An Act Regarding Persons Who Are Found Not Criminally Responsible and Are Sent out of State for Treatment
Maine Legislature, Session 129, LD 1512
Committee Amendment CA_A_H469 (House)
Amends: 15 MRSA §104-A, 15 MRSA §109

COMMITTEE AMENDMENT "/}" to H.P. 1105, L.D. 1512, Bill, "An Act 
Regarding Persons Who Are Found Not Criminally Responsible and Are Sent out of 
State for Treatment" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA §104-A, sub-§1, as amended by PL 2005, c. 464, §1, is further 
amended to read: 
1. Release and discharge. The term "release," as used in this section, means 
termination of institutional inpatient residency and return to permanent residency in the 
community. The head of the institution in which a person is placed, under section 103, 
shall, annually, forward. to the Commissioner of Health and Human Services a report 
containing the opinion of a staff psychiatrist as to the mental conditions of that person, 
stating specifically whether the person may be released or discharged without likelihood 
that the person will cause injury to that person or to others due to mental disease or 
mental defect. The report must also contain a brief statement of the reasons for the 
opinion. If a person has been placed in an institution outside the State pursuant to section 
103, the institution of this State required to monitor the person's placement shall forward 
the report to the commissioner every 6 months. If a person who has been found not 
criminally responsible by reason of insanity for the crime of murder or a Class A crime 
and was committed under section 103 is the subject of a report finding that the person 
may be released, the report must specifically deseribe recommend the supervision for the 
Depaitment of Health and Human Services will to provide the person and must 
specifically include measures for the department will to take to provide psychoactive 
medication monitoring of the person. The commissioner shall immediately file the report 
in the Superior Court for the county in which the person is committed. If a person has 
been placed in an institution outside the State, the commissioner shall immediately file 
the report in the Superior Court for the county in which the institution in this State 
required to monitor the person's placement is located. The court shall review each report 
and, if it is made to appear by the report that any person may be ready for release or 
discharge, the court shall set a date for and hold a hearing on the issue of the person's 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"/),, to H.P. 1105, L.D. 1512 
readiness for release or discharge. The court shall give notice of the hearing and mail a 
copy of the report to the Attorney General, offices of the district attorney that prosecuted 
the criminal charges for which the person was committed under section 103 and the 
offices of the district attorneys in whose district the release petition was filed or in whose 
district release may occur. At the hearing, the court shall receive the testimony of at least 
one psychiatrist who has treated the person and a member of the State Forensic Service 
who has examined the person, the testimony of any independent psychiatrist or licensed 
clinical psychologist who is employed by the prosecutor and has examined the person and 
any other relevant testimony. If, after hearing, the court finds that the person may be 
released or discharged without likelihood that the person will cause injury to that person 
or to others due to mental disease or mental defect, the court shall order, as applicable: 
A. Release from the institution, provided that: 
(1) The order for release includes conditions determined appropriate by the 
court, including, but not limited to, outpatient treatment and supervision by the 
Department of Health and Human Services, Division of Mental Health. If the 
order for release covers a person found not criminally responsible by reason of 
insanity for the crime of murder or a Class A crime and was committed under 
section 103, the order must direct the Department of Health and Human Services 
to- provide the level of supervision necessary, including specific measures to 
provide psychoactive medication monitoring; and 
(2) The order for release includes the condition that the person must be returned 
to the institution immediately upon the order of the commissioner whenever the 
person fails to comply with other conditions ofrelease ordered by the court; or 
B. Discharge from the custody of the Commissioner of Health and Human Services. 
Release from the institution is subject to annual review by the court and, except for return 
as ordered by the commissioner under paragraph A, subparagraph (1), must continue until 
terminated by the court. Each person released under this section shall remain remains in 
the custody of the commissioner. The Commissioner of Health and Human Services shall 
inform the public safety officer of the municipality or the sheriffs office of the county 
into which the person is released of the release. 
Sec. 2. 15 MRSA §109 is enacted to read: 
§109. Committee for the oversight of patient human rights 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Commissioner" means the Commissioner of Health and Human Services. 
B. "Committee" means a committee at a state institution that has responsibility for 
overseeing patients in a state institution or forensic patients placed in institutions 
outside the State. 
C. "Department" means the Department of Health and Human Services. 
D. 
"State institution" has the same meaning as in Title 34-B, section 1001, 
subsection 8. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. /],, to H.P. 1105, L.D. 1512 
E. "Superintendent" means the chief administrative officer of a state institution. 
2. Committee convened. The commissioner shall convene a committee in each 
state institution. 
3. Duties. The duties of the committee include, but are not limited to: 
A. Reviewing practices that affect, or potentially affect, the civil liberties or other 
rights of patients; 
B. Reviewing, investigating and seeking resolution of patient grievances; 
C. For forensic patients placed outside the State pursuant to subsection 103: 
(1) Reviewing reports submitted to the commissioner by the state institution 
pursuant to section 104-A, subsection 1 and provided to the committee by the 
superintendent pursuant to subsection 4; 
(2) Reviewing medical records or other records at the request of the patient or 
the patient's guardian if the patient who is the subject of the review or the 
patient's guardian has provided informed, written consent; and 
(3) Receiving verbal reports at least twice per year from the superintendent of 
the state institution monitoring the person's placement outside the State; 
D. Performing other duties as assigned by the superintendent; and 
E. Making recommendations or reporting concerns to the superintendent based on 
any review under this subsection. 
4. Report; confidentiality. The superintendent shall provide patient reports under 
section 104-A, subsection 1 to the committee. The superintendent shall remove any 
identifying information of the patient in the report reviewed by the committee pursuant to 
subsection 3, paragraph C, subparagraph (1), unless the patient who is the subject of the 
report or the patient's guardian has provided informed. written consent to the full 
disclosure of the report to the committee.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the unanimous report of the committee: 
1. Removes the requirement in the bill that the court, before placing a person in an 
institution outside the State or upon request of the person after being placed outside the 
State, conduct a hearing; 
2. Reduces the frequency of required status reports on a forensic patient placed 
outside the State from quarterly to every 6 months and requires the report be filed in the 
Superior Court in the county in which the state institution monitoring the person's 
placement is located; and 
3. Replaces the proposed oversight committee of forensic patients in the bill with a 
committee for the oversight of patient human rights, for patients in state institutions or 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A' to H.P. 1105, L.D. 1512 
forensic patients placed outside the State, to review practices that affect, or potentially 
affect, the civil liberties or other rights of patients; review patient grievances; review 
reports regarding the placement of forensic patients outside the State and, among other 
duties, to report concerns and make recommendations to the superintendent of the state 
institution. 
FISCAL NOTE REQUIRED 
(See att~ched) 
COMMITTEE AMENDMENT 
Approved: 05/30/19 feae.. 
LD 1512 
LR 1344(02) 
An Act Regarding Persons Who Are Found Not Criminally Responsible and Are Sent out of State for 
Treatment 
\ 
Fiscal Note for Bill as Amended by Committee Amendment '~ { f/-l/ I.,~ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts. 
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. 
LR1344(02) - Fiscal Note - Page 1 of 1