‘Sec. 1. 34-B MRSA §3873, sub-§2, ¶B, as enacted by PL 2005, c. 519, Pt. BBBB, §14 and affected by §20, is amended to read:
(1) Be 21 18 years of age or older;
(2) Have been clinically determined to be suffering from a severe and persistent mental illness;
(3) Have been under an order of involuntary commitment to a state mental health institute at the time of filing of the application for progressive treatment; and
(4) Have been clinically determined to be in need of the progressive treatment program in order to prevent interruptions in treatment, relapse and deterioration of mental health and to enable the person to survive safely in a community setting in the reasonably foreseeable future without posing a likelihood of serious harm as defined in section 3801, subsection 4, paragraph D. A determination under this subparagraph must be based on current behavior, treatment history, documented history of positive responses to treatment while hospitalized, relapse and deterioration of mental health after discharge and inability to make informed decisions regarding treatment.