An Act To Limit the Early Release of Persons Convicted of Certain Crimes Fiscal Detail and Notes
Maine Legislature, Session 122, LD 1177
Committee Amendment CA_A_S428 (Senate)

COMMITTEE AMENDMENT ·A" to S.P. 405, L.D. 1177, Bill, "An 
Act To Limit the Early Release of Persons Convicted of Certain 
Crimes" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
· Sec. I. IS MRSA §I04-A, sub-§I, as amended by PL 2005, c. 
263, §2, is further amended to read: 
1. 
Re1ease and discharqe. 
The term "release," as used in 
this 
section, 
means 
termination 
of 
institutional 
ia-Fatieat 
inpatient residency and return to permanent residency in the 
community. 
The head of the institution in which a person is 
placed, 
under 
section 103, 
shall, 
annually, 
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 insanity for the crime of 
murder or a Class A crime and was committed under section 103 is 
the subject of a report finding that the person may be released, 
the 
report 
must 
specifically describe 
the 
sypervision' the 
Department of Health and Human Services will provide and must 
specifically include measures the department will take to provide 
psychoactive 
medication 
monitoring. 
The 
commissioner 
shall 
immediately file the report in the Superior Court for the county 
in which the person is committed. 
The court shall review each 
Page l-LR0457(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A .. to S.P. 405, L.D. 1177 
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 committed under section 103 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 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: 
(1) 
The 
order 
for 
release 
may--iBE1QQe 
includes 
conditions 
determined 
appropriate 
by 
the 
court, 
including, but not limited to, 9Qt-patieBt 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 insanity for the crime of 
murder or a 
Class A crime and was 
committed under 
section 103 < 
the order must direct the Department of 
Health and Human 
Services to provide the level of 
superVl.Sl.on necessary. including specific measures to 
provide psychoactive medication monitoring; 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 
in the custody of the commissioner. 
The Commissioner of Health 
and Human Services shall inform the public safety officer of the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 405, L.D. 1177 
municipality or the sheriff's office of the county into which the 
person is released of the release.' 
SUMMARY 
This amendment replaces the bill. 
Public Law 2005, chapter 
amended the laws to describe the defense of not criminally 
responsible 
by 
reason 
of 
insanity, 
and 
this 
amendment 
incorporates those changes. 
This amendment addresses the proposed release of a person 
found not criminally responsible of murder or a Class A crime by 
reason of insanity. 
When the head of the institution in which 
the person is placed determines that the person may be released, 
the 
annual 
report 
must 
include 
a 
statement describing 
the 
supervision that would be necessary for the release. 
The bill 
required monitoring of the taking of all prescribed medication. 
This amendment narrows the language to provide for the monitoring 
of just psychoactive medication. 
This amendment provides that 
the report provided to the Commissioner of Health and Human 
Services, which is then forwarded to the court, must contain 
details of the supervision the Department of Health and Human 
Services 
will 
provide, 
specifically 
including 
measures 
the 
department 
will 
take 
to 
provide 
psychoactive 
medication 
monitoring. 
If the court orders the person to be released, the 
order that provides for the release of the person must include 
the details of the superv1s1on the department will provide, 
specifically including the measures the department will take to 
provide psychoactive medication monitoring. 
FISCAL \OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 12/23/05 ~aC!. 
LD 1177 
LR 0457(02) 
An Act To Limit the Early Release of Persons Convicted of Certain Crimes 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services in implementing this bill can be absorbed by 
the department utilizing existing resources. 
LR0457(2) - Fiscal Note - Page 1 of 1