An Act To Allow Law Enforcement and Family Members To Petition the District Court To Initiate Assisted Outpatient Treatment
Maine Legislature, Session 124, LD 1360
Committee Amendment CA_A-SA_B_S520 (Senate)
Amends: 34-B MRSA §3862

SENATE AMENDMENT" 8 " to COMMITTEE AMENDMENT "A" to S.P. 495, 
L.D. 1360, Bill, "An Act To Allow Law Enforcement and Family Members To Petition 
the District Court To Initiate Assisted Outpatient Treatment" 
Amend the amendment by striking out all of section 11 (page 4, lines 16 to 41 in 
amendment) and inselting the following: 
'Sec. 11. 34-B MRSA §3862, sub-§l, as amended by PL 2007, c. 178, §1, is 
further amended to read: 
1. Law enforcement officer's power. If a law enforcement officer has reasonable 
grounds probable cause to believe, based upon probable cause, that a person may be 
mentally ill and that due to that condition the person presents a threat of imminent and 
substantial physical hrum to that person or to other persons, or if a law enforcement 
officer knows that a person has rul advance health care directive authorizing mental health 
treatment and the officer has reasonable grounds probable cause to believe, based upon 
probable cause, that the person lacks capacity, the law enforcement officer: 
A. May take the person into protective custody; ruld 
B. If the law enforcement officer does take the person into protective custody, shall 
deliver the person immediately for examination by a medical practitioner as provided 
in section 3863 or, for a person taken into protective custody who has an advance 
health care directive authorizing mental health treatment, for examination as provided 
in Title 18-A, section 5-802, subsection (d) to determine the individual's capacity and 
the existence of conditions specified in the advance health care directive for the 
directive to be effective. The examination may be perfonned by a licensed physician, 
a licensed clinical psychologist, a physician's assistant, a nurse practitioner or a 
certified psyehiatric clinical nurse specialist. 
When,-in formulating probable cause, the law enforcement officer relies may rely upon 
information provided by a 3rd-party infonnant, if the officer shall confinn confirms that 
the informant has reason to believe, based upon the informant's recent personal 
observations of or conversations with a person, that the person may be mentally ill and 
that due to that condition the person presents a threat of imminent and substantial 
physical harm to that person or to other persons.' 
SENATE AMENDMENT 
~i'" 
. 10 
SENATE AMENDMENT:f) "to COMMITTEE AMENDMENT "A" to S,P, 495. L.D. 1360 
SUMMARY 
This amendment restores the requirement in the mental health protective custody 
laws under the Maine Revised Statutes, Title 34-B, section 3862 that a law enforcement 
officer confirm that an informant has reason to believe, based upon the informant's recent 
personal observations of or conversations with a person, that a person may be mentally ill 
and that due to that condition the person presents a threat of imminent and substantial 
physical harm to that person or to other persons. 
SPONSORED BY: w.~ 
(selllatorNUTTING~'~\ 
COUNTY: Androscoggin 
SENATE A IENDMENT 
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