An Act To Provide Intensive Case Managers to Counties That Do Not Have County Jails or Regional Jails
Maine Legislature, Session 130, LD 0512
Committee: Health and Human Services
Sponsors: DODGE, CRAVEN, MADIGAN, MORALES, PERRY, RECKITT, STOVER, WARREN, ZAGER
Amends: 34-B MRSA §1227

Legislative Document
No. 512
H.P. 375
House of Representatives, February 19, 2021
An Act To Provide Intensive Case Managers to Counties That Do 
Not Have County Jails or Regional Jails
Received by the Clerk of the House on February 17, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative DODGE of Belfast.
Cosponsored by Representatives: CRAVEN of Lewiston, MADIGAN of Waterville, 
MORALES of South Portland, PERRY of Calais, RECKITT of South Portland, STOVER of 
Boothbay, WARREN of Hallowell, ZAGER of Portland.
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 
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 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.