Sec. 3. 30-A MRSA §1559, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read:

2. Limitations on administration of medication. The sheriff or the sheriff's delegate may not administer any prescription or nonprescription medication to any prisoner who has been incarcerated in the county jail for less than 24 hours, unless the sheriff or the delegate has consulted with and received permission to administer that medication from a licensed physician. The sheriff or the sheriff's delegate shall ensure that a prisoner who has received medication is assessed by medical or psychiatric staff, licensed to prescribe medication, within 72 hours of admission.

Sec. 4. 30-A MRSA §1561-A is enacted to read:

§1561-A.__Psychiatric care and expenses

1.__Right to treatment.__A person incarcerated in a county jail has the right to adequate psychiatric care, which includes care for a serious psychiatric disorders, as defined in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

2.__Mental health examination.__Every prisoner must be examined for a mental health condition immediately upon admission, including an assessment of whether the prisoner is suicidal.__The sheriff may require an additional mental health examination at any time.__A family member or other concerned person may petition the sheriff regarding the need for a mental health examination of a prisoner and the sheriff shall respond to that petition within 5 business days.

3.__Treatment.__Treatment for serious psychiatric disorders as described in subsection 1 must include:

A.__Access to the most effective and appropriate medication recommended by the treating psychiatrist;

B.__Informed consent for medication;

C.__Psychiatric or psychological individual contact as clinically indicated;

D.__Monitoring of medication compliance and required laboratory testing;

E.__Medication education for the prisoner;

F.__Retention of counseling and programming by community providers; and

G.__Access to adequate out-of-cell time and outdoor recreation.__Unless clinically contraindicated, prisoners with mental illnesses must be provided with out-of-cell time equal to that of prisoners of the same security level without mental illnesses.

4.__Least restrictive setting.__All psychiatric treatment must be provided in the least restrictive setting possible.__In no case may a prisoner be placed in isolation when that placement is because the person is experiencing symptoms of a mental illness unless psychiatric treatment is also provided.__For the purposes of this subsection, "psychiatric treatment" means medication management, individual counseling and development and implementation of a treatment plan.__When the symptoms that led to the isolation have remitted, the prisoner must be returned to the prisoner's original placement within 48 hours of the remission.

5.__Expenses.__A prisoner may not be charged a fee for psychiatric services and treatment provided while incarcerated.

Sec. 5. 30-A MRSA §1601, first ¶, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read:

The county commissioners may authorize the employment of prisoners committed for crime, for the benefit of the county or of their dependent families, in some suitable manner not inconsistent with their security and the discipline of the prison. The commissioners may pay the proceeds of that labor, less a reasonable sum to be deducted for the cost of maintenance of those prisoners, to the dependent families of the prisoners. The sheriff shall provide for the employment of a prisoner committed to the county jail in order to teach that inmate a useful trade or profession and to improve the prisoner's mental condition.__Employment may include work for public restitution purposes.

Sec. 6. 30-A MRSA §1607 is enacted to read:

§1607. Family support

1. Child support.__If a prisoner has dependent children, the prisoner may not participate in a work program under section 1605 or any other program administered by the sheriff by which a

prisoner is able to generate money unless the prisoner consents to pay at least 25% of that money for the support of that prisoner's dependent child if the other parent, legal guardian or legal custodian of that prisoner's dependent child requests that payment.__Upon the written request of a parent, legal guardian or legal custodian, the sheriff of the county jail where the prisoner is incarcerated shall collect and disburse to the other parent, legal guardian or legal custodian that portion of the prisoner's money to be paid for the support of that prisoner's dependent child.__This subsection does not apply to any prisoner making payments for the support of a dependent child pursuant to a support order issued by a court or by the Department of Human Services.

2.__Support services.__Prisoners and their families must be permitted to join family support services such as those offered by national and statewide organizations designed to help maintain and support continued relationships with family__members unless such participation would jeopardize the security of the jail.__ For the purposes of this subsection, "family" means kin related by blood or individuals that serve in the role of kin.

Sec. 7. 30-A MRSA §1651-A is enacted to read:

§1651-A.__Accreditation of jails

County jails must be accredited by a nationally recognized accreditation body with standards for the delivery of mental health services to jail prisoners by January 1, 2005 and annually thereafter.

Sec. 8. 30-A MRSA §1658-A is enacted to read:

§1658-A.__Procedures for prisoners with mental illness

1.__Prisoner list.__The sheriff shall maintain a list of all prisoners receiving mental health treatment.__A prisoner assessed to have a serious psychiatric disorder as defined in section 1561 and who is receiving treatment for that disorder must be included on the list.

2.__Services of mental health staff.__The prisoners on the mental health treatment list must have the involvement of a mental health professional whenever use-of-force situations or disciplinary charges arise.

3.__Disciplinary hearings.__The sheriff, jail administrator or designee shall give the person in charge of mental health services in the jail the names of all prisoners with pending charges of misconduct before any hearing takes place.__The

person in charge of mental health services in the jail shall provide any relevant information regarding the relation of the prisoner's mental disorder to the pending charge to the sheriff, jail administrator or designee who shall decide whether or not to request a psychiatric or psychological evaluation to be considered when deciding what punishment to impose on the prisoner.__The sheriff, jail administrator or designee may refer a prisoner for appropriate mental health care and treatment.

4.__Mental health status.__In the event that a prisoner is confined in disciplinary segregation and suffers a deterioration in mental health status as determined by the person in charge of mental health services at the jail, that person shall refer the matter to the sheriff, jail administrator or designee.__If continued confinement is determined to be harmful to the prisoner's mental health, the prisoner must be released to a treatment cell in the jail.

Sec. 9. 34-A MRSA §1205, sub-§1, as enacted by PL 1983, c. 459, §6, is amended to read:

1. Purpose. The purpose of this section is to provide the means and procedure for the development, expansion and improvement of correctional programs throughout the State and to encourage participation in correctional programs by persons, unincorporated associations, charitable nonstock corporations, local and county governmental units and state agencies. In accordance with this purpose all adult correctional facilities and juvenile facilities operated by the State must be accredited by a nationally recognized correctional accrediting body by January 1, 2005 and annually thereafter.

Sec. 10. 34-A MRSA §1208, as enacted by PL 1983, c. 581, §§10 and 59, is amended by inserting at the end a new paragraph to read:

The standards established must comply with those required by a nationally recognized correctional accrediting body.__Each county and municipal detention facility must be fully accredited by a nationally recognized correctional accrediting body by January 1, 2005 and annually thereafter.

Sec. 11. 34-A MRSA §3002, as amended by PL 1989, c. 503, Pt. B, §159, is further amended to read:

§3002. Boards of visitors

1. Appointment. The Governor shall appoint a board of 5 visitors for each correctional facility under the department, as authorized by Title 5, section 12004-I, subsection 5. The boards

of visitors must be representative of a broad range of professionals, family members and citizens interested in the well-being of prisoners, including representatives of advocacy groups for human and civil rights, representatives of advocacy groups for persons with disabilities, medical and psychiatric professionals, persons who have served in corrections settings in educational, vocational or rehabilitative capacities and other interested citizens.

A. The terms of the members of the boards of visitors are for one year.

B. Members of the boards of visitors are eligible for reappointment at the expiration of their terms.

C. No member of the Legislature may serve on any board of visitors.

D. Each member of the boards of visitors shall be is compensated according to the provisions of Title 5, chapter 379.

2. Powers. Each board of visitors may shall name one member to participate in the correctional facility's review of policy development and implementation who shall attend meetings.__Each board of visitors annually shall inspect the correctional facility to which it is assigned and may make recommendations on the management of the facility to the commissioner.

3. Duties. Boards of visitors have the following duties.

A. Boards of visitors shall annually send copies of all recommendations to the members of the joint standing committee of the Legislature having jurisdiction over health and institutional services corrections matters.

B. Each board of visitors shall appear before the joint standing committee of the Legislature having jurisdiction over health and institutional services corrections matters upon request and may appear at such time as the board of visitors determines appropriate to report recommendations in a public hearing.

C.__Each board of visitors may participate in the review and implementation of policy of the correctional facility.

Sec. 12. 34-A MRSA §3031, sub-§§7 and 8, as enacted by PL 1983, c. 459, §6, are amended to read:

7. Area for personal effects. A reasonably secure area for the maintenance of permitted personal effects; and

8. Visitation. A reasonable opportunity to visit with relatives and friends, in accordance with departmental policies and institutional procedures, provided that the department may restrict or prohibit visits when the restriction or prohibition is necessary for the security of the institution.; and

Sec. 13. 34-A MRSA §3031, sub-§§9 and 10 are enacted to read:

9.__Psychiatric care.__Adequate psychiatric care as follows.

A.__Every client has the right to adequate psychiatric care, which includes care for a serious psychiatric disorder defined as a substantial disorder of thought, mood, perception, orientation or memory, such as those that meet DSM IV criteria for Axis I disorders or persistent and disabling Axis 2 disorders.

B.__All clients must be examined for a mental health condition immediately upon admission, including assessment of whether the client is suicidal.

C.__Treatment for serious psychiatric disorders must include:

(1)__Access to the most effective and appropriate medication recommended by the treating psychiatrist;

(2) Informed consent for medication;

(3)__Psychiatric or psychological individual contact as clinically indicated;

(4)__Monitoring of medication compliance and required laboratory testing;

(5)__Medication education for the client;

(6)__Retention of counseling and programming by community providers; and

(7)__Access to adequate out-of-cell time and outdoor recreation.__Unless clinically contraindicated, clients with mental illnesses__must be provided with out-of- cell time equal to that of clients of the same security level without mental illnesses.

D.__All psychiatric treatment must be provided in the least restrictive setting possible.__In no case may a client be

placed in isolation when that placement is because the client is experiencing symptoms of a mental illness unless psychiatric treatment is also provided.__For the purposes of this section, "psychiatric treatment" means medication management, individual counseling, and development and implementation of a treatment plan.__When the symptoms that lead to the isolation have remitted, the client must be returned to the client's original placement within 48 hours of the remission.

E.__A client may not be charged a fee for psychiatric services and treatment provided while incarcerated; and

10.__Mental health care.__Mental health care as set out in this section.__The following procedures apply to clients with mental health needs.

A.__The prison warden shall maintain a list of all clients receiving mental health treatment.__A client assessed to have a serious psychiatric disorder as defined in this section and who is receiving treatment for that disorder, must be included on the list.

B.__The clients on the mental health treatment list must have the involvement of mental health personnel whenever use of force situations or disciplinary charges arise.

C.__Correctional facility disciplinary officers will give the administrator of mental health services the names of all clients with pending disciplinary charges before the disciplinary hearings take place.__The mental health staff shall provide any relevant information regarding the impact of the client's mental disorder on the pending charge to the hearing officers who will decide whether or not to request a psychiatric or psychological evaluation to be considered when deciding what punishment to impose on the client.__The hearing officers may refer a client for appropriate mental health care and treatment.

D.__In the event that a client is confined in disciplinary segregation and suffers a deterioration in mental health status as determined by mental health staff, the mental health staff shall refer the__matter to the prison warden.__ If continued confinement is determined to be harmful to the client's mental health the client must be released to a treatment cell in the correctional or detention facility.

Sec. 14. 34-A MRSA §3037, sub-§1, as amended by PL 1991, c. 314, §42, is further amended to read:

1. Requirement. The commissioner may shall require a physical and mental examination of any client all newly admitted

clients and may require a physical or mental examination of any client at any time. If a family member or other concerned person petitions the commissioner regarding the need for a physical or mental examination of a client, the commissioner shall respond to that petition within 5 business days.__When a client transfer is requested for medical or psychiatric reasons, a medical or psychiatric evaluation must be completed by a medical doctor or mental health professional and that evaluation determines the need for the transfer and the least restrictive setting appropriate for the transfer.

Sec. 15. 34-A MRSA §3039-A, as enacted by PL 1997, c. 358, §4, is repealed and the following enacted in its place:

§3039-A.__Family support

1.__Child support.__If a client has a dependent child, the client may not participate in an industry program under section 1403, a work program under section 3035 or any other program administered by the department by which a client is able to generate money unless the client consents to pay at least 25% of that money for the support of any dependent child if the other parent, legal guardian or legal custodian of the child requests that payment.__Upon the written request of a parent, legal guardian or legal custodian, the chief administrative officer of the correctional facility where the client is incarcerated shall collect and disburse to the parent, legal guardian or legal custodian that portion of the client's money to be paid for the support of the dependent child.__This subsection does not apply to any client making payments for the support of a dependent child pursuant to a support order issued by a court or by the Department of Human Services.

2.__Support services.__Clients and their families must be permitted to join family support services such as those offered by national and statewide organizations designed to help maintain and support continued relationships with family members unless such participation would jeopardize the security of the correctional facility.__For the purposes of this subsection, "family" means kin related by blood or individuals that serve in the role of kin.

Sec. 16. 34-A MRSA §3061, sub-§1, as amended by PL 1991, c. 845, §5, is further amended to read:

1. Transfer. The commissioner may transfer any client from one correctional or detention facility or program, including prerelease centers, work release centers, halfway houses, supervised community confinement or specialized treatment facilities, to another, except that no a juvenile may not be

transferred to another facility or program for adult offenders and a client may not be transferred to a maximum security prison isolation cell as a mechanism to treat, control or otherwise respond to that client's psychiatric condition or symptoms.

Sec. 17. 34-A MRSA §3063-A, as amended by PL 1997, c. 464, §13, is further amended to read:

§3063-A. Transfer from jails

The commissioner may accept custody of persons a person transferred to the department from a county jails jail under Title 30-A, section 1557-A, except that the commissioner may not accept custody of a person transferred to the department from a county jail if that person is transferred as a mechanism to treat, control or otherwise respond to that person's psychiatric condition or symptoms.

Sec. 18. Application to current prisoners. All prisoners in all county jails on the effective date of this Act must be assessed by a mental health professional within 6 months of the effective date of this Act.

Sec. 19. Application to current clients. All clients of all adult correctional facilities and juvenile facilities on the effective date of this Act must be assessed by a mental health professional within 6 months of the effective date of this Act.

SUMMARY

This bill requires that all law enforcement and corrections officers receive training in mental illness and substance abuse issues and requires psychiatric evaluation of all inmates incarcerated in county jails and state correctional facilities. The bill establishes standards for the care, treatment and transfer of inmates with a psychiatric disorder. The bill also requires that all county jails and state correctional facilities be nationally accredited by January 1, 2005 and annually thereafter.