An Act To
Maine Legislature, Session 124, LD 0341
Committee Amendment CA_A_S197 (Senate)
Amends: 34-B MRSA §3873

COMMITTEE AMENDMENT ,,~ " to S.P. 105, L.D. 341, Bill, "An Act To 
Amend the Department of Health and Human Services' Progressive Treatment Program" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 34-B MRSA §3873, sub-§2, ~, as enacted by PL 2005, c. 519, Pt. 
BBBB, § 14 and affected by §20, is amended to read: 
B. The person mllst: 
(I) Be U ll. 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 offiling 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 detennination 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-B 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 4 and 5, 
participation in the progressive treatment program must be for a-tefffi an initial period of 
months or an extension of participation of 6 months. The District Court may not order 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " 
to S.P. lOS, L.D. 341 
participation in the progressive treatment program' for ronger than 12 months 
consecutively. 
Participation ends if a person successfully completes the program in 
accordance with subsection 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-B MRSA §3873, sub-§3-A is enacted to read: 
3-A. 
Extension of participation. 
Prior to the end of the initial period of 
participation under subsection 3, the District Court may order an extension of 
participation for 6 months for a person who is eligible under this subsection. 
A. A person is eligible for an extension of participation if the person is a participant 
in the progressive treatment program and meets the requirements of subsection 2, 
paragraph E, subparagraphs (1), (2) and (4). 
E. The assertive community treatment team providing treatment and care for the 
person shall determine whether the person is eligible for an extension of participation 
and whether an extension of participation is in the best interest of the person and shall 
complete a certificate stating those conclusions if they are in the affirmative and the 
basis for the conclusions. 
C. 
A physician, psychologist, certified psychiatric nurse specialist or nurse 
practitioner who is a member of the assertive community treatment team shall file 
with the District Court: 
(1) The certificate completed under paragraph B; 
(2) An application for an extension of participation; and 
(3) A written statement certifying that a copy of the application and certificate 
under paragraph E have been given personally to the person and that the person 
has been notified of the right to retain an attorney or to have an attorney 
appointed. 
D. 
The following procedures apply when an application for an extension of 
participation has been filed under paragraph C: 
(1) The assertive community treatment team shall give notice personally to the 
person, including a copy of the certificate completed under paragraph E; and 
(2) The person must be afforded an opportunity to be represented by counsel, 
and if neither the person nor others provIde counsel, the court shall appoint 
counsel for the person. 
E. The District Court shall: 
(I) Provide notice in accordance with section 3864, subsection 3; 
(2) Provide notice to the person of the right to counsel, including the right to 
cOUJ1-appointed counsel, and if neither the person nor others have provided 
counsel, the court shall appoint counsel for the person; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 105, L.D. 341 
(3) Provide notice to the person of the right to select an examiner for the mental 
health exam ination under su bparagraph (4); 
(4) Provide a mental health exam ination by 2 examiners, each of whom must be 
a licensed physician or a licensed clinical psychologist, in accordance with 
section 3864, subsection 4, paragraph A, subparagraph 2-A; 
(5) Hold a hearing in accordance with section 3864, subsection 5, paragraphs A, 
C, G and H; 
(6) Make a determination of whether the person is eligible for an extension of 
participation and whether an extension of participation is in the best interest of 
the person, based on findings stated in the record; and 
(7) If the District Court finds that the person is eligible for an extension of 
participation and that an extension of participation is in the best interest of the 
person, the District Court shall enter an order extending participation for 6 
months. If the District Court finds that the person is not eligible for an extension 
of participation or that an extension of participation is not in the best interest of 
the person, the District Court shall dismiss the application. 
F. The provisions of section 3864, subsections 10 and 11 apply to expenses and the 
ri ght of appeal. 
Sec. 4. 34-B MRSA §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 6-month period of extension ordered by the court 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. 
Sec. 5. Report. By January 1, 2010 the Department of Health and Human Services 
shall provide a report to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters regarding the following: 
1. The needs of persons who are eligible to participate in the progressive treatment 
program under the Maine Revised Statutes, Title 34-B, section 3873, the needs of persons 
who are participating in the progressive treatment program and the resources available to 
meet those needs; 
2. The costs of community-based care and hospitalization in community hospitals 
and state mental health institutes for persons who would be eligible to participate in the 
progressive treatment program; and 
3. An analysis of implementation of the progressive treatment program for persons 
who were hospitalized at the state mental health institutes, including measurable 
outcomes.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'A "to S.P. 105, L.D. 341 
SUMMARY 
This amendment lowers the mInImum age for participation in the progressive 
treatment program to 18 years of age. The amendment provides the process by wh ich the 
assertive community treatment team for a person in the progressive treatment program 
may apply to the District Court for one extension of participation for up to 6 months and 
the process by which the court makes a determination of whether to order an extension of 
participation. 
COMMITTEE AMENDMENT 
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