An Act To Amend the Department of Health and Human Services' Progressive Treatment Program
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.
Sec. 2. 34-B MRSA §3873, sub-§3, as enacted by PL 2005, c. 519, Pt. BBBB, §14 and affected by §20, is amended to read:
Sec. 3. 34-B MRSA §3873, sub-§3-A is enacted to read:
(1) The certificate completed under paragraph B;
(2) An application for an extension of participation; and
(3) A written statement certifying that a copy of the application and certificate under paragraph B have been given personally to the person and that the person has been notified of the right to retain an attorney or to have an attorney appointed.
(1) The assertive community treatment team shall give notice personally to the person, including a copy of the certificate completed under paragraph B; and
(2) The person must be afforded an opportunity to be represented by counsel, and if neither the person nor others provide counsel, the court shall appoint counsel for the person.
(1) Provide notice in accordance with section 3864, subsection 3;
(2) Provide notice to the person of the right to counsel, including the right to court-appointed counsel, and if neither the person nor others have provided counsel, the court shall appoint counsel for the person;
(3) Provide notice to the person of the right to select an examiner for the mental health examination under subparagraph (4);
(4) Provide a mental health examination by 2 examiners, each of whom must be a licensed physician or a licensed clinical psychologist, in accordance with section 3864, subsection 4, paragraph A, subparagraph 2-A;
(5) Hold a hearing in accordance with section 3864, subsection 5, paragraphs A, C, G and H;
(6) Make a determination of whether the person is eligible for an extension of participation and whether an extension of participation is in the best interest of the person, based on findings stated in the record; and
(7) If the District Court finds that the person is eligible for an extension of participation and that an extension of participation is in the best interest of the person, the District Court shall enter an order extending participation for 6 months. If the District Court finds that the person is not eligible for an extension of participation or that an extension of participation is not in the best interest of the person, the District Court shall dismiss the application.
Sec. 4. 34-B MRSA §3873, sub-§4, as enacted by PL 2005, c. 519, Pt. BBBB, §14 and affected by §20, is amended to read:
Sec. 5. Report. By January 1, 2010 the Department of Health and Human Services shall provide a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the following:
1. The needs of persons who are eligible to participate in the progressive treatment program under the Maine Revised Statutes, Title 34-B, section 3873, the needs of persons who are participating in the progressive treatment program and the resources available to meet those needs;
2. The costs of community-based care and hospitalization in community hospitals and state mental health institutes for persons who would be eligible to participate in the progressive treatment program; and
3. An analysis of implementation of the progressive treatment program for persons who were hospitalized at the state mental health institutes, including measurable outcomes.