Maine § 34-A §3069-D Placement of defendants found incompetent to stand trial (WHOLE SECTION TEXT EFFECTIVE UNTIL 11/1/27) (WHOLE SECTION TEXT REPEALED 11/1/27)

Maine Statutes

§ 34-A §3069-D — Placement of defendants found incompetent to stand trial (WHOLE SECTION TEXT EFFECTIVE UNTIL 11/1/27) (WHOLE SECTION TEXT REPEALED 11/1/27)

Maine·Title 34-A CORRECTIONS·Ch. 3 CORRECTIONAL FACILITIES

1.Acceptance of placement. The commissioner may accept the placement of an adult defendant, referred to in this section as "the defendant," in a mental health unit of a correctional facility whom a court, after hearing, finds by clear and convincing evidence is incompetent to stand trial and whom the court commits to the custody of the Commissioner of Health and Human Services under Title 15, section 101‑D, subsection 5 if, in addition to the findings required under Title 15, section 101‑D, subsection 5, the court finds that:

2.Treatment; transfer. The department shall provide services and treatment consistent with the requirements of Title 15, section 101‑D, subsection 5 to a defendant accepted for treatment in a mental health unit of a correctional facility under subsection 1. The depa

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1.
Acceptance of placement.
The commissioner may accept the placement of an adult defendant, referred to in this section as "the defendant," in a mental health unit of a correctional facility whom a court, after hearing, finds by clear and convincing evidence is incompetent to stand trial and whom the court commits to the custody of the Commissioner of Health and Human Services under Title 15, section 101‑D, subsection 5 if, in addition to the findings required under Title 15, section 101‑D, subsection 5, the court finds that:
2.
Treatment; transfer.
The department shall provide services and treatment consistent with the requirements of Title 15, section 101‑D, subsection 5 to a defendant accepted for treatment in a mental health unit of a correctional facility under subsection 1. The department may not transfer to another unit of a correctional facility a defendant accepted for treatment in a mental health unit of a correctional facility under subsection 1.
3.
Termination of placement.
Termination of placement is governed by this subsection.
4.
Disclosure of information.
With respect to a defendant who has previously been hospitalized under Title 34‑B, chapter 3, subchapter 4, the commissioner may make it a prerequisite to accepting placement of the defendant under this section that necessary information be disclosed to the department pursuant to Title 34‑B, section 1207, subsection 1, paragraph B.
5.
Application of other laws.
All other applicable provisions of law governing defendants found incompetent to stand trial apply to defendants accepted for placement under this section.
6.
Repeal.
This section is repealed November 1, 2027.

Maine § 34-A §3069-D (Placement of defendants found incompetent to stand trial (WHOLE SECTION TEXT EFFECTIVE UNTIL 11/1/27) (WHOLE SECTION TEXT REPEALED 11/1/27)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.