or other social service agency, including those providing mental health services that are funded or licensed by the department, while acting in the employee’s professional capacity or within the scope of the employee’s employment, who has knowledge of or observes an animal that the employee knows or reasonably suspects has been the victim of cruelty, abuse or neglect may report the known or reasonably suspected animal cruelty, abuse or neglect to the local animal control officer or to the animal welfare program of the Department of Agriculture, Conservation and Forestry established pursuant to Title 7, section 3902 . [PL 2007, c. 140, §9 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

3. Duty. Nothing in this section may be construed to impose a duty to investigate known or reasonably suspected animal cruelty, abuse or neglect. [PL 2007, c. 140, §9 (NEW).]

4. Immunity from liability. A person participating in good faith in reporting under this subchapter is immune from any civil or criminal liability that might otherwise result from these actions, including, but not limited to, any civil or criminal liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith. [PL 2007, c. 140, §9 (NEW).]
34-A M.R.S. § 9874 — ME Code / Title 34-A / Chapter 9 / Section 9874
34-A §9874. State council--Article 4
Status: in_force

Each member state shall create a State Council for Interstate Adult Offender Supervision that is responsible for the appointment of the commissioner who serves on the interstate commission from that state. Each state council shall appoint as its commissioner the compact administrator from that state to serve on the interstate commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial and executive branches of government; victims groups; and the compact administrator. Each compacting state retains the right to determine the qualifications of the compact administrator who must be appointed by the state council or by the governor in consultation with the legislature and the judiciary. In addition to appointment of its commissioner to the interstate commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state. [PL 2003, c. 495, §1 (NEW).]
34-B M.R.S. § 5466 — ME Code / Title 34-B / Chapter 5 / Section 5466
34-B §5466. Advocate
Status: in_force

1. Entitlement. Each client who receives services under sections 5467 to 5471 is entitled to have access to an advocate. [PL 2013, c. 21, §9 (AMD).]

2. List. The commissioner shall develop a list of advocates for each region. [PL 1995, c. 560, Pt. K, §55 (AMD).]
34-A M.R.S. § 11401 — ME Code / Title 34-A / Chapter 19 / Section 11401
34-A §11401. Establishment
Status: in_force

The Sex Offender Management and Risk Assessment Advisory Commission, referred to in this chapter as "the commission," established by Title 5, section 12004‑I, subsection 4‑C , is created for the purpose of making recommendations pertaining to sex offender management and risk assessment. For purposes of this chapter, "sex offender" has the same meaning as "offender" in section 11273, subsection 10 . For purposes of this chapter, "registrant" has the same meaning as in section 11273, subsection 11 . [PL 2015, c. 86, §4 (NEW).]
34-A M.R.S. § 11304 — ME Code / Title 34-A / Chapter 17 / Section 11304
34-A §11304. Public notification
Status: in_force

1. Department. Upon the conditional release or discharge of a registrant from a state correctional institution, the department shall give notice of the information under section 11303, subsection 1 to members of the public the department determines appropriate to ensure public safety. [PL 2011, c. 663, §3 (NEW).]

2. Law enforcement agencies. Upon receipt of the information concerning the conditional release or discharge of a registrant pursuant to section 11303, subsection 2 , a law enforcement agency shall notify members of the public that the law enforcement agency determines appropriate to ensure public safety. [PL 2011, c. 663, §3 (NEW).]
34-B M.R.S. § 5463 — ME Code / Title 34-B / Chapter 5 / Section 5463
34-B §5463. Notice
Status: in_force

The commissioner shall provide the client, if the client is competent; the client's next of kin or guardian, if any exists; and the client's advocate with timely written notice in advance of procedures and actions to be taken with respect to the development, implementation and assessment of personal plans and service plans. [PL 2003, c. 389, §7 (AMD).]
34-A M.R.S. § 9222 — ME Code / Title 34-A / Chapter 9 / Section 9222
34-A §9222. Title
Status: in_force

This subchapter may be cited as the "New England Interstate Corrections Compact." [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9912 — ME Code / Title 34-A / Chapter 9 / Section 9912
34-A §9912. Severability and construction -- Article 12
Status: in_force

The provisions of this compact are severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact are enforceable. The provisions of this compact are liberally constructed to effectuate its purposes. [PL 2003, c. 500, §1 (NEW).]
34-A M.R.S. § 5001 — ME Code / Title 34-A / Chapter 5 / Section 5001
34-A §5001. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 459, §6 (NEW).]

1. Board. "Board" means the State Parole Board. [PL 1983, c. 459, §6 (NEW).]

2. Director. [PL 1995, c. 502, Pt. F, §30 (RP).]

3. Division. [PL 1995, c. 502, Pt. F, §30 (RP).]

4. Fine. "Fine" includes court costs whenever applicable. [PL 1983, c. 459, §6 (NEW).]

5. Juvenile. "Juvenile" means a person under the age of 18 years or a person who is alleged to have committed, while under the age of 18 years, any acts or offenses covered by Title 15, Par t 6, regardless of whether, at the time of the proceeding, the person is of the age of 18 years or over. [PL 1983, c. 459, §6 (NEW).]

6. Parole. "Parole" is a release procedure by which a person may be released from a correctional facility by the State Parole Board prior to the expiration of the person's maximum term, parole status being in effect under Title 17-A, section 2314, subsection 2 , with all provisions of prior laws governing parole continuing in effect. [PL 2019, c. 113, Pt. C, §102 (AMD).]

7. Probation. "Probation" means a procedure under which a person found guilty of an offense is released by the court, without being committed to a correctional facility, or with or without commitment to jail or fine, subject to conditions imposed by the court. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 1409 — ME Code / Title 34-B / Chapter 1 / Section 1409
34-B §1409. Payment for care and treatment of residents
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Care and treatment" includes all goods and services provided, or caused to be provided, to a resident by the State. [PL 1983, c. 459, §7 (NEW).] B. "Liable person" means a person liable for the care and treatment of a resident under subsection 3 . [PL 1983, c. 459, §7 (NEW).] B-1. "Resident," for purposes of this section and this section only, means any of the following: (1) A person who is an inpatient; or (2) A person who is an outpatient receiving services from any state institution, including outpatient clinic services. [PL 2011, c. 674, §1 (AMD).] C. [PL 2005, c. 683, Pt. B, §29 (RP).] D. [PL 2011, c. 674, §2 (RP).] [PL 2011, c. 674, §§1, 2 (AMD).]

2. Charges. Charges under this section are governed as follows. A. The commissioner shall establish by rule charges for the care and treatment of residents at any state institution. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A . [PL 2005, c. 256, §3 (AMD).] B. Charges made under this section are a debt of the resident, or any person legally liable for the resident's care and treatment under this section, and are recoverable in any court of competent jurisdiction in a civil action brought in the name of the State. [PL 1983, c. 459, §7 (NEW).] [PL 2005, c. 256, §3 (AMD).]

3. Liable persons. Each resident, the resident's spouse and the resident's parent are jointly and severally liable for the care and treatment of the resident, whether the resident was committed or otherwise legally admitted, from the date of the resident's admission to a state institution, except that: A. A parent is not liable for a child resident's care and treatment, unless the child resident was wholly or partially dependent for support upon the parent at the time of admission; and [PL 1983, c. 701, §6 (AMD).] B. [PL 1983, c. 701, §6 (RP).] C. The department may not charge any parent for the care and treatment of a child resident beyond the child's 18th birthday, or beyond 6 months from the date of the child's admission, whichever occurs later. [PL 1983, c. 459, §7 (NEW).] [RR 2019, c. 2, Pt. B, §90 (COR).]

4. Financial statement forms. Financial statement forms are governed as follows. A. The commissioner shall prescribe financial statement forms which shall be completed by: (1) The resident; (2) Any person liable for the resident's care and treatment under this section; or (3) Any fiduciary acting on behalf of the resident or person liable for the resident. [PL 1983, c. 459, §7 (NEW).] B. The form in each case shall be witnessed. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

5. Determination of ability to pay. After a resident is admitted into any state institution, the department shall: A. Investigate to determine what property, real and personal, the resident has, and, in determining ability to pay, the department shall consider all income, debts, expenses, obligations and the number and condition of dependents; and [PL 1983, c. 459, §7 (NEW).] B. Investigate to determine whether there exist any persons liable under subsection 3 for the payment of charges for the resident's care and treatment. (1) The department shall ascertain the financial condition of the persons, if any, and shall determine whether each person is financially able to pay the charges. (2) In determining the person's ability to pay, the department shall consider all income, debts, expenses, obligations and the number and condition of dependents. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

6. Obtaining information. The obtaining of information under this section is governed as follows. A. Every agency and department of the State shall render all reasonable assistance to the department in obtaining all information necessary for the proper implementation of the purposes of this section. [PL 1983, c. 459, §7 (NEW).] B. To carry out the purposes of this section, the commissioner may administer oaths, take testimony, subpoena and compel the attendance of witnesses, and subpoena and compel the production of books, papers, records and documents deemed material or pertinent in connection with the commissioner's duty of securing payments for care and treatment as provided in this section. (1) Any person failing to obey a subpoena may, upon petition of the commissioner to any Justice of the Superior Court, be ordered by the justice to appear and show cause for that person's disobedience of the subpoena. (2) The justice, after hearing, may order that the subpoena be obeyed or, if it is made to appear to the justice that the subpoena was for any reason inappropriately issued, may dismiss the petition. [RR 2019, c. 2, Pt. B, §91 (COR).] C. Upon request of the commissioner, banking organizations, insurance companies, brokers or fiduciaries shall furnish to the commissioner full information concerning the earnings of, income of, funds deposited to the credit of or funds owing to any resident, or any person liable under subsection 3 for the resident. (1) The information shall be provided in writing and shall be duly certified. (2) The certified statement is admissible in evidence in any action or proceeding to compel payment for the care and treatment of the resident. (3) The certified statement is prima facie evidence of the facts stated in the statement. [PL 1983, c. 459, §7 (NEW).] [RR 2019, c. 2, Pt. B, §91 (COR).]

7. Inability to pay. When it is determined that any resident or liable person is unable to pay all or part of the charges for care and treatment, the commissioner may cancel, suspend or reduce charges in accordance with the resident's or liable person's ability to pay. [PL 1983, c. 459, §7 (NEW).]

8. Postponement of billing. The commissioner may enter into an agreement with any resident or liable person to postpone billing for care and treatment for any period of time. [PL 1983, c. 459, §7 (NEW).]

9. Benefit payments. The chief administrative officer of any state institution may receive as payee any benefits from social security, veterans' administration, railroad retirement or any other like benefits paid on behalf of any resident. A. The chief administrative officer shall apply the benefits toward the care and treatment of the resident in accordance with charges made by the department. [PL 1983, c. 459, §7 (NEW).] B. Any surplus from the payments shall be held in a personal account at the hospital in the name of the resident and shall be available for the resident's personal needs. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

10. Claims against estates. The State has a claim against the estate of any resident, and the estate of any liable person, for any amount due to the State at the date of death of the resident or the liable person, including any claim arising under an agreement entered into under this section, enforceable in the Probate Court. A. The state's claim has priority over all unsecured claims against the estate, except: (1) Administrative expenses, including probate fees and taxes; (2) Expenses of the last sickness; and (3) Funeral expenses, not exceeding $400, exclusive of the honorarium of the clergy and cemetery expenses. [PL 1983, c. 459, §7 (NEW).] B. The Attorney General shall collect any claim which the State may have against the estate. [PL 1983, c. 459, §7 (NEW).] C. The State may not enforce a claim against any real estate while it is occupied as a home by the surviving spouse of the resident or liable person and while the surviving spouse remains unmarried. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

11. Reimbursement of providers. Notwithstanding any other law, if part of the care and treatment of a resident under this section is provided by a party other than the State, the commissioner shall pay to the other party, from the fee collected by the department for the care and treatment of the resident, the portion of those costs borne by the other party in the same ratio as the fee collected to the total charge made, except that: A. This subsection may not be construed as a limitation on compensation for providers of resident care and treatment; [PL 2011, c. 674, §3 (AMD).] B. This subsection may not be construed as a limitation on contractual arrangements between the providers and the State; and [PL 2011, c. 674, §4 (AMD).] C. For a resident receiving services, including medical care, goods, prescription drugs and other medications, outside a state institution, the commissioner may pay the provider of those services an amount no greater than the reimbursement rate applicable to that provider and that service under the Medicare fee schedule. [PL 2011, c. 674, §5 (NEW).] [PL 2011, c. 674, §§3-5 (AMD).]

12. Prohibited acts. A person is guilty of contempt if that person fails to obey a subpoena when ordered to do so by a Justice of the Superior Court under subsection 6 , upon application by the commissioner to the Superior Court for an order of contempt. [RR 2019, c. 2, Pt. B, §92 (COR).]

13. Special revenue account; Riverview Psychiatric Center. The commissioner shall establish a special revenue account for the Riverview Psychiatric Center and shall deposit into it payments or income received from residents of the Riverview Psychiatric Center, the Medicaid program or other 3rd-party payors. The commissioner shall use the funds on deposit for expenses of the Riverview Psychiatric Center. [PL 2011, c. 674, §6 (AMD).]

14. Special revenue account; Dorothea Dix Psychiatric Center. The commissioner shall establish a special revenue account for the Dorothea Dix Psychiatric Center and shall deposit into it payments or income received from residents of the Dorothea Dix Psychiatric Center, the Medicaid program or other 3rd-party payors. The commissioner shall use the funds on deposit for expenses of the Dorothea Dix Psychiatric Center. [PL 1991, c. 528, Pt. Q, §6 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. Q, §6 (NEW); PL 2005, c. 236, §3 (REV).]

15. General Fund accounts; disproportionate share hospital match. The commissioner shall establish General Fund accounts to provide the General Fund match for eligible disproportionate share hospital components in the Riverview Psychiatric Center and the Dorothea Dix Psychiatric Center. 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. Available unencumbered balances at the end of each fiscal year in the Personal Services line category of the accounts may be transferred to the All Other line category by financial order upon the recommendation of the State Budget Officer and approval of the Governor. [PL 2011, c. 1, Pt. S, §2 (AMD).]

16. Store established. The commissioner may establish a store within the Riverview Psychiatric Center for the retail sale of sundries and gift items. [PL 2003, c. 673, Pt. I, §1 (NEW).]

17. Riverview Psychiatric Center Store account. The commissioner may establish a nonlapsing Other Special Revenue Funds account for a store located in the Riverview Psychiatric Center pursuant to the authority under subsection 16 and shall deposit into it payments or income received from customers of the store. The commissioner shall use the funds on deposit for expenses of the store. [PL 2003, c. 673, Pt. I, §1 (NEW).]
34-B M.R.S. § 1207 — ME Code / Title 34-B / Chapter 1 / Section 1207
34-B §1207. Confidentiality of information
Status: in_force

1. Generally. All orders of commitment, medical and administrative records, applications and reports, and facts contained in them, pertaining to any client shall be kept confidential and may not be disclosed by any person, except that: A. A client, a client's legal guardian, if any, or, if the client is a minor, the client's parent or legal guardian may give informed written consent to the disclosure of information; [RR 2019, c. 2, Pt. B, §86 (COR).] B. Information may be disclosed if necessary to carry out the statutory functions of the department; the hospitalization provisions of chapter 3, subchapter 4 ; the purposes of section 3608 ; the purposes of Title 5, section 19506 ; the purposes of United States Public Law 99-319, dealing with the investigatory function of the independent agency designated with advocacy and investigatory functions under United States Public Law 88-164, Title I, Part C or United States Public Law 99-319; the investigation and hearing pursuant to Title 15, section 393, subsection 4‑A ; or the provision of mental health services by the Department of Corrections pursuant to Title 34‑A, section 3031 , 3069‑A or 3069‑B ; [PL 2017, c. 475, Pt. A, §57 (AMD).] B-1. [PL 2005, c. 397, Pt. A, §48 (RP).] B-2. [PL 2007, c. 466, Pt. A, §56 (RP).] B-3. [PL 2017, c. 475, Pt. A, §58 (RP).] C. Information may be disclosed if ordered by a court of record, subject to any limitation in the Maine Rules of Evidence, Rule 503; [PL 1983, c. 459, §7 (NEW).] C-1. Within 48 hours of a death reportable by the commissioner to the Chief Medical Examiner pursuant to Title 22, section 3025, subsection 1, paragraph E , the commissioner shall provide information on that death to the chairs of the joint standing committee of the Legislature having jurisdiction over health and human services matters. Within 30 days of the reportable death, the commissioner shall provide the members of the committee with a copy of the death report. Information and reports provided pursuant to this paragraph must maintain the confidentiality of the identity of all persons mentioned or referred to in the information and reports. [PL 1997, c. 605, §1 (NEW).] D. Nothing in this subsection precludes disclosure, upon proper inquiry, of information relating to the physical condition or mental status of a client to that client's spouse or next of kin; [RR 2019, c. 2, Pt. B, §87 (COR).] E. Nothing in this subsection precludes the disclosure of biographical or medical information concerning a client to commercial or governmental insurers, or to any other corporation, association or agency from which the department or a licensee of the department may receive reimbursement for the care and treatment, education, training or support of the client, if the recipient of the information uses it for no other purpose than to determine eligibility for reimbursement and, if eligibility exists, to make reimbursement; [PL 1989, c. 335, §2 (AMD).] F. Nothing in this subsection precludes the disclosure or use of any information, including recorded or transcribed diagnostic and therapeutic interviews, concerning any client in connection with any educational or training program established between a public hospital and any college, university, hospital, psychiatric or counseling clinic or school of nursing, as long as, in the disclosure or use of the information as part of a course of instruction or training program, the client's identity remains undisclosed; [PL 2011, c. 691, Pt. A, §39 (AMD).] G. [PL 2011, c. 691, Pt. A, §40 (RP).] H. The names and dates of death of individuals who died while patients at the Augusta Mental Health Institute, the Bangor Mental Health Institute, the Dorothea Dix Psychiatric Center, the Riverview Psychiatric Center or the Pineland Hospital and Training Center may be made available to the public in accordance with rules adopted by the department. The rules must require the department to notify the public regarding the release of the information and to maintain the confidentiality of information concerning any deceased individual whose surviving relatives notify the department that they object to public disclosure. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A ; and [PL 2015, c. 189, §1 (AMD).] I. Nothing in this subsection precludes the disclosure of any information, except psychotherapy notes as defined in 45 Code of Federal Regulations, Section 164.501(2010), concerning a client to a state-designated statewide health information exchange that provides and maintains an individual protection mechanism by which a client may choose to opt in to allow the state-designated statewide health information exchange to disclose that client's health care information covered under this section to a health care practitioner or health care facility for purposes of treatment, payment and health care operations, as those terms are defined in 45 Code of Federal Regulations, Section 164.501. A state-designated statewide health information exchange also must satisfy the requirement in Title 22, section 1711‑C, subsection 18, paragraph C of providing a general opt-out provision to a client at all times. A state-designated statewide health information exchange may disclose a client's health care information covered under this section even if the client has not chosen to opt in to allow the state-designated statewide health information exchange to disclose the individual's health care information when, in a health care provider's judgment, disclosure is necessary to: (1) Avert a serious threat to the health or safety of others, if the conditions, as applicable, described in 45 Code of Federal Regulations, Section 164.512(j)(2010) are met; or (2) Prevent or respond to imminent and serious harm to the client and disclosure is to a provider for diagnosis or treatment. [PL 2011, c. 347, §11 (NEW).] [RR 2019, c. 2, Pt. B, §§86, 87 (COR).]

2. Statistical compilations and research. Confidentiality of records used for statistical compilations or research is governed as follows. A. Persons engaged in statistical compilation or research may have access to treatment records of clients when needed for research, if: (1) The access is approved by the chief administrative officer of the mental health facility or the chief administrative officer's designee; (2) The research plan is first submitted to and approved by the chief administrative officer of the mental health facility, or the chief administrative officer's designee, where the person engaged in research or statistical compilation is to have access to communications and records; and (3) The records are not removed from the mental health facility that prepared them, except that data that do not identify clients or coded data may be removed from a mental health facility if the key to the code remains on the premises of the facility. [RR 2019, c. 2, Pt. B, §88 (COR).] B. The chief administrative officer of the mental health facility and the person doing the research shall preserve the anonymity of the client and may not disseminate data that refer to the client by name, number or combination of characteristics that together could lead to the client's identification. [RR 2019, c. 2, Pt. B, §88 (COR).] [RR 2019, c. 2, Pt. B, §88 (COR).]

3. Use by the commissioner. Confidentiality of information and records used by the commissioner for administration, planning or research is governed as follows. A. A facility or a provider that receives funds from the department to provide services for persons eligible for such services under this Title shall send information and records to the commissioner, if requested by the commissioner pursuant to the department's obligation to maintain the overall responsibility for the care and treatment of persons receiving mental health services funded in full or in part by the State. [PL 2011, c. 542, Pt. A, §61 (RPR).] B. The commissioner may collect and use the information and records for administration, planning or research, under the following conditions. (1) The use of the information is subject to subsection 1, paragraph C . (2) Data identifying particular clients by means other than case number or code shall be removed from all records and reports of information before issuance from the mental health facility which prepared the records and reports. (3) A code shall be the exclusive means of identifying clients and shall be available to the commissioner and only the commissioner. (4) The key to the code shall remain in the possession of the issuing facility and shall be available to the commissioner and only the commissioner. (5) Members of the department may not release or disseminate to any other person, agency or department of government any information which refers to a client by name, numbers, address, birth date or other characteristics or combination of characteristics which could lead to the client's identification, except as otherwise required by law. [PL 1983, c. 459, §7 (NEW).] [PL 2011, c. 542, Pt. A, §61 (AMD).]

4. Prohibited acts. [PL 2007, c. 310, §1 (RP).]

4-A. Violation. Disclosure of client information in violation of this section is an offense under the licensing standards of the mental health professional committing the violation and must be promptly reported to the licensing board with jurisdiction for review, hearing and disciplinary action. [PL 2007, c. 310, §2 (NEW).]

5. Permitted disclosure. [PL 2007, c. 310, §3 (RP).]

5-A. Disclosure to family, caretakers. Under the following circumstances, a licensed mental health professional providing care to an adult client may disclose to a family member, to another relative, to a close personal friend or caretaker of the client or to anyone identified by the client, the client's health information that is directly relevant to the person's involvement with the client's care. A. If a client with capacity to make health care decisions is either present or available prior to disclosure, the professional may disclose the information: (1) When the client gives oral or written consent; (2) When the client does not object in circumstances in which the client has the opportunity to object; or (3) When the professional may reasonably infer from the circumstances that the client does not object. [PL 2007, c. 310, §4 (NEW).] B. The professional may disclose the information if in the professional's judgment it is in the client's best interests to make the disclosure and the professional determines either that the client lacks the capacity to make health care decisions or an emergency precludes the client from participating in the disclosure. [PL 2007, c. 310, §4 (NEW).] [PL 2007, c. 310, §4 (NEW).]

6. Duty to provide information. [PL 2007, c. 310, §5 (RP).]

6-A. Disclosure of danger. A licensed mental health professional shall disclose protected health information that the professional believes is necessary to avert a serious and imminent threat to health or safety when the disclosure is made in good faith to any person, including a target of the threat, who is reasonably able to prevent or minimize the threat. [PL 2009, c. 451, §7 (AMD).]

7. Disclosure to law enforcement. A licensed mental health professional shall disclose protected health information when the disclosure is made in good faith for a law enforcement purpose to a law enforcement officer if the conditions, as applicable, are met as described in 45 Code of Federal Regulations, Section 164.512(f) (2008). [PL 2009, c. 451, §8 (NEW).]

8. Disclosure of knowledge of firearms. A licensed mental health professional shall notify law enforcement when the notification is made in good faith that the licensed mental health professional has reason to believe that a person committed to a state mental health institute has access to firearms. [PL 2009, c. 451, §9 (NEW).]

9. Disclosure for care management or coordination of care. Notwithstanding any provision of this section to the contrary, a health care practitioner may disclose without authorization health information for the purposes of care management or coordination of care pertaining to a client as provided in this subsection. A. Disclosure is permitted to a health care practitioner or health care facility as defined in Title 22, section 1711‑C, subsection 1 . [PL 2013, c. 326, §2 (NEW).] B. Disclosure is permitted to a payor or person engaged in payment for health care for the purpose of care management or coordination of care. [PL 2013, c. 326, §2 (NEW).] C. Disclosure of psychotherapy notes is governed by 45 Code of Federal Regulations, Section 164.508(a)(2). [PL 2013, c. 326, §2 (NEW).] D. A person who has made a disclosure under this subsection shall make a reasonable effort to notify the individual or the authorized representative of the individual of the disclosure. [PL 2013, c. 326, §2 (NEW).] [PL 2013, c. 326, §2 (NEW).]
34-A M.R.S. § 9424 — ME Code / Title 34-A / Chapter 9 / Section 9424
34-A §9424. Limitations
Status: in_force

The commissioner shall carry out the provisions of this compact in accordance with the following. [PL 1983, c. 459, §6 (NEW).]

1. Juveniles excluded. For purposes of this compact, no juvenile may be considered an inmate, as defined in section 9402 . [PL 1983, c. 459, §6 (NEW).]

2. Contracts. Any contracts made with one of the other party states for the confinement of inmates in Maine may provide for cash payments for the costs of the confinement whenever the total days for inmates placed in Maine by that state exceeds by 200 the number of days for inmates placed by Maine in that state. Otherwise, all contracts shall provide for an accrual of days earned by the respective states rather than cash payments. [PL 1983, c. 459, §6 (NEW).]

3. Inmates. The commissioner may accept an inmate for confinement in Maine if, in the opinion of the commissioner, the inmate has demonstrated ties to this State which would justify the confinement, or the inmate's confinement in this State is in the best interests of the inmate or the State of Maine. [PL 1983, c. 459, §6 (NEW).]

4. Transportation. The commissioner may permit any inmate who may be confined in another state under the provisions of the compact to pay the costs of transportation to the receiving state. [PL 1983, c. 459, §6 (NEW).]

5. Facilities. The commissioner may not accept any inmate under the provisions of the compact when the confinement of that inmate would cause immediately, or in the near future would be likely to cause, a need for an increase in correctional facilities in this State. [PL 1983, c. 459, §6 (NEW).]

6. Report. The commissioner shall annually, prior to February 1st, present a report to the joint standing committee of the Legislature having jurisdiction over health and institutional services describing any actions taken under the provisions of the compact during the previous year. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9875 — ME Code / Title 34-A / Chapter 9 / Section 9875
34-A §9875. Powers of interstate commission--Article 5
Status: in_force

The interstate commission has the following powers: [PL 2003, c. 495, §1 (NEW).]

1. Adopt seal and bylaws. To adopt a seal and suitable bylaws governing the management and operation of the interstate commission; [PL 2003, c. 495, §1 (NEW).]

2. Promulgate rules. To promulgate rules that have the force and effect of statutory law and are binding in the compacting states to the extent and in the manner provided in this compact; [PL 2003, c. 495, §1 (NEW).]

3. Supervise interstate movement of offenders. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact, any bylaws adopted and rules promulgated by the interstate commission; [PL 2003, c. 495, §1 (NEW).]

4. Enforce compact, rules and bylaws. To enforce compliance with compact provisions and interstate commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process; [PL 2003, c. 495, §1 (NEW).]

5. Establish and maintain offices. To establish and maintain offices; [PL 2003, c. 495, §1 (NEW).]

6. Purchase and maintain insurance and bonds. To purchase and maintain insurance and bonds; [PL 2003, c. 495, §1 (NEW).]

7. Provide personnel services. To borrow, accept or contract for services of personnel, including, but not limited to, members and the members' staffs; [PL 2003, c. 495, §1 (NEW).]

8. Establish and appoint committees; hire staff. To establish and appoint committees and hire staff that it considers necessary for carrying out its functions, including, but not limited to, an executive committee as required by section 9873 that has the power to act on behalf of the interstate commission in carrying out its powers and duties; [PL 2003, c. 495, §1 (NEW).]

9. Elect or appoint officers, attorneys, employees, agents or consultants; establish personnel policies. To elect or appoint officers, attorneys, employees, agents or consultants; to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel; [PL 2003, c. 495, §1 (NEW).]

10. Accept donations. To accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of those donations and grants; [PL 2003, c. 495, §1 (NEW).]

11. Hold property. To lease, purchase, accept contributions or donations of or otherwise to own, hold, improve or use any property, real, personal or mixed; [PL 2003, c. 495, §1 (NEW).]

12. Sell property. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2003, c. 495, §1 (NEW).]

13. Establish budget. To establish a budget, make expenditures and levy assessments as provided in section 9880 ; [PL 2003, c. 495, §1 (NEW).]

14. Sue and be sued. To sue and be sued; [PL 2003, c. 495, §1 (NEW).]

15. Provide for dispute resolution. To provide for dispute resolution among compacting states; [PL 2003, c. 495, §1 (NEW).]

16. Perform other functions. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact; [PL 2003, c. 495, §1 (NEW).]

17. Report. To report annually to the legislatures, governors, judiciaries and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports must also include any recommendations that have been adopted by the interstate commission; [PL 2003, c. 495, §1 (NEW).]

18. Coordinate education regarding interstate movement of offenders. To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity; and [PL 2003, c. 495, §1 (NEW).]

19. Establish standards for reporting, collecting and exchanging data. To establish uniform standards for the reporting, collecting and exchanging of data. [PL 2003, c. 495, §1 (NEW).]
34-B M.R.S. § 3612 — ME Code / Title 34-B / Chapter 3 / Section 3612
34-B §3612. Municipal notification
Status: in_force

With regard to residential services for persons committed to the custody of the commissioner pursuant to Title 15, chapter 5 , 120 days prior to the opening of a residential facility by the department or to signing a contract with a community agency to provide a community-based residential facility, the department shall provide the specific location and detailed information to the municipality in which the facility is to be located. The department shall review any response or site alternatives provided by municipal officials prior to the opening of the facility or signing of the contract. [PL 2013, c. 357, §1 (NEW).]
34-B M.R.S. § 3004 — ME Code / Title 34-B / Chapter 3 / Section 3004
34-B §3004. Community Support Systems
Status: in_force

1. Definition. As used in this section, unless the context otherwise indicates, the term "community support system" means the entire complex of mental health, rehabilitative, residential and other support services in the community to ensure community integration and the maintenance of a decent quality of life for persons with chronic mental illness. [PL 1983, c. 580, §6 (NEW).]

2. General policy. The department shall develop programs to: A. Promote and support the development and implementation of comprehensive community support systems to ensure community integration and the maintenance of a decent quality of life for persons with chronic mental illness in each of the mental health service areas in the State; and [PL 1983, c. 580, §6 (NEW).] B. Strengthen the capacity of families, natural networks, self-help groups and other community resources in order to improve the support for persons with chronic mental illness. [PL 1983, c. 580, §6 (NEW).] [PL 1995, c. 560, Pt. K, §33 (AMD).]

3. Duties. The department shall: A. Provide technical assistance for program development, promote effective coordination with health and other human services and develop new resources in order to improve the availability and accessibility of comprehensive community support services to persons with chronic mental illness; [PL 1983, c. 580, §6 (NEW).] B. Assess service needs, monitor service delivery related to these needs and evaluate the outcome of programs designed to meet these needs in order to enhance the quality and effectiveness of community support services; [PL 1985, c. 768, §4 (AMD).] C. Prepare a report that describes the system of community support services in each of the mental health service regions and statewide. (1) The report must include both existing service resources and deficiencies in the system of services. (2) The report must include an assessment of the roles and responsibilities of mental health agencies, human services agencies, health agencies and involved state departments and must suggest ways in which these agencies and departments can better cooperate to improve the service system for people with chronic mental illness. (3) The report must be prepared biennially and must be submitted to the joint standing committee of the Legislature having jurisdiction over human resources by December 15th of every even-numbered year. (4) The committee shall review the report and make recommendations with respect to administrative and funding improvements in the system of community support services to persons with chronic mental illness; and [PL 1995, c. 560, Pt. K, §33 (AMD).] D. Participate with school administrative units in transition planning for each student with chronic mental illnesses who is receiving special education services and who is 16 years of age or older, or 14 years of age if determined appropriate by the student's individualized education program team, and shall assign appropriate staff as a transition contact person and as a member of the transition planning team for each student. [PL 2011, c. 348, §9 (AMD).] [PL 2011, c. 348, §9 (AMD).]
34-B M.R.S. § 7011 — ME Code / Title 34-B / Chapter 7 / Section 7011
34-B §7011. Contents of petition for consideration of sterilization of a person based upon a determination
Status: in_force

The petition for determination if sterilization is in the best interest of a person shall be executed under oath and shall set forth: [PL 1983, c. 459, §7 (NEW).]

1. Person being considered for sterilization. The name, age and residence of the person being considered for sterilization; [PL 1983, c. 459, §7 (NEW).]

2. Parents, spouse, custodian or guardian of person being considered for sterilization. The names and residences of any parents, spouse, custodian or guardian of the person being considered for sterilization; [PL 1983, c. 459, §7 (NEW).]

3. Mental condition. The mental condition of and effects of any medications being administered to or taken by the person being considered for sterilization; [PL 1983, c. 459, §7 (NEW).]

4. Reasons sterilization is sought. A statement, in terms of the best interest of the person, of the reasons for which sterilization is sought; [PL 1983, c. 459, §7 (NEW).]

5. Petitioner. The name and relationship of the petitioner to the person being considered for sterilization; [PL 1983, c. 459, §7 (NEW).]

6. Alternatives. Less drastic alternative contraceptive methods which have been tried or the reason those methods are believed to be unworkable or inappropriate for the person being considered for sterilization; [PL 1983, c. 459, §7 (NEW).]

7. Physiological capability to procreate. A medical statement assessing the physiological capability of the person to procreate; [PL 1983, c. 459, §7 (NEW).]

8. Risk to life or health. A medical statement regarding the potential risk to the life or health of the person which could be caused by procreation or child rearing; [PL 1983, c. 459, §7 (NEW).]

9. Person's attitudes or desires regarding sterilization. Any attitudes or desires expressed by the person regarding sterilization; and [PL 1983, c. 459, §7 (NEW).]

10. Informed consent order. The date and contents of the order issued under section 7008 concerning the ability to give informed consent for sterilization of the person being considered for sterilization. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 3004 — ME Code / Title 34-A / Chapter 3 / Section 3004
34-A §3004. Legal actions
Status: in_force

1. Contract actions. Actions founded on any contract made with the Chief Procurement Officer, or with any official of the department under the authority granted by the Chief Procurement Officer, on behalf of a correctional or detention facility may be brought by the official making the contract or the official's successor in office. [PL 2023, c. 516, Pt. B, §46 (AMD).]

2. Actions for injuries to property. Actions for injuries to the real or personal property of the State, used by any correctional or detention facility and under the management of an officer of the facility, may be prosecuted in the name of the officer or the officer's successor in office. [PL 1991, c. 314, §28 (AMD).]
34-A M.R.S. § 11284 — ME Code / Title 34-A / Chapter 17 / Section 11284
34-A §11284. Duty of person employed or attending college or school in this State to register
Status: in_force

The following provisions govern registration duties for a person not domiciled or residing in this State but who is employed or attending college or school in this State. [PL 2011, c. 663, §3 (NEW).]

1. Time. A person who has been sentenced for a military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151 or in a jurisdiction other than this State and who is required under that jurisdiction to register pursuant to that jurisdiction's sex offender registration statute or would have been required to register if the person had remained in that jurisdiction or, if not so required, who has been sentenced for an offense that includes the essential elements of a Tier I, Tier II or Tier III offense shall register as a Tier I registrant, a Tier II registrant or a Tier III registrant, whichever is applicable, within 3 days and shall notify the law enforcement agency having jurisdiction: A. Within 24 hours of beginning full-time or part-time employment, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year in this State; or [PL 2011, c. 663, §3 (NEW).] B. Within 24 hours of beginning college or school on a full-time or part-time basis in this State. [PL 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]

2. Process for notifying bureau. The person under subsection 1 shall contact the bureau, which shall provide the person with a registration form and direct the person to take the form and a current photograph of the person to the law enforcement agency having jurisdiction. The law enforcement agency shall supervise the completion of the form, take the person's fingerprints and immediately forward the form, photograph and fingerprints to the bureau. [PL 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 5211 — ME Code / Title 34-A / Chapter 5 / Section 5211
34-A §5211. Powers
Status: in_force

1. Rules. The board may promulgate rules, in accordance with the Administrative Procedure Act, Title 5, chapter 375 , pertaining to its functions set out in this chapter. [PL 1983, c. 459, §6 (NEW).]

2. Restitution. The board may authorize and impose as a condition of parole that the person make restitution to the person's victim or other authorized claimant in accordance with Title 17-A, chapter 69 . [PL 2019, c. 113, Pt. C, §103 (AMD).]

3. Quasi-judicial powers. The board, or any member of the board, may, in the performance of official duties: A. Issue subpoenas; [PL 1983, c. 459, §6 (NEW).] B. Compel the attendance of witnesses; [PL 1983, c. 459, §6 (NEW).] C. Compel the production of books, papers and other documents pertinent to the subject of its inquiry; and [PL 1983, c. 459, §6 (NEW).] D. Administer oaths and take the testimony of persons under oath. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

4. Grant or denial of parole. The board may grant or deny parole in accordance with the following procedures. A. If the recommendation of the administrative assistant under section 5209, subsection 4 , is to grant parole, the board may make a final decision granting parole without a hearing. [PL 1983, c. 459, §6 (NEW).] B. If the recommendation of the administrative assistant is to deny parole, the board shall afford the committed offender a hearing before the board and the board may not deny parole without affording the committed offender a hearing. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3807 — ME Code / Title 34-A / Chapter 3 / Section 3807
34-A §3807. Human services' custody
Status: in_force

1. Suspension. When the custody of a child at the time of commitment is in the Department of Health and Human Services, that custody shall be temporarily suspended while the child is in the Long Creek Youth Development Center. [PL 1983, c. 459, §6 (NEW); PL 2001, c. 439, Pt. G, §6 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Reversion. Upon discharge or placement on community reintegration status from the Long Creek Youth Development Center, the custody of the child reverts to the Department of Health and Human Services, if the child is still under 18 years of age. [PL 2003, c. 410, §14 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
34-B M.R.S. § 5603 — ME Code / Title 34-B / Chapter 5 / Section 5603
34-B §5603. Entitlement
Status: in_force

Each person with an intellectual disability, autism or an acquired brain injury is entitled to the rights enjoyed by citizens of the State and of the United States, unless some of these rights have been limited or suspended by a court of competent jurisdiction. [PL 2021, c. 284, Pt. A, §6 (AMD).]

1. Person committed to the commissioner. The rights and basic protections set out in section 5605 of a person with an intellectual disability, autism or an acquired brain injury who is committed to the commissioner as not criminally responsible pursuant to Title 15, section 103 or as incompetent to stand trial pursuant to Title 15, section 101‑D may be limited or suspended only if the commissioner submits to the applicable court a written treatment plan that specifies each limitation of a right or basic protection and the treatment plan has been approved by the court. [PL 2021, c. 284, Pt. A, §6 (AMD).]
34-A M.R.S. § 9203 — ME Code / Title 34-A / Chapter 9 / Section 9203
34-A §9203. Contracts--Article III
Status: in_force

Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: [PL 1983, c. 459, §6 (NEW).]

1. Duration. Its duration; [PL 1983, c. 459, §6 (NEW).]

2. Payments. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; [PL 1983, c. 459, §6 (NEW).]

3. Employment. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom; [PL 1983, c. 459, §6 (NEW).]

4. Inmate delivery. Delivery and retaking of inmates; and [PL 1983, c. 459, §6 (NEW).]

5. Other matters. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. [PL 1983, c. 459, §6 (NEW).]

Subject to legislative approval by the states concerned and prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract. [PL 1983, c. 459, §6 (NEW).]

The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9602 — ME Code / Title 34-A / Chapter 9 / Section 9602
34-A §9602. Definitions--Article II
Status: in_force

As used in this agreement, unless the context clearly requires otherwise, the following terms shall have the following meanings. [PL 1983, c. 459, §6 (NEW).]

1. Receiving state. "Receiving state" shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV . [PL 1983, c. 459, §6 (NEW).]

2. Sending state. "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III or at the time that a request for custody or availability is initiated pursuant to Article IV . [PL 1983, c. 459, §6 (NEW).]

3. State. "State" shall mean a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3069-D — ME Code / Title 34-A / Chapter 3 / Section 3069-D
34-A §3069-D. Placement of defendants found incompetent to stand trial (WHOLE SECTION TEXT EFFECTIVE UNTIL 11/1/27) (WHOLE SECTION TEXT REPEALED 11/1/27)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 11/1/27)

(WHOLE SECTION TEXT REPEALED 11/1/27)

1. Acceptance of placement. The commissioner may accept the placement of an adult defendant, referred to in this section as "the defendant," in a mental health unit of a correctional facility whom a court, after hearing, finds by clear and convincing evidence is incompetent to stand trial and whom the court commits to the custody of the Commissioner of Health and Human Services under Title 15, section 101‑D, subsection 5 if, in addition to the findings required under Title 15, section 101‑D, subsection 5 , the court finds that: A. The defendant is at risk of causing serious harm by engaging in interpersonal violence that is not primarily driven by symptoms of a major mental illness or other disability; [PL 2023, c. 600, §1 (NEW).] B. There is not sufficient security at a state mental health institute to address the likelihood of serious harm; and [PL 2023, c. 600, §1 (NEW).] C. There is no other less restrictive alternative to placement in a mental health unit of a correctional facility. [PL 2023, c. 600, §1 (NEW).] [PL 2023, c. 600, §1 (NEW).]

2. Treatment; transfer. The department shall provide services and treatment consistent with the requirements of Title 15, section 101‑D, subsection 5 to a defendant accepted for treatment in a mental health unit of a correctional facility under subsection 1 . The department may not transfer to another unit of a correctional facility a defendant accepted for treatment in a mental health unit of a correctional facility under subsection 1 . [PL 2023, c. 600, §1 (NEW).]

3. Termination of placement. Termination of placement is governed by this subsection. A. The commissioner may terminate the placement of a defendant accepted pursuant to this section if the commissioner determines that the likelihood of serious harm posed by the defendant has decreased or the security at a state mental health institute has increased or for any other reason. [PL 2023, c. 600, §1 (NEW).] B. At any time after 90 days of placement in a mental health unit of a correctional facility, except not within 60 days of resolution of a prior petition under this paragraph, the defendant may petition the court for return to placement in a less restrictive setting on the grounds that the criteria for placement under subsection 1 no longer exist. If a petition is filed under this paragraph, the court shall hold a hearing and issue a decision maintaining or terminating the placement. [PL 2023, c. 600, §1 (NEW).] [PL 2023, c. 600, §1 (NEW).]

4. Disclosure of information. With respect to a defendant who has previously been hospitalized under Title 34‑B, chapter 3, subchapter 4 , the commissioner may make it a prerequisite to accepting placement of the defendant under this section that necessary information be disclosed to the department pursuant to Title 34‑B, section 1207, subsection 1, paragraph B . [PL 2023, c. 600, §1 (NEW).]

5. Application of other laws. All other applicable provisions of law governing defendants found incompetent to stand trial apply to defendants accepted for placement under this section. [PL 2023, c. 600, §1 (NEW).]

6. Repeal. This section is repealed November 1, 2027. [PL 2023, c. 600, §1 (NEW).]
34-A M.R.S. § 5202 — ME Code / Title 34-A / Chapter 5 / Section 5202
34-A §5202. Appointment
Status: in_force

The Governor shall appoint as the 5 members of the board persons who: [PL 1983, c. 459, §6 (NEW).]

1. Citizens and residents. Are citizens and residents of the State; and [PL 1983, c. 459, §6 (NEW).]

2. Training or experience. Have special training or experience in law, sociology, psychology or related branches of social science. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 15002 — ME Code / Title 34-B / Chapter 15 / Section 15002
34-B §15002. Children's Mental Health Program established
Status: in_force

The Children's Mental Health Program is established to identify children with mental health needs and to improve the provision of mental health care to children and supportive services to their families. The program must track the provision of care and services, the progress of the departments in providing care and services, the development of new resources for care and services and the use of all types of funds used for the purposes of this chapter, including funds from the departments' own budgets or through blended, pooled or flexible funding. The program is child and family-centered, focusing on the strengths and needs of the child and the child's family and providing care to meet those needs. The program is intended to create a structure for coordination of children's mental health care provided by the departments. The program does not create any new entitlements to care or services and does not diminish any entitlements granted by state or federal law, rule or regulation. The program is under the supervision of the commissioner and a director of children's mental health services, who has lead responsibility for implementation, monitoring and oversight of the program. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

1. Individualized treatment planning process. The individualized treatment planning process is based on the needs of the child and includes the participation of the child's family with the child, the department and the other departments. The individualized treatment planning process considers short-term and long-term objectives and all aspects of the child's life. Decisions in the individualized treatment planning process first address the need for safety for the child and then address the child's mental health and emotional, social, educational and physical needs in the least restrictive, most normative environment. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

2. Principles of care delivery and management. Decisions about the delivery of care to a child are made and care is managed at the local level in accordance with the following principles. A. Care is clinically appropriate and is provided in the least restrictive manner possible. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] B. Care is provided as close to a child's residence as possible. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] C. The program promotes prevention, early identification and intervention for children in need of care and at risk of developing emotional problems. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] D. Each child has access to the same choices for care, regardless of residence, through a case management system that coordinates multiple services in a therapeutic manner and adjusts to changing needs, including the provision of adult mental health services when appropriate. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] E. Planning for the delivery of care takes into account the advice of the community service networks established under section 3608 . [PL 2013, c. 132, §4 (AMD).] [PL 2013, c. 132, §4 (AMD).]

3. Care delivery and management practices. Care delivery and management practices must adhere to the principles stated in subsection 2 and are subject to the requirements of this subsection. A. Using the resources of the departments, the program must provide the child and family with a central location for obtaining information, applying and being assessed for care and supportive services, maintaining contact with case managers and department staff and, to the extent possible, obtaining care and supportive services. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] B. The delivery of care must be determined in accordance with subsections 1 and 2 using uniform intake and assessment protocols. Waiting lists may not be maintained if prohibited by law. The departments shall maintain records of all entries onto waiting lists with information about care that is needed and alternate or partial care that is provided. When the department releases waiting list information, that information may not identify the child or family by name or address. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] C. The system of providing care must be a functionally integrated, network-based system with the department as the single point of accountability. [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).]

4. Grievance; appeal. The provisions of this subsection govern the right to grievance and appeal. The department shall provide notice to children and their families and guardians about the right to an informal grievance process and a formal appeal under this section for the review of care for the child, including clinical diagnosis and care, and departmental decisions. A. The departments shall adopt rules providing for an informal grievance process that may be initiated at the request of a child or the child's family. The informal grievance process, which may utilize mediation, must include a written decision with findings of fact by an impartial hearing officer within one week of the filing of the grievance if mediation is not requested by the child or the child's family and, if mediation is requested, within 2 weeks of the filing of the grievance. Providers of care and advocates for the child may be heard at the request of the child or the child's family. The informal grievance process is provided in addition to any rights of appeal that may be available under law, rule or regulation. If the right to appeal is limited to a certain time period, that time period begins to run on the date of issuance of a decision under this paragraph. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] B. The child or the child's family may exercise any rights of appeal available by law, rule or regulation. The departments shall adopt rules providing for an appeal process that must include alternative dispute resolution and, notwithstanding any provision of state law or rule to the contrary, must provide that the commissioner or the commissioner's designee act as the decision maker in any hearing and issue a written decision with findings of fact. This paragraph does not supersede federal law. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).] C. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [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).]

5. Public education program. The departments shall conduct a public education campaign about mental health, the need for mental health care and the availability of care through the program. The campaign must include written materials; media presentations; and a toll-free telephone number for information, referral and access to the program. Public information must include a resource guide that contains information about departmental responsibilities, community-based and residential-based resources for care and services and grievance and appeals procedures. If the department maintains waiting lists for any care or services, information must be provided about the use of the waiting lists and what options are available for care and services. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]

6. Rights protections; cultural sensitivity. The program must protect the rights of children to receive care without regard to race, religion, ancestry or national origin, gender, physical or mental disability, sexual orientation or gender identity. [PL 2021, c. 366, §33 (AMD).]

7. Rulemaking. The departments shall adopt rules to implement this chapter. Rules in effect for care under the authority of the departments, prior to the adoption of rules pursuant to this subsection, remain in effect until the effective date of the new rules. In addition to the rule-making procedures required under Title 5, chapter 375 , prior to adoption of a proposed rule, the department shall provide notice of the content of the proposed rule to the joint standing committee of the Legislature having jurisdiction over health and human services matters. When a rule is adopted, the department shall provide copies of the adopted rule to the joint standing committee of the Legislature having jurisdiction over health and human services matters. Unless otherwise specifically designated, rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2019, c. 2, Pt. A, §33 (COR).]

8. Spiritual treatment. Nothing in this chapter may replace or limit the right of any child to care in accordance with a recognized religious method of healing, if the care is requested by the child or by the child's family. [PL 1997, c. 790, Pt. A, §1 (NEW); PL 1997, c. 790, Pt. A, §3 (AFF).]
34-B M.R.S. § 7002 — ME Code / Title 34-B / Chapter 7 / Section 7002
34-B §7002. Legislative intent
Status: in_force

The Legislature finds and declares that sterilization procedures are generally irreversible and represent potentially permanent and highly significant consequences for the patient involved. The Legislature recognizes that certain legal safeguards are necessary to prevent indiscriminate and unnecessary sterilization and to assure equal access to desired medical procedures for all Maine citizens. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 1219 — ME Code / Title 34-B / Chapter 1 / Section 1219
34-B §1219. State strategy for preventing imprisonment of persons with serious mental illness
Status: in_force

1. Development of state strategy. The department shall develop a comprehensive state strategy for preventing the inappropriate incarceration of seriously mentally ill individuals and for diverting those individuals away from the criminal justice system. This strategy must be developed with the active participation of other agencies and providers responsible for serving persons with serious mental illness, including representatives of community mental health centers, area shelters, other community providers, consumers of services and their families, providers of inpatient mental health services, advocates for consumers of mental health services, sheriffs' departments and the Department of Public Safety. [PL 2011, c. 657, Pt. AA, §85 (AMD).]

2. Components of strategy. The state strategy developed under subsection 1 must include, but is not limited to: A. Identification of existing programs or creation of jail diversion and community mental health programs to serve persons with serious mental illness who have been charged with minor crimes that are a manifestation of their illness, including identification of financing mechanisms for the programs and the services provided; [PL 1995, c. 431, §2 (NEW).] B. Systems for the evaluation of serious mental illness, within 24 hours of contact with the criminal justice system, of persons charged with minor crimes and timely referral of those persons identified as seriously mentally ill to appropriate community mental health programs; [PL 1995, c. 431, §2 (NEW).] C. Specific mechanisms for enabling police and correctional officers to communicate and consult on a timely basis with appropriate mental health personnel about specific cases; [PL 1995, c. 431, §2 (NEW).] D. Plans for conducting training, in conjunction with the Maine Criminal Justice Academy, of law enforcement and correctional personnel about serious mental illness and effective methods for evaluating, treating and managing persons with serious mental illness; [PL 1995, c. 431, §2 (NEW).] E. Plans for training mental health professionals who participate in state-funded, educational training programs to work with persons with serious mental illness in correctional facilities, including, but not limited to, on-site field experience in correctional facilities or jail diversion programs; and [PL 1995, c. 431, §2 (NEW).] F. Plans for providing comprehensive treatment, services and support to persons with serious mental illness following their release from correctional facilities. [PL 1995, c. 431, §2 (NEW).] [PL 1995, c. 431, §2 (NEW).]
34-B M.R.S. § 1232 — ME Code / Title 34-B / Chapter 1 / Section 1232
34-B §1232. Administration of fund
Status: in_force

1. Naming beneficiaries. The Department of Health and Human Services may accept money from a self-sufficiency trust for deposit in the trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are developmentally disabled persons or persons otherwise eligible for department services residing in this State and specifying the care or treatment to be provided for them. The department shall maintain a separate account in the trust fund for each named beneficiary. [PL 1987, c. 176 (NEW); 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).]

2. Care and support of beneficiaries. The money in these accounts shall be spent by the department, pursuant to its rules, only to provide care and treatment for the named beneficiaries in accordance with the terms of the agreement. [PL 1987, c. 176 (NEW).]

3. Return of money. In the event that the director determines that the money in the account of a named beneficiary cannot be used for the care or treatment of the beneficiary in a manner consistent with the rules of the department and the agreement, or upon request of the self-sufficiency trust, the remaining money in that account, together with any accumulated interest on that account, shall be promptly returned to the self-sufficiency trust which deposited the money in the trust fund. [PL 1987, c. 176 (NEW).]

4. Other benefits not affected. The receipt by a beneficiary of money from the trust fund, or of care or treatment provided with that money, shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law. [PL 1987, c. 176 (NEW).]
34-B M.R.S. § 1801 — ME Code / Title 34-B / Chapter 1 / Section 1801
34-B §1801. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 316, §2 (NEW).]

1. Crisis intervention. "Crisis intervention" means an unplanned and temporary service necessary to alleviate a crisis and preserve the living arrangements of a person who receives services from the department. [PL 1991, c. 316, §2 (NEW).]

2. Family support services. "Family support services" means services that enable a family, which is otherwise eligible to receive services from the department, to maintain and care for its minor or adult member at home. Family support services include but are not limited to the following: A. Dental and medical care; [PL 1991, c. 316, §2 (NEW).] B. Respite care; [PL 1991, c. 316, §2 (NEW).] C. Recreation and leisure activities; [PL 1991, c. 316, §2 (NEW).] D. Homemaker services; [PL 1991, c. 316, §2 (NEW).] E. Transportation; [PL 1991, c. 316, §2 (NEW).] F. Personal assistance services; [PL 1991, c. 316, §2 (NEW).] G. Home health services; [PL 1991, c. 316, §2 (NEW).] H. Therapeutic and nursing services; [PL 1991, c. 316, §2 (NEW).] I. Home and vehicle modifications; [PL 1991, c. 316, §2 (NEW).] J. Equipment and supplies; [PL 1991, c. 316, §2 (NEW).] K. Family counseling services; [PL 1991, c. 316, §2 (NEW).] L. Communication services; [PL 1991, c. 316, §2 (NEW).] M. Crisis intervention; [PL 1991, c. 316, §2 (NEW).] N. Specialized utility costs; [PL 1991, c. 316, §2 (NEW).] O. Integrated child care; [PL 1991, c. 316, §2 (NEW).] P. Specialized diagnosis and evaluation; [PL 1991, c. 316, §2 (NEW).] Q. Specialized nutrition and clothing; [PL 1991, c. 316, §2 (NEW).] R. Family education and training; [PL 1991, c. 316, §2 (NEW).] S. Service coordination; [PL 1991, c. 316, §2 (NEW).] T. Information services; [PL 1991, c. 316, §2 (NEW).] U. Assistive technology; and [PL 1991, c. 316, §2 (NEW).] V. Permanency planning. [PL 1991, c. 316, §2 (NEW).] [PL 1991, c. 316, §2 (NEW).]

3. Respite care. "Respite care" means a temporary service that provides a respite to a family in a planned and predictable manner. Respite care may include but is not limited to bringing outside caretakers into the home and bringing a child outside the home for services. [PL 1991, c. 316, §2 (NEW).]

4. Service coordination. "Service coordination" means a lifelong, goal-oriented process for coordination of the range of services needed and wanted by persons with disabilities and their families. [PL 1991, c. 316, §2 (NEW).]

5. Therapeutic services. "Therapeutic services" means occupational, physical, speech and language, respiratory, and vision therapy, counseling and other therapies to increase, maintain or improve the functional capabilities of persons with disabilities. [PL 1991, c. 316, §2 (NEW).]
34-A M.R.S. § 9902 — ME Code / Title 34-A / Chapter 9 / Section 9902
34-A §9902. Definitions -- Article 2
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 500, §1 (NEW).]

1. Bylaws. "Bylaws" means those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission's actions or conduct. [PL 2003, c. 500, §1 (NEW).]

2. Commissioner. "Commissioner" means the voting representative of each compacting state appointed pursuant to section 9903 . [PL 2003, c. 500, §1 (NEW).]

3. Compact administrator. "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact. The compact administrator for Maine is the Commissioner of Corrections or the commissioner's designee. [PL 2003, c. 706, Pt. B, §8 (AMD).]

4. Compacting state. "Compacting state" means any state that has enacted the enabling legislation for this compact. [PL 2003, c. 500, §1 (NEW).]

5. Court. "Court" means a court having jurisdiction over juveniles. [PL 2003, c. 500, §1 (NEW).]

6. Deputy compact administrator. "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the State's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact. [PL 2003, c. 500, §1 (NEW).]

7. Interstate commission. "Interstate commission" means the Interstate Commission for Juveniles established in this subchapter. [PL 2003, c. 500, §1 (NEW).]

8. Juvenile. "Juvenile" means any person defined as a juvenile in any member state or by the rules of the interstate commission, including: A. An accused delinquent who is a person charged with an offense that, if committed by an adult, would be a criminal offense; [PL 2003, c. 500, §1 (NEW).] B. An adjudicated delinquent who is a person found to have committed an offense that, if committed by an adult, would be a criminal offense; [PL 2003, c. 500, §1 (NEW).] C. An accused status offender who is a person charged with an offense that would not be a criminal offense if committed by an adult; [PL 2003, c. 500, §1 (NEW).] D. An adjudicated status offender who is a person found to have committed an offense that would not be a criminal offense if committed by an adult; and [PL 2003, c. 500, §1 (NEW).] E. A nonoffender who is a person in need of supervision who has not been accused or adjudicated as a status offender or delinquent. [PL 2003, c. 500, §1 (NEW).] [PL 2003, c. 500, §1 (NEW).]

9. Noncompacting state. "Noncompacting state" means any state that has not enacted the enabling legislation for this compact. [PL 2003, c. 500, §1 (NEW).]

10. Probation or parole. "Probation" or "parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states. [PL 2003, c. 500, §1 (NEW).]

11. Rule. "Rule" means a written statement by the interstate commission promulgated pursuant to section 9904 that is of general applicability; implements, interprets or prescribes a policy or provision of the compact or an organizational, procedural or practice requirement of the interstate commission; and has the force of statutory law in a compacting state, including the ability to amend, repeal or suspend an existing rule. [PL 2003, c. 500, §1 (NEW).]

12. State. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Marianas Islands. [PL 2003, c. 500, §1 (NEW).]

13. State council. "State council" means the resident members of the state council for interstate juvenile supervision created by each state under section 9909 . [PL 2003, c. 500, §1 (NEW).]
34-A M.R.S. § 11226 — ME Code / Title 34-A / Chapter 15 / Section 11226
34-A §11226. Fee
Status: in_force

The bureau may charge a $25 annual fee to persons required to register under this chapter. Registrants shall pay the fee at the time of initial registration and shall pay the fee on each anniversary of their initial registration. [PL 2003, c. 711, Pt. C, §24 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]

The fee must be credited to the General Fund and the Highway Fund in an amount consistent with currently budgeted appropriations and allocations. [PL 1999, c. 437, §2 (NEW).]
34-A M.R.S. § 9633 — ME Code / Title 34-A / Chapter 9 / Section 9633
34-A §9633. Escape
Status: in_force

Any person, who escapes or attempts to escape from custody while in another state pursuant to Article I , shall be subject to the penalties provided in Title 17‑A, section 755 , for escape or attempt to escape from the Maine State Prison. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 5470-B — ME Code / Title 34-B / Chapter 5 / Section 5470-B
34-B §5470-B. Personal planning
Status: in_force

1. Right to personal planning. Every adult with an intellectual disability or autism who is eligible for services must be provided the opportunity to engage in a personal planning process in which the needs and desires of the person are articulated and identified. [PL 2011, c. 542, Pt. A, §113 (AMD).]

2. Process. The personal planning opportunities afforded to a person with an intellectual disability or autism pursuant to subsection 1 must: A. Be understandable to that person and in plain language and, if that person is deaf or nonverbal, uses sign language or speaks another language, the process must include qualified interpreters; [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] B. Focus on the choices made by that person; [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] C. Reflect and support the goals and aspirations of that person; [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] D. Be developed at the direction of that person and include people whom the person chooses to participate. The planning process must minimally include the person, the person's guardian, if any, the correspondent, if any, and the person's case manager; [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] E. Be flexible enough to change as new opportunities arise; [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] F. Be offered to that person at least annually or on a schedule established through the planning process and be reviewed according to a specified schedule and by a person designated for monitoring; [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] G. Include all of the needs and desires of that person without respect to whether those desires are reasonably achievable or the needs are presently capable of being addressed; and [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] H. Include a provision for ensuring the satisfaction of that person with the quality of the plan and the supports that the person receives. [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] [PL 2011, c. 542, Pt. A, §113 (AMD).]

3. Action plans and unmet needs. The ongoing personal planning for a person with an intellectual disability or autism must include an action plan that describes the services to be provided, the process of providing the services and who is responsible for overseeing the provision of the services. In cases where resources required to address identified needs or desires are not available, the action plan must identify interim measures based on available resources that address the needs or desires as nearly as possible and identify steps toward meeting the person’s actual identified needs. Unmet needs must be documented continually, collated annually and used for appropriate development activities on a regional and statewide basis. [PL 2011, c. 542, Pt. A, §113 (AMD).]

4. Review of personal plans. The person with an intellectual disability or autism or another member of the planning team may initiate a review of the person’s personal plan when needed or desired. A. A review under this subsection must be done by meeting or by other means sufficient to address the needed or desired changes. The review must include the person, the person's guardian, if any, and the person's case manager. Invitations to participate may also be sent to others who may be anticipated to assist the person in pursuing articulated needs and desires unless the person or a private guardian objects. [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] B. Events that could lead to the loss of the person’s home, job or program and events defined in a departmental rule or in the person’s plan must lead to a plan review. [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] [PL 2011, c. 542, Pt. A, §113 (AMD).]

5. Information from planning process. During personal planning, the department shall develop and record information about a person’s needs, identify anticipated needs without regard to service availability, define necessary support services, recommend optimal courses of action and include plans for the active and continued exploration of suitable program or service alternatives based on the person's needs. [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).]

6. Implementation of personal plan. As part of its implementation, the personal plan must be agreed to by the person or the person's legal guardian. The department shall assist persons with the needs identified by their planning process to obtain housing, employment or other meaningful occupation, medical and other professional therapeutic services, recreational and vocational opportunities and educational services at the earliest possible time, insofar as resources permit. [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).]

7. Records. The department shall maintain records of personal plans developed under this section. A. The department shall maintain adequate written and electronic records of the development and implementation of personal plans to permit monitoring and accountability. [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] B. [PL 2013, c. 310, §6 (RP).] [PL 2013, c. 310, §6 (AMD).]

8. Training. The department shall provide training in personal planning. A. The department shall prepare and maintain a comprehensive manual describing the procedures to be followed in implementing a personal planning process. [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).] B. The department shall ensure the provision of regular and ongoing training in personal planning to persons with intellectual disabilities or autism and their families, guardians, correspondents and allies as well as its own staff and providers. The department shall regularly provide persons with intellectual disabilities or autism and their families, guardians and allies with informational materials regarding personal planning. [PL 2011, c. 542, Pt. A, §114 (AMD).] [PL 2011, c. 542, Pt. A, §114 (AMD).]

9. Rules. The department is authorized to adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 356, §21 (NEW); PL 2007, c. 356, §31 (AFF).]
34-B M.R.S. § 9009 — ME Code / Title 34-B / Chapter 9 / Section 9009
34-B §9009. Incarceration in penal or correctional institution--Article IX
Status: in_force

1. Application. No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution. [PL 1983, c. 459, §7 (NEW).]

2. Policy not to jail. To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 5003-B — ME Code / Title 34-B / Chapter 5 / Section 5003-B
34-B §5003-B. Services across the lifespan
Status: in_force

The department shall facilitate the development of a home and community‑based waiver from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services that provides services for persons with intellectual and developmental disabilities, autism or other related conditions across the lifespan, including smooth transitions from childhood to adulthood. Upon federal approval, the department shall adopt rules to implement this section. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A , except that any subsequent amendments to those rules are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 412, Pt. LLLLL, §1 (NEW).]
34-A M.R.S. § 9410 — ME Code / Title 34-A / Chapter 9 / Section 9410
34-A §9410. Construction and severability--Article X
Status: in_force

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 1802 — ME Code / Title 34-B / Chapter 1 / Section 1802
34-B §1802. Principles of family support
Status: in_force

The department shall provide family support services in accordance with the following principles. [PL 1991, c. 316, §2 (NEW).]

1. Importance of family setting and home care. Children, regardless of the type or severity of their disabilities, belong with and do best with families. Accordingly, families should receive whatever support is necessary to care for their family members with disabilities at home. [PL 1991, c. 316, §2 (NEW).]

2. Focus on whole family. Family support must focus on the needs of the entire family. [PL 1991, c. 316, §2 (NEW).]

3. Flexibility. Family needs change over time and family support must be flexible and responsive to the unique needs and strengths of individual families. [PL 1991, c. 316, §2 (NEW).]

4. Integration. Families should be supported to fully integrate their family members with disabilities into education, employment and social settings in their own communities. Support to families must build on social networks and other sources of support that exist in their communities. [PL 1991, c. 316, §2 (NEW).]

5. Long-term support. Family support is needed throughout the life spans of family members with disabilities. [PL 1991, c. 316, §2 (NEW).]

6. Family expertise. Families should be recognized as experts regarding the needs of their members with disabilities. The family should be the primary decision-making unit regarding the support, services and opportunities it needs. Accordingly, families must be included in the planning and implementation of family support systems. [PL 1991, c. 316, §2 (NEW).]

7. Family contributions. Families that have members with disabilities should be recognized for enriching the lives of all citizens through their contributions to the economic health and social fabric of the State. [PL 1991, c. 316, §2 (NEW).]

8. Individual needs and aspirations. People with disabilities have personal needs and preferences to live, work, learn, grow and to have relationships. People with disabilities have abilities, competencies and aspirations and should be supported to pursue their personal desires and reach their fullest potential. [PL 1991, c. 316, §2 (NEW).]
34-B M.R.S. § 3870 — ME Code / Title 34-B / Chapter 3 / Section 3870
34-B §3870. Convalescent status
Status: in_force

1. Authority. The chief administrative officer of a state mental health institute may release an improved patient on convalescent status when the chief administrative officer believes that the release is in the best interest of the patient and that the patient does not pose a likelihood of serious harm. The chief administrative officer of a nonstate mental health institute may release an improved patient on convalescent status when the chief administrative officer believes that the release is in the best interest of the patient, the patient does not pose a likelihood of serious harm and, when releasing an involuntarily committed patient, the chief administrative officer has obtained the approval of the commissioner after submitting a plan for continued responsibility. A. Release on convalescent status may include provisions for continuing responsibility to and by the psychiatric hospital, including a plan of treatment on an outpatient or nonhospital basis. [PL 2007, c. 319, §16 (AMD).] B. Before release on convalescent status under this section, the chief administrative officer of a psychiatric hospital shall make a good faith attempt to notify, by telephone, personal communication or letter, of the intent to release the patient on convalescent status and of the plan of treatment, if any: (1) The parent or guardian of a minor patient; (2) The legal guardian of an adult incompetent patient, if any is known; or (3) The spouse or adult next of kin of an adult competent patient, if any is known, unless the patient requests in writing that the notice not be given. If the chief administrative officer of the psychiatric hospital to which the patient is currently admitted has reason to believe that notice to any of the individuals listed in this paragraph would pose risk of harm to the patient, then notice may not be given to that individual. [PL 2007, c. 319, §16 (AMD).] C. The psychiatric hospital is not liable when good faith attempts to notify the parents, spouse or guardian have failed. [PL 2007, c. 319, §16 (AMD).] D. Before releasing a patient on convalescent status, the chief administrative officer of the psychiatric hospital shall advise the patient, orally and in writing, of the terms of the patient's convalescent status, the treatment available while the patient is on convalescent status and, if the patient is a voluntary patient, of the patient's right to request termination of the status and, if involuntarily committed, the means by which and conditions under which rehospitalization may occur. [PL 2007, c. 319, §16 (AMD).] [PL 2007, c. 319, §16 (AMD).]

2. Reexamination. Before a patient has spent a year on convalescent status, and at least once a year thereafter, the chief administrative officer of the psychiatric hospital shall reexamine the facts relating to the hospitalization of the patient on convalescent status. [PL 2007, c. 319, §16 (AMD).]

3. Discharge. Discharge from convalescent status is governed as follows. A. If the chief administrative officer of the psychiatric hospital determines that, in view of the condition of the patient, convalescent status is no longer necessary, the chief administrative officer shall discharge the patient and make a report of the discharge to the commissioner. [PL 2007, c. 319, §16 (AMD).] B. The chief administrative officer shall terminate the convalescent status of a voluntary patient within 10 days after the day the chief administrative officer receives from the patient a request for discharge from convalescent status. [PL 1997, c. 422, §22 (AMD).] C. Discharge from convalescent status occurs upon expiration of the period of involuntary commitment. [PL 2005, c. 519, Pt. BBBB, §11 (NEW); PL 2005, c. 519, Pt. BBBB, §20 (AFF).] [PL 2007, c. 319, §16 (AMD).]

4. Rehospitalization. Rehospitalization of patients under this section is governed as follows. A. If, prior to discharge, there is reason to believe that it is in the best interest of an involuntarily committed patient on convalescent status to be rehospitalized, or if an involuntarily committed patient on convalescent status poses a likelihood of serious harm, the commissioner, or the chief administrative officer of the psychiatric hospital with the approval of the commissioner, may issue an order for the immediate rehospitalization of the patient. [PL 2007, c. 319, §16 (AMD).] B. [PL 1997, c. 422, §22 (RP).] C. If the order is not voluntarily complied with, an involuntarily committed patient on convalescent leave may be returned to the psychiatric hospital if the following conditions are met: (1) An order is issued pursuant to paragraph A ; (2) The order is brought before a District Court Judge or justice of the peace; and (3) Based upon clear and convincing evidence that return to the psychiatric hospital is in the patient's best interest or that the patient poses a likelihood of serious harm, the District Court Judge or justice of the peace approves return to the psychiatric hospital. After approval by the District Court Judge or justice of the peace, a law enforcement officer may take the patient into custody and arrange for transportation of the patient in accordance with the provisions of section 3863, subsection 4 . This paragraph does not preclude the use of protective custody by law enforcement officers pursuant to section 3862 . [PL 2007, c. 319, §16 (AMD).] [PL 2007, c. 319, §16 (AMD).]

5. Notice of change of status. Notice of the change of convalescent status of patients is governed as follows. A. If the convalescent status of a patient in a psychiatric hospital is to be changed, either because of a decision of the chief administrative officer of the psychiatric hospital or because of a request made by a voluntary patient, the chief administrative officer of the psychiatric hospital shall immediately make a good faith attempt to notify, by telephone, personal communication or letter, of the contemplated change: (1) The parent or guardian of a minor patient; (2) The guardian of an adult incompetent patient, if any is known; or (3) The spouse or adult next of kin of an adult competent patient, unless the patient requests in writing that the notice not be given. If the chief administrative officer of the psychiatric hospital to which the patient is currently admitted has reason to believe that notice to any of the individuals listed in this paragraph would pose risk of harm to the person, then notice may not be given to that individual. [PL 2007, c. 319, §16 (AMD).] B. If the change in convalescent status is due to the request of a voluntary patient, the chief administrative officer of the psychiatric hospital shall give the required notice within 10 days after the day the chief administrative officer receives the request. [PL 2007, c. 319, §16 (AMD).] C. The psychiatric hospital is not liable when good faith attempts to notify the parents, spouse or guardian have failed. [PL 2007, c. 319, §16 (AMD).] [PL 2007, c. 319, §16 (AMD).]
34-B M.R.S. § 3801 — ME Code / Title 34-B / Chapter 3 / Section 3801
34-B §3801. Definitions
Status: in_force

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

1. Hospital. [PL 2007, c. 319, §1 (RP).]

1-A. Designated nonstate mental health institution. "Designated nonstate mental health institution" means a nonstate mental health institution that is under contract with the department for receipt by the hospital of involuntary patients. [PL 1995, c. 496, §1 (NEW).]

1-B. Least restrictive form of transportation. "Least restrictive form of transportation" means the vehicle used for transportation and any restraining devices that may be used during transportation that impose the least amount of restriction, taking into consideration the stigmatizing impact upon the individual being transported. [PL 1997, c. 422, §4 (NEW).]

2. Licensed physician. "Licensed physician" means a person licensed under the laws of the State to practice medicine or osteopathy or a medical officer of the Federal Government while in this State in the performance of official duties. [RR 2019, c. 2, Pt. B, §94 (COR).]

3. Licensed clinical psychologist. "Licensed clinical psychologist" means a person licensed under the laws of the State as a psychologist and who practices clinical psychology. [PL 1983, c. 459, §7 (NEW).]

4. Likelihood of serious harm. [PL 2009, c. 651, §3 (RP).]

4-A. Likelihood of serious harm. "Likelihood of serious harm" means: A. A substantial risk of physical harm to the person as manifested by recent threats of, or attempts at, suicide or serious self-inflicted harm; [PL 2009, c. 651, §4 (NEW).] B. A substantial risk of physical harm to other persons as manifested by recent homicidal or violent behavior or by recent conduct placing others in reasonable fear of serious physical harm; [PL 2009, c. 651, §4 (NEW).] C. A reasonable certainty that the person will suffer severe physical or mental harm as manifested by recent behavior demonstrating an inability to avoid risk or to protect the person adequately from impairment or injury; or [PL 2009, c. 651, §4 (NEW).] D. For the purposes of section 3873‑A , in view of the person's treatment history, current behavior and inability to make an informed decision, a reasonable likelihood that the person's mental health will deteriorate and that the person will in the foreseeable future pose a likelihood of serious harm as defined in paragraphs A , B or C . [PL 2009, c. 651, §4 (NEW).] [PL 2009, c. 651, §4 (NEW).]

4-B. Medical practitioner. "Medical practitioner" or "practitioner" means a licensed physician, licensed physician associate, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist. [PL 2019, c. 627, Pt. B, §20 (AMD); PL 2025, c. 316, §3 (REV).]

5. Mentally ill person. "Mentally ill person" means a person having a psychiatric or other disease that substantially impairs that person's mental health or creates a substantial risk of suicide. "Mentally ill person" includes persons suffering effects from the use of drugs, narcotics, hallucinogens or intoxicants, including alcohol. A person with developmental disabilities or a person diagnosed as a sociopath is not for those reasons alone a mentally ill person. [PL 2009, c. 651, §6 (AMD).]

6. Nonstate mental health institution. "Nonstate mental health institution" means a public institution, a private institution or a mental health center, which is administered by an entity other than the State and which is equipped to provide inpatient care and treatment for the mentally ill. [PL 1983, c. 459, §7 (NEW).]

7. Patient. "Patient" means a person under observation, care or treatment in a psychiatric hospital or residential care facility pursuant to this subchapter, a person receiving services from an assertive community treatment team, a person receiving intensive mental health management services from the department or a person being evaluated for emergency admission under section 3863 in a hospital emergency department. [PL 2009, c. 651, §7 (AMD).]

7-A. Progressive treatment program. "Progressive treatment program" or "program" means a program of court-ordered services provided to participants under section 3873‑A . [PL 2009, c. 651, §8 (AMD).]

7-B. Psychiatric hospital. "Psychiatric hospital" means: A. A state mental health institute; [PL 2009, c. 651, §9 (AMD).] B. A nonstate mental health institution; or [PL 2009, c. 651, §9 (AMD).] C. A designated nonstate mental health institution. [PL 2009, c. 651, §9 (NEW).] [PL 2009, c. 651, §9 (AMD).]

7-C. Prescriber. "Prescriber" means a licensed health care provider with authority to prescribe, including a licensed physician, certified nurse practitioner or licensed physician associate who has training or experience in psychopharmacology. [PL 2021, c. 540, §1 (NEW); PL 2025, c. 316, §3 (REV).]

8. Residential care facility. "Residential care facility" means a licensed or approved boarding care, nursing care or foster care facility which supplies supportive residential care to individuals due to their mental illness. [PL 1983, c. 459, §7 (NEW).]

8-A. Severe and persistent mental illness. "Severe and persistent mental illness" means a diagnosis of one or more qualifying mental illnesses or disorders plus a listed disability or functional impairment that has persisted continuously or intermittently or is expected to persist for at least one year as a result of that disease or disorder. The qualifying mental illnesses or disorders are schizophrenia, schizoaffective disorder or other psychotic disorder, major depressive disorder, bipolar disorder or a combination of mental disorders sufficiently disabling to meet the criteria of functional disability. The listed disabilities or functional impairments, which must result from a diagnosed qualifying mental illness or disorder, include inability to adequately manage one's own finances, inability to perform activities of daily living and inability to behave in ways that do not bring the attention of law enforcement for dangerous acts or for acts that manifest the person's inability to protect the person from harm. [PL 2005, c. 519, Pt. BBBB, §3 (NEW); PL 2005, c. 519, Pt. BBBB, §20 (AFF).]

9. State mental health institute. "State mental health institute" means the Riverview Psychiatric Center or the Dorothea Dix Psychiatric Center. [PL 1983, c. 459, §7 (NEW); PL 2005, c. 236, §§3, 4 (REV).]

10. Inability to make an informed decision. "Inability to make an informed decision" means being unable to make a responsible decision whether to accept or refuse a recommended treatment as a result of lack of mental capacity to understand sufficiently the benefits and risks of the treatment after a thorough and informative explanation has been given by a qualified mental health professional. [PL 2005, c. 519, Pt. BBBB, §3 (NEW); PL 2005, c. 519, Pt. BBBB, §20 (AFF).]

11. Assertive community treatment. "Assertive community treatment" or "ACT" means a self-contained service with a fixed point of responsibility for providing treatment, rehabilitation and support services to persons with mental illness for whom other community-based treatment approaches have been unsuccessful. Assertive community treatment uses clinical and rehabilitative staff to address symptom stability; relapse prevention; maintenance of safe, affordable housing in normative settings that promote well-being; establishment of natural support networks to combat isolation and withdrawal; the minimizing of involvement with the criminal justice system; individual recovery education; and services to enable the person to function at a work site. Assertive community treatment is provided by multidisciplinary teams who are on duty 24 hours per day, 7 days per week; teams must include a prescriber, registered nurse or licensed practical nurse, certified rehabilitation counselor or certified employment specialist, a peer recovery specialist and a substance use disorder counselor and may include an occupational therapist, community-based mental health rehabilitation technician, psychologist, licensed clinical social worker or licensed clinical professional counselor. An ACT team member who is a state employee is, while in good faith performing a function as a member of an ACT team, performing a discretionary function within the meaning of Title 14, section 8104‑B, subsection 3 . [PL 2021, c. 540, §2 (AMD).]

12. Electronic endorsement. "Electronic endorsement" has the same meaning as "electronic signature" in Title 4, section 17, subsection 18, paragraph A . [PL 2023, c. 66, §1 (NEW).]
34-A M.R.S. § 11405 — ME Code / Title 34-A / Chapter 19 / Section 11405
34-A §11405. Expenses
Status: in_force

Members of the commission may not be compensated for expenses incurred or related to the activities of the commission. [PL 2015, c. 86, §4 (NEW).]
34-A M.R.S. § 3036-B — ME Code / Title 34-A / Chapter 3 / Section 3036-B
34-A §3036-B. Reentry houses
Status: in_force

1. Reentry house defined; requirement. For purposes of this section, "reentry house" means a correctional program provided by the department through a written contract with one or more private employers under which the employers provide and maintain housing for specified prisoners, employ those prisoners and provide to those prisoners all meals, laundry facilities and transportation to and from job sites. A reentry house is not a correctional facility. A reentry house must meet all state and local building and life safety codes for the type of building in which the reentry house is located. [PL 2019, c. 396, §1 (NEW).]

2. Contract. The commissioner may enter into contracts for the establishment of reentry houses for the purpose of providing housing and other assistance to prisoners transferred to supervised community confinement under section 3036‑A . [PL 2019, c. 396, §1 (NEW).]

3. Other assistance. The department shall employ, or contract for, program staff to provide other assistance to prisoners housed at a reentry house, including, but not limited to, assistance with reentry planning. [PL 2019, c. 396, §1 (NEW).]

4. Transfer. A prisoner may be transferred to supervised community confinement to be housed in a reentry house only if the prisoner meets all of the eligibility requirements of section 3036‑A and the rules adopted by the commissioner pursuant to section 3036‑A , has successfully participated in a work release program at a department facility and has the skills necessary to perform a job available from a private employer with which the department has contracted. [PL 2019, c. 396, §1 (NEW).]

5. Supervision. All of the provisions of section 3036‑A and the rules adopted by the commissioner pursuant to section 3036‑A apply to a prisoner housed at a reentry house, and supervision of the prisoner must be conducted by a probation officer in the same manner as for any other prisoner transferred to supervised community confinement. [PL 2019, c. 396, §1 (NEW).]

6. Escape. A prisoner who is transferred to supervised community confinement who intentionally violates a requirement to reside at a reentry house or otherwise escapes is guilty of escape under Title 17‑A, section 755 . [PL 2019, c. 396, §1 (NEW).]
34-A M.R.S. § 3071 — ME Code / Title 34-A / Chapter 3 / Section 3071
34-A §3071. Removal for disease
Status: in_force

1. Dangerous diseases. [PL 1983, c. 581, §§30, 59 (RP).]

2. Contagious diseases. If a client in any correctional or detention facility requires medical care outside the facility, the commissioner may: A. Cause the client to be removed to some suitable place of security where the client will receive all necessary care and medical attention; and [PL 1999, c. 583, §15 (AMD).] B. Cause the client to be returned as soon as possible to the facility to be confined according to the sentence, if unexpired. [PL 1999, c. 583, §15 (AMD).] [PL 1999, c. 583, §15 (AMD).]

3. Tuberculosis. [PL 1991, c. 314, §60 (RP).]

4. Civil action to recover certain costs. The State may bring a civil action in any court of competent jurisdiction to recover the cost of any medical, dental, psychiatric or psychological expenses incurred by the State on behalf of a client under this section. The following assets are not subject to judgment under this subsection: A. Joint ownership, if any, that the client may have in real property; [PL 1991, c. 314, §61 (AMD).] B. Joint ownership, if any, that the client may have in any assets, earnings or other sources of income; and [PL 1991, c. 314, §61 (AMD).] C. The income, assets, earnings or other property, both real and personal, owned by the client's spouse or family. [PL 1991, c. 314, §61 (AMD).] [PL 1991, c. 314, §61 (AMD).]
34-B M.R.S. § 5439 — ME Code / Title 34-B / Chapter 5 / Section 5439
34-B §5439. Program of state-funded consumer-directed personal care assistance services (REALLOCATED FROM TITLE 34-B, SECTION 5438)
Status: in_force

(REALLOCATED FROM TITLE 34-B, SECTION 5438)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Applicant" means a person who has applied or is applying for services through the program. [PL 2007, c. 695, Pt. A, §41 (RAL).] B. "Consumer" means a person who has been determined to be eligible under subsection 3 . [PL 2007, c. 695, Pt. A, §41 (RAL).] C. [PL 2011, c. 657, Pt. CC, §1 (RP).] D. "Program" means the program of state-funded consumer-directed personal care assistance services. [PL 2007, c. 695, Pt. A, §41 (RAL).] [PL 2011, c. 657, Pt. CC, §1 (AMD).]

2. Program administration. The commissioner shall administer the program under this section. Within available funds, the commissioner shall ensure that services are delivered in the most comprehensive manner possible and shall strive to maximize the participation of adults with disabilities. [PL 2011, c. 657, Pt. CC, §2 (AMD).]

3. Eligibility. An applicant is eligible for personal care assistance services under the program if the commissioner or the commissioner's designee determines that the person is an adult who: A. Has a severe disability; [PL 2007, c. 695, Pt. A, §41 (RAL).] B. Needs personal care assistance services or an attendant at night or both to prevent or remove the adult from inappropriate placement in an institutional setting; and [PL 2007, c. 695, Pt. A, §41 (RAL).] C. Has no or insufficient personal income or other support from public services, family members or neighbors. [PL 2007, c. 695, Pt. A, §41 (RAL).] [PL 2011, c. 657, Pt. CC, §2 (AMD).]

4. Consumer cost sharing. The commissioner shall establish a sliding scale for consumer cost sharing for services provided under the program. The sliding scale must be based on the net income of the consumer, factoring in the expenses associated with the consumer's disability, and may take assets into consideration. [PL 2011, c. 657, Pt. CC, §2 (AMD).]

5. Evaluation teams. The commissioner shall designate evaluation teams to assist the department with evaluations of applicants and consumers. A. Each evaluation team must include the applicant or consumer and at least one registered nurse or registered occupational therapist. [PL 2007, c. 695, Pt. A, §41 (RAL).] B. For each applicant or consumer evaluated by an evaluation team, the team shall assist the department to: (1) Determine the eligibility of the applicant or consumer for services under the program; (2) Determine the capability of the applicant or consumer, at the time of evaluation or after skills training provided pursuant to subsection 6 , to hire and direct a personal care assistant; and (3) Reevaluate the applicant or consumer periodically to determine continuing need for the services. [PL 2011, c. 657, Pt. CC, §3 (AMD).] [PL 2011, c. 657, Pt. CC, §3 (AMD).]

6. Skills training. When sufficient funds are available, the commissioner shall arrange for skills training for consumers in the following areas by the following individuals: A. Personal health management skills to maximize personal well-being in relation to the consumer's disability, including all aspects of prevention, maintenance and treatment techniques, provided by a registered nurse or other qualified person experienced in the rehabilitation of the severely disabled; [PL 2007, c. 695, Pt. A, §41 (RAL).] B. Personal care assistant management skills, including training in recruiting, hiring and managing a personal care assistant, scheduling and potential problems, provided by a registered nurse or other qualified person experienced in the rehabilitation of the severely disabled; and [PL 2007, c. 695, Pt. A, §41 (RAL).] C. Functional skills required to maximize the consumer's abilities in activities of daily living, provided by a registered occupational therapist or other qualified person experienced in the rehabilitation of the severely disabled. [PL 2007, c. 695, Pt. A, §41 (RAL).] [PL 2007, c. 695, Pt. A, §41 (RAL).]

7. Relatives as providers. The department may not refuse to pay a relative of a consumer for the provision of services under the program if the relative is qualified to provide the services and payment is not prohibited by law or rule or federal regulation. [PL 2007, c. 695, Pt. A, §41 (RAL).]

8. Review of reimbursement rates. By January 1, 2008 and every 2 years thereafter, the commissioner shall review the rates of reimbursement under the program. As part of the review, the following provisions apply. A. The commissioner shall: (1) Ensure the input of consumers, personal assistants and any organization that represents personal assistants regarding providing a livable wage for personal care assistance services. The commissioner may seek input through one or more public hearings or by other means determined reasonable by the commissioner. [PL 2009, c. 369, Pt. A, §34 (AMD).] B. If the commissioner determines that an increase in one or more of the reimbursement rates is necessary after the review required in this subsection, the commissioner shall adopt rules to accomplish the required rate increase. In making a determination under this subsection, the commissioner shall consider using any savings realized from an expansion of consumer-directed services to increase wages and benefits for personal care assistants. [PL 2007, c. 695, Pt. A, §41 (RAL).] C. The commissioner shall determine rates of reimbursement that include allowable administrative costs and that use available resources to maximize wages and benefits for personal care assistants and hours of services for consumers. [PL 2007, c. 695, Pt. A, §41 (RAL).] [PL 2009, c. 369, Pt. A, §34 (AMD).]

9. Rulemaking. The commissioner shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A , except that rules regarding consumer cost sharing under subsection 4 are major substantive rules as defined by that subchapter. [PL 2007, c. 695, Pt. A, §41 (RAL).]
34-B M.R.S. § 6202 — ME Code / Title 34-B / Chapter 6 / Section 6202
34-B §6202. Policy
Status: in_force

1. Services. It is the policy of the State to provide an efficient, coordinated statewide system of services to children in need of treatment and their families, including a comprehensive system of family support services, insofar as resources permit. [PL 1987, c. 349, §23 (AMD).]

2. Spiritual treatment. Nothing in this subchapter may replace or limit the right of any child to treatment in accordance with a recognized religious method of healing, if the treatment is requested by the person or by the person's parent or guardian. [RR 2019, c. 2, Pt. B, §102 (COR).]

3. Setting. It is the policy of the State that the setting for the services described in this subchapter shall, consistent with the availability of appropriate resources: A. Impose the fewest possible restrictions on the liberty of children in need of treatment; and [PL 1985, c. 503, §12 (NEW).] B. Be as close as possible to the patterns and norms of the mainstream of society, recognizing regional, cultural and ethnic characteristics. [PL 1985, c. 503, §12 (NEW).] [PL 1985, c. 503, §12 (NEW).]

4. Other agencies. Nothing in this subchapter may be construed to constrain or impair the Department of Corrections, Department of Education, Department of Health and Human Services or any other state agency in carrying out statutorily mandated responsibilities to children and their families or to alter or diminish any services, benefits or entitlements received by virtue of the statutory responsibilities. [PL 1989, c. 700, Pt. A, §165 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
34-B M.R.S. § 3867 — ME Code / Title 34-B / Chapter 3 / Section 3867
34-B §3867. Transfer from out-of-state institutions
Status: in_force

1. Commissioner's authority. The commissioner may, upon request of a competent authority of the District of Columbia or of a state that is not a member of the Interstate Compact on Mental Health, authorize the transfer of a mentally ill person directly to a state mental health institute in Maine, if: A. The person has resided in this State for a consecutive period of one year during the 3-year period immediately preceding commitment in the other state or the District of Columbia; [PL 2007, c. 319, §13 (AMD).] B. The person is currently confined in a recognized institution for the care of the mentally ill as the result of proceedings considered legal by that state or by the District of Columbia; [PL 2007, c. 319, §13 (AMD).] C. A duly certified copy of the original commitment proceedings and a copy of the person's case history is supplied; [PL 2007, c. 319, §13 (AMD).] D. The commissioner, after investigation, considers the transfer justifiable; and [PL 1997, c. 422, §20 (AMD).] E. All expenses of the transfer are borne by the agency requesting it. [PL 1983, c. 459, §7 (NEW).] [PL 2007, c. 319, §13 (AMD).]

2. Receipt of patient. When the commissioner has authorized a transfer under this section, the superintendent of the state mental health institute designated by the commissioner shall receive the patient as having been regularly committed to the state mental health institute under section 3864 . [PL 2007, c. 319, §13 (AMD).]
34-B M.R.S. § 5431 — ME Code / Title 34-B / Chapter 5 / Section 5431
34-B §5431. Purpose
Status: in_force

The purpose of this Article is to assist in the establishment and expansion of community-based adult developmental services and programs for persons with intellectual disabilities or autism residing in the community and residing in privately operated residential care facilities. [PL 2011, c. 542, Pt. A, §94 (AMD).]
34-B M.R.S. § 7015 — ME Code / Title 34-B / Chapter 7 / Section 7015
34-B §7015. Penalties
Status: in_force

1. Violations. Anyone knowingly or willfully violating section 7009, subsection 1 , is guilty of a Class D crime. [PL 1983, c. 459, §7 (NEW).]

2. Falsification of petition; aiding or procuring unlawful sterilization. Anyone knowingly or willfully falsifying a petition under this chapter or otherwise aiding or procuring the performance of a sterilization without a court order in a situation covered by this chapter is guilty of a Class D crime. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 4106 — ME Code / Title 34-A / Chapter 3 / Section 4106
34-A §4106. Powers of employees
Status: in_force

Employees of the Mountain View Correctional Facility have the same power as sheriffs in their respective counties to search for and apprehend escapees from the facility, when authorized to do so by the warden. [PL 2023, c. 135, §17 (AMD).]
34-B M.R.S. § 6203 — ME Code / Title 34-B / Chapter 6 / Section 6203
34-B §6203. Commissioner's duties
Status: in_force

1. System. In order to facilitate the development and operation of a coordinated, statewide system of services to children in need of treatment and their families, the commissioner shall: A. Provide a decentralized administrative structure for the provision of services to children in need of treatment and their families; [PL 1985, c. 503, §12 (NEW).] B. Work toward the provision of normalized services through the establishment of in-home, community-based, family-oriented programs for the child in need of treatment. If treatment in an out-of-home or out-of-community setting becomes necessary, it should be in the least restrictive setting consistent with needs of the child, commensurate with the resources available to the bureau and in coordination with services and resources of other state agencies serving children and their families; [PL 1985, c. 503, §12 (NEW).] C. Continue coordination and linkage with other agencies, programs and systems that serve children and their families on a state, regional and local level, so as to encourage effective and efficient procedures and practice in the delivery of services to children in need of treatment and their families; [PL 1985, c. 503, §12 (NEW).] D. Place a high priority on continued participation with the Department of Education in preventive intervention services to families of children in need of treatment; [RR 2003, c. 2, §105 (COR).] E. Strive to ensure that all services and programs are adequately staffed by persons appropriately qualified by training and experience; [PL 1985, c. 503, §12 (NEW).] F. Publicize the availability of services to children in need of treatment to ensure that these services are accessible to the greatest possible number of children and their families; [PL 1985, c. 503, §12 (NEW).] G. Ensure that all children in need of treatment and their families are notified of their rights to advocacy services available in this State; [PL 1987, c. 349, Pt. H, §24 (AMD).] H. Ensure that rules are adopted that specify the procedures by which a parent or guardian of a child in need of treatment may appeal decisions made relative to services provided by the bureau; [PL 1991, c. 452, §2 (AMD).] I. Provide a comprehensive system of support services, including respite care, to families with children in need of treatment; [PL 1991, c. 452, §3 (AMD).] J. Require that any new contract for mental health services be awarded through a request-for-proposal procedure and any contract for mental health services of $500,000 per year or more that is renewed be awarded through a request-for-proposal procedure at least every 8 years, except for the following. (1) Renewal contracts for a provider are not subject to the request-for-proposal procedure requirement if all contracts executed with that provider under this subsection are performance-based contracts. (2) Notwithstanding subparagraph (1), the department shall subject a contract to a request-for-proposal procedure when necessary to comply with paragraph L ; [PL 1993, c. 624, §3 (AMD).] K. Establish a procedure to obtain assistance and advice from consumers of mental health services regarding the selection of contractors when requests for proposals are issued for mental health services; and [PL 1993, c. 624, §3 (AMD).] L. Require that a contract under this subsection that is subject to renewal be awarded through a request-for-proposal procedure if the department determines that: (1) The provider has breached the existing contract; (2) The provider has failed to correct deficiencies cited by the department; (3) The provider is inefficient or ineffective in the delivery of services and is unable or unwilling to improve its performance within a reasonable time; or (4) The provider can not or will not respond to a reconfiguration of service delivery requested by the department. [PL 1993, c. 624, §4 (NEW).] [RR 2003, c. 2, §105 (COR).]

2. Plan. The commissioner shall serve as an advocate for children in need of treatment; shall monitor, review and evaluate not less than annually the allocation and adequacy of services provided by the department; and shall prepare and maintain a plan that meets the following criteria. A. The plan must indicate the most effective and efficient manner in which to implement services and programs for children in need of treatment and their families, while safeguarding and respecting the legal and human rights of these children and families. [PL 1995, c. 560, Pt. K, §70 (AMD).] B. The plan must specifically indicate how gaps in services for children in need of treatment and their families can best be met. [PL 1995, c. 560, Pt. K, §70 (AMD).] C. The plan must establish a procedure for setting priorities among the various services required by children in need of treatment and their families, in cooperation with other agencies of State Government that provide services to children and families, including, but not limited to, the Department of Corrections and Department of Education. [RR 2003, c. 2, §106 (COR).] D. The plan must specifically indicate the department's efforts in ensuring that services to children in need of treatment and their families are effectively coordinated with existing resources and procedures of all the department's institutions and programs. [PL 1995, c. 560, Pt. K, §70 (AMD).] E. The plan must be prepared in the even-numbered years for submission to the joint standing committee of the Legislature having jurisdiction over human resources and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs no later than January 30th of the odd-numbered years. [PL 1995, c. 560, Pt. K, §70 (AMD).] F. The plan must ensure that children with divergent treatment needs are not inappropriately mixed while in residence at state-operated facilities for children with special needs. [PL 1995, c. 560, Pt. K, §70 (AMD).] G. The plan must indicate the State's progress in ensuring the development of an array of family support services to enable families to more adequately maintain their children in need of treatment in their natural homes and communities. [PL 1995, c. 560, Pt. K, §70 (AMD).] [RR 2003, c. 2, §106 (COR).]
34-B M.R.S. § 3614 — ME Code / Title 34-B / Chapter 3 / Section 3614
34-B §3614. Crisis receiving centers (WHOLE SECTION CONFLICT: Text as reallocated by PL 2025, c. 390, Pt. A, §56) (REALLOCATED FROM TITLE 34-B, SECTION 3613)
Status: in_force

(CONFLICT)

(WHOLE SECTION CONFLICT: Text as reallocated by PL 2025, c. 390, Pt. A, §56)

(REALLOCATED FROM TITLE 34-B, SECTION 3613)

1. Definition. As used in this section, unless the context otherwise indicates, "crisis receiving center" means a center that provides immediate and short‑term walk‑in access to an array of both clinical and nonclinical mental health and substance use disorder crisis stabilization services to all individuals seeking care regardless of severity or insurance coverage and within bounds of licensing. [PL 2023, c. 675, §9 (NEW); PL 2025, c. 390, Pt. A, §56 (RAL).]

2. Department to develop plan and serve as coordinator. The department shall develop a plan for a network of community‑based crisis receiving centers across the State to support both clinical and nonclinical mental health and substance use disorder crisis stabilization services. The department shall also coordinate meetings, technical assistance and training and provide other assistance to help create, maintain and, as necessary, expand the network. [PL 2023, c. 675, §9 (NEW); PL 2025, c. 390, Pt. A, §56 (RAL).]

3. Guidelines. In carrying out its duties under subsection 2, the department shall: A. Consult with law enforcement agencies, municipalities, public health experts, behavioral health care providers, other states and others as appropriate; [PL 2023, c. 675, §9 (NEW); PL 2025, c. 390, Pt. A, §56 (RAL).] B. Assess geographical locations for maximization of community impact; [PL 2023, c. 675, §9 (NEW); PL 2025, c. 390, Pt. A, §56 (RAL).] C. Provide technical assistance to persons and entities across the State and providers interested in joining the network; [PL 2023, c. 675, §9 (NEW); PL 2025, c. 390, Pt. A, §56 (RAL).] D. Coordinate regular meetings with crisis receiving centers and provide technical assistance to crisis receiving centers; and [PL 2023, c. 675, §9 (NEW); PL 2025, c. 390, Pt. A, §56 (RAL).] E. Engage in continual process improvement and planning updates. [PL 2023, c. 675, §9 (NEW); PL 2025, c. 390, Pt. A, §56 (RAL).] [PL 2023, c. 675, §9 (NEW); PL 2025, c. 390, Pt. A, §56 (RAL).]
34-B M.R.S. § 9002 — ME Code / Title 34-B / Chapter 9 / Section 9002
34-B §9002. Definitions--Article II
Status: in_force

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

1. Aftercare. "Aftercare" means care, treatment and services provided a patient, as defined, on convalescent status or conditional release. [PL 1983, c. 459, §7 (NEW).]

2. Institution. "Institution" means any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency. [PL 1983, c. 459, §7 (NEW).]

3. Mental deficiency. "Mental deficiency" means mental deficiency as defined by appropriate clinical authorities to such extent that a person is incapable of managing that person's affairs, but may not include mental illness. [PL 2009, c. 299, Pt. A, §7 (AMD).]

4. Mental illness. "Mental illness" means mental disease to such extent that a person requires care and treatment for that person's own welfare or the welfare of others or of the community. [PL 2009, c. 299, Pt. A, §8 (AMD).]

5. Patient. "Patient" means any person subject to or eligible, as determined by the laws of the sending state, for institutionalization or other care, treatment or supervision pursuant to this compact. [PL 1983, c. 459, §7 (NEW).]

6. Receiving state. "Receiving state" means a party state to which a patient is transported pursuant to the compact or to which it is contemplated that a patient may be so sent. [PL 1983, c. 459, §7 (NEW).]

7. Sending state. "Sending state" means a party state from which a patient is transported pursuant to the compact or from which it is contemplated that a patient may be so sent. [PL 1983, c. 459, §7 (NEW).]

8. State. "State" means any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 7014 — ME Code / Title 34-B / Chapter 7 / Section 7014
34-B §7014. Confidentiality; court costs
Status: in_force

1. Confidentiality of proceedings and records. All court proceedings occurring under this chapter are confidential and closed to the public, unless the person seeking sterilization or being considered for sterilization, personally or through that person's attorney, requests that the proceedings be open to the public. Records of the court proceedings are not open to inspection by the public without the consent, personally or through that person's attorney, of the person seeking sterilization or for whom sterilization is being considered. [PL 1993, c. 360, Pt. I, §2 (AMD).]

2. Costs and fees. The court, after considering the financial resources of the parties concerned and the source of a petition under this chapter, shall assess court costs and attorneys' fees. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 5201 — ME Code / Title 34-B / Chapter 5 / Section 5201
34-B §5201. Duties
Status: in_force

The Department of Health and Human Services is responsible for: [PL 1995, c. 560, Pt. K, §47 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

1. Institutional programs. [PL 2007, c. 356, §18 (RP); PL 2007, c. 356, §31 (AFF).]

2. Statewide system. The planning, promotion, coordination and development of a complete and integrated statewide system of services for adults with intellectual disabilities or autism; [PL 2011, c. 542, Pt. A, §91 (AMD).]

3. Liaison. Serving as liaison, coordinator and consultant to the several state departments in order to develop the statewide system of services for adults with intellectual disabilities or autism; [PL 2011, c. 542, Pt. A, §91 (AMD).]

4. Community-based services. Ensuring that adults with intellectual disabilities or autism residing in community residential facilities, including nursing homes, boarding homes, foster homes, group homes or halfway houses licensed by the Department of Health and Human Services, are provided, insofar as possible, with residential accommodations and access to habilitation services appropriate to their needs; [PL 2011, c. 542, Pt. A, §91 (AMD).]

5. Protective and supportive services. Providing protective and supportive services, in accordance with section 5203 , to incapacitated and dependent persons who, with some assistance, are capable of living and functioning in society; [PL 2007, c. 356, §18 (AMD); PL 2007, c. 356, §31 (AFF).]

6. Individual support coordinators. Providing persons with intellectual disabilities or autism who are eligible for MaineCare services with case management services. A. Case management services as defined in rules may be provided by qualified staff employed by the department or a contracted agency. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).] B. Unless otherwise specified in personal planning: (1) Case managers shall maintain at least monthly contact with each person in order to ensure that the quality and availability of services and consumer satisfaction are maintained at a high level; and (2) Visits to the person’s home must occur at least twice a year. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).] C. The department shall ensure that case managers maintain adequate written and electronic records to permit monitoring and accountability. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).] D. The department shall provide sufficient numbers of case managers and supervisors to fulfill the duties specified in this subsection and shall maintain an overall ratio of one case manager to every 35 people in each region. The ratio must be calculated separately for staff employed by the department and by contracted agencies, and this ratio must be maintained for each group; [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).] [PL 2011, c. 542, Pt. A, §92 (AMD).]

7. Crisis and respite. Provision of crisis and respite services to persons with intellectual disabilities or autism in accordance with section 5206 ; and [PL 2011, c. 542, Pt. A, §92 (AMD).]

8. Quality assurance. Developing through its comprehensive planning process goals and objectives for the department’s quality assurance program. A. The department shall determine at least annually appropriate quality assurance activities and strategies to achieve the goals and objectives of the program, with the overall purpose of assessing the quality of services and supports, consumer and family satisfaction with such services and supports and the consistency of such services and supports with the principles guiding delivery of services and supports as set forth in section 5610 . [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).] B. The department shall prepare an annual report of its quality assurance activities and such other periodic reports as it determines appropriate. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).] C. The department shall develop appropriate procedures for formulating and disseminating recommendations emanating from its quality assurance activities and for ensuring follow-up of the implementation of such recommendations. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).] [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]

9. Rules. The department shall adopt rules to implement this section as necessary. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A . [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
34-B M.R.S. § 3804 — ME Code / Title 34-B / Chapter 3 / Section 3804
34-B §3804. Habeas corpus
Status: in_force

Any person detained pursuant to this subchapter is entitled to the writ of habeas corpus, upon proper petition by the person or by a friend to any justice generally empowered to issue the writ of habeas corpus in the county in which the person is detained. [RR 2019, c. 2, Pt. B, §96 (COR).]
34-A M.R.S. § 3001-A — ME Code / Title 34-A / Chapter 3 / Section 3001-A
34-A §3001-A. Boards of visitors
Status: in_force

1. Appointment. The Governor shall appoint a board of 7 visitors for each correctional facility under the department, as authorized by Title 5, section 12004‑I, subsection 5 . A. The terms of the members of the boards of visitors are for 3 years. [PL 2005, c. 683, Pt. B, §26 (NEW).] B. Members of the boards of visitors are eligible for reappointment at the expiration of their terms. [PL 2005, c. 683, Pt. B, §26 (NEW).] C. A member of the Legislature or an employee of the department may not serve on any board of visitors. [PL 2005, c. 683, Pt. B, §26 (NEW).] D. At least one member of each board must be a person licensed by this State to provide mental health services. [PL 2005, c. 683, Pt. B, §26 (NEW).] E. Each member of the boards of visitors must be compensated according to the provisions of Title 5, chapter 379 . [PL 2005, c. 683, Pt. B, §26 (NEW).] F. The Governor shall appoint a chair from the membership. [PL 2005, c. 683, Pt. B, §26 (NEW).] G. At least one member of each board of visitors must have been incarcerated in a correctional facility. [PL 2023, c. 383, §2 (NEW).] [PL 2023, c. 383, §2 (AMD).]

1-A. Boards of visitors for women's services; membership. The Governor shall appoint boards of visitors for women's services to inspect correctional facilities housing female clients and, with regard to female clients, perform the duties assigned to boards of visitors appointed pursuant to subsection 1 . Boards of visitors for women's services shall ensure that the incarceration of and services provided to female clients are designed to meet their gender identity needs and reflect best practices established for such incarceration and services. Boards of visitors for women's services are otherwise subject to the same requirements and responsibilities under this section as a board of visitors appointed pursuant to subsection 1 , except that, in addition to the member described in subsection 1, paragraph D , a board of visitors for women's services must include one member who was formerly incarcerated in the custody of the department and who has prior child welfare experience with the Department of Health and Human Services, Office of Child and Family Services, one member who represents a health care provider that provides sexual and reproductive health care and education, one member who is a health care practitioner who provides sexual and reproductive health care and education to women and one member who has an understanding of or experience with domestic violence. [PL 2021, c. 620, §5 (NEW).]

2. Duties. Boards of visitors have the following duties. A. Each board of visitors shall inspect the correctional facility to which it is assigned. Each board of visitors must be provided open access to all physical areas of the correctional facility, including access to areas housing clients. Each board of visitors must be provided the opportunity to speak to clients and to staff. Members of the board shall comply with all departmental policies and procedures and facility security practices regarding access to the correctional facility, shall adhere to all federal and state law regarding confidentiality and shall refer concerns or complaints regarding specific individuals to the chief administrative officer or advocate. [PL 2005, c. 683, Pt. B, §26 (NEW).] B. Each board of visitors shall review the management of the correctional facility to which it is assigned to determine whether that management is consistent with the philosophy, mission and policy goals of the department and facility. On or before February 15th of each calendar year, each board of visitors shall prepare an annual report including its recommendations and shall provide copies of its report to the chief administrative officer of the facility, the commissioner and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The commissioner shall provide copies with the department's response to the reports to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters within one month of receiving the annual reports. [PL 2023, c. 383, §3 (AMD).] C. Each board of visitors shall appear before the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters upon request. [PL 2005, c. 683, Pt. B, §26 (NEW).] D. Each board of visitors shall meet regularly and tour the correctional facility to which it is assigned at least 4 times a year. At each meeting, a board of visitors may request and must receive information from the chief administrative officer that the board determines will assist in the review of the management of the facility. To the extent that a board of visitors is not discussing matters made confidential by federal or state law, a meeting of the board is a public proceeding and must be conducted in accordance with Title 1, section 403 . Boards of visitors may meet jointly. [PL 2023, c. 383, §4 (AMD).] E. Each board of visitors shall share copies of that board's annual report with the other boards. [PL 2005, c. 683, Pt. B, §26 (NEW).] [PL 2023, c. 383, §§3, 4 (AMD).]

3. Visit to correctional facilities and communications with clients and staff. A member of a board of visitors may visit the correctional facility to which that board is assigned and may speak with clients and with staff. The member shall comply with all departmental policies and procedures and facility security practices regarding access to the correctional facility, shall adhere to all federal and state law regarding confidentiality and shall refer concerns or complaints regarding specific individuals to the chief administrative officer or advocate. [PL 2005, c. 683, Pt. B, §26 (NEW).]

4. Volunteer activities. Volunteer activities of a member of a board of visitors may be proscribed by departmental policies regarding volunteer activities generally. [PL 2005, c. 683, Pt. B, §26 (NEW).]

5. Orientation and training. A board of visitors must receive annual training, including: A. Facilities orientation, including a tour of the correctional facility to which the board of visitors is assigned, explanation of the facility command structure and receipt of standards of the American Correctional Association or successor organization, facility client handbooks, volunteer policies and board of visitors policies; [PL 2023, c. 383, §5 (NEW).] B. Review of the federal Americans with Disabilities Act of 1990 and guidance concerning domestic violence, substance use disorder including opioids, behavioral health and adverse childhood trauma; [PL 2023, c. 383, §5 (NEW).] C. A list and explanation of available community resources; [PL 2023, c. 383, §5 (NEW).] D. The legal requirements of this section; and [PL 2023, c. 383, §5 (NEW).] E. Training on any other subject as determined by the commissioner or chair of the board of visitors. [PL 2023, c. 383, §5 (NEW).] [PL 2023, c. 383, §5 (NEW).]
34-A M.R.S. § 3903 — ME Code / Title 34-A / Chapter 3 / Section 3903
34-A §3903.  Warden
Status: in_force

1. Chief administrative officer. The chief administrative officer of the Downeast Correctional Facility is the warden of the Mountain View Correctional Facility, referred to in this subchapter as "the warden," and is responsible to the commissioner. [PL 2023, c. 135, §10 (AMD).]

2. Duties. In addition to other duties set out in this Title, the warden has the following duties. A. The warden shall exercise proper supervision over the employees, grounds, buildings and equipment at the Downeast Correctional Facility. [PL 2023, c. 135, §10 (AMD).] B. The warden shall supervise and control the prisoners at the Downeast Correctional Facility in accordance with departmental rules. [PL 2023, c. 135, §10 (AMD).] [PL 2023, c. 135, §10 (AMD).]

3. Powers. [PL 2019, c. 343, Pt. LLLL, §2 (RP).]
34-A M.R.S. § 3063-C — ME Code / Title 34-A / Chapter 3 / Section 3063-C
34-A §3063-C. Transfer to jails
Status: in_force

1. Transfer of prisoner. The commissioner may transfer a prisoner serving a sentence in a correctional facility to a county jail, upon the request of the chief administrative officer and the approval of the sheriff of the jail. [PL 2015, c. 335, §28 (NEW).]

2. Cost of transfer. The department shall pay the cost of the transfer or the return of the prisoner. [PL 2015, c. 335, §28 (NEW).]

3. Reimbursement. By agreement between the commissioner and the sheriff of the receiving jail pursuant to this section, the department shall pay directly to the jail reimbursement in accordance with this subsection. A. During a state fiscal year in which the funding required by section 1210‑E, subsection 2 has been appropriated to the County Jail Operations Fund and disbursements have been made equal to the amount due to the counties as required by section 1210‑E , the receiving jail may charge the department for the transferred prisoner a rate to be negotiated between the sheriff of the jail and the department that is no higher than $25 per diem per prisoner. [PL 2021, c. 732, Pt. D, §6 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).] B. During a state fiscal year in which less than the funding required by section 1210‑E, subsection 2 has been appropriated to the County Jail Operations Fund or disbursements have not been made equal to the amount due to the counties as required by section 1210‑E , the receiving jail may charge the department for the transferred prisoner a rate to be negotiated between the sheriff of the county jail and the department that is no higher than $108 per diem per prisoner. [PL 2021, c. 732, Pt. D, §6 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).] C. The department shall reimburse the receiving jail for any costs incurred in the provision of extraordinary medical or surgical treatment for conditions of the prisoner that existed prior to transfer. [PL 2015, c. 335, §28 (NEW).] D. Payment amounts provided for in this section may be adjusted or dispensed with upon terms mutually agreeable to the commissioner and the sheriff of the receiving jail. [PL 2015, c. 335, §28 (NEW).] [PL 2021, c. 732, Pt. D, §6 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).]

4. Transferee subject to rules. A prisoner transferred under this section is subject to the general rules of the facility to which the prisoner is transferred, except that for a prisoner who has been sentenced: A. The term of the original sentence remains the same unless altered by the court; [PL 2015, c. 335, §28 (NEW).] B. The prisoner becomes eligible for deductions as provided in Title 17‑A, section 2302, subsection 1 ; section 2305 ; section 2307 ; section 2308 ; section 2309 ; section 2310 ; or section 2311 for a prisoner committed to the department; [PL 2019, c. 113, Pt. C, §100 (AMD).] C. The prisoner becomes eligible for release and discharge as provided in Title 17‑A, section 2314, subsection 1 for a prisoner committed to the department; [PL 2019, c. 113, Pt. C, §100 (AMD).] D. The prisoner is entitled to have the time served in the jail under this section deducted from the sentence; and [PL 2015, c. 335, §28 (NEW).] E. The prisoner becomes eligible for furloughs, work or other release programs, and supervised community confinement as authorized by sections 3035 and 3036‑A and may apply pursuant to the rules governing the correctional facility from which the prisoner was transferred. [PL 2015, c. 335, §28 (NEW).] [PL 2019, c. 113, Pt. C, §100 (AMD).]

5. Return of prisoner. A prisoner transferred pursuant to this section must be returned to the department upon the request of the commissioner or the sheriff. [PL 2015, c. 335, §28 (NEW).]
34-B M.R.S. § 1411 — ME Code / Title 34-B / Chapter 1 / Section 1411
34-B §1411. Public ways and parking areas
Status: in_force

1. Rules. The chief administrative officers of state institutions may promulgate 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 state institutions. A. The rules shall be promulgated in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1983, c. 459, §7 (NEW).] B. The Secretary of State shall forward a copy of the rules, attested under the Great Seal of the State, to the District Court in the area of jurisdiction. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

2. Special police officers. The chief administrative officers of state institutions 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, §7 (NEW).] B. The State Police, sheriffs, deputy sheriffs, police officers and constables who have jurisdiction over the areas in which the institutions are located shall, insofar as possible, cooperate with the special police officers in the enforcement of the rules promulgated under subsection 1 . [PL 1983, c. 459, §7 (NEW).] [PL 1985, c. 785, Pt. B, §164 (AMD).]

3. Court procedure. The District Court in the areas in which the institutions 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, §7 (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, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

4. Prohibited acts; fine. A person who violates any rule adopted under this section commits a civil violation for which a fine may be adjudged in an amount consistent with the amount charged for a similar violation by the municipality in which the institution is located, but not to exceed the maximum amount provided for a traffic infraction under Title 29-A, section 103 . Notwithstanding any other law, the fines and costs of court paid under this section inure to the municipality in which the proceedings take place. A. [PL 1991, c. 313 (RP).] B. [PL 1991, c. 313 (RP).] C. [PL 1991, c. 313 (RP).] D. [PL 1991, c. 313 (RP).] [PL 2013, c. 381, Pt. C, §5 (AMD).]
34-B M.R.S. § 6003 — ME Code / Title 34-B / Chapter 6 / Section 6003
34-B §6003. Rules
Status: in_force

The department shall adopt rules governing the definition of autism and other pervasive developmental disorders in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1995, c. 560, Pt. K, §63 (AMD).]
34-B M.R.S. § 19001 — ME Code / Title 34-B / Chapter 19 / Section 19001
34-B §19001. Acquired Brain Injury Advisory Council
Status: in_force

1. Council established. The Acquired Brain Injury Advisory Council, referred to in this section as "the council," is established to provide independent oversight and advice and to make recommendations to the commissioner. [PL 2011, c. 657, Pt. CC, §4 (AMD).]

2. Duties. The council shall: A. Identify issues related to brain injury, including prevention and the needs of individuals with disabilities due to brain injuries and the needs of their families; [PL 2007, c. 239, §2 (NEW).] B. Recommend methods that will enhance health and well-being, promote independence and self-sufficiency, protect and care for those at risk and provide effective and efficient methods of prevention, service and support; [PL 2007, c. 239, §2 (NEW).] C. Seek information from the broadest range of stakeholders, including persons with brain injuries, their families, rehabilitation experts, providers of services and the public, and hold at least 2 public hearings annually, in different regions of the State, to generate input on unmet needs; [PL 2007, c. 239, §2 (NEW).] D. Review the status and effectiveness of the array of brain injury programs, services and prevention efforts provided in this State and recommend to the commissioner priorities and criteria for disbursement of available appropriations; and [PL 2007, c. 239, §2 (NEW).] E. Meet at least 4 times per year and by January 15th of each year submit a report of its activities and recommendations to the commissioner and to the Legislature. [PL 2007, c. 239, §2 (NEW).] [PL 2007, c. 239, §2 (NEW).]

3. Administrative support. The department shall provide administrative support to the council. [PL 2011, c. 657, Pt. CC, §4 (AMD).]

4. Membership. The commissioner shall appoint 25 persons to serve as members of the council and shall annually appoint one person to serve as chair. Members serve 2-year terms. Members must represent the following persons and interests: A. Five members with acquired brain injuries must represent persons with acquired brain injuries; [PL 2019, c. 566, §1 (AMD).] B. Five members must represent families of persons with acquired brain injuries; [PL 2019, c. 566, §1 (AMD).] C. Two members must represent advocates for persons with acquired brain injuries; [PL 2007, c. 239, §2 (NEW).] D. Five members must represent providers of services to persons with acquired brain injuries; [PL 2019, c. 566, §1 (AMD).] E. Five members must represent state agencies with expertise in the areas of education, employment, prevention of brain injuries, homelessness, corrections and services to veterans. Members of the council who represent state agencies serve ex officio, without the right to vote, and shall provide data, information and expertise to the council; [PL 2019, c. 566, §1 (AMD).] F. One member must represent an aging and disability resource center; [PL 2019, c. 566, §1 (NEW).] G. One member must represent a center for independent living; and [PL 2019, c. 566, §1 (NEW).] H. One member must be the long-term care ombudsman under Title 22, section 5107‑A or a representative of the long-term care ombudsman. [PL 2019, c. 566, §1 (NEW).] [PL 2019, c. 566, §1 (AMD).]

5. Expenses. Members of the council serve without compensation but are entitled to reimbursement of reasonable expenses for attending meetings of and serving on the council. [PL 2007, c. 239, §2 (NEW).]
34-A M.R.S. § 3039 — ME Code / Title 34-A / Chapter 3 / Section 3039
34-A §3039. Clients' money
Status: in_force

When any client confined in a correctional or detention facility receives money from any source, including compensation for work authorized under other sections of Maine law or by a policy of the department, the money must be deposited in the department's general client account or, as provided in subsection 4 , in the department's telephone call account. Money deposited in either account must be credited to the client receiving it. [PL 2005, c. 506, §7 (AMD).]

1. General client account. The commissioner shall adopt rules for use of the general client account. These rules must include a provision allowing a client to remove that client's money from the general client account and place it in any type of investment outside the facility chosen by the client. The commissioner shall keep a record of all money in the general client account and is responsible for safekeeping of the client's money while the client is in the custody of the department and for the delivery of that money to the client, subject to any collections provided for by statute or rule, upon the client's discharge or transfer to supervised community confinement or community reintegration status. [PL 2005, c. 506, §7 (AMD).]

2. Interest. Any interest accruing as a result of the deposit of money in the general client account may, after first being used to defray expenses of the account, be expended by the commissioner for the general welfare of clients confined in the department's correctional and detention facilities in accordance with rules adopted by the commissioner. [PL 2005, c. 506, §7 (AMD).]

3. Use. During the client's confinement, any client may use that client's money in the general client account by authorizing the commissioner to disburse the money in accordance with the rules governing the general client account. [PL 2005, c. 506, §7 (AMD).]

4. Telephone call account. The commissioner may establish a telephone call account for the sole purpose of paying for use of the department's client telephone system and into which money received by clients may be deposited. Money received by a client and clearly designated by the sender for paying for telephone calls must be directly deposited into the telephone call account. In addition, a client may remove the client's money from the general client account and deposit it into the telephone call account. Once deposited into the telephone call account, the client may use the money only for paying for the client's telephone calls. Any money received by a client and not used for paying for the client's telephone calls must be transferred from the telephone call account to the department's general client account at the time of the client's discharge or transfer to supervised community confinement or community reintegration status and is subject to any collections provided for by statute or rule prior to delivery to the client. The commissioner shall keep a record of all money in the telephone call account and is responsible for safekeeping of the client's money while the client is in the custody of the department and for the transfer of that money to the general client account and delivery to the client as set out in this section. [PL 2005, c. 506, §7 (NEW).]

5. Billing. A correctional facility or detention facility may not bill an indigent client for future payment of services and medications. [PL 2021, c. 620, §7 (NEW).]

6. Credit improvement loan. The commissioner may allow a client, in accordance with rules adopted by the commissioner, to receive a loan from a financial institution without the loan money being deposited in the department's general client account or the department's telephone call account if: A. The loan is designed to improve the client's credit score; [PL 2025, c. 6, §5 (NEW).] B. The loan money is deposited in the client's savings account at the financial institution; [PL 2025, c. 6, §5 (NEW).] C. The loan is secured in full by money disbursed by the client from the department's general client account to the client's savings account at the financial institution after any collections provided for by statute or rule; and [PL 2025, c. 6, §5 (NEW).] D. The loan is required to be repaid in full from the secured money under paragraph C or from other money disbursed by the client from the department's general client account after collections provided for by statute or rule. [PL 2025, c. 6, §5 (NEW).] As used in this subsection, "financial institution" has the same meaning as in Title 9‑B, section 131, subsection 17 and includes a credit union as defined in Title 9‑B, section 131, subsection 12 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 6, §5 (NEW).]
34-A M.R.S. § 9879 — ME Code / Title 34-A / Chapter 9 / Section 9879
34-A §9879. Oversight, enforcement and dispute resolution by interstate commission-- Article 9
Status: in_force

1. Oversight. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor activities being administered in noncompacting states that may significantly affect compacting states. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the interstate commission, the interstate commission is entitled to receive all service of process in any such proceeding, and has standing to intervene in the proceeding for all purposes. [PL 2003, c. 495, §1 (NEW).]

2. Dispute resolution. The compacting states shall report to the interstate commission on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities. The interstate commission shall attempt to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and noncompacting states. The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. [PL 2003, c. 495, §1 (NEW).]

3. Enforcement. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in section 9882, subsection 2 . [PL 2003, c. 495, §1 (NEW).]
34-A M.R.S. § 11274 — ME Code / Title 34-A / Chapter 17 / Section 11274
34-A §11274. Rulemaking
Status: in_force

The bureau may adopt rules necessary to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 663, §3 (NEW).]
34-B M.R.S. § 7007 — ME Code / Title 34-B / Chapter 7 / Section 7007
34-B §7007. Submitting petition to determine informed consent; notice of hearing
Status: in_force

1. Petition submission. The petition for a determination of ability to give informed consent shall be submitted to the District Court in the division of residence of the person seeking sterilization or for whom sterilization is sought. [PL 1983, c. 459, §7 (NEW).]

2. Notice of hearing. Upon the receipt of a petition to determine informed consent, the District Court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition. The court may, at its discretion, hold the hearing on the petition at a place within the county other than the usual courtroom if it would facilitate the presence of the person seeking sterilization or for whom sterilization is sought. [PL 1983, c. 459, §7 (NEW).]

3. Service of notice. The court shall cause a copy of the petition and notice of hearing to be served on the person seeking sterilization or for whom sterilization is sought and that person's guardian or custodian, if any, at least 7 days prior to the hearing date. If a guardian or custodian of the person seeking sterilization or for whom sterilization is sought is not a resident of this State, notice may be served by registered mail. If the residence of a guardian or custodian is unknown, an affidavit so stating must be filed in lieu of service. [RR 2019, c. 2, Pt. B, §104 (COR).]
34-B M.R.S. § 3013 — ME Code / Title 34-B / Chapter 3 / Section 3013
34-B §3013. Residents of certified recovery residences (REALLOCATED FROM TITLE 34-B, SECTION 3012)
Status: in_force

(REALLOCATED FROM TITLE 34-B, SECTION 3012)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Certified recovery residence" means a residence that is certified pursuant to the requirements established in Title 5, section 20005, subsection 22 . [PL 2025, c. 427, §1 (NEW); RR 2025, c. 1, Pt. A, §47 (RAL).] B. "Program" means the Bridging Rental Assistance Program established in section 3011 and administered by the department. [PL 2025, c. 427, §1 (NEW); RR 2025, c. 1, Pt. A, §47 (RAL).] [PL 2025, c. 427, §1 (NEW); RR 2025, c. 1, Pt. A, §47 (RAL).]

2. Eligibility of residents. An individual residing in a certified recovery residence is eligible to apply for a program housing voucher to be used upon the individual's departure from the certified recovery residence, as long as the individual meets all applicable standards and conditions established by the department for the program. Residency in a certified recovery residence may not be construed as a barrier to application or receipt of such a voucher. This section does not authorize individuals to use program housing vouchers to subsidize the cost of residing at a certified recovery residence. [PL 2025, c. 427, §1 (NEW); RR 2025, c. 1, Pt. A, §47 (RAL).]

3. Guidance. The department shall provide guidance to certified recovery residences and housing assistance programs to ensure consistent application of this section, including public education efforts to inform residents of certified recovery residences and providers in certified recovery residences of their rights and responsibilities under this section. [PL 2025, c. 427, §1 (NEW); RR 2025, c. 1, Pt. A, §47 (RAL).]

4. Rulemaking. The department shall adopt or amend rules as necessary to implement the provisions of this section. In adopting rules, the department shall ensure that individuals being released from institutions, individuals being released from incarceration and homeless individuals have priority over individuals residing in certified recovery residences in the award of program housing vouchers. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 427, §1 (NEW); RR 2025, c. 1, Pt. A, §47 (RAL).]
34-B M.R.S. § 5604 — ME Code / Title 34-B / Chapter 5 / Section 5604
34-B §5604. Protection
Status: reserved

The Legislature finds and declares that the rights of persons with intellectual disabilities, autism or acquired brain injuries can be protected best under a system of services that operates according to the principles of normalization and full inclusion and that the State's system of services must operate according to these principles with the goals of: [PL 2021, c. 284, Pt. A, §7 (AMD).]

1. Community-based services. Continuing the development of community-based services that provide reasonable alternatives to institutionalization in settings that are least restrictive to the person receiving services; [PL 2007, c. 356, §23 (AMD); PL 2007, c. 356, §31 (AFF).]

2. Independence and productivity. Providing habilitation, education and other training to persons with intellectual disabilities or autism that will maximize each person's potential to lead an independent and productive life and that will afford opportunities for full inclusion into the community where each person lives; and [PL 2011, c. 542, Pt. A, §127 (AMD).]

3. Grievance right. Providing a person with an intellectual disability, autism or an acquired brain injury with the right to appeal a decision regarding actions or inactions by the department that affects the person's life. The department shall establish in rule a process for hearing such grievances pursuant to Title 22‑A, section 206, subsection 4 . The rules must contain strict time frames for the resolution of grievances. The rules may provide for resolution of grievances through mediation. A. The department shall provide easily accessible and regular notice of the grievance process to persons with intellectual disabilities, autism or acquired brain injuries served by the department. This notice must be included in informational materials provided to such persons, as well as to guardians, families, correspondents and allies. Notice of the right to appeal must be prominently displayed in regional offices and on the department's publicly accessible website and must be readily available from provider agencies. Notice of the right to appeal must be included in all substantive correspondence regarding personal planning. Written notice of the right to appeal must also be provided when there is a denial or reduction of services or supports to persons served by the department. All notices and information regarding the grievance process must be written in language that is plain and understandable and must include the address and telephone number of the protection and advocacy agency designated pursuant to Title 5, section 19502 . [PL 2021, c. 284, Pt. A, §8 (AMD).] B. The department must make available a one-page form that enables a person with an intellectual disability, autism or an acquired brain injury to file a grievance. A grievance may also be filed through an oral request. If a grievance is filed through an oral request, the person receiving the grievance shall reduce the grievance to writing using a one-page form made available by the department. [PL 2021, c. 284, Pt. A, §8 (AMD).] C. The department shall offer regular training in the grievance process for persons served by the department, their families, guardians and allies and department and service provider staff. [PL 2007, c. 356, §23 (NEW); PL 2007, c. 356, §31 (AFF).] D. If an appeal proceeds to a hearing, the hearing officer's decision constitutes final agency action for the purposes of Rule 80C of the Maine Rules of Civil Procedure unless final decision-making authority has been reserved by the commissioner. If the commissioner makes the final decision and modifies or rejects the hearing officer’s recommended decision, the commissioner must state in writing the basis for the commissioner's decision. When the commissioner rejects or modifies a hearing officer’s factual findings or makes additional factual findings, the commissioner shall articulate the evidentiary basis for such rejection or modification with appropriate references to the record. The commissioner shall give substantial deference to a hearing officer’s determinations on matters of credibility relating to testimony that was heard by the hearing officer, and when rejecting or modifying such determinations of credibility, the commissioner shall state with particularity the reasons with appropriate references to evidence in the record. In the event the commissioner fails to issue a written final decision within 30 days of the date of the recommended decision, the recommended decision of the hearing officer is deemed the final decision of the commissioner. [PL 2007, c. 356, §23 (NEW); PL 2007, c. 356, §31 (AFF).] [PL 2021, c. 284, Pt. A, §8 (AMD).]

4. Rules. [PL 2011, c. 186, Pt. A, §16 (RP).]

The rights and basic protections of a person with an intellectual disability, autism or an acquired brain injury under section 5605 may not be restricted or waived by that person's guardian, except as permitted by rules adopted pursuant to this section. [PL 2021, c. 284, Pt. A, §9 (AMD).]

The department has authority to adopt rules to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 186, Pt. A, §17 (NEW).]
34-B M.R.S. § 9007 — ME Code / Title 34-B / Chapter 9 / Section 9007
34-B §9007. Costs; reciprocal agreements--Article VII
Status: in_force

1. Patient at only one institution. No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state. [PL 1983, c. 459, §7 (NEW).]

2. Costs. The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any 2 or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. [PL 1983, c. 459, §7 (NEW).]

3. Internal relationships not affected. No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs or responsibilities therefor. [PL 1983, c. 459, §7 (NEW).]

4. Asserting rights for costs. Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible, pursuant to any provision of this compact. [PL 1983, c. 459, §7 (NEW).]

5. Reciprocal agreements not invalidated. Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 3802 — ME Code / Title 34-B / Chapter 3 / Section 3802
34-B §3802. Commissioner's powers
Status: in_force

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

1. Rules. Adopt such rules, not inconsistent with this subchapter, as the commissioner may find to be reasonably necessary for proper and efficient hospitalization of the mentally ill; [RR 2019, c. 2, Pt. B, §95 (COR).]

2. Investigation. Investigate, by personal visit, complaints made by any patient or by any person on behalf of a patient; [PL 1983, c. 459, §7 (NEW).]

3. Visitation. Visit each psychiatric hospital or residential care facility regularly to review the commitment procedures of all new patients admitted between visits and visit other hospitals as necessary to review protocols and procedures related to certification of patients under section 3863 ; [PL 2007, c. 319, §4 (AMD).]

4. Reports. Require reports from the chief administrative officer of any hospital or residential care facility relating to the admission, examination, diagnosis, release or discharge of any patient; and [PL 1983, c. 459, §7 (NEW).]

5. Forms. Prescribe the form of applications, records, reports and medical certificates provided for under this subchapter and prescribe the information required to be contained in them. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 9010 — ME Code / Title 34-B / Chapter 9 / Section 9010
34-B §9010. Compact administrators--Article X
Status: in_force

1. Duties. Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder. [PL 1983, c. 459, §7 (NEW).]

2. Rules and regulations. The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact. [PL 1983, c. 459, §7 (NEW).]