An Act To Improve Maine's Involuntary Commitment Processes
Maine Legislature, Session 126, LD 1738
Committee Amendment CA_A_H764 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 1244, L.D. 1738, Bill, "An Act To 
Improve Maine's Involuntary Commitment Processes" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Concerning Maine's Involuntary Treatment and Involuntary Commitment 
Processes' 
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, resources to respond to an individual who presents an emergency 
psychiatric situation at a hospital are currently inadequate; and 
Whereas, hospitals currently face both practical and legal challenges in responding 
to individuals who arrive in emergency departments in need of psychiatric treatment 
when insufficient psychiatric beds are available; and 
Whereas, the Legislature recognizes the necessity for remedies while protecting the 
rights of individuals and attempting to address their medical and psychiatric needs; and 
Whereas, the best solution involves the participation of all those interested in the 
judicial process concerning detention for emergency responses, involuntary treatment and 
involuntary commitment; and 
Whereas, the Chief Justice of the Supreme Judicial Court has offered to convene a 
working group to examine the immediate and long-term needs and develop short-term 
and long-term solutions to improve the judicial involuntary commitment and treatment 
process; and 
Whereas, it is imperative that this resolve take effect immediately so that the 
working group can complete its work in time for the committee of jurisdiction to submit 
legislation to the First Regular Session of the 127th Legislature; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1244, L.D. 1738 
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 nccessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Working group convened. Resolved: That, in accordance with the 
offer extended by the Chief Justice ofthe Supreme Judicial Court in her letter to the Joint 
Standing Committee on Judiciary datcd March 3, 2014, the Chief Justice or the Chief 
Justice's designee shall convene a working group to review the current situation for both 
individuals and hospitals when individuals present emergency psychiatric needs in 
hospital emergency departments and to develop recommendations for addressing 
immediate and long-term needs of individuals, hospitals, psychiatric hospitals and health 
care providers. Specifically, the working group shall address the following issues: 
1. The timing and length of preliminary and follow-up holding and commitment 
periods and requirements for involuntary treatment during such periods; 
2. Process improvements for holding and commitment period determinations; 
3. The current lack of health care providers available to address compliance with due 
process requirements and any procedural changes recommended by the working group; 
and 
4. Any additional recommendations for improvement in the judicial commitment and 
involuntary treatment process; and be it further 
Sec. 2. Participants. Resolved: That the Chief Justice of the Supreme Judicial 
Court or the Chief Justice's designee may invite the participation of the following in the 
working group convened under section 1: 
A. 
A representative of an organization representing hospitals with emergency 
departments and hospitals with psychiatric units; 
B. A representative of the Department of Health and Human Services; 
C. Attorneys who represent patients in the judicial commitment process; 
D. Disability rights advocates; 
E. Medical and mental health professionals; 
F. Mental health advocates; 
G. Family advocates; 
H. The Attorney General; and 
I. Other interested parties; and be it further 
Sec. 3. Report. Resolved: That the working group convened under section 1 
shall submit a report of its findings and recommendations, including any legislative 
recommendations, by December 15, 2014 to the joint standing committee of the 
Legislature having jurisdiction over jUdiciary matters. The joint standing committee of 
the Legislature having jurisdiction over judiciary matters may report out legislation to the 
First Rcgular Session of the 127th Legislature to implement matters relating to the report. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to H.P. 1244, L.D. 1738 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. It creates a resolve to respond to the offer of the 
Chief Justice of the Supreme Judicial Court to convene a working group to review 
involuntary commitment and involuntary treatment processes, including holding and 
commitment periods, involuntary treatment during those periods, the lack of medical 
professionals for evaluations and any other ways to improve involuntary commitment and 
involuntary treatment processes. 
The Chief Justice or the Chief Justice's designee may invite representatives from 
interested parties to participate. 
The working group is required to submit its report by December 15,2014 to the joint 
standing committee of the Legislature having jurisdiction over judiciary matters, and that 
legislative committee may report out legislation to the First Regular Session of the 127th 
Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/19/14 Mac: 
LD 1738 
LR 2581(02) 
An Act To Improve Maine's Involuntary Commitment Processes 
UI-7&0 
Fiscal Note for Bill as Amended by Committee Amendment '~ 
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Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs to the Judicial Department are expected to be minor. If the Department of the Attorney General 
and the Department of Health and Human Services elect to participate, the additional costs are also minor and can be 
absorbed utilizing existing budgeted resources. 
LR2581 (02) - Fiscal Note - Page 1 of 1 
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