Maine § 34-B §3864 Judicial procedure and commitment

Maine Statutes

§ 34-B §3864 — Judicial procedure and commitment

Maine·Title 34-B BEHAVIORAL AND DEVELOPMENTAL SERVICES·Ch. 3 MENTAL HEALTH

1.Application. An application to the District Court to admit a person to a psychiatric hospital, filed under section 3863, subsection 5‑A, must be accompanied by: 1-A. Involuntary treatment. An application under this section may also include a request for an order of involuntary treatment under subsection 7‑A.

2.Detention pending judicial determination. Notwithstanding any other provisions of this subchapter, a person, with respect to whom an application for the issuance of an order for hospitalization has been filed, may not be released or discharged during the pendency of the proceedings, unless:

3.Notice of receipt of application. The giving of notice of receipt of application and date of hearing under this section is governed as follows.

4.Examination. Examinations under this secti

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1.
Application.
An application to the District Court to admit a person to a psychiatric hospital, filed under section 3863, subsection 5‑A, must be accompanied by:
1-A.
Involuntary treatment.
An application under this section may also include a request for an order of involuntary treatment under subsection 7‑A.
2.
Detention pending judicial determination.
Notwithstanding any other provisions of this subchapter, a person, with respect to whom an application for the issuance of an order for hospitalization has been filed, may not be released or discharged during the pendency of the proceedings, unless:
3.
Notice of receipt of application.
The giving of notice of receipt of application and date of hearing under this section is governed as follows.
4.
Examination.
Examinations under this section are governed as follows.
5.
Hearing.
Hearings under this section are governed as follows.
6.
Court findings.
Procedures dealing with the District Court's findings under this section are as follows.
7.
Commitment.
Upon making the findings described in subsection 6, paragraph A, the court may order commitment to a psychiatric hospital for a period not to exceed 4 months in the first instance and not to exceed one year after the first and all subsequent hearings.
7-A.
Involuntary treatment.
This subsection governs involuntary treatment.
8.
Continued involuntary hospitalization.
If the chief administrative officer of the psychiatric hospital to which a person has been committed involuntarily by the District Court recommends that continued involuntary hospitalization is necessary for that person, the chief administrative officer shall notify the commissioner. The commissioner may then, not later than 21 days prior to the expiration of a period of commitment ordered by the court, make application in accordance with this section to the District Court that has territorial jurisdiction over the psychiatric hospital designated for treatment in the application by the commissioner for a hearing to be held under this section.
9.
Transportation.
Except for transportation expenses paid by the District Court pursuant to subsection 10, a continued involuntary hospitalization hearing that requires transportation of the patient to and from any psychiatric hospital to a court that has committed the person must be provided at the expense of the Department of Health and Human Services. Transportation of an individual to a psychiatric hospital under these circumstances must involve the least restrictive form of transportation available that meets the clinical needs of that individual and be in compliance with departmental regulations.
10.
Expenses.
With the exception of expenses incurred by the applicant pursuant to subsection 5, paragraph F, the District Court is responsible for any expenses incurred under this section, including fees of appointed counsel, witness and notice fees and expenses of transportation for the person.
11.
Appeals.
A person ordered by the District Court to be committed to a psychiatric hospital may appeal from that order to the Superior Court.
12.
Transmission of abstract of court ruling to the State Bureau of Identification.
Notwithstanding any other provision of this section or section 1207, a court shall transmit to the Department of Public Safety, State Bureau of Identification an abstract of any order for involuntary commitment issued by the court pursuant to this section. The abstract must include:
13.
Firearms possession prohibition notification.
A court that orders a person to be committed involuntarily pursuant to this section shall inform the person that possession, ownership or control of a firearm by that person is prohibited pursuant to Title 15, section 393, subsection 1. As used in this subsection, "firearm" has the same meaning as in Title 17‑A, section 2, subsection 12‑A.

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Legislative History

PL 1983, c. 459, §7 (NEW). PL 1995, c. 496, §§3-6 (AMD). PL 1997, c. 422, §§13-19 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 519, §§BBBB9,10 (AMD). PL 2005, c. 519, §BBBB20 (AFF). PL 2007, c. 319, §10 (AMD). PL 2007, c. 446, §§2-4 (AMD). PL 2007, c. 446, §7 (AFF). PL 2007, c. 472, §1 (AMD). PL 2007, c. 670, §§18-20 (AMD). PL 2009, c. 281, §3 (AMD). PL 2009, c. 651, §§20-26 (AMD). PL 2015, c. 309, §§6-8 (AMD). PL 2021, c. 389, §3 (AMD).