PART D

Sec. D-1. 34-B MRSA §1207, sub-§1, ¶¶B-3 and B-4 are enacted to read:

B-3.__Information may be disclosed to the Department of Corrections if:

(1)__The client is in the custody of the Department of Corrections;

(2)__The client is suffering an acute mental deterioration such that the client is not capable of granting informed written consent; and

(3)__The information is necessary in order for the Department of Corrections to carry out its statutory functions;

B-4.__Information may be disclosed to a sheriff responsible for a county detention facility if:

(1)__The client is in the custody of that facility;

(2)__The client is suffering an acute mental deterioration such that the client is not capable of granting informed written consent; and

(3)__The information is necessary in order for the facility to carry out its statutory functions;

PART E

Sec. E-1. Examination of treatment of incarcerated mentally ill persons. The Department of Corrections and the Maine Jail Association shall examine and develop ways of treating incarcerated persons with mental illness in the least restrictive setting possible that does not compromise security. The department and Maine Jail Association shall report the results of this examination and any actions taken together with any recommendations to the joint standing committee of the Legislature having jurisdiction over criminal justice matters no later than January 30, 2003. The joint standing committee may report out legislation in response to the report to the First Regular Session of the 121st Legislature.

PART F

Sec. F-1. 34-B MRSA c. 17 is enacted to read:

CHAPTER 17

OMBUDSMAN FOR MENTALLY ILL INMATES

§17001.__Ombudsman program

1.__Definitions.__As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Ombudsman" means the director of the program and persons employed by or volunteering to perform the work of the program.

B.__"Program" means the ombudsman program established under this section.

2. Program established.__The ombudsman program is established as an independent program within the Executive Department to provide ombudsman services to persons with mental illness who are in the custody of the Department of Corrections or a county correctional facility. The program shall consider and promote the best interests of persons with mental illness who are incarcerated, answer inquiries and investigate, advise and work toward resolution of complaints of infringement of the rights or interests of persons with mental illness who are incarcerated.__ The program must be staffed under contract by an attorney, or a master's level social worker, who must have experience in advocacy for persons with mental illness, and support staff as determined necessary. The program functions through the staff of the program and volunteers recruited and trained to assist in the duties of the program.

3. Contracted services.__The program shall operate by contract with a nonprofit organization that the Executive Department determines to be free of potential conflict of interest and best able to provide the services on a statewide basis. The ombudsman may not be actively involved in state-level political party activities or publicly endorse, solicit funds for or make contributions to political parties on the state level or candidates for statewide elective office. The ombudsman may not be a candidate for or hold any statewide elective or appointive public office.

4. Duties.__The program shall provide services directly or under contract and may set priorities for service among the types of inquiries and complaints. The program shall:

A. Provide information to the public about the services of the program through a comprehensive outreach program. The ombudsman shall provide information through a toll-free telephone number or numbers;

B. Answer inquiries and investigate and work toward resolution of complaints regarding the performance and services of the department, the Department of Corrections, and any county correctional facility;

C. Participate in conferences, meetings and studies that may improve the performance and services of the department, the Department of Corrections and any county correctional facility;

D. Provide services to persons with mental illness who are incarcerated to assist them in protecting their rights;

E. Inform persons of the means of obtaining services from the department, the Department of Corrections, a county correctional facility and any other entity that may offer services;

F. Provide information and referral services;

G. Analyze and provide opinions and recommendations on state programs, rules, policies and laws to agencies, the Governor and the Legislature;

H. Determine what types of inquiries and complaints will be accepted for action by the program and adopt policies and procedures regarding communication with persons making the inquiries or complaints and appropriate agencies and facility administrators and staff;

I. Apply for and use grants, gifts and funds for the purpose of performing the duties of the program; and

J. Collect and analyze records and data relevant to the duties and activities of the program and make reports as required by law or determined by the ombudsman to be appropriate.

5. Access to persons, files and records.__As necessary for the duties of the program, the ombudsman has access to the files and records of the department, the Department of Corrections and

any county correctional facility, without fee, and to the personnel of the departments and facilities for the purposes of investigation of an inquiry or complaint.__The ombudsman may also enter the premises of any state or county correctional facility for the purposes of investigation of an inquiry or complaint without prior notice. The program shall maintain the confidentiality of all information or records obtained under this subsection.

6. Confidentiality of records. Information or records maintained by the program relating to a__complaint or inquiry are confidential and may not be disclosed unless the disclosure is permitted by law and consented to by the ombudsman or ordered by court. Records maintained by the program are not public records as defined in Title 1, chapter 13.

7. Liability.__Any person who in good faith submits a complaint or inquiry to the program pursuant to this section is immune from any civil or criminal liability for that act.__For the purpose of any civil or criminal proceedings, there is a rebuttable presumption that any person acting pursuant to this section did so in good faith. The ombudsman and employees and volunteers in the program are employees of the State for the purposes of the Maine Tort Claims Act, Title 14, section 8101.

8. Penalties.__A person who intentionally obstructs or hinders the lawful performance of the ombudsman's duties commits a Class E crime. A person who penalizes or imposes a restriction on a person who makes a complaint or inquiry to the ombudsman as a result of that complaint or inquiry commits a Class E crime. The Attorney General shall enforce this subsection under Title 5, section 191.

9. Information.__Beginning January 1, 2003, information about the services of the program and any applicable grievance and appeal procedures must be provided to all inmates in the custody of the Department of Corrections and all inmates in county correctional facilities.

10. Report.__The program shall report to the Governor, the department and the Legislature by December 31st each year on the activities and services of the program, priorities among types of inquiries and complaints that have been set by the program, waiting lists for services, the provision of outreach services and recommendations for changes in policies, rules or laws to improve the provision of services.

11. Oversight.__The joint standing committee of the Legislature having jurisdiction over criminal justice matters shall review annually the operations of the program and may make

recommendations to the Governor regarding the contract for services under this section. The committee may submit legislation that it determines necessary to amend or repeal this section.

Sec. F-2. Appropriations and allocations. The following appropriations and allocations are made.

EXECUTIVE DEPARTMENT

Ombudsman Program

New Initiative: Provides funds to contract with a nonprofit organization to operate an ombudsman program. Funding is included for one Ombudsman position and one support staff position, operating costs and one-time, start-up costs.

General Fund 2002-03

All Other $133,815

SUMMARY

This bill implements the recommendations of the Committee to Study the Needs of Persons with Mental Illness Who Are Incarcerated relating to treatment and aftercare planning in state prisons and county jails.