An Act to Update the Procedures for Issuance of Orders Related to Involuntary Hospitalizations
Maine Legislature, Session 131, LD 0459
Committee: Judiciary
Sponsors: KEIM
Amends: 34-B MRSA §3863

Legislative Document
No. 459
S.P. 213
In Senate, February 6, 2023
An Act to Update the Procedures for Issuance of Orders Related to 
Involuntary Hospitalizations
Submitted by the Judicial Department pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-B MRSA §3863, sub-§3, as amended by PL 2015, c. 309, §3, is further 
amended to read:
3.  Judicial review.  The application and accompanying certificate must be reviewed 
by a Justice of the Superior Court, Judge of the District Court, Judge of Probate or a justice 
of the peace, who may review the original application and accompanying certificate or a 
an electronic or facsimile transmission of them.
A.  If the judge or justice finds the application and accompanying certificate to be 
regular and in accordance with the law, the judge or justice shall endorse them and 
promptly send them to the admitting psychiatric hospital.  For purposes of carrying out 
the provisions of this section, an endorsement transmitted electronically or by facsimile 
machine has the same legal effect and validity as the original endorsement signed by 
the judge or justice.
B.  A person may not be held against the person's will in a hospital under this section, 
except that a person for whom an examiner has executed the certificate under 
subsection 2 may be detained in a hospital for a reasonable period of time, not to exceed 
hours, pending endorsement by a judge or justice, if:
(1)  For a person informally admitted under section 3831, the chief administrative 
officer of the psychiatric hospital undertakes to secure the endorsement 
immediately upon execution of the certificate by the examiner; and
(2)  For a person sought to be involuntarily admitted under this section, the person 
or persons seeking the involuntary admission undertake to secure the endorsement 
immediately upon execution of the certificate by the examiner.
C.  Notwithstanding paragraph B, subparagraphs (1) and (2), a person sought to be 
admitted informally under section 3831 or involuntarily under this section may be 
transported to a psychiatric hospital and held there for evaluation and treatment 
pending judicial endorsement of the application and certificate if the endorsement is 
obtained between the soonest available hours of 7:00 a.m. and 11:00 p.m.
D.  A person who has been held against that person's will for no more than 24 hours 
pursuant to paragraph B may be held for a reasonable additional period of time, not to 
exceed 48 hours, if:
(1)  The hospital has had an evaluation of the person conducted by an appropriately 
designated individual and that evaluation concludes that the person poses a 
likelihood of serious harm due to mental illness;
(2)  The hospital, after undertaking its best efforts, has been unable to locate an 
available inpatient bed at a psychiatric hospital or other appropriate alternative; 
and
(3)  The hospital has notified the department of the name of the person, the location 
of the person, the name of the appropriately designated individual who conducted 
the evaluation pursuant to subparagraph (1) and the time the person first presented 
to the hospital.
E.  If a person remains in a hospital for the full 48 hours allowed under paragraph D, 
the person may be held for one additional 48-hour period, if:
(1)  The hospital satisfies again the requirements of paragraph D; and
(2)  The department provides its best efforts to find an inpatient bed at a psychiatric 
hospital or other appropriate alternative.
SUMMARY
This bill authorizes the use of an electronic copy of the documents associated with 
requesting or issuing an order for involuntary commitment.