Resolve, To Establish the Commission To Study the Commitment Process for Persons Adjudged Not Criminally Responsible
Maine Legislature, Session 122, LD 0928
Committee: Criminal Justice and Public Safety
Sponsors: BARSTOW, HOBBINS, BLANCHARD, BLANCHETTE, CLOUGH, CUMMINGS, CURLEY, PELLETIER-SIMPSON, PERCY, PINGREE

Legislative Document 
No. 928 
H.P.647 
House of Representatives, February 22, 2005 
Resolve, To Establish the Commission To Study the Commitment 
Process for Persons Adjudged Not Criminally Responsible 
(EMERGENCY) 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BARSTOW of Gorham. 
Cosponsored by Senator HOBBINS of York and 
'71/~ /J7.1llt1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHARD of Old Town, BLANCHETTE of Bangor, CLOUGH of 
Scarborough, CUMMINGS of Portland, CURLEY of Scarborough, PELLETIER-SIMPSON of 
Auburn, PERCY of Phippsburg, PINGREE of North Haven. 
Printed on recycled paper 
Emergency preamble. 
Whereas. acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
gO 
days 
after 
Whereas, the Commission to Study the Commitment Process for 
Persons Adjudged Not Criminally Responsible is established; and 
Whereas, 
the 
study must 
be 
initiated before 
the 
gO-day 
period expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session; and 
Whereas, in the judgment of the Legislature, 
these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Commission established. Resolved: 
That the Commission 
to 
Study 
the 
Commitment 
Process 
for 
Persons 
Adjudged 
Not 
Criminally Responsible, 
referred to 
in this 
resolve 
as 
"the 
commission," is established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of the following members: 
1. 
Two Senators, appointed by the President of the Senate, 
one of whom serves on the Joint Standing Committee on Criminal 
Justice and Public Safety and one of whom serves on the Joint 
Standing Committee on Health and Human Services; 
2. 
Two members of the House of Representatives, appointed 
by the Speaker of the House, 
one of whom serves on the Joint 
Standing Committee on Criminal Justice and Public Safety and one 
of whom serves on the Joint Standing Committee on Health and 
Human Services; 
3. 
The Commissioner of Health and Human Services, or the 
commissioner's designee; 
4. 
The Attorney General, or the Attorney General's designee; 
5. 
The Commissioner of Public Safety, or the commissioner's 
designee; 
6. 
The Commissioner of Corrections, or the commissioner's 
designee; and 
7. 
One member representing the public interest, appointed 
by the Governor; and be it further 
Page l-LR0666(1) 
Sec. 3. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the commission and the first-named House 
of Representatives member is the House chair of the commission; 
and be it further 
Sec. 4. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Wi thin 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the commission; and be it further 
Sec. 5. Duties. Resolved: 
That the commission shall review the 
judicial and commitment process for persons who are adjudged not 
criminally responsible by reason of insanity or mental disease or 
defect. 
Specifically, the commission shall consider: 
1. 
The typical length of time of institutional inpatient 
residency for a person who is adjudged not criminally responsible 
for the act of murder or manslaughter; 
2. 
The relationship between the Department of 
Human Services and the Judicial Department concerning 
of persons adjudged not criminally responsible for 
murder or manslaughter; and 
Health and 
the custody 
the act of 
3. 
The 
adequacy 
of 
current 
psychiatric 
examination 
requirements for the release or discharge of patients adjudged 
not criminally responsible for the act of murder or manslaughter; 
and be it further 
:12 
Sec. 6. Staff assistance. Resolved: 
That, upon approval of the 
Legislative Council, 
the Office of Policy and Legal Analysis 
shall provide necessary staffing services to the commission; and 
be it further 
Sec. 7. Compensation. Resolved: 
That the legislative members 
of the commission are entitled to receive the legislative per 
diem, as defined in the Maine Revised Statutes, Title 3, section 
2, 
and reimbursement for 
travel and other necessary expenses 
related 
to 
their 
attendance 
at 
authorized 
meetings 
of 
the 
commission. 
Public members not otherwise compensated by their 
employers or other entities that they represent are enti tled to 
receive 
reimbursement 
of 
necessary 
expenses 
and, 
upon 
a 
demonstration of financial hardship, 
a per diem equal to the 
legislative per diem for their attendance at authorized meetings 
of the commission; and be it further 
Sec. 8. Report. Resolved: 
That, 
no later than November 
2, 
2005, 
the commission shall submit a 
report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for presentation to the Second Regular Session of the 
122nd 
Legislature. 
The 
commission 
is 
authorized 
to 
introduce 
legislation related to its report to the Second Regular Session 
of the 122nd Legislature at the time of submission of its report; 
and be it further 
Sec. 9. Extension. Resolved: 
That, if the commission requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 10. Commission budget. Resolved: 
That the chairs of the 
commission, 
with assistance 
from 
the 
commission staff, 
shall 
administer the commission's budget. 
Wi thin 10 days after its 
first meeting, 
the commission shall present a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
commission 
may 
not 
incur expenses 
that would 
result in the 
commission's exceeding its approved budget. 
Upon request from 
the commission, the Executive Director of the Legislative Council 
shall promptly provide the commission chairs and staff with a 
status report on the commission budget, expenditures incurred and 
paid and available funds. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve creates the Commission to Study the Commitment 
Process for Persons Adjudged Not Criminally Responsible.