An Act To Enhance Pretrial Justice through Risk-based Decision Making with Enhanced Diversion, Release and Treatment Options for Eligible Defendants
Maine Legislature, Session 128, LD 1268
Committee Amendment CA_A_H732 (House)
Amends: 5 MRSA §12004, 25 MRSA §2917

COMMITTEE AMENDMENT "//-" to H.P. 880, L.D. 1268, Bill, "An Act To 
Enhance Pretrial Justice through Risk-based Decision Making with Enhanced Diversion, 
Release and Treatment Options for Eligible Defendants" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish the Statewide Criminal Justice Coordinating Council' 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure.' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §12004-1, sub-§74-J is enacted to read: 
74-J. 
Public Safety 
Statewide Criminal 
Expenses Only for 
Justice Coordinating Legislative 
Council 
Members 
Sec. 2. 25 MRSA §2917 is enacted to read: 
§2917. Statewide Criminal Justice Coordinating Council 
MRSA §2917 
1. Statewide Criminal Justice Coordinating Council. The Statewide Criminal 
Justice Coordinating Council. established by Title 5, section 12004-I, subsection 74-J and 
referred to in this section as "the council." is established to accept and review data on 
encounters between law enforcement agencies and members of the public, including 
Pagel -128LR1799(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,.ff,, to H.P. 880, L.D. 1268 
persons with mental illness and persons with substance use disorders, and data gathered 
through the use of nationally validated screening and assessment tools when persons are 
admitted to jail. 
A. The council consists of: 
(1) 
The House and Senate chairs of the joint standing committee of the 
Legislature having jurisdiction over criminal justice and public safety matters and 
the joint standing committee of the Legislature having jurisdiction over health 
and human services matters; 
(2) The Commissioner of Public Safety or the commissioner's designee; 
(3) The Commissioner of Health and Human Services or the commissioner's 
designee; 
( 4) The Commissioner of Corrections or the commissioner's designee; 
(5) The president of a statewide association of county sheriffs; 
(6) A representative of the Consumer Council System of Maine established in 
Title 34-B, section 3611, designated by that organization; 
(7) A representative of the agency designated by the Governor pursuant to Title 
5, section 19502 to serve as the protection and advocacy agency for persons with 
disabilities, designated by that agency; 
(8) A representative of a statewide organization that provides support, education 
and advocacy with regard to mental illness, designated by that organization; and 
(9) A representative of a statewide organization that provides support, education 
and advocacy with regard to substance use disorder, designated by that 
organization. 
B. The council shall collect and review data submitted by law enforcement agencies, 
sheriffs and the regional jail administrators pursuant to subsections 2 and 3, review 
and summarize the data and, beginning January 15, 2021, shall provide an annual 
report to the joint standing committee of the Legislature having jurisdiction over 
criminal justice and public safety matters and the joint standing committee of the 
Legislature having jurisdiction over health and human services matters. The report 
must contain any recommendations that the council has developed for legislative 
action. A legislative committee that receives a report under this section from the 
council may report out legislation based on the report to the Legislature. 
C. The first-named member of the Senate serves as the Senate chair of the council. 
The first-named member of the House serves as the House chair of the council. 
D. Members of the council under paragraph A. subparagraphs (5) to (9) serve for 
terms of 3 years and may serve until their successors are appointed. Members who 
are Legislators serve for the duration of their legislative terms. 
E. Members of the council serve without compensation except that those members 
who are Legislators are entitled to reimbursement for actual expenses. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. ff. to H.P. 880, L.D. 1268 
F. 
Staffing and administrative support for the council may be provided by the 
Department of Public Safety or may be provided through a contract with a person 
with relevant experience. 
2. Collection and submission of data from law enforcement encounters. A law 
enforcement agency in the State shall submit to the Department of Public Safety on a 
quarterly basis. beginning January 15. 2020, data that identifies law enforcement calls for 
service and encounters between law enforcement officers and members of the public, 
including for each encounter between a law enforcement officer and a person who self-
identifies or is identified by the law enforcement officer as having a mental illness or a 
substance use disorder: 
A. The identified mental illness or substance use disorder: 
B. The disposition of the encounter, including whether the person was charged with 
a crime and. if so, whether the person was released or detained: 
C. Whether the person was referred to a hospital emergency room or to a provider of 
mental health or substance use disorder treatment or services: and 
D. Whether any injuries were sustained by the person or the law enforcement officer 
during or as a result of the encounter. 
The Department of Public Safety shall forward the information reported under this 
subsection to the council. 
3. Submission of data from screening and assessment at iails. A county sheriff 
that operates a jail and a regional jail administrator shall submit in summary form to the 
Department of Public Safety information gathered through the use of a nationally 
validated screening and assessment tool related to the mental health condition and 
substance use disorder needs of persons entering jail beginning January 15, 2020. The 
Department of Public Safety shall forward the information reported under this subsection 
to the council. 
Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
LEGISLATURE 
Legislature 0081 
Initiative: Appropriates funds for the ongoing costs of Legislators serving on the 
Statewide Criminal Justice Coordinating Council. 
GENERAL FUND 
Personal Services 
All Other 
GENERALFUNDTOTAL 
2017-18 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
$440 
$1,120 
$1,560 
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COMMITTEE AMENDMENT .ff, to H.P. 880, L.D. 1268 
SUMMARY 
This amendment is the majority report of the committee. This amendment replaces 
the bill. The amendment establishes the Statewide Criminal Justice Coordinating Council 
to accept and review data on encounters between law enforcement agencies and members 
of the public and data gathered through the use of nationally validated screening and 
assessment tools when persons are admitted to jail. The council consists of 12 members. 
The council is required to collect and review data submitted by law enforcement 
agencies, sheriffs and regional jail administrators, review and summarize the data and 
provide an annual report beginning January 15, 2021 to the joint standing committees of 
the Legislature having jurisdiction over criminal justice and public safety matters and 
health and human services matters. The report must contain any recommendations for 
legislative action. A legislative committee that receives a report from the Statewide 
Criminal Justice Coordinating Council may report out legislation based on the report to 
the Legislature. Staffing and administrative support for the council may be provided by 
the Department of Public Safety or by contract with a person having relevant experience. 
The amendment requires each law enforcement agency in the State to submit to the 
Department of Public Safety on a quarterly basis beginning January 15, 2020 data that 
identifies law enforcement calls for service and encounters between law enforcement 
officers and certain members of the public and requires the department to forward that 
data to the Statewide Criminal Justice Coordinating Council. 
The amendment requires a county sheriff who operates a jail and a regional jail 
administrator to submit in summary form to the Department of Public Safety information 
gathered through the use of a nationally validated screening and assessment tool related 
to the mental health condition and substance use disorder needs of persons entering jail 
beginning January 15, 2020. The amendment requires the department to forward this 
information to the Statewide Criminal Justice Coordinating Council. 
The amendment adds a mandate preamble and an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/04/18 .?dae 
LD 1268 
LR 1799(02) 
An Act To Enhance Pretrial Justice through Risk-based Decision Malting with Enhanced Diversion, 
Release and Treatment Options for Eligible Defendants 
Fiscal Note for Bill as Amended by Committee Amendment /li{fl-'76).) 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
FY2017-18 
FY2018-19 
$0 
$1,560 
$0 
$1,560 
Required to submit data identifying law enforcement calls for service and 
encounters between law enforcement officers and persons who self-identify or are 
identified by a law enforcement officer as having a mental health condition or 
substance use disorder. Required to submit information gathered through the use of 
a nationally validated screening and assessment tool related to the mental health 
condition and substance use disorder needs of persons entering jail. 
Projections 
FY 2019-20 
$11,560 
$11,560 
Unit Affected 
Municipality 
County 
Projections 
FY 2020-21 
$21,560 
$21,560 
Local Cost 
Moderate 
statewide 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the State from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
Provides an appropriation of $1,560 to the Legislature for the ongoing costs of legislators serving on the Statewide 
Criminal Justice Coordinating Council. The Department of Public Safety will require a General Fund appropriation of 
$10,000 in fiscal year 2019-20 for the administrative cost to support the Council. Additional costs to the Department 
of Health and Human Services and the Department of Corrections from the provisions of this bill are expected to be 
minor and can be absorbed within existing budgeted resources. 
LRl 799(02) - Fiscal Note - Page 1 of 1