An Act To Improve Care Provided to Forensic Patients
Maine Legislature, Session 128, LD 0162
Committee Amendment CA_A_H482 (House)
Amends: 22 MRSA §1813-A, 22-A MRSA §208-A, 34-B MRSA §1001, 34-B MRSA §1207

COMMITTEE AMENDMENT ,.ff,, to H.P. 120, L.D. 162, Bill, "An Act To 
Improve Care Provided to Forensic Patients" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
1Sec. 1. 22 MRSA §1813-A is enacted to read: 
§1813-A. License for forensic step-down facility 
The state-operated residential forensic step-down facility established in Title 22-A, 
section 208-A is subject to licensure by the department under this chapter. 
The 
department shall adopt rules that apply specifically to the licensure of a residential 
forensic step-down facility. 
The rules must include, at a minimum, admission and 
discharge standards of the facility; the staffing model for the facility, with specific 
descriptions of staffing levels, roles and responsibilities; facility security; availability of 
and patients' access to treatment; and patient rights protections. Rules adopted pursuant 
to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Transfer of any forensic patient into the forensic step-down facility established in 
Title 22-A, section 208-A must be approved by a court of appropriate jurisdiction. 
By Janua1y 1, 2019 and on or before January 1st of each year thereafter, the 
department shall submit to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters a detailed report about the forensic 
step-down facility established in Title 22-A, section 208-A that includes information 
about construction of the facility, capacity of the facility and staffing levels of the facility. 
Sec. 2. 22-A MRSA §208-A is enacted to read: 
§208-A. Maintenance of forensic step-down facility 
The commissioner shall operate and maintain a 21-bed residential forensic step-down 
facility in Augusta in the Capitol Area called the Riverview Forensic Treatment and 
COMMITTEE AMENDMENT 
~·" 
COMMITTEE AMENDMENT ~to H.P. 120, L.D. 162 
Rehabilitation Center to provide treatment and rehabilitation that continues the treatment 
of patients from a state mental health institute who no longer require hospital-level 
service as provided under Title 34-B, chapter 3, subchapter 4, but who are unable to be 
safely treated and cared for in a community setting under Title 34-B, chapter 3, 
subchapter 3. For purposes of this section, 
11Capitol Area" has the same meaning as in 
Title 1, section 814, subsection 2. 
As used in this section and Title 22, "forensic 
step-down facility" means the Riverview Forensic Treatment and Rehabilitation Center. 
Sec. 3. 34-B MRSA §1001, sub-§8, ~JA-1 is enacted to read: 
A-1. The Riverview Forensic Treatment and Rehabilitation Center; 
Sec. 4. 34-B MRSA §1207, sub-§1, ~, as amended by PL 2015, c. 189, §1, is 
further amended to read: 
H. The names and dates of death of individuals who died while patients at the 
Augusta Mental Health Institute, the Bangor Mental Health Institute, the Dorothea 
Dix Psychiatric Center, the Riverview Psychiatric Center, the Riverview Forensic 
Treatment and Rehabilitation Center or the Pineland Hospital and Training Center 
may be made available to the public in accordance with rules adopted by the 
department. The rules must require the department to notify the public regarding the 
release of the infonnation and to maintain the confidentiality of information 
concerning any deceased individual whose surviving relatives notify the department 
that they object to public disclosure. Rules adopted pursuant to this paragraph are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; and 
Sec. 5. 
Rulemaking. 
The Department of Health and Human Services shall 
provisionally adopt rules to implement the Maine Revised Statutes, Title 22, section 
1813-Ano laterthanJanuary 12, 2018. 
Sec. 6. Report. The Department of Health and Human Services shall report in 
writing to the Joint Standing Committee on Health and Human Services by October 15, 
2017, December 15, 2017 and March 1, 2018 on the progress of the department in 
developing rules and creating the forensic step-down facility as required by the Maine 
Revised Statutes, Title 22, section 1813-A. 
Sec. 7. Advisory committee. The Commissioner of Health and Human Services 
shall convene an advisory committee on the forensic step-down facility established in the 
Maine Revised Statutes, Title 22-A, section 208-A. The advisory committee shall meet 
as necessary to guide the design of the forensic step-down facility and the implementation 
of the rules related to the facility; educate and inform the planning process to create a 
facility that best supports the treatment and safety needs of the patients and staff of the 
facility; make recommendations to the department; and report to the Joint Standing 
Committee on Health and Human Services any recommended legislation relating to the 
facility no later than January 15, 2018. The joint standing committee may report out a 
bill to the Second Regular Session of the 128th Legislature based on the repo1t. The 
advisory committee consists of the Commissioner of Health and Human Services, or the 
commissioner's designee, and 9 other members as follows: 
A. Two patients of a state mental health institute as defined in Title 34-B, section 
3801, subsection 9, appointed by the commissioner; 
COMMITTEE AMENDMENT 
.,. 
COMMITTEE AMENDMENT ,f 
to H.P. 120, L.D. 162 
B. A representative from the Consumer Council System of Maine under Title 34-B, 
section 3611, appointed by the commissioner; 
C. Two staff members of a state mental health institute as defined in Title 34-B, 
section 3801, subsection 9, appointed by the commissioner; 
D. The Court Master appointed in Bates v. Commissioner, Department of Health and 
Human Services, No. CV 89-088; 
E. Class counsel appointed in Bates v. Commissioner, Department of Health and 
Human Services, No. CV 89-088; and 
F. Two representatives from separate community behavioral health organizations in 
Maine, appointed by the commissioner.' 
SUMMARY 
This amendment is the majority report of the committee and replaces the bill, which 
is a concept draft. The amendment establishes a residential forensic step-down facility in 
Augusta in the Capitol Area. It defines "forensic step-down facility." It authorizes the 
Commissioner of Health and Human Services to maintain and operate the 21-bed forensic 
step-down facility. It provides that the facility must be licensed and that the Department 
of Health and Human Services must adopt rules that apply specifically to the licensure of 
a forensic step-down facility and that include the admission and discharge standards of 
the facility, the staffing model, security, patients' access to treatment and patient rights 
protections. It requires that the department provisionally adopt rules to implement the 
Ii censure of the forensic step-down facility no later than January 12, 2018. It creates an 
advisory committee to participate in and guide the planning process for the facility and to 
report to the Joint Standing Committee on Health and Human Services. It authorizes the 
committee to report out a bill based on the advisory committee's report. It requires the 
department to report to the committee on the progress of creating the facility and 
developing rules. It provides that the transfer of any forensic patients into the forensic 
step-down facility must be approved by a court of appropriate jurisdiction. It includes the 
forensic step-down facility in Title 34-B, chapter 1 as a "state institution." 
This 
amendment incorporates a fiscal note. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/06/17 :t:Pae 
LD162 
LR 1311(02) 
An Act To Improve Care Provided to Forensic Patients 
Fiscal Note for Bill as Amended by Committee Amendment '/1,{f/.-Cj &J.) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
The bill requires the Depa1tment of Health and Human Services (DHHS) to build a forensic stepdown facility in 
Augusta called the Riverview Forensic Treatment and Rehabilitation Center. DHHS has presented information to the 
legislature that the cost for a forensic stepdown facility is estimated at between 2 to 3 million dollars and that it 
already has sufficient resources to build the facility. DHHS is in the planning process to build such a facility in 
Bangor. This fiscal note assumes that the resources assigned to the Bangor facility would be used for the Riverview 
Forensic Treatment and Rehabilitation Center and that no additional appropriations are required. 
LR13 l 1(02) - Fiscal Note - Page 1 of 1