An Act To Streamline the Process for Court-ordered Mental Health Examinations in Criminal Cases
Maine Legislature, Session 124, LD 1200
Committee Amendment CA_A_H337 (House)

COMMITTEE AMENDMENT "A" to H.P. 824, L.D. 1200, Bill, "An Act To 
Streamline the Process for Court-ordered Mental Health Examinations in Criminal Cases" 
Amend the bill in section 3 in § 10 I-D in subsection 2 by striking out all of paragraph 
A (page 2, lines 18 to 39 in L.D.) and inserting the following: 
'A. Upon motion by the defendant or by the State, a court having jurisdiction in any 
criminal case may fofcause shown order that the defendant be examined by the State 
Forensic Service for evaluation of the defendant's mental state at the time of the 
crime with reference to criminal responsibility under Title 17-A, section 39 and 
abnormal condition of the mind under Title 17-A, section 38. 
(1) 
When ordered to evaluate a defendant under this paragraph, the State 
Forensic Service shall promptly examine the defendant and the circumstances of 
the crime and provide a report of its evaluation to the court. If, based upon its 
examination, the State Forensic Service concludes that further examination is 
necessary to fully evaluate the defendant's mental state at the time of the crime, 
the report must so state and must set forth recommendations as to the nature and 
scope of any further examination. 
(2) The court shall forward any report filed by the State Forensic Service to the 
defendant or the defendant's attorney and, unless the defendant had objected to 
the order for examination or unless the attorney for the State has agreed that the 
report need not be forwarded to the State except as set forth in subparagraph (3), 
to the attorney for the State. 
(3) If the court orders an examination under this paragraph over the objection of 
the defendant, any report filed by the State Forensic Service may not be shared 
with the attorney for the State, unless with reference to criminal responsibility the 
defendant enters a plea of not criminally responsible by reason of insanity or with 
reference to an abnormal condition of mind the defendant provides notice to the 
attorney for the State of the intention to introduce testimony as to the defendant's 
abnormal condition of mind pursuant to the Maine Rules of Criminal Procedure, 
Rule 16A(a).' 
Page I - 124LRI902(02)-1 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A" to H.P. 824, L.D. 1200 
SUMMARY 
This amendment restructures part of the bill concerning evaluation with reference to 
insanity or abnormal condition of mind. 
The bill provides that the court shaH forward any report filed by the State Forensic 
Service to both the defendant or the defendant's attorney and the State, unless the 
defendant has objected to the order for the examination, in which case the report is not 
provided to the State. This amendment provides that the report is not provided to the 
State if the State has agreed that the report need not be forwarded to the attorney for the 
State except when the defendant enters a plea of not criminally responsible by reason of 
insanity or the defendant provides notice of the intention to introduce testimony as to the 
defendant's abnormal condition of mind. 
The amendment rewords the language with regard to the disposition of reports when 
the court orders an examination over the objection of the defendant. The report may not 
be shared with the attorney for the State unless the defendant enters a plea of not 
criminally responsible by reason of insanity or the defendant provides notice of the 
intention to introduce testimony as to the defendant's abnormal condition of mind. 
COMMITTEE AMENDMENT 
') 
. '\) 
.. ,l 
)