Maine Revised Statutes Title 34-B Sec. 5603 – Entitlement
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Each person with an intellectual disability, autism or an acquired brain injury is entitled to the rights enjoyed by citizens of the State and of the United States, unless some of these rights have been limited or suspended by a court of competent jurisdiction. [PL 2021, c. 284, Pt. A, §6 (AMD).]
1. Person committed to the commissioner. The rights and basic protections set out in section 5605 of a person with an intellectual disability, autism or an acquired brain injury who is committed to the commissioner as not criminally responsible pursuant to Title 15, section 103 or as incompetent to stand trial pursuant to Title 15, section 101?D may be limited or suspended only if the commissioner submits to the applicable court a written treatment plan that specifies each limitation of a right or basic protection and the treatment plan has been approved by the court.
[PL 2021, c. 284, Pt. A, §6 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 326, §8 (AMD). PL 2011, c. 186, Pt. A, §14 (AMD). PL 2011, c. 542, Pt. A, §126 (AMD). PL 2021, c. 284, Pt. A, §6 (AMD).
Terms Used In Maine Revised Statutes Title 34-B Sec. 5603
- 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
- Intellectual disability: means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period. See Maine Revised Statutes Title 34-B Sec. 5001
- 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.
- Person: means an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001
- Treatment: means the prevention or amelioration of physical and mental disabilities or illness of a person or any actions or services designed to assist the person to maximize the person's independence and potential. See Maine Revised Statutes Title 34-B Sec. 5601
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72