An Act To Expand Access to Mental Health and Crisis Care for Individuals in Jails and Individuals Experiencing Homelessness
Maine Legislature, Session 130, LD 1968
Committee Amendment CA_A_HA_A_H1030 (House)

HOUSE AMENDMENT "A" to COMMITTEE AMENDMENT "N' to H.P. 1463, 
L.D. 1968, "An Act To Expand Access to Mental Health and Crisis Care for Individuals in 
Jails and Individuals Experiencing Homelessness" 
Amend the amendment in Part A in section 1 in subsection 10 in the last line (page 1, 
line 21 in amendment) by insetting after the following: "Service
the following: '. unless 
an extraordinaiy circumstance causes a necessary delay. The Commissioner of Health and 
Human Services shall notify the couit of the extraordinaty circumstance causing a delay' 
Amend the amendment by striking out all of Pait C and insetting the following: 
'PARTC 
Sec, C-1. Department of Health and Human Services to ensure there is a 
plan for a comprehensive system of residential care to serve people with 
behavioral health needs. The Depaitment of Health and Human Services shall ensure 
that the State has a plan for a comprehensive system of residential care for adults and 
children with high levels of behavioral health needs who are at increased risk of 
involvement with the criminal justice system or who, because of their behaviors, require 
high levels of staffing. For purposes of this Pait, "behavioral health
includes a wide range 
of mental disorders and illnesses, substance use disorder, developmental disabilities and 
autism. 
Sec, C-2. Residential care; participation. The Department of Health and Human 
Services shall work in collaboration with stakeholders including consumer groups, 
behavioral health service providers, public safety organizations, representatives of the 
education system, law enforcement organizations and hospitals to identify and fill gaps in 
0 
services in residential care for adults and children pursuant to this Patt. The department 
shall align this collaborative effott with the development of a strategic plan for behavioral 
health services as required by Resolve 2021, chapter 80. 
Sec, C-3. Elements, In ensuring that the State has a plan for a comprehensive system 
of residential care for adults and children pursuant to this Patt, the Depa1tment of Health 
and Human Services shall incorporate the following elements as they relate to behavioral 
health: 
Page l - 130LR2352(05) 
HOUSE AMENDMENT 
'ROS 
HOUSE AMENDMENT ':,4" to COMMITTEE AMENDMENT "A" to H.P. 1463, L.D. 1968 
1. Needs study. A needs study to identify the cul'l'ent and predicted residential needs 
of individuals with behavioral health needs, based on current best practices and evidence, 
for the next 10 years; and 
2. Gaps analysis, A data-informed analysis that identifies the gaps between cunently 
available residential services and those predicted needs identified through the needs study 
under subsection 1 and that includes, at a minimum, the following: 
A. Population information: 
(1) Geography; 
(2) Insurance status; 
(3) Guardianship and family status; 
(4) Age; 
(5) Medical diagnoses; 
(6) Propensity for violent behaviors; 
(7) Special populations, including, but not limited to, pregnant persons and foster 
children; and 
(8) Other identified factors; 
B. Human and facility infrastructure and access information: 
(1) Availability of providers and community services; 
(2) Labor costs by geographic area; and 
(3) Barriers to access; 
C. Existing barriers that may inhibit access to or the development of needed services; 
D. Evidence-based review of social determinants; 
E. Existing strengths and weaknesses in the systems and support services; and 
F. Defined metrics and outcomes to measure success and progress. 
Sec. C~4. Report. No later than January 2, 2023, the Department of Health and 
Human Services shall submit a report to the joint standing committee of the Legislature 
having jurisdiction over health and human services matters regarding the status of the 
comprehensive system of residential cat'e for adults and children pUl'suant to this Part, 
including the number of staffed community residential treatment beds for individuals with 
behavioral health needs, including children with behavioral health needs, in each 
geographic region of the State. The report must include the plan under this Part including 
the results of the collaborative work with the stakeholders under section 2 and a time line 
and metdcs to achieve the comprehensive system of residential care identified by the 
analysis under section 3. The committee may report out legislation to implement the plan 
to the First Regular Session of the 131st Legislature.' 
Amend the amendment by striking out all of Part E. 
Amend the amendment by relettering or renumbering any nonconsecutive Pait letter or 
section number to read consecutively. 
HOUSE AMENDMENT 
)S 
HOUSE AMENDMENT 'A "to COMMITTEE AMENDMENT "A" to H.P. 1463, L.D. 1968 
SUMMARY 
This amendment amends Committee Amendment "A" to require the Depa1tment of 
Health and Human Services to ensure that the State has a plan for a comprehensive system 
of residential care for adults and children with high levels of behavioral health needs who 
are at risk of involvement with the criminal justice system or who, because of their 
behaviors, require high levels of staffing. Committee Amendment "A" requires the 
depa1tment to develop a comprehensive system and to develop a plan for and implement 
such a system. 
Committee Amendment "A" provides that when a court commits a defendant to the 
custody of the Commissioner of Health and Human Services for placement in an institution 
for the care and treatment of persons with mental illness, the transfer of the defendant must 
take place within 30 days from the time the order is transmitted to the State Forensic 
Service. This amendment provides that such a transfer must be made within that 30-day 
period unless an extraordinary circumstance causes a necessary delay and it 1·equires the 
commissioner to notify the coutt of the extraordinary circumstance causing a delay. 
This amendment also removes the appropriations and allocations section. 
·1) 
~ nfl, 
' 
SPONSORED BY: j), a,,,cAvd ( A~-{) y I U\in/ 
(Representative TALBOT ROSS, R.) 
TOWN: Portland 
li"ISCAL NOTE REQUIRED 
(See attached) 
HOUSE AMENDMENT 
Approved: 04/15/22 :4'.ae 
LD 1968 
LR 2352(05) 
An Act To Expand Access to Mental Health and Crisis Care for Individuals in Jails and Individuals 
Experiencing Homelessness 
Fiscal Note for House Amendment ':A" to Committee Amendment "A" 
Sponsor: Rep. Talbot Ross of Portland 
(H-/oso) 
Net Cost {Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2021-22 
$0 
$0 
FY2022-23 
Projections 
FY 2023-24 
Projections 
FY 2024-25 
($1,698,000) 
($1,494,887) 
($1,527,974) 
($1,698,000) 
($1,494,887) 
($1,527,974) 
This amendment adds language that allows for a delay of the 30-day placement of a defendant by the Department of 
Health and Human Services (DHHS) in an institution for the care and treatment of persons with mental illness, if 
extraordinary circumstances exist, and requires the co1mnissioner to notify the court of such a delay. Additionally, it 
strikes the General Fund appropriations in the bill and clarifies some language in the bill. It would still require the 
DHHS to do case management, coordination of housing, substance use services and mental health services, a needs 
study to identify the current and predicted residential needs of individuals with behavioral health diagnoses, reporting 
to the legislature, developing policy changes and ensuring the State has a plan following a needs study. DHHS expects 
that this will require them to establish multiple positions to cany out this work. It is unknown exactly when these new 
costs would be incurred, but it is estimated that at full implementation the total ongoing cost would be around 
$1,500,000 annually to the General Fund. There will also be a one-time cost to complete a study and needs assesment 
by January 2023, which is estimated to cost $215,000 to the General Fund. As this bill provides no new funding, the 
impact of these new unfunded costs on other programs in the DHHS cannot be detennined at this time. 
LR2352(05) - Fiscal Note - Page 1 of 1