An Act To Repeal Provisions of the Law That Apply or Refer to State Facilities for Persons with Intellectual Disabilities
Maine Legislature, Session 126, LD 0325
Committee: Judiciary
Sponsors: FARNSWORTH, HAMPER, MALABY, SANDERSON, SIROCKI
Amends: 4 MRSA §152, 15 MRSA §101-D, 34-B MRSA §5461, 34-B MRSA §5462, 34-B MRSA §5465, 34-B MRSA §5466, 34-B MRSA §5467, 34-B MRSA §5471, 34-B MRSA §5472, 34-B MRSA §5473, 34-B MRSA §5474, 34-B MRSA §5475, 34-B MRSA §5476, 34-B MRSA §5477, 34-B MRSA §5478, 34-B MRSA §5479, 34-B MRSA §5480

Legislative Document 
No. 325 
H.P. 235 
House of Representatives, February 7, 2013 
An Act To Repeal Provisions of the Law That Apply or Refer to 
State Facilities for Persons with Intellectual Disabilities 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FARNSWORTH of Portland. 
Cosponsored by Senator HAMPER of Oxford and 
Representatives: MALABY of Hancock, SANDERSON of Chelsea, SIROCKI of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §152, sub-§4, as amended by PL 2011, c. 542, Pt. A, §1 and c. 
614, §1, is repealed and the following enacted in its place: 
4.  Exclusive jurisdiction.  Original jurisdiction, not concurrent with that of the 
Superior Court, of mental health commitment hearings under Title 34-B, chapter 3, 
subchapter 4, habitual truancy actions under Title 20-A, chapters 119 and 211 under 
which equitable relief may be granted and small claims actions under Title 14, chapter 
738; 
Sec. 2.  15 MRSA §101-D, sub-§5, ¶A, as amended by PL 2011, c. 542, Pt. A, 
§9, is further amended to read: 
A.  Commit the defendant to the custody of the Commissioner of Health and Human 
Services to be placed in an appropriate institution for the care and treatment of people 
with mental illness or in an appropriate residential program that provides care and 
treatment for persons who have intellectual disabilities or autism for observation, care 
and treatment.  At the end of 30 days or sooner, and again in the event of 
recommitment, at the end of 60 days and one year, 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 without delay set a date for and 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 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 to be 
placed in an appropriate institution for the care and treatment of people with mental 
illness or in an appropriate residential program that provides care and treatment for 
persons who have intellectual disabilities or autism for observation, care and 
treatment.  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 
involuntary commitment proceedings pursuant to Title 34-B, chapter 3, subchapter 4 
or chapter 5, subchapter 3.  If the defendant is charged with offenses not listed in the 
previous sentence an offense other than an offense under Title 17-A, chapter 9, 11 or 
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, 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 
Sec. 3.  34-B MRSA §5461, sub-§5, as amended by PL 2011, c. 542, Pt. A, §104, 
is repealed. 
Sec. 4.  34-B MRSA §5461, sub-§7-A, as amended by PL 2011, c. 542, Pt. A, 
§105, is repealed. 
Sec. 5.  34-B MRSA §5461, sub-§8, as amended by PL 2011, c. 542, Pt. A, §106, 
is repealed. 
Sec. 6.  34-B MRSA §5462, sub-§1, ¶B, as amended by PL 2011, c. 542, Pt. A, 
§108, is further amended to read: 
B.  The development of a personal plan or service plan for the delivery and 
coordination of services to the person through a personal planning process; and 
Sec. 7.  34-B MRSA §5462, sub-§1, ¶C, as amended by PL 2011, c. 542, Pt. A, 
§108, is repealed. 
Sec. 8.  34-B MRSA §5465, sub-§2, ¶¶C and D, as enacted by PL 1983, c. 459, 
§7, are amended to read: 
C.  The rights of clients while at a facility or while in departmental programs; and 
D.  The rights and procedures for administrative review if there is dissatisfaction with 
any step of the process of receiving services specified in this Article or if there is any 
grievance arising during the course of voluntary admission to or treatment in any 
facility, including provisions for the development of regional committees to review 
any grievance or dissatisfaction. 
Sec. 9.  34-B MRSA §5466, sub-§1, as amended by PL 1983, c. 580, §16, is 
further amended to read: 
1.  Entitlement.  Each client who receives services under sections 5467 to 5474 5471 
is entitled to have access to an advocate. 
Sec. 10.  34-B MRSA §5467, sub-§2, ¶D, as amended by PL 2011, c. 542, Pt. A, 
§110, is further amended to read: 
D.    Ensure the client's access to an advocate throughout the process of adult 
developmental services under sections 5467 to 5474 5471; 
Sec. 11.  34-B MRSA §5471, sub-§2, ¶D, as amended by PL 2003, c. 389, §15, 
is further amended to read: 
D.  The individual support coordinator of the planning team that developed the 
personal plan or service plan for the client; and 
Sec. 12.  34-B MRSA §5471, sub-§2, ¶E, as amended by PL 1995, c. 560, Pt. K, 
§58, is repealed. 
Sec. 13.  34-B MRSA §5471, sub-§2, ¶F, as amended by PL 2003, c. 389, §15, is 
repealed. 
Sec. 14.  34-B MRSA §5471, sub-§3, ¶A, as amended by PL 2003, c. 389, §15, 
is further amended to read: 
A.  It must specify the respective responsibilities, where applicable, of the client, the 
family or guardian of the client, the regional office, the facility and each public and 
private agency that intends to provide services to the client. 
Sec. 15.  34-B MRSA §5471, sub-§4, ¶A, as amended by PL 2003, c. 389, §15, 
is further amended to read: 
A.  No part of a service plan or personal plan may be implemented until each person 
required to sign the service agreement under subsection 2 has signed it, except that if 
a client is to be admitted to a facility, the service agreement need not be completed 
until 5 days after the date of admission. 
Sec. 16.  34-B MRSA §5472, as enacted by PL 1983, c. 459, §7, is repealed. 
Sec. 17.  34-B MRSA §5473, as amended by PL 2003, c. 389, §§16 and 17, is 
repealed. 
Sec. 18.  34-B MRSA §5474, amended by PL 2011, c. 542, Pt. A, §115, is 
repealed. 
Sec. 19.  34-B MRSA §5475, as amended by PL 2011, c. 542, Pt. A, §116, is 
repealed. 
Sec. 20.  34-B MRSA §5476, as amended by PL 2011, c. 542, Pt. A, §117, is 
repealed. 
Sec. 21.  34-B MRSA §5477, as amended by PL 2011, c. 542, Pt. A, §§118 and 
119, is repealed. 
Sec. 22.  34-B MRSA §5478, as amended by PL 2011, c. 542, Pt. A, §120, is 
repealed. 
Sec. 23.  34-B MRSA §5479, as amended by PL 2003, c. 389, §21, is repealed. 
Sec. 24.  34-B MRSA §5480, as amended by PL 2003, c. 389, §22, is repealed. 
SUMMARY 
This bill repeals the provisions of law that apply or refer to state-run facilities for 
persons with intellectual disabilities, including laws that allow for voluntary admission, 
involuntary admission and judicial commitment of persons with intellectual disabilities to 
state-run facilities.  The State closed the last of its facilities for persons with intellectual 
disabilities in response to the 1994 community consent decree, Consumer Advisory 
Board et al. v. Glover, 989 F.2d 65, 68 (1st Cir. 1993).