Resolve, To Equitably Fund Legal Fees for Progressive Treatment Programs
Maine Legislature, Session 130, LD 1090
Committee: Health and Human Services
Sponsors: CLAXTON

Legislative Document
No. 1090
S.P. 351
In Senate, March 22, 2021
Resolve, To Equitably Fund Legal Fees for Progressive Treatment 
Programs
Received by the Secretary of the Senate on March 18, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CLAXTON of Androscoggin.
Sec. 1.  Department of Health and Human Services to create progressive 
treatment program pilot project.  Resolved:  That the Department of Health and 
Human Services shall implement a pilot project to fund applicants for the progressive 
treatment program established in the Maine Revised Statutes, Title 34-B, section 3873-A 
in accordance with this section.
1.  Definitions.  As used in this section, the following terms have the following 
meanings:
A.  "Applicant" means a superintendent or chief administrative officer of a nonstate 
mental health institution or a director of an ACT team.
B.  "Application" means any application that seeks to admit a patient to a progressive 
treatment program filed in the District Court in accordance with the Maine Revised 
Statutes, Title 34-B, section 3873-A.
C.  "Assertive community treatment" or "ACT" has the same meaning as in the Maine 
Revised Statutes, Title 34-B, section 3801, subsection 11.
D.  "Nonstate mental health institution" has the same meaning as in the Maine Revised 
Statutes, Title 34-B, section 3801, subsection 6.
E.  "Patient" has the same meaning as in the Maine Revised Statutes, Title 34-B, section 
3801, subsection 7.
F.  "Progressive treatment program" has the same meaning as in the Maine Revised 
Statutes, Title 34-B, section 3801, subsection 7-A.
2.  Scope.  The pilot project must fund court and legal fees incurred by an applicant in 
association with filing and obtaining an order from the District Court to admit a patient to 
a progressive treatment program.
3.  Duration.  The pilot project must commence no later than October 1, 2021 and last 
for 24 months.
4.  Funding source.  The pilot project must be funded from the Medical Use of 
Marijuana Fund established in the Maine Revised Statutes, Title 22, section 2430 at a cost 
not to exceed $250,000.
5.  Funding limitation.  The pilot project may provide to an applicant no more than 
$800 per application.
6.  Report.  The Department of Health and Human Services shall submit a report on 
the results of the pilot project, including recommendations for continuing the project, to the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters at the conclusion of the pilot project.  The joint standing committee of the 
Legislature having jurisdiction over health and human services matters has authority to 
report out legislation related to the report to the Second Regular Session of the 131st 
Legislature.
SUMMARY
This resolve establishes a pilot project within the Department of Health and Human 
Services to fund court and legal fees incurred by a superintendent or chief administrative 
officer of a nonstate mental health institution or a director of an assertive community 
treatment service team in association with filing and obtaining an order from the District 
Court to admit a patient to a progressive treatment program.  The pilot project is funded up 
to $250,000 from the Medical Use of Marijuana Fund to provide up to $800 per application.  
The department is required to submit a report to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters at the conclusion of 
the pilot project.  The joint standing committee of the Legislature having jurisdiction over 
health and human services matters is authorized to report out legislation related to the report 
to the Second Regular Session of the 131st Legislature.