Maine Revised Statutes Title 34-B Sec. 1212 – State Forensic Service
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1. Establishment and membership. The Commissioner of Health and Human Services shall establish a State Forensic Service and appoint its members. Members must be psychiatrists and licensed clinical psychologists experienced in forensic service and may not be directly involved in the treatment of persons committed to the department under Title 15, chapter 5. These psychiatrists and psychologists may be employed by the department directly or as independent contractors.
[RR 1995, c. 2, §85 (COR); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 1212
- Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. Duties. The State Forensic Service shall have the following duties:
A. To perform examinations of the mental condition of a defendant pursuant to Title 15, section 101?D and to do the evaluations or examinations on behalf of any court of record, pursuant to agreement between the commissioner and the jurisdiction requesting that the evaluation be performed; [PL 2009, c. 268, §11 (AMD).]
B. To perform examinations of the mental condition of persons committed to the custody of the commissioner under Title 15, section 103, for the purposes specified in Title 15, section 104?A; [PL 1995, c. 219, §1 (AMD).]
C. To perform examinations of the mental condition of persons pursuant to Title 22, chapter 250; and [PL 1995, c. 219, §2 (AMD).]
D. To perform evaluations on behalf of any court of record. The State Forensic Service may contract with psychologists, psychiatrists and licensed clinical social workers to perform evaluations. The clinicians under contract are entitled to quasi-judicial immunity for all acts performed within the scope of their evaluation duties and in accordance with protocols for evaluations established by the State Forensic Service. [PL 1995, c. 219, §3 (NEW).]
[PL 2009, c. 268, §11 (AMD).]
3. Professional education program. The State Forensic Service may establish and maintain a professional education program designed to assist licensed psychologists and psychiatrists in developing expertise in the forensic aspects of each profession, with emphasis on the assessment of competency, criminal responsibility and abnormal condition of mind under the laws of the State.
[PL 1989, c. 621, §9 (NEW).]
SECTION HISTORY
PL 1985, c. 796, §7 (NEW). PL 1989, c. 487, §§16,17 (AMD). PL 1989, c. 621, §9 (AMD). RR 1995, c. 2, §85 (COR). PL 1995, c. 219, §§1-3 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B7 (REV). PL 2009, c. 268, §11 (AMD).