An Act To Increase the Availability of Mental Health Services
Maine Legislature, Session 127, LD 1577
Committee Amendment CA_B_H637 (House)
Amends: 15 MRSA §101-D, 15 MRSA §103

COMMITTEE AMENDMENT ,J3" to H.P. 1070, L.D. 1577, Bill, "An Act To 
Increase the Availability of Mental Health Services" 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 15 MRSA §101-D, sub-§5, -,rA, as amended by PL 2013, c. 434, §1 and 
affected by § 15, is repealed. 
Sec. 2. 15 MRSA §101-D, sub-§5, -,r-,rA-1 and A-2 are enacted to read: 
A-1. 
Commit the defendant to the custody of the Commissioner of Health and 
Human Services for 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, 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 program specifically approved by the court. An 
appropriate program may be in a mental health unit of a correctional facility if, based 
upon a consensus recommendation of a panel, the Commissioner of Health and 
Human Services or the commissioner's designee determines that there is a therapeutic 
treatment advantage to placing the person in a mental health unit of a correctional 
facility. Placement of a person in a mental health unit of a correctional facility must 
be reviewed by the Commissioner of Health and Human Services or the 
commissioner's designee at least every 6 months and may not continue beyond 6 
months unless, based upon a subsequent review and consensus recommendation of a 
panel, the Commissioner of Health and Human Services or the commissioner's 
designee determines that there is a therapeutic treatment advantage to the continued 
placement of the person in a mental health unit of a correctional facility. At the end of 
days or sooner and again, in the event of recommitment, at the end of 60 days and 
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. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT B" to H.P. 1070, L.D. 1577 
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 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, 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 program specifically approved by the court. An appropriate 
program may be in a mental health unit of a correctional facility if, based upon a 
consensus recommendation of a panel, the Commissioner of Health and Human 
Services or the commissioner's designee determines that there is a therapeutic 
treatment advantage to placing the person in a mental health unit of a correctional 
facility. Placement of a person in a mental health unit of a correctional facility must 
be reviewed by the Commissioner of Health and Human Services or the 
commissioner's designee at least every 6 months and may not continue beyond 6 
months unless, based upon a subsequent review and consensus recommendation of a 
panel, the Commissioner of Health and Human Services or the commissioner's 
designee determines that there is a therapeutic treatment advantage to the continued 
placement of the person in a mental health unit of a correctional facility. 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 defendant is subject to an undischarged 
term of imprisonment, notify the appropriate authorities, who may institute civil 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ::B,, to H.P. 1070, L.D. 1577 
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. As used in this paragraph, "panel" 
means a panel consisting of at least 3 psychiatrists or psychologists, in any 
combination, each of whom is not currently involved in the person's diagnosis and 
treatment. 
This paragraph is repealed August 1. 2017; 
A-2. 
Commit the defendant to the custody of the Commissioner of Health and 
Human Services for 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, 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 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 
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 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, 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 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT] .. to H.P. 1070, L.D. 1577 
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 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. 
This paragraph is effective August 1, 2017: or 
Sec. 3. 15 MRSA §101-D, sub-§5, ,rB, as amended by PL 2013, c. 434, §1 and 
affected by § 15, is further amended to read: 
B. Issue a bail order in accordance with chapter 105-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 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 orderedi an 
examination must take place within 45 days of the court's orderi 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 A-1 until August 1, 2017 or 
A-2 beginning August 1, 2017, as applicable. 
Sec. 4. 15 MRSA §103, as amended by PL 2013, c. 424, Pt. B, §3, is further 
amended to read: 
§103. Commitment following acceptance of negotiated insanity plea or following 
verdict or finding of insanity 
When a court accepts a negotiated plea of not criminally responsible by reason of 
insanity or when a defendant is found not criminally responsible by reason of insanity by 
jury verdict or court finding, the judgment must so state. In those cases the court shall 
order the person committed to the custody of the Commissioner of Health and Human 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT~" to H.P. 1070, L.D. 1577 
Services to be placed in an appropriate institution for the care and treatment of persons 
with mental illness or in an appropriate residential program that provides care and 
treatment for persons who have intellectual disabilities or autism for care and treatment. 
Upon placement in the appropriate institution or residential program and in the event of 
transfer from one institution or residential program to another of persons committed 
under this section, notice of the placement or transfer must be given by the commissioner 
to the committing court. 
When a person who has been evaluated on behalf of a court by the State Forensic 
Service is committed into the custody of the Commissioner of Health and Human 
Services pursuant to this section, the court shall order that the State Forensic Service 
share any information it has collected or generated with respect to the person with the 
institution or residential program in which the person is placed. 
As used in this section, "not criminally responsible by reason of insanity" has the 
same meaning as in Title 17-A, section 39 and includes any comparable plea, finding or 
verdict in this State under former section 102; under a former version of Title 17-A, 
section 39; under former Title 17-A, section 58; or under former seetion 17 B, chapter 
149, section 17-B of the Revised Statutes of 1954. 
1. Additional placement option. An appropriate institution under this section may 
be a mental health unit of a correctional facility if, based upon a consensus 
recommendation of a panel, the Commissioner of Health and Human Services or the 
commissioner's designee determines that there is a therapeutic treatment advantage to 
placing the person in a mental health unit of a correctional facility. Placement of a person 
in a mental health unit of a correctional facility must be reviewed by the Commissioner of 
Health and Human Services or the commissioner's designee at least every 6 months and 
may not continue beyond 6 months unless, based upon a subsequent review and 
consensus recommendation of a panel, the Commissioner of Health and Human Services 
or the commissioner's designee determines that there is a therapeutic treatment advantage 
to the continued placement of the person in a mental health unit of a correctional facility. 
As used in this subsection, "panel" means a panel consisting of at least 3 psychiatrists or 
psychologists, in any combination, each of whom is not currently involved in the person's 
diagnosis and treatment. 
This subsection is repealed August 1, 2017.' 
Amend the bill in section 4 in subsection 1 in the first paragraph in the 2nd line (page 
4, line 2 in L.D.) by inserting after the following: "defendant" the following: 'or person 
who has been found not criminally responsible by reason of insanity' 
Amend the bill in section 4 in subsection 1 by striking out all of paragraph A (page 4, 
lines 8 and 9 in L.D.) and inserting the following: 
'A. 
The defendant or person who has been found not criminally responsible by 
reason of insanity is a person with mental illness and, as a result of the defendant's or 
person's mental illness, the defendant or person poses a likelihood of serious harm to 
others;' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT :B" to H.P. 1070, L.D. 1577 
SUMMARY 
The bill provides that, under certain circumstances, the Commissioner of Health and 
Human Services or the commissioner's designee may determine that a mental health unit 
at a correctional facility is an appropriate institution or program for the placement of 
persons who have been determined to be not competent to stand trial or not criminally 
responsible by reason of insanity. This amendment, which is the minority report of the 
committee, establishes a repeal date of August 1, 2017 for the 2 provisions that provide 
this placement option to the Commissioner of Health and Human Services, at which time 
the law will revert to the previous version of statute, which does not offer such an option. 
NCALNOTE UQUIUD 
(See....w} 
COMMITTEE AMENDMENT 
'•'---Jo,·: 
Approved: 04/01/16 feac. 
LD 1577 
LR 2589(03) 
An Act To Increase the Availability of Mental Health Services 
Fiscal Note for Bill as Amended by Committee Amendment •E ( ff -&J31) 
Committee: Health and Human Services 
J 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services to implement the provisions of this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR2589(03) - Fiscal Note - Page I of 1