An Act to Continue Allowing the Department of Corrections to Accept Placement of Certain Defendants Found Incompetent to Stand Trial
Maine Legislature, Session 131, LD 2046
Committee Amendment CA_A_SA_A_S597 (Senate)
Amends: 34-A MRSA §3069-D

SENATE AMENDMENT" W' to 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 Found Incompetent to Stand Trial" 
Amend the amendment by inserting after the substitute title the following: 
'Amend the bill by striking out all of the emergency preamble.' 
Amend the amendment by striking out all of sections 1 and 2 and inserting the 
following: 
'Sec. 1. 34-A MRSA §3069-D is enacted to read: 
§3069-D. Placement of defendants found incompetent to stand trial 
1. Acceptance of placement. The commissioner may accept the placement of an adult 
defendant, referred to in this section as "the defendant," in a mental health unit of a 
correctional facility whom a court, after hearing, finds by clear and convincing evidence is 
incompetent to stand trial and whom the court commits to the custody of the Commissioner 
of Health and Human Services under Title 15, section 101-D, subsection 5 if, in addition 
to the findings required under Title 15, section 101-D, subsection 5, the court finds that: 
A. The defendant is at risk of causing serious harm by engaging in interpersonal 
violence that is not primarily driven by symptoms of a major mental illness or other 
disability; 
B. There is not sufficient security at a state mental health institute to address the 
likelihood of serious harm; and 
C. There is no other less restrictive alternative to placement in a mental health unit of 
a correctional facility. 
2. 
Treatment; transfer. 
The department shall provide services and treatment 
consistent with the requirements of Title 15, section 101-D, subsection 5 to a defendant 
accepted for treatment in a mental health unit of a correctional facility under subsection 1. 
The department may not transfer to another unit of a correctional facility a defendant 
accepted for treatment in a mental health unit of a correctional facility under subsection 1. 
3. 
Termination of placement. Termination of placement is governed by this 
subsection. 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT''/',-" to COMMITTEE AMENDMENT "A" to liP. 1308, L.D. 2046( S ·5Cfl) 
A. The commissioner may terminate the placement of a defendant accepted pursuant 
to this section if the commissioner determines that the likelihood of serious harm posed 
by the defendant has decreased or the security at a state mental health institute has 
increased or for any other reason. 
B. At any time after 90 days of placement in a mental health unit of a correctional 
facility, except not within 60 days of resolution of a prior petition under this paragraph, 
the defendant may petition the court for return to placement in a less restrictive setting 
on the grounds that the criteria for placement under subsection 1 no longer exist. If a 
petition is filed under this paragraph, the court shall hold a hearing and issue a decision 
maintaining or terminating the placement. 
4. Disclosure of information. With respect to a defendant who has previously been 
hospitalized under Title 34-B, chapter 3, subchapter 4, the commissioner may make it a 
prerequisite to accepting placement of the defendant under this section that necessary 
information be disclosed to the department pursuant to Title 34-B, section 1207, subsection 
1, paragraph B. 
5. Application of other laws. All other applicable provisions of law governing 
defendants found incompetent to stand trial apply to defendants accepted for placement 
under this section. 
6. Repeal. This section is repealed November 1, 2027.' 
Amend the amendment by inserting after section 4 the following: 
'Amend the bill by striking out all of the emergency clause.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes the emergency preamble and emergency clause from the bill. 
Because the Maine Revised Statutes, Title 34-A, section 3069-C is scheduled to be repealed 
on July 1, 2024, and this amendment will not take effect prior to July 1, 2024, this 
amendment enacts the provisions of Title 34-A, section 3069-C as Title 34-A, section 
3069-D but changes the repeal date to November 1, 2027. 
The amendment removes the provision added in Committee Amendment "A" that 
requires a court to terminate placement of a defendant in a mental health unit if the court 
finds by clear and convincing evidence that the placement of the defendant is not the least 
restrictive placement appropriate for the defendant. 
The amendment retains the provisions of the committee amendment regarding the 
stakeholder group and a reporting requirement. 
SPONSORED BY: 2.../ ZL dr-
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(Senator BEEBE-CENTER, A.) 
COUNTY: Knox 
SENATE AMENDMENT