An Act To Limit the Early Release of Persons Convicted of Certain Crimes
Maine Legislature, Session 122, LD 1177
Committee: Judiciary
Sponsors: WOODCOCK
Amends: 15 MRSA §104-A

Legislative Document 
No. 1177 
S.P.405 
In Senate, March 8, 2005 
An Act To Limit the Early Release of Persons Convicted of Certain 
Crimes 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator WOODCOCK of Franklin. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §104-A. sub-§I. as corrected by RR 1995, c. 2, 
§28 and amended by PL 2003, c. 689, Pt. B, §§6 and 7, is further 
amended to read: 
1. 
Release and discharge. 
The term "release," as used in 
this 
section, 
means 
termination 
of 
institutional 
iB-pa~ieB~ 
inpatient residency and return to permanent residency in the 
community. 
The head of the institution in which a person is 
placed, 
under 
section 
103, 
shallT 
annua1lYT 
forward 
to 
the 
Commissioner of Health and Human Services a report containing the 
opinion of a staff psychiatrist as to the mental conditions of 
that person, 
stating specifically whether 
the person may 
be 
released or discharged without likelihood that the person will 
cause injury to that person or to others due to mental disease or 
mental defect. 
The report must also contain a brief statement of 
the reasons for the opinion. 
If a person who has been found not 
criminally responsible by reason of mental disease or mental 
defect under section 103 for the crime of murder or a Class A 
crime is the subject of a report finding that the person may be 
released, the report must specifically describe the supervision 
that the Department of Health and Human Services must provide to 
ensure that the person takes any medication as prescribed and 
complies with any other conditions of release. 
The commissioner 
shall immediately file the report in the Superior Court for the 
county in which the person is hospitalized. 
The court shall 
review each report and, if it is made to appear by the report 
that any person may be ready for release or discharge, the court 
shall set a date for and hold a hearing on the issue of the 
person's readiness for release or discharge. 
The court shall 
give notice of the hearing and mail a copy of the report to the 
Attorney 
General, 
offices 
of 
the 
district 
attorney 
that 
prosecuted 
the 
criminal 
charges 
for 
which 
the 
person 
was 
acquitted by reason of insanity and the offices of the district 
attorneys in whose district the release petition was filed or in 
whose district release may occur. 
At the hearing, 
the court 
shall receive the testimony of at least one psychiatrist who has 
treated the person and a member of the State Forensic Service who 
has 
examined 
the 
person, 
the 
testimony 
of 
any 
independent 
psychiatrist or licensed clinical psychologist who is employed by 
the 
p~eseeli~e~ prosecutor and has examined the person and any 
other relevant testimony. 
If, after hearing, 
the court finds 
that the person may be released or discharged without likelihood 
that the person will cause injury to that person or to others due 
to mental disease or mental defect, the court shall order, as 
applicable: 
A. 
Release from the institution, provided that: 
Page I-LR0457(1) 
(1) 
The 
order 
for 
release 
may--iB€JQde 
includes 
conditions 
determined 
appropriate 
by 
the 
court, 
including, but not limited to, 91:ie-paeieae outpatient 
treatment and supervision by the Department of Health 
and Human Services, Division of Mental Health. 
If the 
order for release covers a person found not criminally 
responsible 
by 
reason 
of 
mental 
disease 
or 
mental 
defect under section 103 for the crime of murder or a 
Class A crime, the order must specifically direct the 
department 
to 
provide 
the 
level 
of 
supervision 
necessary 
to 
ensure 
that 
the 
person 
takes 
any 
medication as PLescribed and complies with any other 
conditions of release; and 
(2) 
The order for release includes the condition that 
the 
person 
must 
be 
returned 
to 
the 
institution 
immediately upon the order of the commissioner whenever 
the person fails to comply with other conditions of 
release ordered by the court; or 
B. 
Discharge from the custody of the Commissioner of Health 
and Human Services. 
Release from the institution is subject to annual review by the 
court and, except for return as ordered by the commissioner under 
paragraph A, 
subparagraph (1), must continue until terminated by 
the court. 
Each person released under this section shall remain 
.2 C\ 
in the custody of the commissioner. 
The Commissioner of Health 
and Human Services shall inform the public safety officer of the 
municipality or the sheriff's office of the county into which the 
person is released of the release. 
, " 
,)l. 
SUMMARY 
-'6 
This bill requires that before a person who has been found 
not criminally responsible for the crime of murder or a Class A 
crime 
by 
reason of 
mental 
disease 
or mental 
defect may 
be 
released from institutional commitment, the Department of Health 
and Human Services must identify the level of supervision needed 
to ensure that the person takes any medication as prescribed and 
complies with any other conditions of release. 
The bill also 
requires that the court order for release direct the Department 
of Health and Human Services to provide the necessary level of 
supervision.