Resolve, Directing the Department of Health and Human Services To Review the Progressive Treatment Program and Processes by Which a Person May Be Involuntarily Admitted to a Psychiatric Hospital or Receive Court-ordered Community Treatment
Maine Legislature, Session 130, LD 0869
Committee: Judiciary
Sponsors: PERRY, BALDACCI, MADIGAN, STOVER

Legislative Document
No. 869
H.P. 637
House of Representatives, March 8, 2021
Resolve, Directing the Department of Health and Human Services 
To Review the Progressive Treatment Program and Processes by 
Which a Person May Be Involuntarily Admitted to a Psychiatric 
Hospital or Receive Court-ordered Community Treatment
(EMERGENCY)
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Calais.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: MADIGAN of Waterville, STOVER of Boothbay.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the processes by which a person may be involuntarily admitted to a 
psychiatric hospital or receive court-ordered treatment in the community are inconsistent; 
and
Whereas, the inconsistency is preventing access to timely treatment for individuals 
in crisis, and a more streamlined process could reduce the consequences of delayed 
treatment or lack of treatment; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Department of Health and Human Services to convene stakeholder 
group to review the progressive treatment program and processes by which a 
person may be involuntarily admitted to a psychiatric hospital or receive 
court-ordered community treatment.  Resolved:  That the Commissioner of Health 
and Human Services shall convene a stakeholder group to accomplish the following:
1. Review of the progressive treatment program.  Review the feasibility of and 
barriers to nonstate mental health institutions' participating in a progressive treatment 
program under the Maine Revised Statutes, Title 34-B, section 3873-A and develop 
recommendations to increase the use of a progressive treatment program by nonstate 
mental health institutions; and
2. Review processes for consistency and efficiency.  Review for consistency and 
efficiency the processes by which a person may be involuntarily admitted to a psychiatric 
hospital or receive court-ordered community treatment pursuant to the Maine Revised 
Statutes, Title 34-B, chapter 3, subchapter 4, article 3 and develop recommendations to 
make the processes more effective and easier to administer in order to reduce the 
consequences of delayed treatment or lack of treatment.  The review must include a review 
of how the processes are working, the consistency of requirements and implementation of 
the processes, who is responsible for initiating the processes and who is responsible for 
payment for representation of the psychiatric hospitals in those processes.
Sec. 2.  Membership of the stakeholder group.  Resolved:  That the stakeholder 
group under section 1 must include at least one representative from the Office of the 
Attorney General and one from Riverview Psychiatric Center, and the Commissioner of 
Health and Human Services shall invite the participation of at least one representative from 
each of the following organizations: Northern Light Acadia Hospital, Spring Harbor 
Hospital, the Maine Hospital Association and the Alliance for Addiction and Mental Health 
Services, Maine. The stakeholder group must also include at least one person who is or has 
been a patient under the Maine Revised Statutes, Title 34-B, chapter 3, subchapter 4, article 
or a family member of the person.  The Commissioner of Health and Human Services 
shall invite the participation of at least one representative of the Judicial Department.
Sec. 3.  Report.  Resolved:  That the Commissioner of Health and Human Services 
shall present the findings and recommendations of the stakeholder group based on the 
reviews pursuant to section 1 to the Joint Standing Committee on Health and Human 
Services no later than December 1, 2021.  The committee may report out legislation to the 
report.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill directs the Commissioner of Health and Human Services to convene a 
stakeholder group of interested parties to review the progressive treatment program under 
the Maine Revised Statutes, Title 34-B, section 3873-A to increase participation of nonstate 
mental health institutions in that program and to review for efficiency and effectiveness the 
processes by which a person may be involuntarily admitted to a psychiatric hospital or 
receive court-ordered community treatment pursuant to Title 34-B, chapter 3, subchapter 
4, article 3.  The commissioner is directed to submit a report with recommendations to the 
Joint Standing Committee on Health and Human Services no later than December 1, 2021.  
The committee may report out legislation to the Second Regular Session of the 130th 
Legislature related to the recommendations of the report.