An Act To Improve Conditions for Inmates with Mental Illness LR0671 (02) Fis(:al Note for Bill as Amended by Committee Amendment" Committee: Criminal Justice and Public Safety
Maine Legislature, Session 121, LD 0475
Committee Amendment CA_A_H548 (House)
Amends: 30-A MRSA §16, 30-A MRSA §1656, 34-A MRSA §3069

COMMITTEE AMENDMENT 
Act To Improve Conditions .. fI .. to H.P. 367, L.D. 475, Bill, 
for Inmates with Mental Illness" 
"An 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
'Mandate preamble. 
This measure requires one or more local 
units of government to expand or modify activities so as to 
necessitate additional expenditures from local revenues but does 
not provide funding for at least 90% of those expenditures. 
Pursuant to the Constitution of Maine, Article IX, Section 21, 
2/3 of all of the members elected to each House have determined 
it necessary to enact this measure. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 30-A MRSA §16SI, as enacted by PL 1987, c. 737, 
Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 
and c. 104, Pt. C, 
§§S and 10, is repealed and the following 
enacted in its place: 
§165l. 
Examination of jails; board of visitors 
1. 
Examination. 
At 
the 
commencement 
of 
each 
session 
required by law, the county commissioners shall examine the jail 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 367, L.D. 475 
in their county and take necessary precautions for the security 
of prisoners, for the prevention of infection and sickness and 
for the accommodations of the prisoners. 
2. 
Appointmel1t. 
The sheriff for each county shall appoint 
a board of 5 visitors for each correctional facility under the 
sheriff's supervision. 
A. 
Members of the boards of visitors serve for terms of one 
year except that, of the initial appointments, 2 must be for 
terms of 3 years, 2 must be for terms of 2 years and one 
must be for a term of one year. 
B. 
Members of the boards of visitors are eligible for 
reappointment at the expiration of their terms. 
The boards 
of visitors must be representative of a 
broad range of 
professionals, family members and citizens interested in the 
well-being 
of 
prisoners, 
including 
representatives 
of 
advocacy groups for human and civil rights, medical and 
psychiatric 
professionals, 
persons 
who 
have 
served 
in 
corrections settings and other interested citizens. 
C. 
A member of the Legislature may not serve on a board of 
visitors. 
D. 
The sheriffs of 2 or more counties, at their discretion, 
may appoint a joint board of visitors of 5 or more members. 
3. 
PQwers. 
Each 
board of visitors shall 
inspect the 
correctional 
facility 
to 
which it is 
assigned, 
subject 
to 
reasonable restrictions required by the sheriff to ensure the 
security of the "jaiL and make recommendations to the sheriff 
with respect to inmates who are mentally ill. 
Sec. A-2. 30-A MRSA §1656, sub-§3-A is enacted to read: 
A. 
Transf:er 
Qf 
prisQners 
when 
jail unsuitable 
fQr 
mentally ill. 
If an inmate in a county jail has been determined 
by a competent medical authority to require inpatient treatment 
for mental illnes15, a Justice of the Superior Court. upon being 
so notified by the sheriff of that county, may issue an order 
transferring the inmate to a forensic hospital for treatment. 
An 
inmate with respect to whom an application and a certification 
under Title 34 B" 
section 3863 are made must be admitted to 
ei ther state menta.l health forensic institute. 
PARTB 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 367, L.D. 475 
Sec. B-1. 34-A MRSA §3069, sub-§I, as amended by PL 1991, c. 
314, §57, is further amended to read: 
1. 
Involuntary. When 
~Re--ah-~f---a-Elfn.,ifl-i-6-t:-£-a-t.;i-¥e--eEEieel' an 
inmate of a correctional or detention facility belie¥e&-~Ra&-aay 
Fel'SeB-~£-~~-f-aG~~~~y-is-~£-t:-a~~Y-~~~~--~~~~&-Respi~alisatiea 
aBQ--me&t-s--FeEj\ii:l'elReB~s--4:-o-r--aEbR:iss:ieB has been determined by a 
competent medical authority to reguire inpatient treatment for 
mental illness, the chief administrative officer of that facility 
shall make application in accordance with Title 34-B, section 
3863. 
A. 
Any person with respect to whom 
an application and 
certification under Title 34-B, section 3863 are made may be 
admitted to either state mental health institute. 
B. 
Except 
as 
otherwise 
specifically provided 
in 
section, Title 34-B, chapter 3, subchapter IV, Article 
is applicable to the person as if the admission of 
person were applied for under Title 34-B, section 3863. 
this 
III, 
the 
C. 
A copy of the document by which the person is held in 
the facility must accompany the application for admission. 
D. 
If the sentence being served at the time of admission 
has not expired or commitment has not been terminated in 
accordance with law at the time the person is ready for 
discharge from hospitalization, the person must be returned 
by the appropriate officers of the correctional or detention 
facility. 
E. 
Admission to a hospital under this section has no effect 
upon a sentence then being served or a commitment then in 
effect. 
The sentence continues to run and the commitment 
remains in force, unless terminated in accordance with law. 
PARTe 
Sec. C-l. 34-A MRSA §3069, sub-§4 is enacted to read: 
4. 
Review use of seclusion and restraint with prisoners 
with major mental illness; report. 
Beginning October 1, 2003, 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services. 
utilizing its medical directors and forensic psychiatrists, shall 
review the use of seclusion and restraint with prisoners with 
major mental illness in all adult correctional facilities. 
The 
department and the Department of Behavioral and Developmental 
Sgrvices shall agree to the dgsign and scope of this review. 
This review must include, but not be limited to, a casg review of 
the rates of and duration of such practices with prisoners with 
COMMITTEE AMENDMENT 
rlr\~' 
~\> . .' 
COMMITTEE AMENDMENT .. /I .. to H.P. 367, L.D. 475 
major mental illnes,s, whether the use of seclusion and restraint 
is appropriate and whether there is a pattern of restraint and 
seclusion 
with 
any 
particular 
prisoners 
with 
major 
mental 
illness. 
Beginning December 30 ( 
2004 and annually thereafter, 
the Department of Behavioral and Developmental Services shall 
issue 
a 
written 
report 
that 
includes 
its 
findings 
and 
recommendations 
for 
improvements 
determined 
to 
be 
necessary. 
That report must be forwarded to the commissioner and to the 
joint standing committee of the Legislature having jurisdiction 
over criminal justice and public safety matters. 
Sec. C-2. Discharge planning training for state corrections officers. 
The 
Department of Corrections 
shall assist its correctional 
officers assigned to inmate discharge planning in increasing the 
officers' understanding of the services and supports available in 
the State for inmates with mental illness or substance abuse 
diagnoses 
and 
hO~T to 
develop 
and 
implement 
an 
appropriate 
discharge plan. 
By January 30, 2004, the department shall report 
to the Joint Stand.ing Committee on Criminal Justice and Public 
Safety 
regarding 
the 
development 
and 
implementation 
of 
the 
training. 
PARTD 
Sec. D-l. Costs to be absorbed. 
The Department of Behavioral 
and Developmental Services shall absorb within existing resources 
any costs involved in the implementation of the department's 
responsibilities under this Act.' 
SUMMARY 
This amendment replaces the bill. 
Part A of the amendment 
directs sheriffs to establish boards of visitors for 
county 
jails. 
Part A also directs that a Justice of the Superior Court, 
upon being notified by the sheriff of a county in which an inmate 
has been determinE!d by a competent medical authority to require 
inpatient treatment for 
mental illness, 
may 
issue 
an 
order 
transferring the inmate to a forensic hospital for treatment. 
An 
inmate with respect to whom an application and a certification 
under the Maine Revised Statutes, Title 34-B, section 3863 are 
made must be admitted to either state mental health forensic 
institute. 
Part B of thE! amendment rewords a provision of Title 34-A to 
clarify that 
a 
chief 
administrative officer 
shall 
make 
an 
application for involuntary hospitalization of an inmate when 
that inmate has been determined by a competent medical authority 
to require inpatient treatment for mental illness. 
COMMITTEE AMENDMENT 
f~ $!, 
~\ ~\ .~~I 
J ~~ 
COMMITTEE AMENDMENT .~. to H.P. 367, L.D. 475 
Part 
C 
of 
the 
amendment 
requires 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services 
to 
review 
the 
use 
of 
seclusion and restraint with prisoners with major mental illness 
and 
annually 
report 
findings 
and 
recommendations 
to 
the 
Commissioner of Corrections and the joint standing committee of 
the Legislature having jurisdiction over criminal justice and 
public safety matters. 
Part C of the amendment also directs the Department of 
Corrections 
to assist the 
department's 
correctional officers 
assigned 
to 
inmate 
discharge 
planning 
in 
increasing 
their 
understanding of the services and supports available in the State 
for inmates with mental illness or substance abuse diagnoses. 
Part 
D 
directs 
the 
Department 
of 
Behavioral 
and 
Developmental Services to absorb within existing resources any 
costs 
involved 
in 
the 
implementation 
of 
the 
department's 
responsibilities under this bill, as amended. 
The amendment also adds a mandate preamble. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/04/03 ~aC!-
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD475 
An Act To Improve Conditions for Inmates with Mental Illness 
LR0671 (02) 
Fis(:al Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
State Mandate 
New or Expanded Activity 
Fiscal Note 
Exempt State Mandate 
Minor cost increase - General Fund 
This bill requires the sheriff for each county to appoint a board of visitors for each 
correctional facility under the sheriffs supervision. It is also requires the board of 
visitors to inspect the correctional facility for security purposes. The additional 
local costs to appoint the board of visitors and inspect the correctional facilities are 
expected to be minor. Pursuant to the Mandate Preamble, the two-thirds vote all 
members elected to each House exempts the State from the constitutional 
requirement to fund 90 % of the additional local costs. 
LR(){)7H2) - Fiscal Note - Page 1 of 1 
Unit Affected 
Costs 
County 
Insignificant