An Act To Increase Safety for Maine Citizens by Amending the Definition of "Likelihood of Serious Harm" in the Laws Governing Mental Health and Hospitalization To Include Consideration of a Person's Potential for Future Serious Harm
Maine Legislature, Session 128, LD 1889
Committee Amendment CA_A_H776 (House)

COMMITTEE AMENDMENT "/)" to H.P. 1321, L.D. 1889, Bill, "An Act To 
Increase Safety for Maine Citizens by Amending the Definition of "Likelihood of Serious 
Harm" in the Laws Governing Mental Health and Hospitalization To Include 
Consideration of a Person's Potential for Future Serious Harm" 
Amend the bill by strildng out the title and substituting the following: 
'Resolve, To Establish the Blue Ribbon Commission on Community Safety' 
Amend the bill by striking out eve1ything 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, the purpose of the Blue Ribbon Commission on Community Safety is to 
explore appropriate methods to identify individuals who pose a significant risk of serious 
bodily injury or death to themselves or to other persons and to intervene to diminish the 
risk without unnecessarily infringing on the civil liberties of those identified individuals; 
and 
Whereas, the study must be initiated before the 90-day period expires to allow the 
study to be completed and a report submitted in time for submission to the next 
legislative session; and 
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 necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Commission established. Resolved: That the Blue Ribbon Commission 
on Community Safety, referred to in this resolve as "the commission,'1 is established; and 
be it further 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT,#,, to H.P. 1321, L.D. 1889 
Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule 
353, the commission consists of 10 members as follows: 
1. Two members of the Senate appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the Legislature; 
2. Two members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature; 
3. The Attorney General or the Attorney General1s designee; 
4. The Commissioner of Public Safety or the commissioner1s designee; 
5. A representative of law enforcement, appointed by the President of the Senate; 
6. A forensic psychiatrist or a psychiatrist with experience treating patients who have 
been involved in the criminal justice system, appointed by the President of the Senate; 
7. 
An attorney with expertise in constitutional law and the rights of patients 
voluntarily and involuntarily committed to psychiatric hospitals or residential care 
facilities, appointed by the Speaker of the House; and 
8. A representative of Disability Rights Maine to represent mental health consumers, 
appointed by the Spealcer of the House; and be it further 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate 
chah' and the first-named House of Representatives member is the House chair of the 
commission; and be it further 
Sec. 4. 
Appointments; convening of commission. Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The President of the Senate and the Speaker of the House shall notify the 
Executive Director of the Legislative Council once all appointments have been 
completed. When the appointment of all members has been completed, the chairs shall 
call and convene the first meeting of the commission. If 30 days or more after the 
effective date of this resolve a majority of but not all appointments have been made, the 
chairs may request authority and the Legislative Council may grant authority for the 
commission to meet and conduct its business; and be it further 
Sec. 5. Duties. Resolved: That the commission shall malce recommendations to 
help identify individuals who pose a significant risk of serious bodily injmy or death to 
themselves or other persons, refen·ed to in this resolve as 
11individuals who pose a risk to 
public safety,11 and to intervene to diminish the risk without unnecessarily infringing upon 
the civil liberties of those individuals. 
In making those recommendations, the 
commission shall: 
6 
1. Gather information concerning existing policies and procedures in the State for the 
identification and treatment of individuals who pose a risk to public safety and existing 
8 
legal procedures for government intervention to diminish the risk, including information 
regarding whether existing policies and procedures can be used more effectively; and 
2. Identify and evaluate the merits of alternative approaches for the identification and 
treatment of individuals who pose a risk to public safety as well as alternative policies 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'W to H.P. 1321, L.D. 1889 
and legal procedures that can be implemented to alleviate the risk without unnecessarily 
infringing upon the civil liberties of those individuals, including but not limited to: 
A. Determining whether the legal standard for involuntary commitment should be 
altered; and 
B. Determining whether a process for the issuance of community protection orders 
that temporarily prevent individuals who pose a risk to public safety from possessing 
firearms or other deadly weapons should be available and, if so, the appropriate legal 
standards and due process protections to be included in that process; and be it further 
Sec. 6. Staff assistance. Resolved: That, notwithstanding Joint Rule 353, the 
Legislative Council shall provide necessary staffing services to the commission; and be it 
further 
Sec. 7. Authorized meetings. Resolved: That the commission may hold no 
more than 6 meetings; and be it further 
Sec. 8. Report. Resolved: That the commission shall submit a report no later 
than November 7, 2018 that includes its findings and recommendations, including 
suggested legislation, to the joint standing committee of the Legislature having 
jurisdiction over judiciary matters. 
The joint standing committee of the Legislature 
having jurisdiction over judicia1y matters is authorized to introduce legislation to the First 
Regular Session of the 129th Legislature related to the subject matter of the report. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation ta1ces effect when approved.' 
SUMMARY 
This amendment replaces the bill with a resolve that establishes the Blue Ribbon 
Commission on Community Safety to explore appropriate methods to identify individuals 
who pose a significant risk of serious bodily injmy or death to themselves or other 
persons and to intervene to diminish the risk while preserving the civil liberties of such 
individuals to the extent possible. The commission is required to submit a report by 
November 7, 2018 that includes its findings and recommendations, including suggested 
legislation, 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 is authorized to introduce legislation to the First Regular Session of 
the 129th Legislature related to the subject matter of the repo1t. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/18/18 fea:c. 
LD 1889 
LR2989(02) 
An Act To Increase Safety for Maine Citizens by Amending the Definition of "Likelihood of Serious 
Harm" in the Laws 'Governing Mental Health and Hospitalization To Include Consideration of a 
Legislative Cost/Study 
Person's Potential for Future Serious Harm 
IL 
Fiscal Note for Bill as Amended by Committee Amendment 'fl' {l/-11&) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $1,125 in fiscal year 2017-18 and $2,125 in fiscal 
year 2018-19. The Legislature's budget includes approximately $7,000 in fiscal year 2017-18 and $10,000 in fiscal 
year 2018-19 for legislative studies. Whether these amounts are sufficient to fund all studies will depend on the 
number of studies authorized by the Legislative Council and the Legislature. The additional costs of providing staffing 
assistance to the study during the·interim can be absorbed utilizing existing budgeted staff resources. 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety and the Office of the Attorney General associated with serving on 
the Commission can be absorbed within existing budgeted resources. 
LR2989(02) - Fiscal Note - Page 1 of 1