| C. If the order is not voluntarily complied with, an | involuntarily committed patient on convalescent leave may be | returned to the hospital if the following conditions are | met: |
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| (1) An order is issued pursuant to paragraph A; |
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| (2) The order is brought before a District Court Judge | or justice of the peace; and |
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| (3) Based upon clear and convincing evidence that | return to the hospital is in the patient's best | interest or that the patient poses a likelihood of | serious harm, the District Court Judge or justice of | the peace approves return to the hospital. |
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| After approval by the District Court Judge or justice of the | peace, a law enforcement officer may take the patient into | custody and arrange for transportation of the patient in | accordance with the provisions of section 3863, subsection | 4. |
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| This paragraph does not preclude the use of protective | custody by law enforcement officers pursuant to section | 3862. |
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| | Sec. BBBB-13. 34-B MRSA §3871, sub-§6 is enacted to read: |
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| | 6.__Discharge to progressive treatment program.__If a person | participates in the progressive treatment program under section | 3873, the time period of a commitment under this section | terminates on entry into the progressive treatment program. |
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| | Sec. BBBB-14. 34-B MRSA §3873 is enacted to read: |
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| §3873.__Progressive treatment program |
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| | 1. Program established.__The department shall establish the | progressive treatment program to provide care for persons who | meet the criteria of subsection 2. |
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| | 2.__Criteria for participation.__The following criteria apply | to participation in the progressive treatment program. |
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| A.__Participation in the program must be ordered by the | District Court in accordance with this paragraph. |
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| (1)__The superintendent of a state mental health | institute may file an application for an order of | admission to the progressive treatment program with the | District Court. |
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