Bill Summary – FastDemocracy

LAW WITHOUT
                                                                 GOVERNOR'S               CHAPTER
                                                                 SIGNATURE
                                                                                               183
                                                                  MAY 8, 2022             RESOLVES
                                  STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-TWO
                                          _____
                                 H.P. 1496 - L.D. 2008
Resolve, To Establish the Committee To Study Court-ordered Treatment for
                          Substance Use Disorder
    Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
    Whereas, the Committee To Study Court-ordered Treatment for Substance Use
Disorder is needed to explore the legal issues and best medical practices and related issues
concerning substance use disorder treatment that is involuntary or includes some form of
leverage to ensure adherence to treatment; and
    Whereas, the study must be initiated before the 90-day period expires in order that
the study may be completed and a report submitted in time for submission to the next
legislative session; and
    Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore, be it
    Sec. 1. Study committee established. Resolved: That the Committee To Study
Court-ordered Treatment for Substance Use Disorder, referred to in this resolve as "the
study committee," is established.
   Sec. 2. Study committee membership. Resolved: That, notwithstanding Joint
Rule 353, the study committee consists of 16 members appointed as follows:
   1. Three members of the Senate appointed by the President of the Senate, including
members from each of the 2 parties holding the largest number of seats in the Legislature;
     2. Three members of the House of Representatives appointed by the Speaker of the
House, including members from each of the 2 parties holding the largest number of seats
in the Legislature;
    3. One member appointed by the Governor;
    4. One member representing hospitals, appointed by the President of the Senate;
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    5. One member representing substance use disorder treatment providers, appointed by
the Speaker of the House;
    6. One member representing families affected by substance use disorder, appointed by
the President of the Senate;
   7. One member with lived experience with substance use disorder, appointed by the
Speaker of the House;
     8. One member representing primary health care providers, appointed by the President
of the Senate;
    9. One member representing hospital emergency department providers, appointed by
the Speaker of the House;
    10. One member representing an organization whose primary mission is the protection
of civil liberties, appointed by the President of the Senate;
   11. One member representing a statewide organization representing physicians,
appointed by the Speaker of the House; and
     12. One member representing the Judicial Department, appointed by the Chief Justice
of the Supreme Judicial Court.
   Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair
and the first-named House of Representatives member is the House chair of the study
committee.
    Sec. 4. Appointments; convening of study committee. Resolved: That all
appointments must be made no later than 30 days following the effective date of this
resolve. The appointing authorities shall notify the Executive Director of the Legislative
Council once all appointments have been completed. After appointment of all members,
the chairs shall call and convene the first meeting of the study committee. If 30 days or
more after the effective date of this resolve a majority of but not all appointments have
been made, the chairs may request authority and the Legislative Council may grant
authority for the study committee to meet and conduct its business.
    Sec. 5. Duties. Resolved: That the study committee shall:
    1. Review services and processes currently available in this State for persons with
substance use disorder;
    2. Review options offered in other jurisdictions for persons with substance use
disorder, including but not limited to judicial orders for involuntary treatment as well as
other treatment options that include some form of leverage to ensure adherence to
treatment, and review outcomes;
    3. Review the constitutional and other rights of persons with substance use disorder
and how other jurisdictions protect those rights; and
    4. Develop recommendations for treatment options for persons with substance use
disorder, including implementation plans.
    Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide
necessary staffing services to the study committee, except that the Legislative Council staff
support is not authorized when the Legislature is in regular or special session.
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     Sec. 7. Report. Resolved: That, no later than November 2, 2022, the study
committee shall submit a report that includes a summary of its activities and
recommendations, including suggested legislation, to the Joint Standing Committee on
Health and Human Services and the Joint Standing Committee on Judiciary for presentation
to the First Regular Session of the 131st Legislature.
    Sec. 8. Outside funding. Resolved: That the study committee shall seek funding
contributions to fully fund the costs of the study. All funding is subject to approval by the
Legislative Council in accordance with its policies. If sufficient contributions to fund the
study have not been received within 30 days after the effective date of this resolve, no
meetings are authorized and no expenses of any kind may be incurred or reimbursed.
    Sec. 9.    Appropriations and allocations. Resolved: That the following
appropriations and allocations are made.
LEGISLATURE
Study Commissions - Funding 0444
Initiative: Allocates funds from outside sources for the costs to the Legislature of the
Committee To Study Court-ordered Treatment for Substance Use Disorder.
OTHER SPECIAL REVENUE FUNDS                                      2021-22           2022-23
 Personal Services                                                   $660              $660
 All Other                                                           $840            $1,090
                                                              __________        __________
OTHER SPECIAL REVENUE FUNDS TOTAL                                  $1,500            $1,750
    Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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