An Act To Amend the Department of Health and Human Services Progressive Treatment Program
Maine Legislature, Session 124, LD 0341
Committee: Health and Human Services
Sponsors: NUTTING, MARRACHE, RA YE, LEWIN, PERRY
Amends: 8 MRSA §3873, 13 MRSA §3873

Legislative Document 
No. 341 
S.P.105 
In Senate, February 3, 2009 
An Act To Amend the Department of Health and Human Services' 
Progressive Treatment Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator NUTTING of Androscoggin. 
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JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: MARRACHE of Kelmebec, RA YE of Washington, Representatives: 
LEWIN of Eliot, PERRY of Calais. 
Printed on rn;ycled ral-H 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-:8 MRSA §3873, sub-§2, 1/ffB, as enacted by PL 2005, c. 519, Pt. 
BBBB, § 14 and affected by §20, is amended to read: 
B. The person must: 
(I) Be U 12. years of age or older; 
(2) Have been clinically determined to be suffering from a severe and persistent 
mental illness; 
(3) Have been under an order of involuntary commitment to a state mental health 
institute at the time of filing of the application for progressive treatment; and 
(4) Have been clinically determined to be in need of the progressive treatment 
program in order to prevent interruptions in treatment, relapse and deterioration 
of mental health and to enable the person to survive safely in a community setting 
in the reasonably foreseeable future without posing a likelihood of serious harm 
as defined in section 3801, subsection 4, paragraph D. A determination under 
this subparagraph must be based on current behavior, treatment history, 
documented history of positive responses to treatment while hospitalized, relapse 
and deterioration of mental health after discharge and inability to make informed 
decisions regarding treatment. 
Sec. 2. 34-:8 MRSA §3873, sub-§3, as enacted by PL 2005, c. 519, Pt. BBBB, 
§14 and affected by, §20, is amended to read: 
3. Duration of participation. Except as provided in subsections 3-A, 4 and 5, 
participation in the progressive treatment program must be for a term of 6 months. 
Participation ends if a person successfully completes the program in accordance with 
subsection 3-A or 4 or is hospitalized pursuant to a court order entered under subsection 
5. Participation in the program is temporarily suspended if the person is voluntarily 
rehospitalized and recommences upon discharge from the hospital. 
Sec. 3. 34-13 MRSA §3873, sub-§3-A is enacted to read: 
3-A. Extension of participation. Prior to the end of the period of participation 
under subsection 3, the District Court may order an extension of participation for up to 6 
months if the assertive community treatment team providing treatment and care for the 
person determines that an extension of participation is in the best interest of the person. 
Sec. 4. 34-:8 MRS A §3873, sub-§4, as enacted by PL 2005, c. 519, Pt. BBBB, 
§14 and affected by §20, is amended to read: 
4. Successful completion. A person who fully participates in the program and who 
follows the individualized treatment plan successfully completes the program upon 
expiration of 6 months or the period of extension authorized by court order under 
subsection 3-A or upon certification by the assertive community treatment team physician 
or psychologist that the person is no longer in need of the services of the program. 
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SUMMARY 
This bill provides for an extension of up to 6 months of the period of participation in 
the Department of Health and Human Services' progressive treatment program for a 
person suffering from a severe and persistent mental illness who has been involuntarily 
committed to a state mental health institute and who has been participating in the 
progressive treatment program. This bill also changes the age for participating in the 
progressive treatment program from 21 years of age and older to 19 years of age and 
older. 
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