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examined the person, any independent psychiatrist or licensed | clinical psychologist who is employed by the prosecuter | | and has examined the person and any other relevant testimony. If | | the court does not respond within 60 days to the proposed treatment | | plan and no objections and request for hearing are filed by the | | district attorney or Attorney General, it may then be put into | | effect by the administrator of the hospital on the assumption that | | the court approved the treatment plan. The Commissioner of Health | | and Human Services shall inform the public safety officer of the | | municipality or the sheriff's office of the county in which the | | person will spend any unsupervised time under the release treatment | | program of that program. |
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| | | Sec. 4. 15 MRSA §104-A, sub-§3, as corrected by RR 1995, c. 2, §30 | | and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, | | §7, is further amended to read: |
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| | | 3. Other provisions concerning initial release or discharge. | | A report must be forwarded and filed and hearings must be held in | | accordance with subsection 1, without unnecessary delay when, at | | any time, it is the opinion of a staff psychiatrist that a | patient hospitalized, | | or discharged without likelihood that the patient will cause | | injury to that patient or to others due to mental disease or | | mental defect. |
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| | A person hospitalized | | person's spouse or next of kin, may petition the Superior Court | for the county in which that person is hospitalized | | a hearing under subsection 1. Upon receiving the petition, the | | court shall request and must be furnished by the Commissioner of | | Health and Human Services a report on the mental condition of | | that person, as described in subsection 1. A hearing must be | | held on each petition, and release or discharge, if ordered, must | | be in accordance with subsection 1. If release or discharge is | | not ordered, a petition may not be filed again for the release or | | discharge of that person for 6 months. Any person released under | | subsection 1 or the person's spouse or next of kin may at any | | time after 6 months from the release petition the Superior Court | for the county in which that person was hospitalized | | for that person's discharge under subsection 1. If discharge is | | not ordered, a petition for discharge may not be filed again for | | 6 months. |
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| | | Sec. 5. 17-A MRSA §39, sub-§1, as amended by PL 1985, c. 796, §5, is | | further amended to read: |
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| | | 1. A defendant is not criminally responsible by reason of | | insanity if, at the time of the criminal conduct, as a result of | mental disease or defect, he |
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