JOINT STUDY ORDER ESTABLISHING THE COMMITTEE TO STUDY THE NEEDS OF PERSONS WITH MENTAL ILLNESS WHO ARE INCARCERATED
WHEREAS, the joint study order establishes the Committee to Study the Needs of Persons with Mental Illness Who Are Incarcerated; and
WHEREAS, persons with mental illness who are incarcerated in the county jails and state prisons need proper care and treatment that is safe and humane; and
WHEREAS, corrections officers and others in the jails and prisons who are responsible for persons with mental illness who are in their custody require proper training to care for these inmates; and
WHEREAS, the current corrections system does not provide adequate care for incarcerated persons with mental illness, nor does it provide those responsible for the care with the tools and training necessary to provide care; and
WHEREAS, the Legislature would benefit from a study of the needs of persons with mental illness who are incarcerated in Maine; now, therefore, be it
ORDERED, the Senate concurring, that the Committee to Study the Needs of Persons with Mental Illness Who Are Incarcerated is established as follows.
1. Committee established. The Committee to Study the Needs of Persons with Mental Illness Who Are Incarcerated, referred to in this order as the "committee," is established.
2. Committee membership. The committee consists of the 13 members of the Joint Standing Committee on Criminal Justice.
3. Chairs. The Senate chair and the House chair of the Joint Standing Committee on Criminal Justice shall serve as the chairs of the committee.
4. Meetings; public hearings. The chairs of the committee shall call and convene the first meeting of the committee no later than 45 days after passage of this order. The committee may hold up to 6 meetings, 3 of which may be public hearings held in locations throughout the State.
5. Duties. The committee shall invite the participation of experts and interested parties, gather information and request necessary data from public and private entities in order to:
A. Evaluate the availability and appropriateness of current mental health services for persons incarcerated in Department of Corrections facilities and in county jails, including but not limited to: access to forensic beds for prisoners in need of that level of mental health intervention; the provision of mental health services within the institutions provided by or in partnership with the Department of Mental Health, Mental Retardation and Substance Abuse Services; and involuntary medication of prisoners with mental illness;
B. Identify what additional mental health services are needed for incarcerated persons and how those services may best be implemented, provided and funded;
C. Identify what mental health training is required for law enforcement and corrections officers who work in corrections facilities and jails and how that training may best be implemented, provided and funded; and
D. Identify steps necessary for county jails to seek and achieve accreditation.
The experts and interested parties with whom the committee may consult include but are not limited to the following: representatives from the Department of Corrections and the Department of Mental Health, Mental Retardation and Substance Abuse Services; representatives from state, county and municipal law enforcement; persons with mental illness who were formerly incarcerated in a Department of Corrections facility or a county jail; parents or guardians of persons with mental illness who are or were formerly incarcerated in a Department of Corrections facility or a county jail; representatives from advocacy groups for persons with mental illness; and representatives from community mental health agencies. The committee also may consult with other interested parties who may provide additional information.
6. Staff assistance. Upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide necessary staffing services to the committee.
7. Compensation. The members of the committee are entitled to the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for necessary expenses incurred for their attendance at authorized meetings of the committee.
8. Report. The committee shall submit its report, together with any necessary implementing legislation, to the Legislature no later than December 5, 2001. If the committee requires a limited extension of time to conclude its work, it may apply to the Legislative Council, which may grant the extension.
9. Budget. The chairs of the committee, with assistance from the committee staff, shall administer the committee's budget. Within 10 days after its first meeting, the committee shall present a work plan and proposed budget to the Legislative Council for approval. The committee may not incur expenses that would result in the committee's exceeding its approved budget. Upon request from the committee, the Executive Director of the Legislative Council shall promptly provide the committee chairs and staff with a status report on the committee's budget, expenditures incurred and paid and available funds.
Passed by the House of Representatives June 20, 2001 and the Senate June 21, 2001.
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