(1) An order is issued pursuant to paragraph A;

(2) The order is brought before a District Court Judge or justice of the peace; and

(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.

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.

This paragraph does not preclude the use of protective custody by law enforcement officers pursuant to section 3862.

Sec. BBBB-13. 34-B MRSA §3871, sub-§6 is enacted to read:

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.

Sec. BBBB-14. 34-B MRSA §3873 is enacted to read:

§3873.__Progressive treatment program

1. Program established.__The department shall establish the progressive treatment program to provide care for persons who meet the criteria of subsection 2.

2.__Criteria for participation.__The following criteria apply to participation in the progressive treatment program.

A.__Participation in the program must be ordered by the District Court in accordance with this paragraph.

(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.