An Act Regarding Civil Mental Health Evaluations of Former Criminal Defendants
Maine Legislature, Session 130, LD 0747
Committee: Judiciary
Sponsors: STOVER
Amends: 15 MRSA §101-D

Legislative Document
No. 747
H.P. 552
House of Representatives, March 5, 2021
An Act Regarding Civil Mental Health Evaluations of Former 
Criminal Defendants
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §101-D, sub-§5, ¶A, as amended by PL 2013, c. 434, §1 and 
affected by §15, is further amended to read:
A.  Commit the defendant to the custody of the Commissioner of Health and Human 
Services for placement in an appropriate program for observation, care and treatment 
of people with mental illness or persons with intellectual disabilities or autism.  An 
appropriate program may be in an institution for the care and treatment of people with 
mental illness, an intermediate care facility for persons who have intellectual 
disabilities or autism, a crisis stabilization unit, a nursing home, a residential care 
facility, an assisted living facility, a hospice, a hospital, an intensive outpatient 
treatment program or any program specifically approved by the court.  At the end of 
days or sooner, and again in the event of recommitment, at the end of 60 days and 
days, the State Forensic Service or other appropriate office of the Department of 
Health and Human Services shall forward a report to the Commissioner of Health and 
Human Services relative to the defendant's competence to stand trial and its reasons.  
The Commissioner of Health and Human Services shall without delay file the report 
with the court having jurisdiction of the case.  The court shall hold a hearing on the 
question of the defendant's competence to stand trial and receive all relevant testimony 
bearing on the question.  If the State Forensic Service's report or the report of another 
appropriate office of the Department of Health and Human Services to the court states 
that the defendant is either now competent or not restorable, the court shall within 30 
days hold a hearing.  If the court determines that the defendant is not competent to 
stand trial, but there does exist a substantial probability that the defendant will be 
competent to stand trial in the foreseeable future, the court shall recommit the 
defendant to the custody of the Commissioner of Health and Human Services for 
placement in an appropriate program for observation, care and treatment of people with 
mental illness or persons with intellectual disabilities or autism.  An appropriate 
program may be in an institution for the care and treatment of people with mental 
illness, an intermediate care facility for persons who have intellectual disabilities or 
autism, a crisis stabilization unit, a nursing home, a residential care facility, an assisted 
living facility, a hospice, a hospital, an intensive outpatient treatment program or any 
program specifically approved by the court.  When a person who has been evaluated 
on behalf of the court by the State Forensic Service or other appropriate office of the 
Department of Health and Human Services is committed into the custody of the 
Commissioner of Health and Human Services under this paragraph, the court shall 
order that the State Forensic Service or other appropriate office of the Department of 
Health and Human Services share any information that it has collected or generated 
with respect to the person with the institution or residential program in which the 
person is placed.  If the defendant is charged with an offense under Title 17-A, chapter 
9, 11 or 13 or Title 17-A, section 506-A, 802 or 803-A and the court determines that 
the defendant is not competent to stand trial and there does not exist a substantial 
probability that the defendant can be competent in the foreseeable future, the court shall 
dismiss all charges against the defendant and, unless.  Unless the defendant is subject 
to an undischarged term of imprisonment, the court may order the Commissioner of 
Health and Human Services to commence proceedings pursuant to Title 34-B, chapter 
3, subchapter 4.  If the defendant is charged with an offense other than an offense under 
Title 17-A, chapter 9, 11 or 13 or Title 17-A, section 506-A, 802 or 803-A and the 
court determines that the defendant is not competent to stand trial and there does not 
exist a substantial probability that the defendant can be competent in the foreseeable 
future, the court shall dismiss all charges against the defendant and, unless the 
defendant is subject to an undischarged term of imprisonment, notify the appropriate 
authorities who may institute civil commitment proceedings for the individual if there 
is reasonable cause to believe the defendant poses a likelihood of serious harm due to 
mental illness.  If the defendant is not currently placed at an institution for the care and 
treatment of people with mental illness, the court shall take steps to effect the initiation 
of proceedings pursuant to Title 34-B, chapter 3, subchapter 4, including instructing 
law enforcement to assess the need for protective custody pursuant to Title 34-B, 
section 3862 if necessary.  If the defendant is subject to an undischarged term of 
imprisonment, the court shall order the defendant into execution of that sentence and 
the correctional facility to which the defendant must be transported shall execute the 
court's order; or
SUMMARY
This bill limits the court's authority to order the Commissioner of Health and Human 
Services to commence proceedings pursuant to the Maine Revised Statutes, Title 34-B, 
chapter 3, subchapter 4 to situations in which there is a reasonable cause to believe the 
defendant poses a likelihood of serious harm due to mental illness.  This bill also expands 
the court's authority to order the commencement of such proceedings.