An Act To Create Mental Health Liaison Positions in Each County Jail
Maine Legislature, Session 128, LD 0966
Committee Amendment CA_A_H700 (House)
Amends: 5 MRSA §12004, 25 MRSA §2917, 34-B MRSA §1226

COMMITTEE AMENDMENT" A 
"to H.P. 679, L.D. 966, Bill, "An Act To Create 
Mental Health Liaison Positions in Each County Jail" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Persons with Mental Illness and Substance Use Disorders in Jails 
and Correctional Facilities' 
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 
Justice Coordinating 
Council 
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 
COMMITTEE AMENDMENT 
\Co· 
\.) 
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COMMITTEE AMENDMENT 
11{} to H.P. 679, L.D. 966 
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 and correctional facilities. 
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 president of a statewide association of county sheriffs: 
(5) A representative of the Consumer Council System of Maine established in 
Title 34-B, section 3611, designated by that organization: 
( 6) 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: 
(7) A representative of a statewide organization that provides support, education 
and advocacy with regard to mental illness, designated by that organization; and 
(8) A representative of a statewide organization that provides support, education 
and advocacy with regard to substance use disorders, designated by that 
organization. 
B. The council shall collect and review data submitted by law enforcement agencies, 
sheriffs, regional jail administrators and intensive case managers pursuant to 
subsection 2 and Title 34-B, section 1226, shall 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), (6) and (7) 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 ..t/1" to H.P. 679, L.D. 966 
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. Submission of data regarding the use of screening and assessment tools. A 
law enforcement agency in the State and an intensive case manager assigned by the 
Department of Health and Human Services to a jail or regional jail 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. 
Sec. 3. 34-B MRSA §1226 is enacted to read: 
§1226. Screening required for mental health conditions and substance use disorders 
1. Screening and assessment. When a person is admitted to a jail or regional jail or 
correctional facility, the person must be assessed for mental illness and substance use 
disorders through the use of a nationally validated screening and assessment tool. 
2. Data collection by intensive case manager. An intensive case manager assigned 
by the department to a jail, regional jail or correctional facility shall submit in summary 
form to the department information gathered from the screening and assessment under 
subsection 1 and from any encounter with a person in the jail, regional jail or correctional 
facility, including, but not limited to: 
A. The person1s needs relating to the person1s mental health condition or substance 
use disorder: 
B. 
Whether the person has entered a jail, regional jail or correctional facility 
previously: 
C. Whether the person was transferred to another facility upon release and to which 
facility; or 
D. Any other disposition upon the person1s release from the jail, regional jail or 
correctional facility. 
The department shall forward the information reported under this subsection to the 
Statewide Criminal Justice Coordinating Council under Title 25, section 2917. 
COMMITTEE AMENDMENT 
(la~· 
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COMMITTEE AMENDMENT "A" to H.P. 679, L.D. 966 
Sec. 4. 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 
GENERAL FUND TOTAL 
SUMMARY 
2017-18 
$0 
$0 
$0 
2018-19 
$440 
$1,120 
$1,560 
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 is required to collect and review data submitted by law enforcement 
agencies, sheriffs, regional jail administrators and intensive case managers, summarize 
and review the data and provide an annual report to the joint standing committees of the 
Legislature having jurisdiction over criminal justice and public safety matters and health 
and human services matters beginning January 15, 2021. 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 to 
the Legislature based on the report. 
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 enf()rcement 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 requi1'es a person admitted to a jail, regional jail or correctional 
facility to be assessed for mental health conditions and substance use disorders through 
use of a nationally validated screening and assessment tool. It requi1'es that an intensive 
case manager assigned by the Department of Health and Human Services to a jail, 
regional jail or correctional facility submit in summary form to the department 
information gathered from an encounter with such a person. The amendment requires the 
department to forward this information to the Statewide Criminal Justice Coordinating 
Council. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT «A" to H.P. 679, L,D, 966 
The amendment adds a mandate preamble and an appropriations and allocations 
section, 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/21/18 feac 
LD 966 
LR 2063(02) 
An Act To Create Mental Health Liaison Positions in Each County Jail 
Fiscal Note for Bill as Amended by Committee Amendment ·A· ct+~ 7DO) 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
State Mandates 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
FY 2017-18 
FY 2018-19 
$0 
$1,560 
$0 
$1,560 
Projections 
FY 2019-20 
$11,560 
$11,560 
Required Activity 
Unit Affected 
Submit inf01111ation gathered from a nationally validated screening and assessment 
County 
tool related to the mental health condition and substance use disorder needs of 
persons entering jail. 
Projections 
FY 2020-21 
$21,560 
$21,560 
Local Cost 
Moderate 
statewide 
The required local activities in this bill may represent a state mandate pmsuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
Fiscal Detail and Notes 
The bill provides an ongoing appropriation of $1,560 to the Legislature for the 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 supp01t the Council. Additional costs to 
the Department of Conections and the Department of Health and Human Services associated with this legislation cat 
be absorbed within existing budgeted resources. 
LR2063(02) - Fiscal Note - Page 1 of 1