An Act To Increase the Availability of Mental Health Services
Maine Legislature, Session 126, LD 1515
Committee Amendment CA_B_H585 (House)
Amends: 15 MRSA §101-D, 34-A MRSA §3049, 34-A MRSA §3069-A, 34-A MRSA §3069-B, 34-B MRSA §1207

COMMITTEE AMENDMENT "E" to H.P. 1087, L.D. 1515, Bill, "An Act To 
Increase the Availability of Mental Health Services" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation authorizes the Commissioner of Corrections to transfer an 
adult jail inmate to a correctional facility for the purpose of providing the inmate with 
mental health services, and to accept placement of certain adult defendants in a mental 
health unit of a correctional facility; and 
Whereas, it is critically important to implement this authority as soon as possible in 
order to increase the availability of mental health services; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §101-D, sub-§5, as amended by PL 2013, c. 265, §2, is further 
amended to read: 
5. Finding of incompetence; custody; bail. If, after hearing upon motion of the 
attorney for the defendant or upon the court's own motion, the court finds that any 
defendant is incompetent to stand trial, the court shall continue the case until such time as 
the defendant is determined by the court to be competent to stand trial and may either: 
A. Commit the defendant to the custody of the Commissioner of Health and Human 
Services for appropriate placement in an appropriate program for observation, care 
and treatment of people with mental illness or persons with intellectual disabilities or 
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autism. An appropriate program may be in an institution for the care and treatment of 
people with mental illness, aR ~propriate resideRtial program that proy/ides sare aRd 
treatmeRt for perSORS villo ha'/e iRtelleetual disabilities or autism, an intermediate 
care facility for persons who have intellectual disabilities or autism, a crisis 
stabilization unit, a nursing home, a residential care facility, an assisted living 
facility, a hospice, a hospital, an intensive outpatient treatment program or any Ifs.tffig 
situatioR program specifically approved by the court. 
At the end of 30 days or 
sooner, and again in the event of recommitment, at the end of 60 days and 180 days, 
the State Forensic Service or other appropriate office of the Department of Health and 
Human Services shall forward a report to the Commissioner of Health and Human 
Services relative to the defendant's competence to stand trial and its reasons. The 
Commissioner of Health and Human Services shall without delay file the report with 
the court having jurisdiction of the case. The court shall ,hold a hearing on the 
question of the defendant's competence to stand trial and receive all relevant 
testimony bearing on the question. If the State Forensic Service's report or the report 
of another appropriate office of the Department of Health and Human Services to the 
court states that the defendant is either now competent or not restorable, the court 
shall within 30 days hold a hearing. If the court determines that the defendant is not 
competent to stand trial, but there does exist a substantial probability that the 
defendant will be competent to stand trial in the foreseeable future, the court shall 
recommit the defendant to the custody of the Commissioner of Health and Human 
Services for ~propriate placement in an appropriate program for observation, care 
and treatment of people with mental illness or persons with intellectual disabilities or 
autism. An appropriate program may be in an institution for the care and treatment of 
people with mental illness, aR appropriate resideRtial program that provides Safe aRd 
treatmeRt for perSORS who have iRtellestual disabilities or autism, an intermediate 
care facility for persons who have intellectual disabilities or autism, a crisis 
stabilization unit, a nursing home, a residential care facility, an assisted living 
facility, a hospice, a hospital, an intensive outpatient treatment program or any Ifs.tffig 
situatioR program specifically approved by the court. When a person who has been 
evaluated on behalf of the court by the State Forensic Service or other appropriate 
office of the Department of Health and Human Services is committed into the 
custody of the Commissioner of Health and Human Services under this paragraph, 
the court shall order that the State Forensic Service or other appropriate office of the 
Department of Health and Human Services share any information that it has collected 
or generated with respect to the person with the institution or residential program in 
which the person is placed. If the defendant is charged with an offense under Title 
17-A, chapter 9, 11 or 13 or Title 17-A, section 506-A, 802 or 803-A and the court 
determines that the defendant is not competent to stand trial and there does not exist a 
substantial probability that the defendant can be competent in the foreseeable future, 
the court shall dismiss all charges against the defendant and, unless the defendant is 
subject to an undischarged term of imprisonment, order the Commissioner of Health 
and Human Services to commence proceedings pursuant to Title 34-B, chapter 3, 
subchapter 4. If the defendant is charged with an offense other than an offense under 
Title 17-A, chapter 9, 11 or 13 or Title 17-A, section 506-A, 802 or 803-A and the 
court determines that the defendant is not competent to stand trial and there does not 
exist a substantial probability that the defendant can be competent in the foreseeable 
future, the court shall dismiss all charges against the defendant and, unless the 
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COMMITTEE AMENDMENT B .. to H.P. 1087, I".D. 1515 
defendant is subject to an undischarged term of imprisonment, notify the appropriate 
authorities who may institute civil commitment proceedings for the individual. If the 
defendant is subject to an undischarged term of imprisonment, the court shall order 
the defendant into execution of that sentence and the correctional facility to which the 
defendant must be transported shall execute the court's order; or 
B. Issue a bail order in accordance with chapter lOS-A, with or without the further 
order that the defendant undergo observation at an institution for the care and 
treatment of people with mental illness, an appropriate residential program that 
provides care and treatment for persons who have intellectual disabilities or autism, 
an intermediate care facility for persons who have intellectual disabilities or autism, a 
crisis stabilization unit, a nursing home, a residential care facility, an assisted living 
facility, a hospice, a hospital approved by the Department of Health and Human 
Services or an intensive outpatient treatment program or a hying situation any 
program specifically approved by the court or by arrangement with a private 
psychiatrist or licensed clinical psychologist and treatment when it is determined 
appropriate by the State Forensic Service. 
When outpatient observation and 
treatment is ordered an examination must take place within 45 days of the court's 
order and the State Forensic Service shall file its report of that examination within 60 
days of the court's order. The State Forensic Service's report to the court must 
contain the opinion of the State Forensic Service concerning the defendant's 
competency to stand trial and its reasons. The court shall without delay set a date for 
and hold a hearing on the question of the defendant's competence to stand trial, which 
must be held pursuant to and consistent with the standards set out in paragraph A. 
Sec. 2. 34-A MRSA §lOOl, sub-§l1-B is enacted to read: 
tt-B. Likelihood of serious harm. "Likelihood of serious harm" means a: 
A. Substantial risk of physical harm to a person, as manifested by that person's recent 
threats of, or attempts at, suicide or serious self-inflicted harm; 
B. Substantial risk of physical harm to other persons, as manifested by a person's 
recent homicidal or other violent behavior or recent conduct placing others in 
reasonable fear of serious physical harm; or 
C. Reasonable certainty that a person will suffer severe physical or mental harm as 
manifested by that person's recent behavior demonstrating an inability to avoid risk or 
to protect the person's self adequately from impairment or injury. 
This subsection is repealed August 1, 2017. 
Sec. 3. 34-A MRSA §lOOl, sub-§12-A is enacted to read: 
t2-A. Person with mental illness. "Person with mental illness" means a person who 
has attained 18 years of age and has been diagnosed as having a psychiatric or other 
illness that substantially impairs that person's mental health. An intellectual disability as 
defined in Title 34-B, section 5001, subsection 3 or a personality disorder is not a 
psychiatric or other illness for purposes of this subsection. This subsection is repealed 
August 1,2017. 
Sec. 4. 34-A MRSA §3049 is enacted to read: 
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COMMITTEE AMENDMENT.B "to H.P. 1087, L.D. 1515 
§3049. Involuntary medication of person with mental illness 
1. Grounds for involuntary medication. A person with mental illness residing in a 
mental health unit of a correctional facility that provides intensive mental health care and 
treatment may be given medication for the mental illness without the consent of the 
person if, upon application by the chief administrative officer of the facility, the Superior 
Court of the county in which the correctional facility is located finds by clear and 
convincing evidence that: 
A. The person is a person with mental illness; 
B. As a result of the mental illness, the person poses a likelihood of serious harm; 
C. The medication has been recommended by the facility's treating psychiatrist as 
treatment for the person's mental illness; 
D. The recommendation for the medication has been supported by a professional 
who is qualified to prescribe the medication and who does not provide direct care to 
the person; 
E. The person lacks the capacity to make an informed decision regarding medication; 
F. The person is unable or unwilling to consent to the recommended medication; 
G. The need for the recommended medication outweighs the risks and side effects; 
and 
H. The recommended medication is the least intrusive appropriate treatment option. 
For purposes of this subsection, "intensive mental health care and treatment" means daily 
on-site psychiatric treatment services, daily on-site group and individual mental health 
treatment and other therapeutic programs and 24-hour on-call psychiatric coverage and 
includes, as authorized in accordance with this section, the ability to order and administer 
involuntary medication for treatment purposes. 
2. Rights prior to involuntary medication. Except as provided in this section, a 
person who is the subject of an application for an order permitting involuntary medication 
pursuant to this section must be provided, before being medicated, a court hearing at 
which the person has the following rights. 
A. The person is entitled, at least 7 days before the hearing, to written notice of the 
hearing and a copy of the application for an order permitting involuntary medication, 
including the specific factual basis for each of the grounds set out in subsection 1. 
B. The person is entitled to be present at the hearing. 
C. The person is entitled to be represented by counsel. 
D. The person is entitled to present evidence, including by calling one or more 
witnesses. 
E. The person is entitled to cross-examine any witness who testifies at the hearing. 
F. The person is entitled to appeal to the Supreme Judicial Court any order by the 
Superior Court permitting involuntary medication. 
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3. Court hearing. Except as provided in this section, the following applies to the 
court hearing. 
A. The Superior Court may, in its discretion, grant a continuation of the hearing for 
up to 10 days for good cause shown. 
B. The Maine Rules of Evidence apply. 
C. 
The Supreme Judicial Court may adopt such rules of court procedure as it 
determines appropriate. 
D. If the person is indigent. costs of counsel and all other costs, including all costs on 
appeal, must be provided by the Maine Commission on Indigent Legal Services as in 
other civil cases. 
E. The Superior Court may, in its discretion, subpoena any witness and, if the person 
is indigent, the witness fees must be provided by the Department of Health and 
Human Services. 
F. The hearing must be electronically recorded and, if an appeal is brought and the 
person is indigent, the transcript fee must be provided by the Department of Health 
and Human Services. 
G. The order and the application for the order, the hearing, the record of the hearing 
and all notes, exhibits and other evidence are confidential. 
4. Ex parte order. When there exists an imminent likelihood of serious harm, the 
Superior Court may enter an ex parte order permitting involuntary medication. 
An 
application for the ex parte order must include all the information otherwise required 
under this section, as well as the specific factual basis for the belief that the likelihood of 
serious harm is imminent. The ex parte order and the application for the ex parte order, 
the proceeding, any record of the proceeding and all notes, exhibits and other evidence 
are confidential. If the court enters an ex parte order permitting involuntary medication, a 
hearing conforming with the requirements of subsections 2 and 3 must be held within 10 
days. 
5. Court order. If the Superior Court finds by clear and convincing evidence that 
each of the grounds set out in subsection 1 has been met, the court may grant the 
application for involuntary medication, as requested or as may be modified based upon 
the evidence, and may authorize the correctional facility's chief administrative officer to 
permit qualified health care staff to order and administer medication for treatment of the 
mental illness, as well as laboratory testing and medication for the monitoring and 
management of side effects. 
6. Periodic review. Involuntary medication of a person under this section may 
continue only with periodic reviews consisting of subsequent hearings conforming with 
the requirements of subsections 2 and 3 to take place at least once every 120 days. 
7. Medication by consent. This section does not preclude giving medication for a 
mental illness when either the person to receive the medication or the person's legal 
guardian, if any, consents to the medication. 
S. Repeal. This section is repealed August 1, 2017. 
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Sec. 5. 34-A MRSA §3069-A is enacted to read: 
§3069-A. Transfer of jail inmates for mental health services 
1. Eligible inmates. The commissioner may transfer from a jail to a correctional 
facility an adult inmate who the chief administrative officer of the Riverview Psychiatric 
Center confirms is eligible for admission to a state mental health institute under Title 
34-B, section 3863, but for whom no suitable bed is available, for the purpose of 
providing to the inmate mental health services in a mental health unit of a correctional 
facility that provides intensive mental health care and treatment. The commissioner may 
not transfer pursuant to this section a person who has been found not criminally 
responsible by reason of insanity. The commissioner may return an inmate transferred 
pursuant to this subsection back to the sending facility. 
For purposes of this subsection, "intensive mental health care and treatment" has the same 
meaning as in section 3049, subsection 1. 
2. Evaluation. The commissioner may transfer from a jail to a correctional facility 
an adult inmate whom the court orders to be examined or further evaluated by the State 
Forensic Service under Title 15, section lOl-D, subsection 1, 2, 3 or 9 if the State 
Forensic Service determines that the jail where the inmate is incarcerated cannot provide 
an appropriate setting for the examination but that a mental health unit in a correctional 
facility can provide an appropriate setting for the examination. The commissioner shall 
return an inmate transferred pursuant to this subsection back to the sending facility upon 
the completion of the examination ordered, including any further evaluation ordered, 
unless the commissioner transferred the inmate for another reason in addition to the 
examination. 
3. Disclosure of information. With respect to an adult inmate who has previously 
been hospitalized under Title 34-B, chapter 3, subchapter 4, the commissioner may make 
it a prerequisite to a transfer of the inmate under this section that necessary information 
be disclosed to the department pursuant to Title 34-B, section 1207, subsection 1, 
paragraph B. 
4. Application of other laws. All other applicable provisions of law governing 
inmates, whether detained pending a trial or other court proceeding or sentenced, apply to 
inmates transferred under this section. 
S. Discretion. Nothing in this section or in any other provision of law requires the 
commissioner to transfer an adult inmate from a jail to a correctional facility or precludes 
the commissioner from transferring an adult inmate from a jail to a correctional facility at 
any time for any other reason at the commissioner's discretion. 
6. Repeal. This section is repealed August 1, 2017. 
Sec. 6. 34-A MRSA §3069-B is enacted to read: 
§3069-B. Placement of defendants for observation 
1. Acceptance of placement. The commissioner may accept the placement of an 
adult defendant in a mental health unit of a correctional facility that provides intensive 
mental health care and treatment for observation whom a court commits to the custody of 
the Commissioner of Health and Human Services under Title 15, section 10 1-D, 
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COMMITTEE AMENDMEN~ "to H.P. 1087, L.D. 1515 
subsection 4 if, in addition to the findings required under Title 15, section 101-D, 
subsection 4, the court, after hearing, finds by clear and convincing evidence that: 
A. The defendant is a person with mental illness and, as a result of the defendant's 
mental illness, the defendant poses a likelihood of serious harm to others; 
B. There is not sufficient security at a state mental health institute to address the 
likelihood of serious harm; and 
C. There is no other less restrictive alternative to placement in a mental health unit of 
a correctional facility. 
The commissioner may not accept the placement of a person who has been found not 
criminally responsible by reason of insanity. 
For purposes of this subsection, "intensive mental health care and treatment" has the same 
meaning as in section 3049, subsection 1. 
2. Termination of placement. The commissioner may terminate the placement of a 
defendant accepted pursuant to this section if the commissioner determines that the 
likelihood of serious harm posed by the defendant has decreased or the security at a state 
mental health institute has increased or for any other reason. 
3. 
Disclosure of information. 
With respect to an adult defendant who has 
previously been hospitalized under Title 34-B, chapter 3, subchapter 4, the commissioner 
may make it a prerequisite to accepting placement of the defendant under this section that 
necessary information be disclosed to the department pursuant to Title 34-B, section 
1207, subsection 1, paragraph B. 
4. Application of other laws. All other applicable provisions of law governing 
defendants committed for observation apply to defendants accepted for placement under 
this section. 
S. Discretion. Nothing in this section or in any other provision of law requires the 
commissioner to accept the placement of a defendant who is committed for observation. 
6. Repeal. This section is repealed August 1, 2017. 
Sec. 7. 34-B MRSA §1207, sub-§l,~, as repealed and replaced by PL 2009, c. 
415, Pt. A, §20, is amended to read: 
B. Information may be disclosed if necessary to carry out the statutory functions of 
the department; the hospitalization provisions of chapter 3, subchapter 4; the 
provisions of section 1931; the purposes of sections 3607-A and 3608; the purposes 
of Title 5, section 19506; the purposes of United States Public Law 99-319, dealing 
with the investigatory function of the independent agency designated with advocacy 
and investigatory functions under United States Public Law 88-164, Title I, Part C or 
United States Public Law 99-319; ef the investigation and hearing pursuant to Title 
15, section 393, subsection 4-A; or the provision of mental health services by the 
Department of Corrections pursuant to Title 34-A, section 3031, 3069-A or 3069-B. 
This paragraph is repealed August 1, 2017; 
Sec. 8. 34-B MRSA §1207, sub-§l, ~-3 is enacted to read: 
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B-3. Information may be disclosed if necessary to carry out the statutory functions of 
the department: the hospitalization provisions of chapter 3, subchapter 4: the 
provisions of section 1931: the purposes of sections 3607 -A and 3608: the purposes 
of Title 5, section 19506: the purposes of United States Public Law 99-319, dealing 
with the investigatory function of the independent agency designated with advocacy 
and investigatory functions under United States Public Law 88-164, Title I, Part Cor 
United States Public Law 99-319: or the investigation and hearing pursuant to Title 
15, section 393, subsection 4-A. This paragraph takes effect August 1, 2017: 
Sec. 9. 
Report of Department of Health and Human Services and 
Department of Corrections. By January 15, 2015, the Department of Health and 
Human Services shall, in collaboration with the Department of Corrections, submit a 
report to the joint standing committee of the Legislature having jurisdiction over criminal 
justice matters regarding the operations of a mental health unit within a correctional 
facility. The report must include the following information regarding the mental health 
unit: the average daily population of the unit, the average daily staffing patterns, the 
average length of stay in the unit, a description of services provided and the number of 
persons placed in the unit pursuant to the Maine Revised Statutes, Title 34-A, sections 
3069-A and 3069-B. The report must also include any recommendations for reallocation 
of resources or the redesign of services of the mental health unit, the forensic services 
provided at Riverview Psychiatric Center and the transfer provisions of Title 34-A, 
sections 3069-A and 3069-B. 
Sec. 10. Report of the Department of Corrections. By January 15,2015, the 
Department of Corrections shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over criminal justice matters regarding the number of 
applications submitted and orders granted pursuant to the Maine Revised Statutes, Title 
34-A, section 3049. 
Sec. 11. Report of the Department of Health and Human Services. The 
Department of Health and Human Services shall prepare a plan regarding how to fully 
assess for brain injury or suspected brain injury persons who enter into the custody of the 
department under the Maine Revised Statutes, Title 15, section 101-D or section 103. 
The plan must include how the department will meet the needs of persons who have 
traumatic or acquired brain injuries. By January 15,2015, the department shall report on 
its plan to the joint standing committee of the Legislature having jurisdiction over 
criminal justice matters. 
Sec. 12. Forensic Mental Health Services Oversight Committee. 
1. Establishment. The Forensic Mental Health Services Oversight Committee, 
referred to in this section as "the committee," is established to oversee the provision of 
mental health services to persons receiving services as forensic patients in correctional 
facilities in the State. 
2. 
Appointment; chairs; convening; meetings. 
The committee consists of 9 
members, including 5 members from the political party holding the most seats in the 
Legislature and 4 members from the political party holding the 2nd most seats in the 
Legislature. The President of the Senate shall appoint 4 members of the Senate. The first 
named member of the Senate serves as Senate chair. The Speaker of the House of 
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COMMITTEE AMENDMENT~ "to H.P. 1087, L.D. 1515 
Representatives shall appoint 5 members of the House of Representatives. The first 
named member of the House of Representatives serves as House chair. All appointments 
must be made no later than 30 days following the effective date of this section. The 
appointing authorities shall notify the Executive Director of the Legislative Council once 
all appointments have been completed. When the appointment of all members has been 
completed, the chairs shall call the first meeting of the committee. If 30 days or more 
after the effective date of this section a majority but not all of the appointments have been 
made, the chairs may request authority for the committee to meet and conduct its business 
and the Legislative Council may grant that authority. The committee is authorized to 
meet up to 4 times. 
3. Duties. The committee shall oversee expansion of the Mental Health Unit at the 
Maine State Prison, as provided in this Act. The committee shall review and consider for 
the purpose of making recommendations the following: 
A. 
Any memorandum of understanding executed between the Department of 
Corrections and the Department of Health and Human Services for the purposes of 
implementation; 
B. The addition of new staff and training of staff at the Maine State Prison; 
C. Decision-making authority related to admissions, release and transfer to and from 
the Mental Health Unit; 
D. Eligibility standards; 
E. Due process safeguards for placement and treatment decisions; and 
F. Impact on resources and population of Riverview Psychiatric Center and county 
jails. 
4. Cooperation. The Department of Corrections, the State Board of Corrections, the 
Department of Health and Human Services, the judicial branch and the Office of the 
Attorney General shall provide to the committee all assistance and information necessary 
to its oversight duties. 
5. Compensation. Members of the committee are entitled to receive compensation 
at the legislative per diem rate and reimbursement of necessary expenses for attendance at 
authorized meetings of the committee. 
6. 
Report. 
Notwithstanding Joint Rule 353, the committee shall submit its 
recommendations, including any proposed legislation, by January 15, 2014 for 
introduction to the Second Regular Session of the 126th Legislature for legislative action. 
7. Staff assistance. The Legislative Council shall provide staffing services to the 
committee. 
Sec. 13. 
Addressing concerns of federal Department of Health and 
Human Services. The Department of Health and Human Services shall report at each 
meeting of the Joint Standing Committee on Health and Human Services held from 
September 2013 to December 2013 and any time the committee requests to the Joint 
Standing Committee on Health and Human Services regarding the issues raised in the 
report issued by the federal Department of Health and Human Services, Centers for 
Medicare and Medicaid Services in 2013, including: 
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1. Lower Saco Unit. The plan to recertify the Lower Saco Unit at the Riverview 
Psychiatric Center; and 
2. 
Model. 
The plan to implement a recovery and rehabilitation model at the 
Riverview Psychiatric Center. 
The report must address the hiring and training of staff and any other necessary 
structural changes that must be implemented in order to correct the issues raised in the 
2013 report. 
The Department of Health and Human Services shall provide a report on the issues 
outlined in this section to the Joint Standing Committee on Appropriations and Financial 
Affairs prior to December 1,2013. 
Sec. 14. Appropriations and allocations. The following appropriations and 
allocations are made. 
CORRECTIONS, DEPARTMENT OF 
Correctional Medical Services Fund 0286 
Initiative: Provides funds for contracted clinical staff to staff a mental health unit at the 
Maine State Prison effective February 15, 2014. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2013-14 
$1,381,771 
$1,381,771 
2013-14 
$1,381,771 
$1,381,771 
2014-15 
$0 
$0 
2014-15 
$0 
$0 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Departmentwide 0640 
Initiative: Reduces funding from salary savings. Notwithstanding any other provision of 
law, the State Budget Officer shall calculate the amount of savings in this Act that applies 
to each General Fund account in the Department of Health and Human Services and shall 
transfer the amounts by financial order upon approval of the Governor. These transfers 
are considered adjustments to appropriations in fiscal year 2013-14. 
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GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLYDHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
2013-14 
($1,382,521) 
($1,382,521) 
2013-14 
($1,382,521) 
($1,382,521) 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
Initiative: Provides funds for indigent legal services. 
GENERAL FUND 
2013-14 
All Other 
$750 
GENERAL FUND TOTAL 
$750 
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON 
DEPARTMENT TOTALS 
2013-14 
GENERAL FUND 
$750 
DEPARTMENT TOTAL - ALL FUNDS 
$750 
SECTION TOTALS 
2013-14 
GENERAL FUND 
$0 
SECTION TOTAL - ALL FUNDS 
$0 
2014-15 
$0 
$0 
2014-15 
$0 
$0 
2014-15 
$0 
$0 
2014-15 
$0 
$0 
2014-15 
$0 
$0 
Sec. 15. Effective date. That section of this Act that amends the Maine Revised 
Statutes, Title 15, section 101-D, subsection 5 takes effect October 9,2013. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved, except as otherwise indicated. I 
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COMMITTEE AMENDMENT~" to H.P. 1087, L.D. 1515 
SUMMARY 
This amendment incorporates the substance of Committee Amendment "A" and 
House Amendment "A", except that this amendment: 
1. Establishes the Forensic Mental Health Services Oversight Committee to oversee 
the expansion of the Mental Health Unit at the Maine State Prison; 
2. Changes certain reporting deadlines from January 15,2017 to January 15, 2015; 
3. Requires the Department of Health and Human Services to submit periodic reports 
to the Joint Standing Committee on Health and Human Services regarding the issues 
outlined in the 2013 report on Riverview Psychiatric Center by the federal Department of 
Health and Human Services, Centers for Medicare and Medicaid Services and the 
department's plans to remedy the issues identified; 
4. Prohibits the transfer under this Act of persons found not criminally responsible 
by reason of insanity; 
5. 
Replaces the term "hospital-level care and treatment" with "intensive mental 
health care and treatment" and defines the term; 
6. Removes the authority for the Department of Corrections to accept for mental 
health services defendants found incompetent to stand trial; 
7. Amends language that was enacted in Public Law 2013, chapter 265 to clarify and 
correct language and to ensure consistency with this Act; and 
8. Provides an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
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Net Cost (Savings) 
General Fund 
Approved: 08/29/13 ;tvac 
LD 1515 
LR 2091(06) 
An Act To Increase the Availability of Mental Health Services 
Fiscal Note for Bill as Amended by Committee Amendment ,6 (H -585) 
Committee: Appropriations and Financial Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
Projections 
FY 2015-16 
Projections 
FY 2016-17 
$0 
$0 
$0 
$0 
Appropriations/Allocations 
General Fund 
$0 
$0 
$0 
$0 
Legislative Cost/Study 
The general operating expenses of the Forensic Mental Health Services Oversight Committee are projected to be 
$5,000 in fiscal year 2013-14. The Legislature's proposed budget includes $10,000 in fiscal year 2013-14, which is 
fully committed based on studies, commissions and task forces approved by the Legislative Council. The estimated 
cost of this oversight committee will be paid from exisitng appropriations to the Legislature. The additional costs 
associated with providing staffmg assistance to the committee can be absorbed by the Legislature utilizing existing 
staff resources. 
Fiscal Detail and Notes 
This bill includes a General Fund appropriation of $1,381,771 for the Department of Corrections to contract for 
clinical services to be provided in a mental health unit located within the Maine State Prison. The Department of 
Corrections has indicated no additional security staff will be required as a result of this bill. It provides a General 
Fund appropriation of $750 in fiscal year 2013-14 for the Maine Commission on Indigent Legal Services based on an 
anticipated increase in court hearings. It also contains a General Fund deappropriation of $1,382,521 in fiscal year 
2013-14 from salary savings within the Department of Health and Human Services. 
LR2091(06) - Fiscal Note - Page 1 of 1