An Act To Create the Mental Health Homicide Review Board
Maine Legislature, Session 123, LD 1951
Committee Amendment CA_A_H950 (House)
Amends: 34-B MRSA §1207

COMMITTEE AMENDMENT" A-" to H.P. 1389, L.D. 1951, Bill, "An Act To 
Create the Mental Health Homicide Review Board" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Create the Mental Health Homicide, Suicide and Aggravated 
Assault Review Board' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 34-B MRSA §1207, sub-§l, ~, as amended by PL 2007, c. 286, §2, is 
further amended to read: 
B. 
Information may be disclosed if necessary to carry out the statutory functions of 
the department, the hospitalization provisions of chapter 3, subchapter 4, the 
provisions of section 193 I, the purposes of sections 3607-A and 3608, the purposes 
of Title 5, section 19506 or the purposes of United States Public Law 99-319, dealing 
with the investigatory function of the independent agency designated with advocacy 
and investigatory functions under United States Public Law 88-164, Title I, Part C or 
United States Public Law 99-319; 
Sec. 2. 34-B MRSA c. 1, sub-c. 7 is enacted to read: 
SUBCHAPTER 7 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1389, L.D. 1951 
MENTAL HEALTH HOMICIDE, SUICIDE AND AGGRAVATED 
ASSAULT REVIEW BOARD 
§1931. Mental Health Homicide, Suicide and Aggravated Assault Review Board 
The Mental Health Homicide, Suicide and Aggravated Assault Review Board, 
referred to in this subchapter as "the board," is established. The board shall review 
homicides, suicides and aggravated assaults involving a person with severe and persistent 
mental illness as defined in section 3801, subsection 8-A. 
1. Members. The board consists of: 
A. 
An attorney who is a member of a statewide association of criminal defense 
lawyers appointed by the President of the Senate; 
B. A psychiatrist appointed by the Speaker of the House; 
C. A psychiatric nurse appointed by the President of the Senate; 
D. A psychologist appointed bythl! Speaker of the House; 
E. A law enforcement officer appointed by the President of the Senate; 
F. 
The Commissioner of Health and Human Services or the commissioner's 
designee; 
G. The Commissioner of Corrections or the commissioner's designee; 
H. The Commissioner of Public Safety or the commissioner's designee; 
I. A judge or justice assigned by the Chief Justice of the Supreme Judicial Court; 
J. A representative of a prosecutors association designated by the Attorney General; 
K. An assistant attorney general responsible for the prosecution of homicide cases 
designated by the Attorney General; 
L. An assistant attorney general responsible for mental health cases designated by 
the Attorney General; 
M. A mental health service provider appointed by the Speaker of the House; 
N. A victim-witness advocate designated by the Attorney General; and 
O. Three persons appointed by the Governor from a list of nominees designated by 
statewide organizations that advocate for the rights of persons with serious and 
persistent mental illness. At least one of the appointees must represent the interests 
of persons with severe and persistent mental illness who are victims of crimes. 
2. 
Terms. 
Members who are not state officials serve 2-year terms without 
compensation. 
3. Recommendations. 
The board shall recommend to state and local agencies 
methods of preventing homicides, suicides and aggravated assaults involving persons 
with severe and persistent mental illness, including modifications of laws, rules, policies 
and procedures. 
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COMMITTEE AMENDMENT"~" to H.P. 1389, L.D. 1951 
4. Collect data. 
The board shall collect and compile data related to homicides, 
suicides and aggravated assaults involving persons with severe and persistent mental 
illness. The board shall ensure that the collection of data and work of the board do not 
interfere with any pending criminal investigation or prosecution by state or county 
authoriti es. 
5. Information and records. 
In any case subject to review by the board, upon 
written request of the board, any interested party that possesses information or records 
that are necessary and relevant to a review under this section shall as soon as practicable 
provide the board with the information and records. Persons disclosing or providing 
information or records upon the request of the board in compliance with this subsection 
are not criminally or civilly liable for disclosing or providing information or records. 
6. Confidentiality. The proceedings of the board are confidential and are not public 
meetings for the purposes of the laws governing freedom of access, Title I, chapter 13. 
Records of the board are confidential, are not public records for the purposes of the laws 
governing freedom of access, Title I, chapter 13 and are not subject to subpoena, 
discovery or introduction into evidence in a civil or criminal action. The board shall 
disclose conclusions and recommendations of the board upon request in a manner that 
does not identify the parties, victims or witnesses. The board and members of the board 
may not disclose information, records or data that are otherwise classified as confidential. 
7. 
Unlawful dissemination. 
A member of the board is guilty of unlawful 
dissemination if the member of the board knowingly disseminates records or information 
from those records that is confidential pertaining to a homicide, suicide or aggravated 
assault subject to review by the board. 
Unlawful dissemination is a Class E crime, 
punishable by a fine of not more than $500 or by imprisonment of not more than 30 days. 
8. Report. The board shall submit a report on the board's activities, conclusions and 
recommendations to the joint standing committee of the Legislature having jurisdiction 
over health and human services matters by January 30, 2009 and biennially thereafter. 
The committee shall review the report in a public meeting at which members of the 
public are provided an opportunity to address the committee. 
Sec. 3. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 34-B, 
section 1931, subsection 2, 2 of the members initially appointed by the Governor to the 
Mental Health Homicide, Suicide and Aggravated Assault Review Board must be 
appointed for one-year terms.' 
SUMMARY 
This amendment provides a new title for the bill and names the review board the 
Mental Health Homicide, Suicide and Aggravated Assault Review Board. It clarifies that 
the board has jurisdiction to review homicides, suicides and aggravated assaults involving 
persons with severe and persistent mental illness. It retains the same number of members 
on the board but changes the groups of persons represented or the reference to the groups. 
It requires the board to ensure that its data collection and work do not interfere with 
criminal investigations or prosecutions. 
It requires demands for the production of 
information or records to the board to be in writing and to an interested party. With 
regard to the restriction on releasing information, data or records, it extends that 
COMMITTEE AMENDMENT 
CO MM ITTEE AM ENDM ENT'~ .. to H.P. 1389, L.D. 1951 
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restriction beyond the board to members of the board and makes dissemination in 
violation of the law a Class E crime. 
It requires disseminated conclusions and 
recommendations of the board to be disclosed in a manner that does not identify parties, 
victims or witnesses. It requires the biennial report of the board to be reviewed by the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters at a public meeting at which members of the public have an opportunity 
to address the committee. It amends the general confidentiality law that applies to the 
Department of Health and Human Services with regard to mental health information, 
exempts meetings and records of the board from the laws governing freedom of access in 
order to guard confidentiality and allows release of information of the work ofthe board. 
FISC-\L \()TF HF()L IRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/07/08 .:;:b;?'ac 
LD 1951 
LR 3248(02) 
An Act To Create the Mental Health Homicide Review Board 
Fiscal Note for Bill as Amended by Committee Amendment ,,~ " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new Class E crime. Sentences for a Class E crime must be served in a county jail. The average cost to a 
county for each Class E sentence is $2,959 based on an average length of stay of 27 days. The Judicial Department 
anticipates a minor increase in caseload from this new crime. 
Fiscal Detail and Notes 
Costs associated with serving on the review board can be absorbed by the Department of Health and Human Services, 
the Department of Corrections, the Judicial Department, the Department of the Attorney General and the Department 
of Public Safety utilizing existing budgeted resources. 
LR3248(02) - Fiscal Note - Page I of I