An Act to Continue Allowing the Department of Corrections to Accept Placement of Certain Defendants Pound Incompetent to Stand Trial
Maine Legislature, Session 131, LD 2046
Committee Amendment CA_A_H817 (House)
Amends: 34-A MRSA §3069-C

COMMITTEE AMENDMENT " A " to H.P, 1308, L.D. 2046, "An Act to Continue
Allowing the Department of Corrections to Accept Placement of Certain Defendants Pound
Incompetent to Stand Trial"
Amend the bill by striking out the title and substituting the following;
'An Act Regarding the Placement of Certain Defendants Found Incompetent to Stand
Trial'
Amend the bill by striking out everything after the enacting clause and before the
emergency clause and inserting the following;
'See. 1. 34-A MRSA §3069-C, sub-§3, p, as enacted by PL 2021,c.259, §1, is
amended by enacting at the end a new first blocked paragraph to read:
A court must terminate placement of a defendant in a mental health unit of a
correctional facility ifi after a hearm&held oursuant to this oaraeraph, it determuies by
clear and convincine evidence that the mental health unit of a correctional facility in
which the defendant is placed .is not the least restnctiye placement aouropriate for the
defendant.
Sec. 2. 34-A MRSA §3069-C, sub-§6, as enacted by PL 2021, c. 259, §1, is
amended to read:
6. Sunset. This section is repealed on July 1, SQ3A 2027,
Sec. 3. Stakeholder group; report. The Department of Health and Human Services
shall convene a stakeholder group to examine issues related to certain defendants found
incompetent to stand trial who are placed in a mental health unit of a Department of
Corrections facility m accordance with the Maine Revised Statutes, Title 34-A, section
3069-C. The stakeholder group must develop a process and procedure for safely and
effectively placing certain defendants found incompetent to stand trial, who pose a health
or safety risk to Department of Health and Human Services personnel and patients, in the
least restrictive setting possible, The process and procedure developed must ensure that a
defendant's due process rights are maintained and protected. The stakeholder group must
COMMITTEE AMENDMENT
^ COMMITTEE AMENDMENT " ^ " to H.P. 1308, L.D. 2046
^
also determine and identify any resources required to establish this process and procedure.
The membership of the stakeholder group must include, at a minimum, the Commissioner
of Corrections or the commissioner's designee, a criminal defense attorney licensed in this
State and a representative of a statewide organization that advocates for civil liberties,
On or before January 1, 2027, the Department of Health and Human Services shall
submit to the joint standing committee of the Legislature having jurisdiction over criminal
justice and public safety matters a report outlining the process and procedures developed,
including recommended legislation, After reviewing the report, the committee may report
out legislation relating to the report to the 133rd Legislature in 2027.
Sec. 4. Review; report. By January 1, 2027, the Department of Health and Human
Services and the Department of Corrections shall jointly submit a report to the joint
standing committee of the Legislature having jurisdiction over criminal justice and public
safety matters regarding the number, circumstances and outcomes of the placement of
defendants found incompetent to stand trial and placed in a mental health unit of a
correctional facility pursuant to the Maine Revised Statutes, Title 34-A, section 3069-C,
The report must include the number of defendants transferred to a mental health unit, the
average length of stay, the number of defendants transferred to other facilities, which must
be organized by type of facility, the impact on the mental health and criminal justice
systems and any other relevant data, After reviewing the report, the committee may report
out legislation to the 133rd Legislature in 2027 to address issues raised by the report and
to repeal or amend the sunset provision in Title 34-A, section 3069-C, subsection 6,'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the minority report of the committee, replaces the bill and
changes the title but maintains its emergency status. It stipulates that when a defendant
found incompetent to stand trial who is placed in a mental health unit of a correctional
facility petitions a court for retn-n to placement in a less restrictive setting, after a hearing
on that petition the court must return the defendant to a less restrictive setting if it finds by
0 clear and convincing evidence that the mental health unit of a correctional facility in which
the defendant is placed is not the least restrictive placement appropriate for the defendant,
The amendment also extends the sunset of the laws governing placement of certain
3 defendants found incompetent to stand trial in a mental health unit of a correctional facility
by 3 years to July 1,2027,
The amendment also requires the Department of Health and Human Services to
establish a stakeholder group consisting of, at a minimum, the Commissioner of
Corrections or the commissioner's designee, a criminal defense attorney licensed m this
State and a representative of a statewide organization that advocates for civil liberties to
develop a process and procedure for safely and efficiently placing certain defendants found
incompetent to stand trial who pose a health or safety risk to Department of Health and
Human Services personnel and patients in the least restrictive setting possible, This process
must ensure that the due process rights of the defendant are protected. The stakeholder
group must submit a report by January 1, 2027 establishing a process and procedure,
including any necessary legislation, to the joint standing committee of the Legislature
COMMITTEE AMENDMENT
^ COMMITTEE AMENDMENT " ^ " to H.P. 1308, L,D. 2046
<^p
having jurisdiction over criminal justice and public safety matters, which may report out
legislation relating to the report to the 133rd Legislature in 2027.
The amendment also reestablishes a reporting requirement from the Department of
Health and Human Services and the Department of Corrections regarding the number,
circumstances and outcomes of the placement of defendants found incompetent to stand
trial and placed in a mental health unit of a correctional facility. This report must be
submitted to the committee by January 1, 2027, and the committee may report out
legislation based on this report to the 133rd Legislature in 2027 and may repeal or amend
the sunset provision of July 1,2027,
FISCAL NOTE REQUIRED
(See attached)
Page3-131LR2819(02)
COMMITTEE AMENDMENT
Approved: 02/29/24 ^VSG-
LD 2046 LR 2819(02)
An Act to Continue Allowing the Department of Corrections to Accept Placement of Certain
Defendants Found Incompetent to Stand Trial
Fiscal Note for Bill as Amended by Committee Amendment "^' (H - £>\~^
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Health and Human Services (DHHS) to establish a stakeholder group to
develop a process and procedure for safely and efficiently placing certain defendants found incompetent to stand b-'
who pose a health or safety risk to DHHS personnel and patients in the least restrictive setting possible and report
back to the legislature are expected to be minor and can be absorbed within existing budgeted resources, Any
additional costs to the Department of Corrections for serving on the stakeholder group and reporting the results are
also expected to be minor and can be absorbed within existing budgeted resources,
LR2819(02) - Fiscal Note - Page 1 of 1