An Act To Enhance Enforcement of Public Health Measures
Maine Legislature, Session 123, LD 1290
Committee Amendment CA_A_H521 (House)
Amends: 30-A MRSA §1560

COMMITTEE AMENDMENT "A" to H.P. 908, L.D. 1290, Bill, "An Act To 
Enhance Enforcement of Public Health Measures" 
Amend the bill by striking out all of sections 1 and 2 (page 1 lines 2 to 38 and page 2, 
lines 1 to 10 in L.D.) 
Amend the bill in section 3 in §817 in the 2nd paragraph in the last line (page 2, line 
in L.D.) by inserting after the following: "District Court" the following: 'or Superior 
Court' 
Amend the bill by striking out all of section 4 (page 2, lines 27 to 33 in L.D.) and 
inserting the following: 
'Sec. 4. 30-A MRSA §1560, sub-§l-A is enacted to read: 
l-A. Transportation; medical care. A person detained or committed to a jailor 
correctional facility as a consequence of a violation of a public health measure pursuant 
to Title 22, section 812 or section 813 or as a consequence of a violation of a prescribed 
care order pursuant to Title 22, section 820 may be transported by the sheriff or 
superintendent of the correctional facility for medical care if a court orders the transport. 
The Department of Health and Human Services shall bear the costs of transportation and 
the per diem compensation for the accompanying officers. 
Sec. 5. Review of treatment of persons subject to public health measures 
or prescribed care orders. The Department of Health and Human Services shall 
review present procedures to place into custody persons in violation of public health 
measures issued pursuant to the Maine Revised Statutes, Title 22, sections 812 and 813, 
or prescribed care orders issued pursuant to Title 22, section 820, to determine the 
adequacy of those procedures in protecting public health and preventing the transmission 
of communicable disease, environmental disease or occupational disease. The review 
must include: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~ .. to H.P. 908. L.D. 1290 
1. The feasibility of developing secure residential treatment facilities in the State or 
establishing relations with out-of-state residential treatment facilities to which persons 
determined to constitute significant public health risks could be involuntarily committed; 
2. The feasibility of identirying a specific law enforcement agency in the State with 
whom to task the responsibility to execute arrest warrants in public health cases; 
3. Consideration of methods to improve the State's arrest warrant repository system 
to ensure that arrest warrants in public health cases are promptly executed; and 
4. An evaluation of treatment alternatives and public health interventions to prevent 
the transmission of communicable disease, environmental disease or occupational disease 
to law enforcement officers or other persons involved in the execution of arrest warrants 
in public health cases. 
The Department of Health and Human Services shall include in its review input from 
representatives of the Department of Public Safety; the Department of Defense, Veterans 
and Emergency Management, Maine Emergency Management Agency; the Criminal Law 
Advisory Commission; the Office of the Attorney General; and the Maine Sheriffs' 
Association. The Department of Health and Human Services shall report by January 31, 
2008 to the Joint Standing Committee on Criminal Justice and Public Safety regarding 
the review and any recommendations. Upon receipt of the recommendations, the Joint 
Standing Committee on Criminal Justice and Public Safety may submit implementing 
legislation if necessary.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment deletes sections 1 and 2 of the bill. The amendment authorizes the 
issuance of an arrest warrant by the Superior Court in the event of a violation of a public 
health measure or prescribed care order. 
Transportation of persons detained or 
committed to county jails or correctional facilities to out-of-state treatment facilities 
pursuant to court order is authorized. The amendment also requires the Department of 
Health and Human Services, in consultation with the Department of Public Safety, the 
Maine Emergency Management Agency, the Office of the Attorney General, the Criminal 
Law Advisory Commission and the Maine Sheriffs' Association, to evaluate present 
procedures for placing persons in violation of public health orders into custody, to review 
the feasibility of establishing an in-state or out-of-state secure residential treatment 
facility for persons determined to pose imminent significant public health risks, to 
evaluate methods to improve the execution of arrest warrants for persons determined to 
be in violation of court public health measures and court and departmental orders for 
prescribed care and to report its findings and recommendations to the Joint Standing 
Committee on Criminal Justice no later than January 31, 2008. Upon receipt of the 
recommendations, the Joint Standing Committee on Criminal Justice and Public Safety 
may submit implementing legislation if necessary. 
Fi.sC-\L :\'OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/08/07 frac 
LD 1290 
LR 1049(02) 
An Act To Enhance Enforcement of Public Health Measures 
Fiscal Note for Bill as Amended by Committee Amendment 'A " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services or the Department of the Attorney General can 
be absorbed utilizing existing budgeted resources. 
LRI049(02) - Fiscal Note - Page 1 of 1