Sec. 1. 5 MRSA c. 511 is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 511

PROTECTION AND ADVOCACY FOR PERSONS WITH

DISABILITIES

Sec. 2. 5 MRSA §19501, as enacted by PL 1989, c. 837, §1, is amended to read:

§19501. Policy

It is the policy of the State to ensure that the legal and human rights of all developmentally disabled persons and mentally ill individuals with disabilities residing in the State are protected through the establishment of a protection and advocacy system pursuant to 42 United States Code, Section 6042 et seq. and, Section 10801 et seq. and 29 United States Code, Section 794(e).

Sec. 3. 5 MRSA §19502, as enacted by PL 1989, c. 837, §1, is amended to read:

§19502. Designation

The Governor shall designate an agency, independent of any state or private agency that provides treatment, services or habilitation to persons with developmental disabilities or mental illness, to serve as the protection and advocacy agency for persons with disabilities. The agency shall also protect and advocate for the rights of persons with learning disabilities.

Sec. 4. 5 MRSA §19503, sub-§5, as enacted by PL 1989, c. 837, §1, is repealed and the following enacted in its place:

5.__Facility.__"Facility" means any foster home; boarding home; nursing home; group home; hospital; state mental health institute; state, county or municipal detention facility; shelter; and any other facility licensed or funded by the State, or any subdivision of the State, for the provision of services, supports and other assistance or residential services or treatment.__"Facility" includes any other facility providing services, supports and other assistance; residential services; or treatment residential services that is operating without a license, but is required to be licensed under the laws of the United States, this State or any subdivision of this State.