LD 1091
pg. 3
Page 2 of 7 An Act To Amend the Not Guilty by Reason of Insanity Verdict Page 4 of 7
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LR 775
Item 1

 
before further change. This petition must be forwarded to the
court no later than 60 days prior to the beginning of the
modified treatment program. If the court considers that the
individual being off the grounds, as described in the treatment
plan, is inappropriate, it shall notify the hospital that the
plan is not approved and shall schedule a hearing on the matter.
The clerk of courts upon receipt of the proposed treatment
program shall give notice of the receipt of this program by
mailing a copy to the office of the district attorney that
prosecuted the criminal charges of which the person was
acquitted by reason of insanity found to be guilty but insane,
the offices of the district attorneys in whose district the
release petition was filed or in whose district release may
occur and the Attorney General who may file objections and
request a hearing on the matter. Representatives of the
Attorney General and the office that prosecuted the person may
appear at any hearing on the matter. At the hearing, the court
shall receive the testimony of a member of the State Forensic
Service who has examined the person, any independent
psychiatrist or licensed clinical psychologist who is employed
by the prosecuter prosecutor and has examined the person and any
other relevant testimony. If the court does not respond within
60 days to the proposed treatment plan and no objections and
request for hearing are filed by the district attorney or
Attorney General, it may then be put into effect by the
administrator of the hospital on the assumption that the court
approved the treatment plan. The Commissioner of Behavioral and
Developmental Services shall inform the public safety officer of
the municipality or the sheriff's office of the county in which
the person will spend any unsupervised time under the release
treatment program of that program.

 
Sec. 4. 15 MRSA §104-A, sub-§6, as amended by PL 1985, c. 796, §4,
is further amended to read:

 
6. Involuntary hospitalization; notice; appointed counsel.
Any person released under subsection 1, paragraph A, may be
admitted to a hospital under any provision of Title 34-B,
chapter 3, subchapter IV 4, Article 3, while the order for
release is in effect.

 
Notice of any hearing under subsection 1, 2, 3 or 5 shall must
be given to the offices of the district attorney which that
prosecuted the criminal charges against the person for which
the person was acquitted by reason of insanity found guilty
but insane, the offices of the district attorneys in whose
district the release petition was filed or in whose district
release may occur and Attorney General at least 7 days before
the hearing date. Notice of any hearing under subsection 4
shall must be given to the office of the district attorney and
Attorney General as soon as possible before the hearing date.


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