LD 1177
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LD 1177 Title Page PUBLIC Law Chapter 464 Page 2 of 2
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LR 457
Item 1

 
CHAPTER 464

 
S.P. 405 - L.D. 1177

 
An Act To Limit the Early Release of Persons Convicted

 
of Certain Crimes

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §104-A, sub-§1, as amended by PL 2005, c. 263, §2, is
further amended to read:

 
1. Release and discharge. The term "release," as used in
this section, means termination of institutional in-patient
inpatient residency and return to permanent residency in the
community. The head of the institution in which a person is
placed, under section 103, shall, annually, forward to the
Commissioner of Health and Human Services a report containing the
opinion of a staff psychiatrist as to the mental conditions of
that person, stating specifically whether the person may be
released or discharged without likelihood that the person will
cause injury to that person or to others due to mental disease or
mental defect. The report must also contain a brief statement of
the reasons for the opinion. If a person who has been found not
criminally responsible by reason of insanity for the crime of
murder or a Class A crime and was committed under section 103 is
the subject of a report finding that the person may be released,
the report must specifically describe the supervision the
Department of Health and Human Services will provide and must
specifically include measures the department will take to provide
psychoactive medication monitoring. The commissioner shall
immediately file the report in the Superior Court for the county
in which the person is committed. The court shall review each
report and, if it is made to appear by the report that any person


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