An Act To Amend the Laws Governing the Plea of Not Criminally Responsible by Reason of Mental Disease or Defect in Juvenile Cases
Maine Legislature, Session 123, LD 0071
Committee Amendment CA_B_H639 (House)
Amends: 15 MRSA §3305, 15 MRSA §3309-A, 15 MRSA §3310-B

COMMITTEE AMENDMENT ·B " 
to H.P. 69, L.D. 71, Bill, "An Act To Amend 
the Laws Governing the Plea of Not Criminally Responsible by Reason of Mental 
Disease or Defect in Juvenile Cases" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Laws Governing the Plea of Not Criminally 
Responsible by Reason of Insanity in Juvenile Cases' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA §3305, 3rd ~ is enacted to read: 
A juvenile may enter an answer of not criminally responsible by reason of insanity or 
not criminally responsible coupled with a denial of the charges. For the purposes of this 
section, "insanity" has the same meaning as established in Title 17-A, section 39, except 
that the term "mental disease or defect" does not include, in and of itself, the fact that a 
juvenile has not attained the level of mental and emotional development normally 
associated with persons 18 years of age or older. 
Sec. 2. 15 MRSA §3309-A, sub-§3, as amended by PL 1995, c. 690, §3 and 
affected by §7, is further amended to read: 
3. By consent of the parties. When the juvenile and the prosecuting attorney 
consent and the court finds that such an evaluation may be of assistance to it in carrying 
out the purposes of the Maine Juvenile Code; 6f 
Sec. 3. 15 MRSA §3309-A, sub-§4, as amended by PL 1999, c. 65, § 1, is further 
amended to read: 
4. Juvenile adjudicated of gross sexual assault. After adjudication and before 
disposition when a juvenile is adjudicated of a juvenile crime that if committed by an 
adult would be gross sexual assault under Title 17-A, section 253, subsection 1, the court 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT".13" to H.P. 69, L.D. 71 
shall order the juvenile to undergo a diagnostic evaluation and may order the evaluation 
to take place at a detention facility described in section 3203-A, subsection 7, paragraph 
B7~ 
Sec. 4. 15 MRSA §3309-A, sub-§5 is enacted to read: 
5. 
Not criminally responsible by reason of insanity. 
When the juvenile has 
entered an answer of not criminally responsible by reason of insanity pursuant to section 
3305 or certifies in writing to the court that the results of such an evaluation are required 
in order to determine whether or not to so answer. 
Sec.5. 15 MRSA §3310-B is enacted to read: 
§3310-B. Commitment of a juvenile found not criminally responsible by reason of 
insanity 
1. Not criminally responsible by reason of insanity. When it is determined by a 
preponderance of the evidence that a juvenile is not criminally responsible by reason of 
insanity, the court record must so state. The court shall order the juvenile immediately 
committed to the custody of the Commissioner of Health and Human Services for an 
indeterminate period. 
The Commissioner of Health and Human Services shall 
immediately place the juvenile in an appropriate secure treatment facility. 
Under the 
guidance of a psychiatrist, the Commissioner of Health and Human Services shall assess 
the juvenile and develop a treatment plan. A copy of this plan must be submitted to the 
court that committed the juvenile, the State Forensic Service, the attorney for the juvenile, 
the office of the attorney for the State who prosecuted the juvenile, the juvenile and the 
parents, guardian or legal custodian if the juvenile has any. The court shall review the 
treatment plan. If the treatment plan involves absences from the secure treatment facility, 
release to a community setting or discharge from the custody of the Commissioner of 
Health and Human Services, the court shall schedule a hearing within 30 days and shall 
provide notice of the hearing to the State Forensic Service, the attorney for the juvenile, 
the office of the attorney for the State who prosecuted the juvenile, the juvenile and the 
parents, guardian or legal custodian if the juvenile has any. Following the hearing, the 
court shall make findings and issue an order pursuant to subsection 7. Hearings pursuant 
to this section are not open to the public. 
For the purposes of this section, the term "Commissioner of Health and Human Services" 
includes any designee of the Commissioner of Health and Human Services, and the term 
"psychiatrist" means the psychiatrist under whose guidance the Department of Health and 
Human Services is providing treatment to the juvenile committed under this section. 
2. Notice of placement. Upon placement of a juvenile committed under this section 
in an appropriate secure treatment facility, or in the event of transfer from one facility to 
another of a juvenile committed under this section, notice of the placement or transfer 
must be given by the Commissioner of Health and Human Services to the court that 
committed the juvenile. 
3. Indeterminate commitment. The commitment of a juvenile to the custody of the 
Commissioner of Health and Human Services must continue until terminated by the 
court. At its discretion, the court that committed the juvenile may appoint a guardian ad 
litem. 
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COMMITTEE AMENDMENT 1>" to H.P. 69, L.D. 71 
4. Periodic review. The psychiatrist shall every 6 months conduct a review of the 
juvenile to address issues related to the mental status of the juvenile and shall compile a 
report based on this review. The report of the psychiatrist must address whether the 
juvenile is ready for participation in a treatment plan involving absences from the secure 
treatment facility, release to a community setting or discharge from the custody of the 
Commissioner of Health and Human Services. 
The report must be submitted to the Commissioner of Health and Human Services, the 
State Forensic Service and the court that committed the juvenile. The court shall then 
forward copies of the report to the attorney for the juvenile, the office of the attorney for 
the State who prosecuted the juvenile, the juvenile and the parents, guardian or legal 
custodian if the juvenile has any. 
The report must address whether the juvenile requires continued secure treatment or is 
ready for release back into the community without likelihood that the juvenile will cause 
injury to self or others due to mental disease or defect, with reasons supporting the 
opinion. 
The report must outline all treatment efforts undertaken on behalf of the 
juvenile. 
5. Petition for review. Upon the petition of the juvenile, the Commissioner of 
Health and Human Services or the attorney for the State who prosecuted the juvenile 
asserting that the juvenile is ready for participation in a treatment plan involving absences 
from the secure treatment facility, release to a community setting or discharge from the 
custody of the Commissioner of Health and Human Services, the court shall immediately 
schedule a hearing on the petition and provide notice to the Commissioner of Health and 
Human Services, the State Forensic Service, the attorney for the juvenile, the office of the 
attorney for the State who prosecuted the juvenile, the juvenile and the parents, guardian 
or legal custodian if the juvenile has any. Upon notice of a petition pursuant to this 
subsection, the psychiatrist shall file with the court a report outlining the current 
treatment plan and all treatment efforts provided to the juvenile. The report must include 
an opinion as to whether or not the juvenile continues to present a risk of harm to self or 
others due to mental disease or defect to the extent that continued placement in a secure 
treatment facility is required. A copy of the report must be submitted by the psychiatrist 
to the State Forensic Service. The State Forensic Service shall file a report with the court 
no later than 10 days prior to the hearing. Petitions pursuant to this subsection may not 
be filed with the court more frequently than once every 6 months. 
6. Hearing on petition. The court shall review the reports referenced in subsection 
and provide a copy of the reports to the office of the attorney for the State who 
prosecuted the juvenile, the office of the district attorney in whose district the release 
petition was filed or in whose district release may occur and the attorney for the juvenile. 
At the hearing, the psychiatrist shall present testimony in support of the opinion. 
Additional testimony from a member of the State Forensic Service, testimony of an 
independent psychiatrist or a licensed psychologist who has examined the juvenile and is 
employed by the prosecutor's office, testimony of an independent psychiatrist or licensed 
psychologist who has examined the juvenile and is employed by the juvenile and any 
other relevant testimony must also be considered. 
The juvenile bears the burden of proving by a preponderance of the evidence that the 
juvenile is ready for participation in a treatment plan involving absences from the secure 
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COMMITTEE AMENDMENT:13" to H.P. 69, L.D. 71 
treatment facility, release to a community setting or discharge from the custody of the 
Commissioner of Health and Human Services and that the juvenile no longer presents a 
risk of harm to self or others due to mental disease or defect. 
7. Findings and order of the court. If after hearing the court finds that the juven i Ie 
may, without likelihood of harm to the juvenile or to others due to mental disease or 
defect, be granted participation in a treatment plan involving absences from the secure 
treatment facility, be released to a community setting or be discharged from the custody 
of the Commissioner of Health and Human Services, the court shall so order. 
A 
treatment plan involving absences from the secure treatment facility or release to a 
community setting may include conditions necessary to ensure that the plan can be 
implemented without likelihood of harm to the juvenile or others due to mental disease or 
defect. 
8. Notification of victim. Upon request of the victim, the Commissioner of Health 
and Human Services shall notify the victim of the juvenile crime whenever the juvenile is 
allowed absences from the secure treatment facility, is released from a secure treatment 
facility to a less restrictive residential placement, is returned to the community with or 
without conditions imposed by the court or is discharged from the custody of the 
Commissioner of Health and Human Services. 
9. Return to a secure treatment facility upon the commissioner's order. The 
Commissioner of Health and Human Services may order any juvenile released pursuant 
to subsection 7 who fails to comply with the conditions of the juvenile'S court-approved 
treatment plan to return to the secure treatment facility from which the juvenile was 
released. The court shall hold a hearing for the purposes of reviewing the order for 
release within 7 days of the juvenile'S return if the juvenile will be detained for 7 or more 
days. At the hearing, the court shall receive testimony of the psychiatrist, any member of 
the State Forensic Service who has examined the juvenile upon the juvenile'S return and 
any other relevant testimony. Following the hearing, the court may reissue or modify the 
previous order of release. 
10. Return to a secure treatment facility due to likelihood of causing injury. A 
juvenile released pursuant to subsection 7 whose return to a secure treatment facility is 
considered necessary due to failure to comply with the conditions of the juvenile's court-
approved treatment plan or who due to a deterioration in functioning now presents a 
likelihood of harm to self or others due to mental disease or defect, upon the verified 
petition of any interested person, may be brought before any judge of the District Court 
upon the judge's order. The court shall hold a hearing for the purpose of reviewing the 
mental condition of the juvenile and the order for release. The court may order the 
juvenile detained for observation and treatment, if appropriate, at a secure treatment 
facility pending the hearing. The detention may not exceed 14 days. The psychiatrist 
shall report to the court prior to the hearing as to the mental condition of the juvenile, 
indicating specifically whether the juvenile may return to the community without 
likelihood that the juvenile will cause injury to self or others due to mental disease or 
defect. The court shall receive the testimony of the psychiatrist who observed or treated 
the juvenile during the period of detention, any member of the State Forensic Service 
who has examined the juvenile during the period of detention and any other relevant 
testimony. Following the hearing, the court may reissue, modify or rescind the previous 
order of release.' 
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COMMITTEE AMENDMENT :8 . to H.P. 69, L.D. 71 
SUMMARY 
This amendment replaces the bill and does the following. 
I. It clarifies definitions of the juvenile defense of not criminally responsible by 
reason of insanity by making language consistent with the defense as it applies to adult 
criminal matters. 
2. It creates procedures similar to those that exist for adults found not criminally 
responsible by reason of insanity for the review by the juvenile court of a juvenile's 
placement, transfer, release and discharge from the custody of the Department of Health 
and Human Services. 
3. It specifies that subsequent hearings for juveniles found not criminally responsible 
by reason of insanity may not be open to the public. 
4. It provides a mechanism for notice to the victim when a juvenile is released from 
secure treatment. 
5. It allocates the procedures governing findings and hearings related to juveniles 
found not criminally responsible by reason of insanity to the sequence of sections in the 
Maine Juvenile Code governing adjudicatory hearings, findings and adjudication, thereby 
clarifying that a finding of not criminally responsible by reason of insanity precludes 
adjudication of a juvenile crime. 
6. It provides procedures by which a juvenile may enter an answer of not criminally 
responsible by reason of insanity alone or coupled with a denial of the charges. 
7. It provides authority to the juvenile court to order a diagnostic evaluation of a 
juvenile who enters an answer of not criminally responsible by reason of insanity alone or 
coupled with a denial of the charges. 
8. It provides that copies of treatment plans, reports and petitions must be distributed 
to all parties, including the juvenile and the juvenile's parents, guardian or legal custodian 
if the juvenile has any. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 12113/07 
~ac 
LD71 
LR 843(04) 
An Act To Amend the Laws Governing the Plea of Not Criminally Responsible by Reason of Mental 
Disease or Defect in Juvenile Cases 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ~" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
The Department of Health and Human Services will require additional General Fund appropriations to support the 
costs of providing secure treatment to certain juveniles. The average annual General Fund cost for each affected 
juvenile is estimated to be $78,000. The timing of the required appropriations can not be determined at this time. The 
incidence of this legislation is expected to be very small as only 2 potential cases have occured in the last 15 years. 
The additional costs to the Judicial Department and the Department of the Attorney General associated with this bill 
can be absorbed utilizing existing budgeted resources. 
LR0843(04) - Fiscal Note - Page 1 of 1