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USA Statutes : maine
Title : Title 15. COURT PROCEDURE -- CRIMINAL
Chapter : Chapter 05. MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT
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Title 15 - §101-A. Access to records by persons or entities performing examinations or evaluations (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §101-A. Access to records by persons or entities performing examinations or evaluations (REPEALED)
Section History:
PL 1985,
Ch. 356,
§
(NEW).
PL 1987,
Ch. 402,
§A108
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §101-B. Mental examination and observation of persons accused of crime
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §101-B. Mental examination and observation of persons accused of crime
1. Court order; permissive. The District Court or the Superior Court having jurisdiction in any criminal case for cause shown may order the defendant
examined to determine the defendant's mental condition with reference to the issues of competency, criminal responsibility,
abnormal condition of mind and any other issue involving the mental or emotional condition of the defendant. The examination
may be conducted by the State Forensic Service or by a psychiatrist or licensed clinical psychologist independent of the State
Forensic Service. If additional examinations are ordered, the court shall ensure that at least one examination is conducted
by the State Forensic Service. The court in selecting an independent practitioner and the site of any examination shall consider
proximity to the court, availability of an examiner or examiners and the necessity for security precautions. A person may
not be presented for examination under this subsection without arrangements for that examination with the State Forensic Service
or the independent practitioner being first made by the court, clerk of courts or sheriff. If the defendant is incarcerated,
the examination is to be completed within 45 days from the date of the order. The State Forensic Service shall notify the
court upon the completion of the examination. The opinion of the examiner or examiners relative to the competence, criminal
responsibility, abnormal condition of mind or any other mental or emotional condition of the respondent must be reported without
delay to the court following examination, together with copies to counsel for the respondent and counsel for the State.
[1999, c. 510, §3 (amd).]
2. Court order; mandatory. The court shall order the defendant to be further examined by a psychiatrist and a clinical psychologist from the State
Forensic Service if:
A. It appears to the court, based on the report of any such examiner, that:
(1) The defendant may suffer or may have suffered from a mental disease or defect, abnormal condition of mind or any mental
or emotional condition affecting the defendant's guilt, criminal responsibility or competence to stand trial; or
(2) Further observation is required; or
[1993, c. 704, §1 (amd).]
B. The defendant enters or persists in a plea of not criminally responsible by reason of insanity for a period in excess of
21 days after the report in subsection 1 is filed.
[1987, c. 402, Pt. A, §109 (new).]
[1993, c. 704, §1 (amd).]
3. Availability of reports. The court may order that observations, interviews and investigative reports regarding the behavior of the defendant made
by law enforcement officials be made available to the designated psychiatrist and licensed clinical psychologist of the State
Forensic Service for the limited purpose of this examination. If the defendant is incarcerated, an initial examination to
determine whether commitment to the custody of the Commissioner of Health and Human Services is necessary must be made within
90 days. If the defendant is incarcerated and it is determined that no long-term observation for the purpose of diagnosis
is needed, the defendant's examinations must be completed within 30 days. If the examination by the designees can be completed
without admission, a report of the results of the completed examination must be forwarded to the court without delay. If
the designated examiners of the Commissioner of Health and Human Services determine that admission to an appropriate institution
for the mentally ill or mentally retarded is necessary for complete examination, the examiners shall so notify the court,
which may order the defendant committed to the custody of the Commissioner of Health and Human Services to be placed in an
appropriate institution for the mentally ill or the mentally retarded, to be there detained and observed by the superintendent,
or the superintendent's delegate, and professional staff for a period of time not to exceed 60 days, for the purpose of ascertaining
the mental condition of the defendant. When further detention for observation is determined no longer necessary by the State
Forensic Service, the commissioner shall report this fact to the court. The court shall then order the person returned to
the appropriate court for disposition; if the court ordering commitment for observation has provided for remand to the county
jail following completion of the observation in the commitment order, the sheriff or any one or more of the sheriff's deputies
shall execute the remand order upon advice from the commissioner of completion of the observation. A report of the results
of the observation must be forwarded promptly to the court by the commissioner. Subsection 1 governs the distribution of
reports of examination pursuant to this subsection.
[RR 1995, c. 2, §25 (cor); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §7 (rev).]
4. Finding of incompetence, custody; bail. If after hearing upon motion of the attorney for the defendant, or upon the court's own motion, the court finds that any
defendant is incompetent to stand trial, it shall continue the case until such time as the defendant is deemed by the court
to be competent to stand trial and may either:
A. Commit the defendant to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution
for the mentally ill or the mentally retarded 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 shall forward a report to the
Commissioner of Health and Human Services relative to the defendant's competence to stand trial and its reasons therefor.
The commissioner 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, it shall
recommit the defendant to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution
for the mentally ill or the mentally retarded for observation, care and treatment. 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 order the Commissioner of Health and
Human Services to commence involuntary commitment proceedings pursuant to Title 34-B, chapter 3, subchapter IV or chapter
5, subchapter III. If the defendant is charged with offenses not listed in the previous sentence, 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 notify the appropriate
authorities who may institute civil commitment procedures for the individual; or
[2001, c. 634, §1 (amd); 2003, c. 689, Pt. B, §7 (rev).]
B. Issue a bail order in accordance with chapter 105-A, with or without the further order that the defendant undergo observation
at a state mental hospital or mental health facility approved by the Department of Health and Human Services or by arrangement
with a private psychiatrist or licensed clinical psychologist and treatment when it is deemed appropriate by the State Forensic
Service. When the outpatient observation and treatment is ordered, the State Forensic Service, within the time specified
in subsection 1, shall forward a report to the court containing the opinion of the State Forensic Service relative to the
defendant's competence to stand trial and its reasons therefor. The court shall without delay set a date for and hold a hearing
on the question of the defendant's competence to stand trial, which shall be held pursuant to and consistent with the standards
set out in paragraph A.
[1989, c. 621, §3 (amd); 1995, c. 560, Pt. K, §82 (amd); §83 (aff); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
[2001, c. 634, §1 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).]
5. Competence; proceedings. Upon a determination that the defendant is competent to stand trial, proceedings with respect to the defendant shall be
in accordance with the rules of criminal procedure.
[1987, c. 402, Pt. A, §109 (new).]
6. No release during commitment period; violation. No person ordered or committed for examination, observation, care or treatment pursuant to this section may be released from
the designated institution during the period of examination. Any individual responsible for or permitting the release of a
respondent from the designated institution who has been committed pursuant to this section commits a civil violation for which
a forfeiture not to exceed $1,000 may be adjudged.
[1989, c. 621, §4 (amd).]
7. Examination after conviction. If the issue of criminal responsibility, mental competence, abnormal condition of mind or any other issue involving the
mental or emotional condition of the defendant is raised after conviction, the court may order the convicted person to be
examined by the State Forensic Service. If at the time an examination order is entered by the court the convicted person
is in execution of any sentence imposed for any criminal conduct, the time limits and bail provisions of this section do not
apply.
[1989, c. 621, §5 (new).]
Section History:
PL 1987,
Ch. 402,
§A109
(NEW).
PL 1987,
Ch. 758,
§11
(AMD).
PL 1989,
Ch. 621,
§1-5
(AMD).
PL 1993,
Ch. 704,
§1
(AMD).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
RR 1995,
Ch. 2,
§25,26
(COR).
PL 1999,
Ch. 373,
§1
(AMD).
PL 1999,
Ch. 503,
§1
(AMD).
PL 1999,
Ch. 510,
§3
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2001,
Ch. 471,
§D15
(AMD).
PL 2001,
Ch. 634,
§1
(AMD).
PL 2003,
Ch. 689,
§B6,7
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §101-C. Access to records by persons or entities performing examinations or evaluations
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §101-C. Access to records by persons or entities performing examinations or evaluations
1. Written demand for records. When a person or entity has been ordered to perform an examination or evaluation pursuant to section 101-B, and the person
to be examined has sought the examination, joined in a request or order for the examination or has entered a plea of not criminally
responsible by reason of insanity, that person may make written demand upon any individual, partnership, association, corporation,
institution or governmental entity to produce the records or copies of the records, in whatever medium preserved, of the subject
of the examination or evaluation.
[1987, c. 402, Pt. A, §109 (new).]
2. Production of records. Any such entity from whom records are demanded pursuant to subsection 1 shall produce the records or copies of the records
forthwith. The production shall be made notwithstanding any other law. No entity, or employee or agent of the entity, may
be criminally or civilly responsible for furnishing any records in compliance with this section.
[1987, c. 402, Pt. A, § 109 (new).]
3. Confidentiality of records. Records provided under this section shall be confidential and shall not be disseminated by any person other than upon order
of the court pursuant to a petition for release under section 104-A or pursuant to an involuntary commitment proceeding under
Title 34-B, section 3864.
[1989, c. 878, Pt. H, §3 (amd).]
4. Definition. "Records" means information about a person, in whatever medium preserved. It includes, but is not limited to, medical histories,
social histories, military histories, government histories, educational histories, drug and alcohol treatment histories, criminal
record histories, penal institution histories and documentation pertaining to diagnosis or treatment.
[1989, c. 621, §6 (amd).]
5. Failure to produce records. Any person who is required to produce records by this section and intentionally or knowingly fails to do so within 20 days
of the service of the written request upon him, may be subject to civil contempt for his failure to comply with the request.
[1987, c. 402, Pt. A, §109 (new).]
Section History:
PL 1987,
Ch. 402,
§A109
(NEW).
PL 1989,
Ch. 621,
§6
(AMD).
PL 1989,
Ch. 878,
§H3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §101. Mental examination and observation of persons accused of crime (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §101. Mental examination and observation of persons accused of crime (REPEALED)
Section History:
PL 1965,
Ch. 334,
§
(RPR).
PL 1967,
Ch. 402,
§1
(AMD).
PL 1969,
Ch. 279,
§
(AMD).
PL 1969,
Ch. 504,
§24-C
(AMD).
PL 1971,
Ch. 269,
§
(AMD).
P&SL 1973,
Ch. 53,
§
(AMD).
PL 1973,
Ch. 547,
§1,2,3
(AMD).
PL 1975,
Ch. 230,
§1
(AMD).
PL 1975,
Ch. 506,
§1,2
(AMD).
PL 1975,
Ch. 718,
§1
(AMD).
PL 1977,
Ch. 201,
§1-3
(AMD).
PL 1977,
Ch. 311,
§1
(AMD).
PL 1977,
Ch. 564,
§71-A
(AMD).
PL 1979,
Ch. 663,
§84
(AMD).
PL 1981,
Ch. 493,
§2
(AMD).
PL 1983,
Ch. 580,
§2,3
(AMD).
PL 1985,
Ch. 630,
§1,2
(AMD).
PL 1985,
Ch. 796,
§2,3
(AMD).
PL 1987,
Ch. 402,
§A107
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §102. No responsibility for criminal act produced by mental disease or defect (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §102. No responsibility for criminal act produced by mental disease or defect (REPEALED)
Section History:
PL 1975,
Ch. 499,
§2
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §103. Commitment following acceptance of negotiated insanity plea or following verdict or finding of insanity
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §103. Commitment following acceptance of negotiated insanity plea or following verdict or finding of insanity
When a court accepts a negotiated plea of not criminally responsible by reason of insanity or when a defendant is found not
criminally responsible by reason of insanity by jury verdict or court finding, the judgment must so state. In those cases
the court shall order the person committed to the custody of the Commissioner of Health and Human Services to be placed in
an appropriate institution for the mentally ill or the mentally retarded for care and treatment. Upon placement in the appropriate
institution and in the event of transfer from one institution to another of persons committed under this section, notice of
the placement or transfer must be given by the commissioner to the committing court.
[2005, c. 263, §1 (amd).]
div> As used in this section, "not criminally responsible by reason of insanity" has the same meaning as in Title 17-A, section
39 and includes any comparable plea, finding or verdict in this State under former section 102; under a former version of
Title 17-A, section 39; under former Title 17-A, section 58; or under former section 17-B, chapter 149 of the Revised Statutes
of 1954.
[2005, c. 263, §1 (new).]
Section History:
PL 1981,
Ch. 493,
§2
(AMD).
PL 1995,
Ch. 286,
§1
(AMD).
RR 1995,
Ch. 2,
§27
(COR).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2003,
Ch. 689,
§B7
(REV).
PL 2005,
Ch. 263,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §104-A. Release and discharge, hearing, payment of fees
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §104-A. Release and discharge, hearing, payment of fees
1. Release and discharge. The term "release," as used in this section, means termination of institutional in-patient residency and return to permanent
residency in the community. The head of the institution in which a person is placed, under section 103, shall, annually,
forward to the Commissioner of Health and Human Services a report containing the opinion of a staff psychiatrist as to the
mental conditions of that person, stating specifically whether the person may be released or discharged without likelihood
that the person will cause injury to that person or to others due to mental disease or mental defect. The report must also
contain a brief statement of the reasons for the opinion. The commissioner shall immediately file the report in the Superior
Court for the county in which the person is committed. The court shall review each report and, if it is made to appear by
the report that any person may be ready for release or discharge, the court shall set a date for and hold a hearing on the
issue of the person's readiness for release or discharge. The court shall give notice of the hearing and mail a copy of the
report to the Attorney General, offices of the district attorney that prosecuted the criminal charges for which the person
was committed under section 103 and the offices of the district attorneys in whose district the release petition was filed
or in whose district release may occur. At the hearing, the court shall receive the testimony of at least one psychiatrist
who has treated the person and a member of the State Forensic Service who has examined the person, the testimony of any independent
psychiatrist or licensed clinical psychologist who is employed by the prosecutor and has examined the person and any other
relevant testimony. If, after hearing, the court finds that the person may be released or discharged without likelihood that
the person will cause injury to that person or to others due to mental disease or mental defect, the court shall order, as
applicable:
A. Release from the institution, provided that:
(1) The order for release may include conditions determined appropriate by the court, including, but not limited to, out-patient
treatment and supervision by the Department of Health and Human Services, Division of Mental Health; and
(2) The order for release includes the condition that the person must be returned to the institution immediately upon the
order of the commissioner whenever the person fails to comply with other conditions of release ordered by the court; or
[RR 1995, c. 2, §28 (cor); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
B. Discharge from the custody of the Commissioner of Health and Human Services.
[RR 1995, c. 2, §28 (cor); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §7 (rev).]
Release from the institution is subject to annual review by the court and, except for return as ordered by the commissioner
under paragraph A, subparagraph (1), must continue until terminated by the court. Each person released under this section
shall remain in the custody of the commissioner. The Commissioner of Health and Human Services shall inform the public safety
officer of the municipality or the sheriff's office of the county into which the person is released of the release.
[2005, c. 263, §2 (amd).]
2. Modified release treatment. Any individual committed pursuant to section 103 may petition the Superior Court for the county in which that person is
committed for a release treatment program allowing the individual to be off institutional grounds for a period of time, not
to exceed 14 days at any one time. The petition must contain a report from the institutional staff, including at least one
psychiatrist, and the report must define the patient's present condition; the planned treatment program involving absence
from the institution; the duration of the absence from the institution; the amount of supervision during the absence; the
expectation of results from the program change; and the estimated duration of the treatment program before further change.
This petition must be forwarded to the court no later than 60 days prior to the beginning of the modified treatment program.
If the court considers that the individual being off the grounds, as described in the treatment plan, is inappropriate, it
shall notify the hospital that the plan is not approved and shall schedule a hearing on the matter. The clerk of courts upon
receipt of the proposed treatment program shall give notice of the receipt of this program by mailing a copy to the office
of the district attorney that prosecuted the criminal charges for which the person was committed under section 103, the offices
of the district attorneys in whose district the release petition was filed or in whose district release may occur and the
Attorney General who may file objections and request a hearing on the matter. Representatives of the Attorney General and
the office that prosecuted the person may appear at any hearing on the matter. At the hearing, the court shall receive the
testimony of a member of the State Forensic Service who has examined the person, any independent psychiatrist or licensed
clinical psychologist who is employed by the prosecutor and has examined the person and any other relevant testimony. If
the court does not respond within 60 days to the proposed treatment plan and no objections and request for hearing are filed
by the district attorney or Attorney General, it may then be put into effect by the administrator of the hospital on the assumption
that the court approved the treatment plan. The Commissioner of Health and Human Services shall inform the public safety
officer of the municipality or the sheriff's office of the county in which the person will spend any unsupervised time under
the release treatment program of that program.
[2005, c. 263, §3 (amd).]
3. Other provisions concerning initial release or discharge. A report must be forwarded and filed and hearings must be held in accordance with subsection 1, without unnecessary delay
when, at any time, it is the opinion of a staff psychiatrist that a patient committed under section 103 may be released or
discharged without likelihood that the patient will cause injury to that patient or to others due to mental disease or mental
defect.
A person committed under section 103, or the person's spouse or next of kin, may petition the Superior Court for the county
in which that person is committed for a hearing under subsection 1. Upon receiving the petition, the court shall request
and must be furnished by the Commissioner of Health and Human Services a report on the mental condition of that person, as
described in subsection 1. A hearing must be held on each petition, and release or discharge, if ordered, must be in accordance
with subsection 1. If release or discharge is not ordered, a petition may not be filed again for the release or discharge
of that person for 6 months. Any person released under subsection 1 or the person's spouse or next of kin may at any time
after 6 months from the release petition the Superior Court for the county in which that person was committed for that person's
discharge under subsection 1. If discharge is not ordered, a petition for discharge may not be filed again for 6 months.
[2005, c. 263, §4 (amd).]
4. Return to institution upon commissioner's order. The commissioner may order any person released under subsection 1, paragraph A, who fails to comply with the conditions
of release ordered by the court, as evidenced by the affidavit of any interested person, to return to the institution from
which he was released. A hearing shall be held for the purpose of reviewing the order for release within 7 days of the person's
return if the person will be detained for 7 or more days. At the hearing, the court shall receive testimony of the psychiatrist
who observed or treated the person upon the person's return to the institution, any member of the State Forensic Service who
has examined the person upon the person's return, and any other relevant testimony. Following hearing, the court may reissue
or modify the previous order of release.
[1985, c. 796, §4 (amd).]
5. Reinstitutionalization due to likelihood of causing injury. Any person released under subsection 1, paragraph A, whose reinstitutionalization, due to the likelihood that he will cause
injury to himself or others due to mental disease or mental defect, is considered necessary, upon the verified petition of
any interested person, may be brought before any Justice of the Superior Court upon his order. A hearing shall be held for
the purpose of reviewing the mental condition of the person and the order for release. The court may order the person detained
for observation and treatment, if appropriate, at the institution from which he was released pending the hearing, which detention
shall not exceed 14 days. The psychiatrist responsible for the observation or treatment of the person shall report to the
court prior to the hearing as to the mental condition of the person, indicating specifically whether the person can remain
in the community without likelihood that he will cause injury to himself or others due to mental disease or mental defect.
The court shall receive the testimony of the psychiatrist who observed or treated the person during the period of detention,
any member of the State Forensic Service who has examined the person during the period of detention, and any other relevant
testimony. Following the hearing, the court may reissue, modify or rescind the previous order of release.
[1985, c. 796, §4 (amd).]
6. Involuntary hospitalization; notice; appointed counsel. Any person released under subsection 1, paragraph A, may be admitted to a hospital under any provision of Title 34-B, chapter
3, subchapter IV, Article 3, while the order for release is in effect.
Notice of any hearing under subsection 1, 2, 3 or 5 shall be given to the offices of the district attorney which prosecuted
the criminal charges against the person for which the person was acquitted by reason of insanity, the offices of the district
attorneys in whose district the release petition was filed or in whose district release may occur and Attorney General at
least 7 days before the hearing date. Notice of any hearing under subsection 4 shall be given to the office of the district
attorney and Attorney General as soon as possible before the hearing date.
Whenever a hearing is to be held under this section, the court shall determine whether the person whose release or discharge
is in issue is indigent. If the court finds that the person is indigent, it shall appoint counsel to represent the person
in connection with the hearing. Fees for court-appointed counsel for services rendered in connection with any hearing held
under this section, or appeal from a decision in any hearing, and the fees of any expert witnesses called by the district
attorney, Attorney General or on behalf of the person whose release or discharge is in issue, if indigent, shall be paid by
the State. Any such fee to be in order for payment shall be first approved by the justice presiding at the hearing held under
this section.
[1985, c. 796, §4 (amd).]
Section History:
PL 1979,
Ch. 663,
§86
(NEW).
PL 1981,
Ch. 493,
§2
(AMD).
PL 1985,
Ch. 131,
§1
(RPR).
PL 1985,
Ch. 796,
§4
(AMD).
PL 1993,
Ch. 410,
§CCC3
(AMD).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
RR 1995,
Ch. 2,
§28
(COR).
RR 1995,
Ch. 2,
§29,30
(COR).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2003,
Ch. 689,
§B6,7
(REV).
PL 2005,
Ch. 263,
§2-4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §104-B. Failure of patient to return
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §104-B. Failure of patient to return
If any patient committed to the Department of Health and Human Services for care and treatment, under section 103 or 105,
is ordered to return to the hospital by the Commissioner of Health and Human Services, law enforcement personnel of the State
or of any of its subdivisions shall, upon request of the commissioner, assist in the return of the patient to the hospital.
[RR 1995, c. 2, §31 (cor); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).]
Section History:
PL 1979,
Ch. 623,
§1
(NEW).
PL 1981,
Ch. 493,
§2
(AMD).
PL 1985,
Ch. 131,
§2
(RPR).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
RR 1995,
Ch. 2,
§31
(COR).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2003,
Ch. 689,
§B6,7
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §104. Release and discharge, hearing, payment of fees (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §104. Release and discharge, hearing, payment of fees (REPEALED)
Section History:
PL 1967,
Ch. 402,
§2
(RPR).
PL 1969,
Ch. 376,
§
(RPR).
PL 1969,
Ch. 504,
§24-E
(AMD).
PL 1969,
Ch. 555,
§
(RPR).
PL 1973,
Ch. 243,
§
(RPR).
PL 1973,
Ch. 567,
§20
(AMD).
PL 1975,
Ch. 230,
§2,3
(AMD).
PL 1975,
Ch. 506,
§3
(AMD).
PL 1975,
Ch. 623,
§17-C
(AMD).
PL 1977,
Ch. 114,
§24,25
(AMD).
PL 1979,
Ch. 663,
§85
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §105. Authority to receive persons for observation committed by the United States District Court. (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL Part 1: CRIMINAL PROCEDURE GENERALLY Chapter 5: MENTAL RESPONSIBILITY FOR CRIMINAL CONDUCT §105. Authority to receive persons for observation committed by the United States District Court. (REPEALED)
Section History:
PL 1967,
Ch. 402,
§3
(NEW).
P&SL 1973,
Ch. 53,
§
(AMD).
PL 1981,
Ch. 493,
§2
(AMD).
PL 1989,
Ch. 621,
§7
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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