An Act To Clarify the Status of Patients Held under Involuntary Commitment Applications
Maine Legislature, Session 125, LD 1688
Committee Amendment CA_A_H747 (House)
Amends: 15 MRSA §393, 34-B MRSA §3873-A

COMMITTEE AMENDMENT .{1 " to H.P. 1240, L.D. 1688, Bill, "An Act To 
Clarify the Status of Patients Held under Involuntary Commitment Applications" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA §393, sub-§4-A, as enacted by PL 2007, c. 670, §9 and 
affected by §24, is amended to read: 
4-A. Application for relief. Except as otherwise provided, a person subject to the 
federal prohibition against possession of firearms pursuant to 18 United States Code, 
Section 922(g)(4) as a result of being adjudicated a mental defective or committed to any 
psycHiatric Hospital pursuant to Title 34 B, section 3863 and who Has not been committed 
to a psycHiatric Hospital pursuant to an order of the District Court pursuant to Title 34 B, 
section 3864 may, after the expiration of 5 years from the date of final discharge from 
commitment, apply to the commissioner for relief from the disability. 
Relief is not available under this subsection for a person found not criminally responsible 
by reason of insanity or incompetent to stand trial in a criminal case or a person adjudged 
by a Probate Court to lack the capacity to contract or manage the person's own affairs. 
A. 
An application under this subsection must be on a form developed by the 
commissioner. The application must include the applicant's full name; all aliases; 
date and place of birth; place of legal residence; occupation; make and model of the 
firearm sought to be possessed; reason for the request; date, place and docket number 
of commitment; name of institution to which applicant was committed; names of 
providers that provided mental health treatment for the applicant; date of discharge 
from commitment; release for all mental health records; and any other information 
determined by the commissioner to be of assistance. 
The application must be 
accompanied by certified or attested copies of the commitment from which the 
applicant seeks relief and the report of an independent psychologist or psychiatrist 
licensed to practice in this State specifically addressing the factors set forth in 
paragraph E. 
The commissioner may establish a roster of psychologists and 
psychiatrists qualified and interested in doing these evaluations. The psychologist or 
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psychiatrist must be available for cross-examination. The psychologist or psychiatrist 
listed on the roster is an employee for the purposes of the Maine Tort Claims Act for 
evaluations under this paragraph. 
B. The commissioner has the independent authority to establish the following, to be 
paid by the applicant: 
(1) Application fee; and 
(2) Fees for evaluations required by paragraph A. 
C. Upon receipt of a completed application, the commissioner shall notify persons 
who received notice of the commitment pursuant to Title 34-B, section 3864, 
subsection 3, paragraph A, subparagraph (2) and the district attorney, chief of police 
and sheriff in the municipality and county where the applicant resides of the filing of 
the application, with a request to provide to the commissioner any information 
relevant to the factors in paragraph E. 
D. 
Upon receipt of a completed application, the commissioner shall review the 
application and determine whether the person has made a prima facie showing of the 
elements of paragraph E. If the commissioner determines that the person has made a 
prima facie showing, the commissioner shall schedule a hearing. 
E. 
The burden of proof is on the applicant to prove, by clear and convincing 
evidence, that the circumstances that led to the involuntary commitment to a hospital 
have changed, that the applicant is not likely to act in a manner dangerous to public 
safety and that granting the application for relief will not be contrary to the public 
interest. 
F. If the commissioner finds by clear and convincing evidence that the circumstances 
that led to the involuntary commitment have changed, that the applicant is not likely 
to act in a manner dangerous to public safety and that granting the application for 
relief will not be contrary to the public interest, the commissioner may grant relief. 
G. Notwithstanding any other provision of law, and except as indicated in this 
paragraph, all applications for relief pursuant to this subsection and documents made 
a part of the application, refusals and any information of record collected by the 
commissioner during the process of determining whether an applicant qualifies for 
relief are confidential and may not be made available for public inspection or copying 
unless: 
(1) The applicant waives this confidentiality in writing or on the record of any 
hearing; or 
(2) A court of record so orders. Proceedings relating to the grant or denial of 
relief are not public proceedings under Title 1, chapter 13. 
The commissioner shall make a permanent record, in the form of a summary, of the 
final decision regarding each application. The summary must include the name of the 
applicant and indicate whether the application for relief was granted or denied. The 
information contained in this summary is available for public inspection. 
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H. 
An applicant may appeal the denial of an application for relief under this 
subsection within 30 days of receipt of the written notice of decision by filing a 
complaint in the District Court for de novo review in the district where the 
Department of Public Safety has its principal office. Hearings are closed unless 
otherwise agreed to by the applicant. A party aggrieved by a decision of the District 
Court may not appeal as of right. The time for taking the appeal and the manner and 
any conditions for the taking of the appeal are as the Supreme Judicial Court provides 
by rule. 
Sec. 2. 34-B MRS A §3863, sub-§9 is enacted to read: 
9. Limitation. Admission to a psychiatric hospital on an emergency basis under the 
provisions of this section is not commitment to a psychiatric hospital. 
Sec. 3. 34-B MRSA §3873-A, sub-§7,~, as enacted by PL 2009, c. 651, §29, 
is amended to read: 
B. Issue aR order of emergeRCY commitmeRt Endorse an application for admission to 
a psychiatric hospital under section 3863 conditioned on receiving a certificate from a 
medical practitioner that the patient has failed to comply with an essential 
requirement of the treatment plan; and' 
SUMMARY 
This amendment replaces the bill and clarifies that an application for admission to a 
psychiatric hospital under the Maine Revised Statutes, Title 34-B, section 3863 is not a 
commitment to a psychiatric hospital. It retains the effect of the bill. The amendment 
strikes a reference to commitment under Title 34-B, section 3863 in the criminal laws on 
firearms possession. 
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