Sec. 1. 34-A MRSA §1001, sub-§§11-B and 11-C are enacted to read:

11-B.__Likelihood of serious harm.__"Likelihood of serious harm" means:

A.__A substantial risk of physical harm to oneself, as manifested by recent evidence of threats of, or attempts at, suicide or serious bodily harm to oneself;

B.__A substantial risk of physical harm to other persons, as manifested by recent evidence of homicidal or other violent behavior or recent evidence that others are placed in reasonable fear of violent behavior and serious harm; or

C.__A reasonable certainty that physical or mental impairment or injury will result to oneself, as manifested by recent evidence of that person's actions or behavior that demonstrates inability to avoid, or protect oneself from, such impairment or injury.

11-C.__Mentally ill person.__"Mentally ill person" means a person diagnosed as having a psychiatric or other illness that substantially impairs that person's mental health.__"Mentally ill person" does not include a mentally retarded or sociopathic person.

Sec. 2. 34-A MRSA §3048 is enacted to read:

§3048.__Involuntary medication of mentally ill person

1.__Grounds for involuntary medication.__A mentally ill person residing in a correctional or detention facility may be given medication for the mental illness without the consent of the person or the person's legal guardian, if any, if:

A.__The person is a mentally ill person;

B.__As a result of the mental illness, the person poses a likelihood of serious harm;

C.__The medication has been prescribed by the facility's treating psychiatrist as treatment for the person's mental illness;

D.__The person or the person's legal guardian, if any, has been asked to consent to the medication and has refused; and