An Act To Repeal Provisions of the Law That Apply or Refer to State Facilities for Persons with Intellectual Disabilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §152, sub-§4, as amended by PL 2011, c. 542, Pt. A, §1 and c. 614, §1, is repealed and the following enacted in its place:
Sec. 2. 15 MRSA §101-D, sub-§5, ¶A, as amended by PL 2011, c. 542, Pt. A, §9, is further amended to read:
A. Commit the defendant to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution for the care and treatment of people with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism for observation, care and treatment. At the end of 30 days or sooner, and again in the event of recommitment, at the end of 60 days and one year, the State Forensic Service or other appropriate office of the Department of Health and Human Services shall forward a report to the Commissioner of Health and Human Services relative to the defendant's competence to stand trial and its reasons. The Commissioner of Health and Human Services shall without delay file the report with the court having jurisdiction of the case. The court shall without delay set a date for and hold a hearing on the question of the defendant's competence to stand trial and receive all relevant testimony bearing on the question. If the court determines that the defendant is not competent to stand trial, but there does exist a substantial probability that the defendant will be competent to stand trial in the foreseeable future, the court shall recommit the defendant to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution for the care and treatment of people with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism for observation, care and treatment. When a person who has been evaluated on behalf of the court by the State Forensic Service or other appropriate office of the Department of Health and Human Services is committed into the custody of the Commissioner of Health and Human Services under this paragraph, the court shall order that the State Forensic Service or other appropriate office of the Department of Health and Human Services share any information that it has collected or generated with respect to the person with the institution or residential program in which the person is placed. If the defendant is charged with an offense under Title 17-A, chapter 9, 11 or 13 or Title 17-A, section 506-A, 802 or 803-A and the court determines that the defendant is not competent to stand trial and there does not exist a substantial probability that the defendant can be competent in the foreseeable future, the court shall dismiss all charges against the defendant and, unless the defendant is subject to an undischarged term of imprisonment, order the Commissioner of Health and Human Services to commence involuntary commitment proceedings pursuant to Title 34-B, chapter 3, subchapter 4 or chapter 5, subchapter 3. If the defendant is charged with offenses not listed in the previous sentence an offense other than an offense under Title 17-A, chapter 9, 11 or 13 or Title 17-A, section 506-A, 802 or 803-A and the court determines that the defendant is not competent to stand trial and there does not exist a substantial probability that the defendant can be competent in the foreseeable future, the court shall dismiss all charges against the defendant and, unless the defendant is subject to an undischarged term of imprisonment, notify the appropriate authorities who may institute civil commitment proceedings for the individual. If the defendant is subject to an undischarged term of imprisonment, the court shall order the defendant into execution of that sentence and the correctional facility to which the defendant must be transported shall execute the court's order; or
Sec. 3. 34-B MRSA §5461, sub-§5, as amended by PL 2011, c. 542, Pt. A, §104, is repealed.
Sec. 4. 34-B MRSA §5461, sub-§7-A, as amended by PL 2011, c. 542, Pt. A, §105, is repealed.
Sec. 5. 34-B MRSA §5461, sub-§8, as amended by PL 2011, c. 542, Pt. A, §106, is repealed.
Sec. 6. 34-B MRSA §5462, sub-§1, ¶B, as amended by PL 2011, c. 542, Pt. A, §108, is further amended to read:
B. The development of a personal plan or service plan for the delivery and coordination of services to the person through a personal planning process; and
Sec. 7. 34-B MRSA §5462, sub-§1, ¶C, as amended by PL 2011, c. 542, Pt. A, §108, is repealed.
Sec. 8. 34-B MRSA §5465, sub-§2, ¶¶C and D, as enacted by PL 1983, c. 459, §7, are amended to read:
C. The rights of clients while at a facility or while in departmental programs; and
D. The rights and procedures for administrative review if there is dissatisfaction with any step of the process of receiving services specified in this Article or if there is any grievance arising during the course of voluntary admission to or treatment in any facility, including provisions for the development of regional committees to review any grievance or dissatisfaction.
Sec. 9. 34-B MRSA §5466, sub-§1, as amended by PL 1983, c. 580, §16, is further amended to read:
Sec. 10. 34-B MRSA §5467, sub-§2, ¶D, as amended by PL 2011, c. 542, Pt. A, §110, is further amended to read:
D. Ensure the client's access to an advocate throughout the process of adult developmental services under sections 5467 to 5474 5471;
Sec. 11. 34-B MRSA §5471, sub-§2, ¶D, as amended by PL 2003, c. 389, §15, is further amended to read:
D. The individual support coordinator of the planning team that developed the personal plan or service plan for the client; and
Sec. 12. 34-B MRSA §5471, sub-§2, ¶E, as amended by PL 1995, c. 560, Pt. K, §58, is repealed.
Sec. 13. 34-B MRSA §5471, sub-§2, ¶F, as amended by PL 2003, c. 389, §15, is repealed.
Sec. 14. 34-B MRSA §5471, sub-§3, ¶A, as amended by PL 2003, c. 389, §15, is further amended to read:
A. It must specify the respective responsibilities, where applicable, of the client, the family or guardian of the client, the regional office , the facility and each public and private agency that intends to provide services to the client.
Sec. 15. 34-B MRSA §5471, sub-§4, ¶A, as amended by PL 2003, c. 389, §15, is further amended to read:
A. No part of a service plan or personal plan may be implemented until each person required to sign the service agreement under subsection 2 has signed it , except that if a client is to be admitted to a facility, the service agreement need not be completed until 5 days after the date of admission.
Sec. 16. 34-B MRSA §5472, as enacted by PL 1983, c. 459, §7, is repealed.
Sec. 17. 34-B MRSA §5473, as amended by PL 2003, c. 389, §§16 and 17, is repealed.
Sec. 18. 34-B MRSA §5474, amended by PL 2011, c. 542, Pt. A, §115, is repealed.
Sec. 19. 34-B MRSA §5475, as amended by PL 2011, c. 542, Pt. A, §116, is repealed.
Sec. 20. 34-B MRSA §5476, as amended by PL 2011, c. 542, Pt. A, §117, is repealed.
Sec. 21. 34-B MRSA §5477, as amended by PL 2011, c. 542, Pt. A, §§118 and 119, is repealed.
Sec. 22. 34-B MRSA §5478, as amended by PL 2011, c. 542, Pt. A, §120, is repealed.
Sec. 23. 34-B MRSA §5479, as amended by PL 2003, c. 389, §21, is repealed.
Sec. 24. 34-B MRSA §5480, as amended by PL 2003, c. 389, §22, is repealed.
summary
This bill repeals the provisions of law that apply or refer to state-run facilities for persons with intellectual disabilities, including laws that allow for voluntary admission, involuntary admission and judicial commitment of persons with intellectual disabilities to state-run facilities. The State closed the last of its facilities for persons with intellectual disabilities in response to the 1994 community consent decree, Consumer Advisory Board et al. v. Glover, 989 F.2d 65, 68 (1st Cir. 1993).