LD 1497
pg. 8
Page 7 of 9 PUBLIC Law Chapter 205 Page 9 of 9
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LR 1961
Item 1

 
5.__Disclosure of information.__Nothing in this section
permits or requires the disclosure of information to the extent
it is designated confidential by another provision of law.

 
6.__Assessment tools.__Documents in the possession of the
department used to screen or assess clients, including, but not
limited to, questionnaires and test materials, are not public
records for purposes of Title 1, chapter 13, subchapter 1.__The
department shall release these documents on request to any other
state agency if necessary to carry out the statutory functions of
that agency and to any committee or study commission established
by the Legislature with authority to examine issues related to
mental health.

 
Sec. 11. 34-A MRSA §3003, as amended by PL 2001, c. 452, §15, is
repealed.

 
Sec. 12. 34-A MRSA §3036, as amended by PL 1999, c. 583, §13, is
repealed.

 
Sec. 13. 34-A MRSA §3036-A, sub-§10, as enacted by PL 2001, c. 141,
§2, is amended to read:

 
10. Terminally ill prisoner. With the consent of the
prisoner, the commissioner may permit a prisoner committed to the
department to be transferred from a correctional facility to
supervised community confinement without meeting the requirements
of subsection 2, paragraphs B and C if the facility's treating
physician has determined that the prisoner is terminally ill and
that care outside the correctional facility for the remainder of
the prisoner's illness is medically necessary appropriate. The
prisoner shall live in a hospital or other appropriate care
facility, such as a nursing facility or residential care
facility, approved by the commissioner. As approved by the
commissioner, the prisoner may receive hospice services from an
entity licensed pursuant to Title 22, chapter 1681, subchapter I
1. The commissioner may exempt a prisoner transferred to
supervised community confinement pursuant to this subsection from
any mandatory condition under subsection 3 that the commissioner
determines to be inapplicable.

 
Sec. 14. 34-A MRSA §5404, sub-§2, ¶B, as amended by PL 1995, c. 502,
Pt. F, §37, is further amended to read:

 
B. Arrest and return to a correctional facility persons
released from the correctional facility under section 3035
or 3036 or transferred from the facility under section 3036-
A; and


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