An Act To Create the Mental Health Homicide Review Board
Maine Legislature, Session 123, LD 1951
Committee: Health and Human Services
Sponsors: BERRY, BRAUTIGAM, CARTER, CUMMINGS, FAIRCLOTH, BRANNIGAN, NUTIING

Legislative Document 
No. 1951 
H.P.1389 
House of Representatives, December 20, 2007 
An Act To Create the Mental Health Homicide Review Board 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Recei ved by the Clerk of the House on December 18, 2007. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative BERRY of Bowdoinham. 
11/~/J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRAUTIGAM of Falmouth, CARTER of Bethel, Speaker 
CUMMINGS of Portland, FAIRCLOTH of Bangor, Senators: BRANNIGAN of Cumberland, 
NUTIING of Androscoggin. 
Printed on m:ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-B MRSA c. 1, sub-c. 7 is enacted to read: 
SUBCHAPTER 7 
MENTAL HEALTH HOMICIDE REVIEW BOARD 
§1931. Mental Health Homicide Review Board 
The Mental Health Homicide Review Board, referred to in this subchapter as "the 
board," is established to review homicides in which the victim or defendant had a mental 
illness. 
1. Members. The board consists of: 
A. The Chief Medical Examiner; 
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B. A physician appointed by the Governor; 
C. A nurse appointed by the Governor; 
D. A law enforcement officer appointed by the Governor; 
E. The Commissioner of Health and Human Services; 
F. The Commissioner of Corrections; 
G. The Commissioner of Public Safety; 
H. A Judge assigned by the Chief Justice of the Supreme Judicial Court; 
I. A representative of a prosecutors association; 
J. An assistant attorney general responsible for the prosecution of homicide cases 
who is designated by the Attorney General; 
K. An assistant attorney general handling mental health cases who is designated by 
the Attorney General; 
L. A mental health service provider appointed by the Governor; and 
M. Three persons designated by a statewide coalition for the mentally ill. 
Members who are not state officials serve 2-year tenns without compensation. 
2. 
Recommendations. The board shall recommend to state and local agencies 
methods of preventing homicides involving persons with mental illness, including 
modifications of laws, rules, policies and procedures, following completion of 
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adjudication. 
3. Collect data. The board shall collect and compile data related to homicides 
involving persons with mental illness. 
Page I - 123LR3248(Ot)-t 
4. Information and records. In any case subject to review by the board, upon oral 
or written request of the board, any person that possesses information or records that are 
necessary and relevant to a homicide review 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. 
5. Confidentiality. The proceedings and records of the board are confidential and 
are not subject to subpoena, discovery or introduction into evidence in a civil or criminal 
action. The board shall disclose conclusions of the board upon request but may not 
disclose information, records or data that are otherwise classified as confidential. 
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6. 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. 
Sec. 2. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 34-
B, section 193 I, subsection I, half of the members initially appointed by the Governor to 
the Mental Health Homicide Review Board must be appointed for a one-year term. 
SUMMARY 
This bill establishes the Mental Health Homicide Review Board to review homicides 
in which the victim or defendant had a mental illness. The board shall recommend to 
state and local agencies methods of preventing homicides involving persons with mental 
illness. The board shall collect and compile data related to homicides involving persons 
with mental illness and shall report biennially to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters.