‘Resolve, To Establish the Blue Ribbon Commission on Community Safety’

‘Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the purpose of the Blue Ribbon Commission on Community Safety is to explore appropriate methods to identify individuals who pose a significant risk of serious bodily injury or death to themselves or to other persons and to intervene to diminish the risk without unnecessarily infringing on the civil liberties of those identified individuals; and

Whereas,  the study must be initiated before the 90-day period expires to allow the study to be completed and a report submitted in time for submission to the next legislative session; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Commission established. Resolved: That the Blue Ribbon Commission on Community Safety, referred to in this resolve as "the commission," is established; and be it further

Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule 353, the commission consists of 10 members as follows:

1. Two members of the Senate appointed by the President of the Senate, including members from each of the 2 parties holding the largest number of seats in the Legislature;

2. Two members of the House of Representatives appointed by the Speaker of the House, including members from each of the 2 parties holding the largest number of seats in the Legislature;

3. The Attorney General or the Attorney General's designee;

4. The Commissioner of Public Safety or the commissioner's designee;

5. A representative of law enforcement, appointed by the President of the Senate;

6. A forensic psychiatrist or a psychiatrist with experience treating patients who have been involved in the criminal justice system, appointed by the President of the Senate;

7. An attorney with expertise in constitutional law and the rights of patients voluntarily and involuntarily committed to psychiatric hospitals or residential care facilities, appointed by the Speaker of the House; and

8. A representative of Disability Rights Maine to represent mental health consumers, appointed by the Speaker of the House; and be it further

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission; and be it further

Sec. 4. Appointments; convening of commission. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The President of the Senate and the Speaker of the House shall notify the Executive Director of the Legislative Council once all appointments have been completed. When the appointment of all members has been completed, the chairs shall call and convene the first meeting of the commission. If 30 days or more after the effective date of this resolve a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the commission to meet and conduct its business; and be it further

Sec. 5. Duties. Resolved: That the commission shall make recommendations to help identify individuals who pose a significant risk of serious bodily injury or death to themselves or other persons, referred to in this resolve as "individuals who pose a risk to public safety," and to intervene to diminish the risk without unnecessarily infringing upon the civil liberties of those individuals. In making those recommendations, the commission shall:

1. Gather information concerning existing policies and procedures in the State for the identification and treatment of individuals who pose a risk to public safety and existing legal procedures for government intervention to diminish the risk, including information regarding whether existing policies and procedures can be used more effectively; and

2. Identify and evaluate the merits of alternative approaches for the identification and treatment of individuals who pose a risk to public safety as well as alternative policies and legal procedures that can be implemented to alleviate the risk without unnecessarily infringing upon the civil liberties of those individuals, including but not limited to:

Sec. 6. Staff assistance. Resolved: That, notwithstanding Joint Rule 353, the Legislative Council shall provide necessary staffing services to the commission; and be it further

Sec. 7. Authorized meetings. Resolved: That the commission may hold no more than 6 meetings; and be it further

Sec. 8. Report. Resolved: That the commission shall submit a report no later than November 7, 2018 that includes its findings and recommendations, including suggested legislation, to the joint standing committee of the Legislature having jurisdiction over judiciary matters. The joint standing committee of the Legislature having jurisdiction over judiciary matters is authorized to introduce legislation to the First Regular Session of the 129th Legislature related to the subject matter of the report.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’