An Act To Provide Intensive Case Managers to Counties That Do Not Have County Jails or Regional Jails
Maine Legislature, Session 129, LD 0414
Committee: Health and Human Services
Sponsors: DODGE, KINNEY, HERBIG, AUSTIN, BEEBE-CENTER, CLOUTIER, DOUDERA, MADIGAN, MEYER
Amends: 34-B MRSA §1227

Legislative Document
No. 414
H.P. 323
House of Representatives, January 29, 2019
An Act To Provide Intensive Case Managers to Counties That Do 
Not Have County Jails or Regional Jails
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DODGE of Belfast.
Cosponsored by Representative KINNEY of Knox, Senator HERBIG of Waldo and
Representatives: AUSTIN of Skowhegan, BEEBE-CENTER of Rockland, CLOUTIER of 
Lewiston, DOUDERA of Camden, MADIGAN of Waterville, McCREIGHT of Harpswell, 
MEYER of Eliot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-B MRSA §1227 is enacted to read:
§1227.  Intensive case manager
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Condition" means an intellectual disability, a mental health condition or 
substance misuse, at any level, as determined by a qualified mental health 
professional.
B.  "Diversion plan" means a plan to reduce or eliminate the time a person with a 
condition is incarcerated or detained by a law enforcement officer by redirecting the 
person from the criminal justice system to community-based treatment and support.
C.  "Intensive case manager" means a person who coordinates and oversees mental 
health support and services for persons with a condition who are incarcerated in a 
county or regional jail or detained by a law enforcement officer.
2.  Assignment to counties.  The department shall assign at least one intensive case 
manager to work in each county.  An intensive case manager must be based in a county or 
regional jail or, in the absence of a county or regional jail, in the county sheriff's office.
3.  Intensive case manager duties.  The duties of intensive case managers include 
but are not limited to:
A.  Overseeing all persons detained by a law enforcement officer who are evaluated 
for a condition, including:
(1)  Connecting a person with a condition to services provided at the county or 
regional jail;
(2)  Developing and implementing a reentry-focused treatment plan for a person 
with a condition to be implemented upon the person's release and ensuring 
adequate monitoring of the person's compliance with the treatment plan for at 
least 60 days after the person reenters the community; and
(3)  For a person with a condition who is incarcerated for a Class D or Class E 
crime or is otherwise detained by a law enforcement officer, developing a 
diversion plan;
B.  Identifying any person with a condition detained by a law enforcement officer 
who may be eligible for services through the MaineCare program, completing an 
application for MaineCare coverage with that person and confirming activation of 
MaineCare benefits or the continuation of MaineCare benefits pursuant to Title 22, 
section 3174-CC prior to that person's release from the county or regional jail and 
during the implementation of any diversion plan or reentry-focused treatment plan; 
and
C.  Working with the court system to ensure that all persons detained by a law 
enforcement officer who are identified as having a condition are provided due 
process and a speedy trial.
Sec. 2.  Department of Health and Human Services to increase the 
number of the State's intensive case manager positions.  The Department of 
Health and Human Services shall increase the number of intensive case manager 
positions from the 15 currently serving county jails and regional jails to meet the 
requirements of the Maine Revised Statutes, Title 34-B, section 1227.
SUMMARY
This bill directs the Department of Health and Human Services to create additional 
intensive case manager positions so that counties that do not have a county jail or 
regional jail will have an intensive case manager.  An intensive case manager oversees 
persons who are detained by a law enforcement officer and who have intellectual 
disabilities or mental health conditions or have misused substances and connects them to 
the services for which they qualify, works with the court system to ensure that they 
receive due process and speedy trials and assists persons who qualify for the MaineCare 
program to apply for and receive MaineCare benefits and services while being detained 
or incarcerated, including during the implementation of diversion and reentry plans.