An Act To
Maine Legislature, Session 123, LD 1953
Committee Amendment CA_A_H769 (House)
Amends: 15 MRSA §892, 34-A MRSA §3805, 34-A MRSA §4104

COMMITTEE AMENDMENT "A" to H.P. 1391, L.D. 1953, Bill, "An Act To 
Amend the Laws Relating to the Department of Corrections" 
Amend the bill by striking out all of section I and inserting the following: 
'Sec. 1. 15 MRS A §891, as amended by PL 2007, c. 277, §I, is repealed and the 
following enacted in its place: 
§891. Dismissal on satisfaction of private injury 
1. General rule. When a person is charged with a Class D or Class E crime, or is 
the subject of a juvenile petition alleging a juvenile crime that would constitute a Class D 
or Class E crime if the juvenile involved were an adult, for which the party injured has a 
remedy by civil action, if the injured party appears before the court and in writing 
acknowledges satisfaction for the injury, the court, on payment of all costs, may dismiss 
the charge. 
2. Exceptions. This section does not apply to the crime or juvenile crime of refusing 
to submit to arrest or detention as defined by Title 17-A, section 751-A, to any crime or 
juvenile crime in which the alleged victim is a family or household member as defined in 
Title 19-A, chapter 101 or to any juvenile who has previously been adjudicated of a 
juvenile crime or who has previously obtained relief under this section with respect to a 
juvenile petition. 
Sec. 2. 15 MRSA §892, as corrected by RR 2007, c. 1, §7, is repealed and the 
following enacted in its place: 
§892. Bar to civil action 
An order of dismissal entered pursuant to section 891 bars all further remedy by civil 
action for such an injury.' 
Amend the bill by striking out all of sections 6 and 7 and inserting the following: 
COMMITTEE AMENDMENT 
,.... .. ,. 
I 
II 
COMMITTEE AMENDMENT "A " 
to H.P. 1391, L.D. 1953 
'Sec. 6. 34-A MRSA §3805, sub-§2, as amended by PL 2005, c. 507, §22, is 
further amended to read: 
2. Limitations. A person may not be detained or confined in or committed to the 
facility if that perSOR is more appropriately a sl:1bject for iRteRsive temporary Ol:1t of home 
treatment services or for iR home treatmeRt services provided by or throl:1gh the 
DepartmeRt of Health aRd Hl:1maR Services as agreed I:1pOR b~' the commissioRer aRd the 
CommissioRer of Health aRd HumaR Services or their desigRees, upon petition by the 
commissioner or the commissioner's designee and after hearing, the court finds by a 
preponderance of the evidence that the person is more appropriately a subject for 
intensive treatment services that are available and provided by or through the Department 
of Health and Human Services. Prior to the hearing, the court shaB provide notice of the 
hearing in writing or oraBy to the juvenile, the juvenile's parents, the juvenile's guardian 
or legal custodian, the attorney for the State and the Department of Health and Human 
Services. 
Sec. 7. 34-A MRSA §4104, sub-§2, as amended by PL 2005, c. 507, §26, is 
further amended to read: 
2. Limitations. A person may not be detained or confined in or committed to the 
facility if that persoR is more appropriately a sl:1bject for iRteRsive temporary Ol:1t of home 
treatment services or for iR home treatmeRt services provided by or throl:1gh the 
DepartmeRt of Health aRd Hl:1maR Services as agreed UpOR by the commissioRer aRd the 
CommissioRer of Health aRd Hl:1maR Services or their desigRees, upon petition by the 
commissioner or the commissioner's designee and after hearing, the court finds by a 
preponderance of the evidence that the person is more appropriately a subject for 
intensive treatment services that are available and provided by or through the Department 
of Health and Human Services. Prior to the hearing, the court shaB provide notice of the 
hearing in writing or oraBy to the juvenile, the juvenile'S parents, the juvenile'S guardian 
or legal custodian, the attorney for the State and the Department of Health and Human 
Services. ' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment rewrites the Maine Revised Statutes, Title 15, section 891, which 
deals with accord and satisfaction, to clarify the purpose of the statute and to repeal 
archaic language and references within that section to laws that have been recently 
amended. It also clarifies the intent of the biB, which is to preclude the use of the accord 
and satisfaction provision on corrections employees. 
The amendment also clarifies the roles of the Commissioner of Corrections, the 
Commissioner of Health and Human Services and the courts in the placement of juveniles 
who are more appropriately the subject for intensive treatment services that are available 
COMMITTEE AMENDMENT 
t-S 
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COMMITTEE AMENDMENT" n" to H.P. 1391, L.D. 1953 
and provided by or through the Department of Health and Human Services, instead of 
placement in the Department of Corrections. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/03/08 Mac.. 
LD 1953 
LR 3084(02) 
An Act To Amend the Laws Relating to the Department of Corrections 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'ff' 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with this legislation can be absorbed by the Judicial Department utilizing existing 
budgeted resources. 
LR3084(02) - Fiscal Note - Page 1 of 1