An Act to Require the
Maine Legislature, Session 132, LD 1416
Committee Amendment CA_A_S550 (Senate)

COMMITTEE AMENDMENT " A " to S.P, 562, L.D, 1416, "An Act to Require the
Department of Health and Human Services to Immediately Take Custody of Persons
Sentenced to Mental Health Facilities That May Not Include County or Regional Jails"
Amend the bill by striking out the title and substituting the following:
'An Act to Establish a Commission to Study the Placement of Individuals Committed
by a Court to the Custody of the Department of Health and Human Services and to
Update a Cross-reference Regarding Such Placement'
Amend the bill by inserting after the title and before the enacting clause the following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation establishes a commission to study the placement of certain
individuals sentenced to mental health facilities; and
Whereas, this legislation must take effect before the expiration of the 90-day period
so that the commission may meet in a timely manner and make its report to the Legislature;
and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,'
Amend the bill by inserting after the enacting clause and before section 1 the following:
'PART A'
Amend the bill by striking out all of sections 1 and 2,
Amend the bill by inserting after section 3 the following:
"PART B
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " IA " to S.P. 562, L.D. 14161
Sec. B-l. Commission established. The Commission to Study the Placement of
Certain Individuals Committed to the Custody of the Commissioner of Health and Human
Seivices for Observation or upon a Finding of Incompetence to Stand Trial, referred to in
this Part as "the commission," is established.
Sec. B-2. Commission membership. Nohvithstanding Joint Rule 353, the
commission consists of 20 members as follows:
1. Two members of the Senate, including a member from each of the 2 parties holding
the largest number of seats in tlie Legislature, appointed by the President of the Senate;
2, Two members of the House of Representatives, including a member from each of
tlie 2 parties holding the largest number of seats in the Legislature, appointed by the
S peaker of the House of Representatives;
3. The Commissioner of Health and Human Services or the commissioner's designee;
4, The Superintendent of the Dorothea Dix Psychiatric Center or the superintendent's
designee;
5. The Superintendent of the Riverview Psychiatric Center or the superintendent's
designee;
6, The director of the State Forensic Service or the director's designee;
7. The Commissioner of Corrections or the commissioner's designee;
8, One member who is an attorney who represents individuals in criminal matters,
representing an association of defense attorneys in tlie State, appointed by the President of
the Senate;
9. One member who is an individual representing an organization ttiat advocates for
the rights of individuals with disabilities, appointed by the President of the Senate;
10. One member who is an individual representing an organization of county sheriffs,
appointed by the President of tlie Senate;
11. One member who is an individual representing an organization that advocates for
the interests of emergency services providers, appointed by the President of the Senate;
12. One member who is a district attorney representing an association of district
attorneys in the State, appointed by the President of the Senate;
13. One member who is a health care provider involved in the treatment of individuals
with severe mental illness, appointed by the Speaker of the House of Representatives;
14. Two members who are individuals with lived experience in the State's mental
health system, appointed by the Speaker of the House of Representatives;
15. One member who is an individual representing an organization that advocates for
the interests of hospitals in tlie State, appointed by the Speaker of the House of
Representatives;
16. One member who is an individual representing an organization that advocates for
the interests of homeless services providers, appointed by the Speaker of the House of
Representatives; and
COMMITTEE AMENDMENT
^^ COMMITTEE AMENDMENT "^ " to S.P, 562, L.D. 1416 ^,;
17. One member representing the judicial branch, appointed by the Chief Justice of
the Supreme Judicial Court.
Sec. B-3. Chairs. The first-named Senate member is the Senate chair and the first-
named House of Representatives member is the House chair of the commission.
See. B-4. Appointments; convening of commission. All appointments must be
made no later than 30 days following the effective date of this Part. The appointing
authorities shall notify the Executive Director of the Legislative Council once all
appointments have been completed. After appointment of all members, the chairs shall call
and convene the first meeting of the commission. If 30 days or more after the effective
date of this Part a majority of but not all appointments have been made, the chairs may
request authority and tlie Legislative Council may grant authority for the commission to
meet and conduct its business,
Sec. B-5. Duties. The commission shall study issues related to the appropriate and
timely placement of individuals who are committed to the custody of the Commissioner of
Health and Human Services pursuant to a commitment for observation order or an
incompetent to stand trial order issued under the Maine Revised Statutes, Title 15, section
101-D, subsection 4 or 5, The study must include;
1. A review of the current statutory requirements and the procedures for the placement
of individuals who are committed to the commissioner's custody pursuant to a commitment
for observation order or an incompetent to stand trial order, including a review of the
timeliness of placements;
2. A survey of existing placement options available within the State and identification
of gaps in settings;
3. Identification of barriers to timely, appropriate placement of individuals; and
4. A review of best practices in other jurisdictions,
The commission shall develop a plan for the appropriate and timely placement of
individuals who are committed to the commissioner's custody pursuant to a commitment
for observation order or an incompetent to stand trial order.
Sec. B-6. Staff assistance. The Legislative Council shall provide necessary staffing
services to the commission, except that Legislative Council staff support is not authorized
when tlie Legislature is in regular or special session.
See. B-7. Report. No later than November 4, 2026, the commission shall submit a
report that includes its findings and recommendations, including suggested legislation, to
the Joint Standing Committee on Health and Human Services. The joint standing
committee of the Legislature having jurisdiction over health and human services matters
may report out legislation related to the report of the commission to the 133rd Legislature
in 2027.'
Amend the bill by adding before the summary the following;
"Emergency clause. In view of the emergency cited m the preamble, this legislation
takes effect when approved."
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " 4-" to S.P, 562, L.D. 1416 (.$>'<$$b'
SUMMARY
This amendment strikes the provisions in the bill tliat require that when a court commits
a defendant to the Commissioner of Health and Human Services for placement in an
appropriate mental health institution, that placement must be immediate and may not be in
a county or regional jail,
The amendment establishes tlie Commission to Study the Placement of Certain
Individuals Committed to tlie Custody of the Commissioner of Health and Human Services
for Observation or upon a Finding of Incompetence to Stand Trial. The commission is
directed to study and develop a plan for the appropriate and timely placement of individuals
who are cominitted to the custody of the Commissioner of Health and Human Services
pursuant to a commitment for observation order or an incompetent to stand trial order. The
commission must submit a report by November 4, 2026 to the Joint Standing Committee
on Health and Human Services, The joint standing committee of the Legislature having
jurisdiction over health and human services matters may report out legislation related to
the report to the 133rd Legislature in 2027.
The amendment also adds an emergency preamble and emergency clause,
FISCAL NOTE REQUmED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/03/26 i-Kt-
LD 1416 LR 2388(02)
An Act to Require the Department of Health and Human Services to Immediately Take Custody of
Persons Sentenced to Mental Health Facilities That May Not Include County or Regional Jails
Fiscal Note for Bill as Amended by Committee Amendment "/|"/' ^,<
Committee: Health and Human Services
Fiscal Note Required: Yes
Fiscal Note
Legislative Cost/Study
Legislative Cost/Study
The general operatmg expenses of this study are projected to be $l,400'iti fiscal year 2025-26 and $1,650 in fiscal
year 2026-27. The Legislature's budget for the 2026-2027 bieimium includes $7,253 in fiscal year 2025-26 and
$17,696 in fiscal year 2026-27 for the costs of legislative studies, as well as $41,338 of balances earned over from
. prior fiscal years for this purpose. Whether these amounts are sufficient to fund all studies will depend on the number
of studies authorized by the Legislative Council and the Legislature. The additional costs of providing staffing
assistance to the study during the interim can be absorbed utilizing existing budgeted staff resources.
Fiscal Detail and Notes
Any additional costs to the designated departments and agencies to participate in the work of the Commission are
assumed to be minor and can be absorbed within existing budgeted resources.
LR23 88(02) • Fiscal Note - Page 1 of 1