Bill > LD1416

This bill amends Maine state law to require the Department of Health and Human Services to immediately place defendants committed to mental health treatment in appropriate facilities, explicitly prohibiting the use of county or regional jails as placement locations. The bill modifies existing statutes to mandate that when a court commits a defendant for mental health observation or treatment, the placement must be immediate and in an appropriate institution or residential program, which now explicitly cannot include county or regional jails. The legislation clarifies that appropriate placements include institutions for mental illness treatment, intermediate care facilities for individuals with intellectual disabilities or autism, crisis stabilization units, nursing homes, residential care facilities, assisted living facilities, hospitals, and intensive outpatient treatment programs. If a defendant presents a substantial risk of causing bodily injury during observation that cannot be managed in these settings, the Commissioner of Health and Human Services may return the defendant to a state correctional facility, but still not to a county or regional jail. The bill also requires that transfer to an appropriate facility must occur within 30 days of the court's order, with provisions for reporting any extraordinary circumstances that might cause a delay in placement.

Health and Social Services

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1416&snum=132