CHAPTER 458
S.P. 331 - L.D. 1099
An Act Regarding the Care and Treatment of Persons with Mental Illness Who Are Incarcerated
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; 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, 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 enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1258, as enacted by PL 1983, c. 673, §6, is amended to read:
§1258. Notification of commitments to the Department of Corrections
At the time of sentencing, the sheriff shall notify the Commissioner of Corrections or the commissioner's designee that a person has been committed to the Department of Corrections and shall inquire as to the correctional facility to which the sentenced person shall must be delivered by the sheriff or his the sheriff's deputies. The commissioner shall have or the commissioner's designee has complete discretion to determine the initial place of confinement. In making this determination, the commissioner or the commissioner's designee shall review all relevant information, including any available mental health information. The commissioner or the commissioner's designee shall immediately inform the sheriff and the court of the location of the correctional facility to which the sentenced person shall must be transported.
Sec. 2. 30-A MRSA §1656, sub-§5 is enacted to read:
5. Review of information prior to transfer. If a prisoner is transferred to the Department of Corrections, the Commissioner of Corrections or the commissioner's designee shall review all relevant information, including any available mental health information, prior to determining the prisoner's initial place of confinement.
Sec. 3. 34-A MRSA §1214 is enacted to read:
All adult correctional facilities and juvenile facilities operated by the department must be accredited by a nationally recognized correctional accrediting body by January 1, 2005 and must maintain accreditation thereafter.
Sec. 4. 34-A MRSA §3031, sub-§2, as amended by PL 1999, c. 583, §8, is further amended by amending the first paragraph to read:
2. Medical care. Adequate professional medical care and adequate professional mental health care, which does do not include medical treatment or mental health treatment requested by the client that the facility's treating physician or treating psychiatrist or psychologist determines unnecessary. The commissioner may establish medical and dental fees not to exceed $5 for the medical and dental services that are provided pursuant to this subsection and a fee not to exceed $5 for prescriptions, medication or prosthetic devices. Except as provided in paragraph A, every client may be charged a medical or dental services fee for each medical or dental visit, prescription, medication or prosthetic device. The facility shall collect the fee. All money received by the department under this subsection is retained by the facility to offset the cost of medical and dental services, prescriptions, medication and prosthetic devices.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 28, 2001.
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