An Act To Permit Disclosure of Certain Intelligence and Investigative Record Information by a Criminal Justice Agency to a Nongovernmental Advocacy Program for Persons with Mental Illness
Maine Legislature, Session 127, LD 1526
Committee: Criminal Justice and Public Safety
Sponsors: BURNS, HOBBINS, ALFOND, DAVIS, GRATWICK, WHITTEMORE, GATTINE, TIMBERLAKE
Amends: 16 MRSA §806

Legislative Document 
No. 1526 
S.P. 588 
In Senate, January 6, 2016 
An Act To Permit Disclosure of Certain Intelligence and 
Investigative Record Information by a Criminal Justice Agency to a 
Nongovernmental Advocacy Program for Persons with Mental 
Illness 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BURNS of Washington. 
Cosponsored by Representative HOBBINS of Saco and 
Senators: ALFOND of Cumberland, DAVIS of Piscataquis, GRATWICK of Penobscot, 
WHITTEMORE of Somerset, Representatives: GATTINE of Westbrook, TIMBERLAKE of 
Turner. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  16 MRSA §806, sub-§3, as enacted by PL 2013, c. 267, Pt. A, §3, is 
amended to read: 
3.  A counselor or advocate.  A sexual assault counselor, as defined in section 53-A, 
subsection 1, paragraph B, or an advocate, as defined in section 53-B, subsection 1, 
paragraph A, or an employee of or volunteer for a nongovernmental advocacy program 
for persons with mental illness, referred to in this subsection as "a mental health 
advocate," with a specific agreement with a criminal justice agency.  An agreement 
between a criminal justice agency and a sexual assault counselor or, an advocate or a 
mental health advocate must, at a minimum, include provisions that: 
A.  Permit the sexual assault counselor or, advocate or mental health advocate to use 
a report or record that contains intelligence and investigative record information if the 
intelligence and investigative record information is used in planning for the safety of 
a victim named in the report or record; 
B.  Prohibit the sexual assault counselor or, advocate or mental health advocate from 
further disseminating a report or record that contains intelligence and investigative 
record information; 
C.  Require the sexual assault counselor or, advocate or mental health advocate to 
ensure that a report or record that contains intelligence and investigative record 
information remain remains secure and confidential; 
D.  Require the sexual assault counselor or, advocate or mental health advocate to 
destroy a report or record that contains intelligence and investigative record 
information within 30 days after the sexual assault counselor's or, advocate's or 
mental health advocate's receiving the report or record; 
E.  Permit the criminal justice agency to perform reasonable and appropriate audits in 
order to ensure that a report or record containing intelligence and investigative record 
information that are is obtained by and that are is in the custody of the sexual assault 
counselor or, advocate are or mental health advocate is maintained in accordance 
with the requirements of this subsection; 
F.  Require the sexual assault counselor or, advocate or mental health advocate to 
indemnify and hold harmless the criminal justice agency with respect to any litigation 
that may result from the provision of reports or records that contain intelligence and 
investigative record information; 
G.  Permit a criminal justice agency to immediately and unilaterally revoke an 
agreement made under this subsection; and 
H.  Provide sanctions for any violations of this subsection. 
The Commissioner of Public Safety may adopt a model agreement pursuant to this 
subsection for use by criminal justice agencies, sexual assault counselors and, advocates 
and mental health advocates. 
SUMMARY 
This bill allows a state criminal justice agency, subject to reasonable limitations, to 
disclose intelligence and investigative record information to an employee or volunteer of 
a nongovernmental advocacy program for persons with mental illness as long as the 
employee or volunteer has a specific agreement with the agency that complies with the 
Maine Revised Statutes, Title 16, section 806, subsection 3.